Garcia v. Specialized Loan Servicing LLC et al

Filing 26

STIPULATED PROTECTIVE ORDER Granting 25 Stipulation for Protective Order. Signed by Magistrate Judge Cam Ferenbach on 11/17/2017. (Copies have been distributed pursuant to the NEF - MMM)

1
2
3
4
5
6
7
8
9
10
11
12

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: [phone]
Fax: [phone]
Email: [e-mail]
Email: [e-mail]
David H. Krieger, Esq.
Nevada Bar No. 9086
HAINES & KRIEGER, LLC
8985 S. Eastern Ave., Suite 350
Henderson, NV 89123
Phone: [phone]
Fax: [phone]
Email: [e-mail]

13
14

Attorneys for Plaintiff

15

UNITED STATES DISTRICT COURT

16

DISTRICT OF NEVADA

17

TROY GARCIA,

18
19

Plaintiff,
[PROPOSED] STIPULATED
PROTECTIVE ORDER

vs.

20
21
22
23
24
25

Case No.: 2:17-cv-01721-RFB-VCF

SPECIALIZED LOAN SERVICING LLC;
AMERICAN HONDA FINANCE CORP.;
TOYOTA FINANCIAL SERVICES; WELLS
FARGO CARD SERVICES; AND EQUIFAX
INFORMATION SERVICES, LLC,
Defendants.
IT IS HEREBY STIPULATED by and between Plaintiff TROY GARCIA (“Plaintiff”),

26

and Defendants SPECIALIZED LOAN SERVICING LLC; AMERICAN HONDA FINANCE
27
28
[Proposed] Stipulated Protective Order - 1

1

CORP.; and WELLS FARGO CARD SERVICES, (collectively, the “Parties”), by and through

2

their counsel of record, as follows:

3

WHEREAS, documents and information have been and may be sought, produced or
4
5

exhibited by and among the parties to this action relating to trade secrets, confidential research,

6

development, technology or other proprietary information belonging to the defendants and/or

7

personal income, credit and other confidential information of Plaintiff.

8

THEREFORE, an Order of this Court protecting such confidential information shall be and

9

hereby is made by this Court on the following terms:
10
11

1.

This Order shall govern the use, handling and disclosure of all documents,

12

testimony or information produced or given in this action which are designated to be subject to

13

this Order in accordance with the terms hereof.

14

2.

Any party or non-party producing or filing documents or other materials in this

15

action may designate such materials and the information contained therein subject to this Order by

16

typing or stamping on the front of the document, or on the portion(s) of the document for which

17
18
19
20

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

21

file them with the clerk under seal; provided, however, that a copy of such filing having the
22

confidential information deleted therefrom may be made part of the public record. Any party filing
23

any document under seal must comply with the requirements of Local Rules.
24
25
26
27
28

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, Specialized
[Proposed] Stipulated Protective Order - 2

1

Loan Servicing, LLC; American Honda Finance Corp., and Wells Fargo Card Services for any

2

business, commercial or competitive purposes or for any purpose whatsoever other than solely for
3

the preparation and trial of this action in accordance with the provisions of this Order.
4

5.

Except with the prior written consent of the individual or entity designating a

5
6
7
8
9

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

10

confidential hereunder) may not be disclosed other than in accordance with this Order and may

11

not be disclosed to any person other than: (a) the Court and its officers; (b) parties to this litigation;

12

(c) counsel for the parties, whether retained counsel or in-house counsel and employees of counsel

13

assigned to assist such counsel in the preparation of this litigation; (d) fact witnesses subject to a

14

proffer to the Court or a stipulation of the parties that such witnesses need to know such

15

information; (e) present or former employees of the producing party in connection with their

16

depositions in this action (provided that no former employees shall be shown documents prepared

17

after the date of his or her departure; and (f) experts specifically retained as consultants or expert

18

witnesses in connection with this litigation.

19

6.

Documents produced pursuant to this Order shall not be made available to any

20

person designated in Subparagraph 5(f) unless he or she shall have first read this Order, agreed to

21

be bound by its terms, and signed the attached Declaration of Compliance.

22
23
24
25

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

26

of the above-captioned action between the named parties thereto.

No person receiving or

27

reviewing such confidential documents, information or transcript shall disseminate or disclose
28
[Proposed] Stipulated Protective Order - 3

1

them to any person other than those described above in Paragraph 5 and for the purposes specified,

2

and in no event, shall such person make any other use of such document or transcript.
3

8.

Nothing in this Order shall prevent a party from using at trial any information or

4

materials designated “Confidential.”
5

9.

6
7
8
9

This Order has been agreed to by the parties to facilitate discovery and the

production of relevant evidence in this action. Neither the entry of this Order, nor the 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.
10.

10

Within sixty (60) days after the final termination of this litigation, all documents,

11

transcripts, or other materials afforded confidential treatment pursuant to this Order, including any

12

extracts, summaries or compilations taken therefrom, but excluding any materials which in the

13

good faith judgment of counsel are work product materials, shall be returned to the Producing

14

Party.

15

11.

In the event that any party to this litigation disagrees at any point in these

16

proceedings with any designation made under this Protective Order, the parties shall first try to

17

resolve such dispute in good faith on an informal basis. If the dispute cannot be resolved, the party

18

objecting to the designation may seek appropriate relief from this Court. During the pendency of

19

any challenge to the designation of a document or information, the designated document or

20

information shall continue to be treated as “Confidential” subject to the provisions of this

21

Protective Order. The designating party shall have the burden of proving that any document

22
23
24
25

designated as CONFIDENTIAL is entitled to such protection.
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.

26

13.

The Court retains the right to allow disclosure of any subject covered by this

27

stipulation or to modify this stipulation at any time in the interest of justice.
28
[Proposed] Stipulated Protective Order - 4

1
2
3
4
5
6
7

IT IS SO STIPULATED.
Dated: November 17, 2017
/s/ Miles N. Clark
Matthew I. Knepper, Esq.
Nevada Bar No. 12796
Miles N. Clark, Esq.
Nevada Bar No. 13848
KNEPPER & CLARK LLC
Email: [e-mail]
Email: [e-mail]

8
9
10

David H. Krieger, Esq.
Nevada Bar No. 9086
HAINES & KRIEGER, LLC
Email: [e-mail]

/s/ Michael R. Hogue
Jacob D. Bundick, Esq.
Nevada Bar No. 9772
Michael R. Hogue, Esq.
Nevada Bar No. 12400
GREENBERG TRAURIG, LLP
3773 Howard Hughes Parkway, Suite 400 N
Las Vegas, NV 89169
Email: [e-mail]
Email: [e-mail]
Counsel for Defendant
Specialized Loan Servicing LLC

11
12
13
14
15
16
17
18
19

Counsel for Plaintiff
/s/ Chad C. Butterfield
Chad C. Butterfield, Esq.
Nevada Bar No. 10532
WILSON ELSER MOSKOWITZ
EDELMAN & DICKER LLP
300 South Fourth Street, 11th Floor
Las Vegas, NV 89101
Email: [e-mail]
Counsel for Defendant
American Honda Finance Corp.

/s/ Tanya N. Lewis
Kelly H. Dove, Esq.
Nevada Bar No. 10569
Tanya N. Lewis, Esq.
Nevada Bar No. 8855
SNELL & WILMER L.L.P.
3883 Howard Hughes Parkway
Las Vegas, NV 89169
Email: [e-mail]
Email: [e-mail]
Counsel for Defendant
Wells Fargo Card Services

20
21

ORDER

22
23
24

IT IS SO ORDERED.
11-17-2017
Dated: __________, _____
UNITED STATES MAGISTRATE JUDGE

25
26
27
28
[Proposed] Stipulated Protective Order - 5

1

EXHIBIT A

2

DECLARATION OF COMPLIANCE
3

(Garcia v. Specialized Loan Servicing LLC, et al; 2:17-CV-01721-RFB-VCF)
4

I, _____________________________________, declare as follows:
5

1.

9
10

My present occupation or job description is _________________________.

4

8

My present employer is ________________________________________.

3.

7

My address is ________________________________________________.

2.

6

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

13

6.

I will comply with all provisions of this Stipulated Protective Order.

14

7.

I will hold in confidence, and will not disclose to anyone not qualified under the

11
12

Order.

15

Stipulated Protective Order, any information, documents or other materials produced subject to

16

this Stipulated Protective Order.

17
18
19

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

20

information, documents or other materials produced subject to this Stipulated Protective Order,

21

and all documents or things which I have prepared relating to the information, documents or other

22
23
24
25

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

Stipulated Protective Order in this action.

26
27
28
[Proposed] Stipulated Protective Order - 6

1

I declare under penalty of perjury under the laws of the United States that the following is

2

true and correct.
3

Executed this ____ day of _____________, 2017 at __________________.
4
5

_______________________________
QUALIFIED PERSON

6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
[Proposed] Stipulated Protective Order - 7