Harmon v. Wells Fargo Card Services et al
Filing
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ORDER Granting 18 Stipulation re Protective Order. Signed by Magistrate Judge Peggy A. Leen on 10/17/17. (Copies have been distributed pursuant to the NEF - MR)
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Matthew I. Knepper, Esq.
Nevada Bar No. 12796
Miles N. Clark, Esq.
Nevada Bar No. 13848
KNEPPER & CLARK LLC
10040 W. Cheyenne Ave., Suite 170-109
Las Vegas, NV 89129
Phone: (702) 825-6060
Fax: (702) 447-8048
Email: matthew.knepper@knepperclark.com
Email: miles.clark@knepperclark.com
David H. Krieger, Esq.
Nevada Bar No. 9086
HAINES & KRIEGER, LLC
8985 S. Eastern Ave., Suite 350
Henderson, NV 89123
Phone: (702) 880-5554
Fax: (702) 385-5518
Email: dkrieger@hainesandkrieger.com
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Attorneys for Plaintiff
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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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GARY E. HARMON,
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Plaintiff,
STIPULATED
PROTECTIVE ORDER
vs.
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Case No.: 2:17-cv-01710-RFB-PAL
WELLS FARGO CARD SERVICES;
EQUIFAX INFORMATION SERVICES, LLC,
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Defendant
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IT IS HEREBY STIPULATED by and between Plaintiff GARY E. HARMON
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(“Plaintiff”), and Defendants WELLS FARGO BANK, N.A., erroneously named as WELLS
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FARGO CARD SERVICES (“Wells Fargo”); and EQUIFAX INFORMATION SERVICES,
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LLC (“Equifax”), (collectively, the “Parties”), by and through their counsel of record, as follows:
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Stipulated Protective Order - 1
4833-8600-8145
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WHEREAS, documents and information have been and may be sought, produced or
exhibited by and among the parties to this action relating to trade secrets, confidential research,
development, technology or other proprietary information belonging to the defendants and/or
personal income, credit and other confidential information of Plaintiff.
THEREFORE, an Order of this Court protecting such confidential information shall be
and hereby is made by this Court on the following terms:
1.
This Order shall govern the use, handling and disclosure of all documents,
testimony or information produced or given in this action which are designated to be subject to
this Order in accordance with the terms hereof.
2.
Any party or non-party producing or filing documents or other materials in this
action may designate such materials and the information contained therein subject to this Order
by typing or stamping on the front of the document, or on the portion(s) of the document for
which confidential treatment is designated, “Confidential.”
3.
To the extent any motions, briefs, pleadings, deposition transcripts, or other
papers to be filed with the Court incorporate documents or information subject to this Order, the
party filing such papers shall designate such materials, or portions thereof, as “Confidential,” and
shall file them with the clerk under seal; provided, however, that a copy of such filing having the
confidential information deleted therefrom may be made part of the public record. Any party
filing any document under seal must comply with the requirements of Local Rules.
4.
All documents, transcripts, or other materials subject to this Order, and all
information derived therefrom (including, but not limited to, all testimony, deposition, or
otherwise, that refers, reflects or otherwise discusses any information designated Confidential
hereunder), shall not be used, directly or indirectly, by any person, including Plaintiff, Wells
Fargo and Equifax for any business, commercial or competitive purposes or for any purpose
whatsoever other than solely for the preparation and trial of this action in accordance with the
provisions of this Order.
5.
Except with the prior written consent of the individual or entity designating a
Stipulated Protective Order - 2
4833-8600-8145
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document or portions of a document as “Confidential,” or pursuant to prior Order after notice,
any document, transcript or pleading given “Confidential” treatment under this Order, and any
information contained in, or derived from any such materials (including but not limited to, all
deposition testimony that refers, reflects or otherwise discusses any information designated
confidential hereunder) may not be disclosed other than in accordance with this Order and may
not be disclosed to any person other than: (a) the Court and its officers; (b) parties to this
litigation; (c) counsel for the parties, whether retained counsel or in-house counsel and
employees of counsel assigned to assist such counsel in the preparation of this litigation; (d) fact
witnesses subject to a proffer to the Court or a stipulation of the parties that such witnesses need
to know such information; (e) present or former employees of the producing party in connection
with their depositions in this action (provided that no former employees shall be shown
documents prepared after the date of his or her departure; and (f) experts specifically retained as
consultants or expert witnesses in connection with this litigation.
6.
Documents produced pursuant to this Order shall not be made available to any
person designated in Subparagraph 5(f) unless he or she shall have first read this Order, agreed to
be bound by its terms, and signed the attached Declaration of Compliance.
7.
All persons receiving any or all documents produced pursuant to this Order shall
be advised of their confidential nature. All persons to whom confidential information and/or
documents are disclosed are hereby enjoined from disclosing same to any person except as
provided herein, and are further enjoined from using same except in the preparation for and trial
of the above-captioned action between the named parties thereto.
No person receiving or
reviewing such confidential documents, information or transcript shall disseminate or disclose
them to any person other than those described above in Paragraph 5 and for the purposes
specified, and in no event, shall such person make any other use of such document or transcript.
8.
Nothing in this Order shall prevent a party from using at trial any information or
materials designated “Confidential.”
9.
This Order has been agreed to by the parties to facilitate discovery and the
Stipulated Protective Order - 3
4833-8600-8145
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production of relevant evidence in this action.
designation of any information, document, or the like as “Confidential,” nor the failure to make
such designation, shall constitute evidence with respect to any issue in this action.
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10.
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any extracts, summaries or compilations taken therefrom, but excluding any materials which in
the good faith judgment of counsel are work product materials, shall be returned to the Producing
Party.
11.
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In the event that any party to this litigation disagrees at any point in these
proceedings with any designation made under this Protective Order, the parties shall first try to
resolve such dispute in good faith on an informal basis. If the dispute cannot be resolved, the
party objecting to the designation may seek appropriate relief from this Court. During the
pendency of any challenge to the designation of a document or information, the designated
document or information shall continue to be treated as “Confidential” subject to the provisions
of this Protective Order. The designating party shall have the burden of proving that any
document designated as CONFIDENTIAL is entitled to such protection.
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Within sixty (60) days after the final termination of this litigation, all documents,
transcripts, or other materials afforded confidential treatment pursuant to this Order, including
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12.
Nothing herein shall affect or restrict the rights of any party with respect to its
own documents or to the information obtained or developed independently of documents,
transcripts and materials afforded confidential treatment pursuant to this Order.
///
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Neither the entry of this Order, nor the
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4833-8600-8145
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The Court retains the right to allow disclosure of any subject covered by this
stipulation or to modify this stipulation at any time in the interest of justice.
IT IS SO STIPULATED.
Dated: October 6, 2017
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/s/ Matthew I. Knepper
Matthew I. Knepper, Esq.
Nevada Bar No. 12796
Miles N. Clark, Esq.
Nevada Bar No. 13848
KNEPPER & CLARK LLC
Email: matthew.knepper@knepperclark.com
Email: miles.clark@knepperclark.com
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David H. Krieger, Esq.
Nevada Bar No. 9086
HAINES & KRIEGER, LLC
Email: dkrieger@hainesandkrieger.com
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/s/ Karl O. Riley
Kelly H. Dove, Esq.
Nevada Bar No.
Karl O. Riley, Esq.
Nevada Bar No.
SNELL & WILMER L.L.P.
3883 Howard Hughes Parkway
Las Vegas, NV 89169
Email: kdove@swlaw.com
Email: kriley@swlaw.com
Counsel for Plaintiff
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/s/ Bradley T. Austin
Bradley T. Austin, Esq.
Nevada Bar No.
SNELL & WILMER LLP
3883 Howard Hughes Pkwy., Ste. 1100
Las Vegas, NV 89169
Email: baustin@swlaw.com
Counsel for Defendant
Equifax Information Services, LLC
ORDER
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IT IS SO ORDERED.
October 17 2017
Dated: __________, _____
UNITED STATES MAGISTRATE JUDGE
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Counsel for Defendant
Wells Fargo Bank, N.A., erroneously named as
Wells Fargo Card Services
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4833-8600-8145
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EXHIBIT A
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DECLARATION OF COMPLIANCE
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(Gary Harmon v. Wells Fargo Card Services et al; 2:17-CV-01710-RFB-PAL)
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I, _____________________________________, declare as follows:
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1.
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My present occupation or job description is _________________________.
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My present employer is ________________________________________.
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My address is ________________________________________________.
2.
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I have received a copy of the Stipulated Protective Order entered in this action on
_______________, 20___.
5.
I have carefully read and understand the provisions of this Stipulated Protective
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6.
I will comply with all provisions of this Stipulated Protective Order.
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7.
I will hold in confidence, and will not disclose to anyone not qualified under the
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Order.
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Stipulated Protective Order, any information, documents or other materials produced subject to
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this Stipulated Protective Order.
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8.
I will use such information, documents or other materials produced subject to this
Stipulated Protective Order only for purposes of this present action.
9.
Upon termination of this action, or upon request, I will return and deliver all
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information, documents or other materials produced subject to this Stipulated Protective Order,
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and all documents or things which I have prepared relating to the information, documents or
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other materials that are subject to the Stipulated Protective Order, to my counsel in this action, or
to counsel for the party by whom I am employed or retained or from whom I received the
documents.
10.
I hereby submit to the jurisdiction of this Court for the purposes of enforcing the
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Stipulated Protective Order in this action.
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Stipulated Protective Order - 6
4833-8600-8145
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I declare under penalty of perjury under the laws of the United States that the following is
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true and correct.
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Executed this ____ day of _____________, 2017 at __________________.
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_______________________________
QUALIFIED PERSON
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Stipulated Protective Order - 7
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