Castillo v. Navient Solutions, LLC et al
Filing
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ORDER Granting 22 Stipulation and Protective Order. Signed by Magistrate Judge Carl W. Hoffman on 9/19/17. (Copies have been distributed pursuant to the NEF - ADR)
Case 2:17-cv-01723-RFB-CWH Document 22 Filed 09/15/17 Page 1 of 10
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ARIEL E. STERN, ESQ.
Nevada Bar No. 8276
REX D. GARNER, ESQ.
Nevada Bar No. 9401
AKERMAN LLP
1160 Town Center Drive, Suite 330
Las Vegas, NV 89144
Telephone: (702) 634-5000
Facsimile: (702) 380-8572
Email: ariel.stern@akerman.com
rex.garner@akerman.com
Attorneys for Defendant Navient Solutions,
LLC
UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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AKERMAN LLP
1160 TOWN CENTER DRIVE, SUITE 330
LAS VEGAS, NEVADA 89144
TEL.: (702) 634-5000 – FAX: (702) 380-8572
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KEITH CASTILLO, an individual;
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Case No.: 2-17-cv-01723-RFB-CWH
Plaintiff,
STIPULATION AND PROTECTIVE
ORDER
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vs.
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NAVIENT SOLUTIONS, LLC, a foreign
limited-liability company; and EQUIFAX, INC.,
a foreign corporation; TRANS UNION LLC, a
foreign limited-liability company;
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Defendants.
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Subject to the approval of the Court, Plaintiff Keith Castillo and Defendant Navient
Solutions, LLC (NSL) stipulate to the following Protective Order.
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The Court, being advised in the premises, finds there is a potentially significant number of
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documents containing the nonpublic personal information of Plaintiff and the confidential and
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proprietary information of NSL to be exchanged in discovery in this case, such that document-by-
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document review of discovery materials will be impracticable if the case is to proceed in an orderly,
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timely, and efficient manner.
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The Court further finds the Parties' interests in protecting the non-public personal
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information of Plaintiff, as well as confidential and commercially sensitive information of NSL
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pertaining to Plaintiff’s account(s) from unnecessary disclosure, and the Parties' desire and the
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benefit to the Court of an orderly and expeditious resolution of this matter on its merits, outweigh
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any societal interest in disclosure of such materials to non-parties. Thus, after due consideration by
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the Court and for good cause shown, the Court finds that it is appropriate to expedite the flow of
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discovery material, promote the prompt resolution of disputes over confidentiality, and to facilitate
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the preservation of material arguably worthy of protection. Accordingly, it is,
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ORDERED and ADJUDGED as follows:
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1.
"CONFIDENTIAL" Documents, Materials, and Information. This Order shall govern
to discovery, and all communications of any kind made by Plaintiff, Plaintiff's attorneys, consultants,
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agents, and representatives; Defendant NSL, its attorneys, consultants, agents, employees, and
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representatives; and other third parties. "CONFIDENTIAL" materials shall be the documents or
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AKERMAN LLP
all documents produced or exchanged, all written answers, deposition answers, and other responses
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1160 TOWN CENTER DRIVE, SUITE 330
LAS VEGAS, NEVADA 89144
TEL.: (702) 634-5000 – FAX: (702) 380-8572
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information respectively designated under this Order and any notes, work papers, or other
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documents respectively containing "CONFIDENTIAL" materials derived from such items. Plaintiff,
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NSL or any third party may identify any documents or information, including but not limited to
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discovery materials produced by that party, initial disclosures, documents and things, answers to
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interrogatories, responses to requests for production, responses to requests for admission, deposition
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exhibits, and all or portions of deposition or hearing transcripts, as "CONFIDENTIAL" and
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designate the documents or information as such by affixing thereto a legend of "CONFIDENTIAL"
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or by designating through another method set forth in this Order or agreed to by the parties.
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Plaintiff, NSL or any third party may designate documents or information as
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"CONFIDENTIAL" to the extent that the party, through counsel, believes "good cause" under
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Federal Rule of Civil Procedure 26(c) exists to categorize the material as confidential because the
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material contains or includes: (1) confidential business or technical information; (2) trade secrets; (3)
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proprietary business methods or practices; (4) any other competitively sensitive confidential
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information; (5) personal information, including personal financial information about customers or
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applicants, any party to this lawsuit, or an employee of any party to this lawsuit; (6) information
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regarding any individual's banking or lending relationships, including, without limitation,
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information regarding any individual's mortgage or credit history and/or consumer information not
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otherwise available to the public; and (7) any other categories that are later agreed to in writing by
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the parties or ordered by the Court.
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Designation of "CONFIDENTIAL" Material.
Documents shall be designated as
not interfere with their legibility. This designation shall only be used in a reasonable fashion and
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upon a good faith determination by counsel that a particular document contains non-public
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information and falls within one of the categories enumerated in Paragraph 1. This designation shall
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ordinarily be made before or at the same time as the production or disclosure of the material.
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Because materials described in Paragraph 1 shall be covered by this Order, there shall be no waiver
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of confidentiality if such materials are inadvertently produced without being stamped
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"CONFIDENTIAL." Materials already produced in discovery in this litigation may be designated as
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AKERMAN LLP
"CONFIDENTIAL" by stamping them with the word "CONFIDENTIAL" in a manner which will
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1160 TOWN CENTER DRIVE, SUITE 330
LAS VEGAS, NEVADA 89144
TEL.: (702) 634-5000 – FAX: (702) 380-8572
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"CONFIDENTIAL" upon written notice (without stamping), within fourteen (14) days of the entry
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of this Order, from the party asserting the confidentiality designation to all counsel of record to
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whom such documents have been produced by notifying the other party of the identity of the
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documents or information to be so designated. Any of the parties to this action can remove at any
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time its designation of "CONFIDENTIAL" from any of the documents or information it has
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previously so designated.
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3.
Treatment of "CONFIDENTIAL" Information.
Unless otherwise ordered by the
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Court, "CONFIDENTIAL" material, and any quotes, summaries, charts, or notes made therefrom,
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and any facts or information contained therein or derived therefrom, shall be held in confidence and
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used by the parties to whom the documents and information are produced solely for the purpose of
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this case. The parties agree to take reasonable steps to maintain the confidentiality of the documents,
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information, and testimony relating thereto.
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"CONFIDENTIAL" material, including all copies thereof, shall be retained solely in the custody of
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the parties' attorneys and shall not be placed in the possession of or disclosed to any other person,
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except as set forth in this Order, as otherwise agreed upon by the parties, or upon leave of Court.
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Each person to whom "CONFIDENTIAL" material is disclosed pursuant to this Order is hereby
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prohibited from exploiting in any way such documents or information for his, her or its own benefit,
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or from using such information for any purpose or in any manner not connected with the prosecution
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During the pendency of this litigation,
Case 2:17-cv-01723-RFB-CWH Document 22 Filed 09/15/17 Page 4 of 10
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or defense of this case.
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4.
"Disclosure." As used herein, "disclosure" or to "disclose" shall mean to divulge,
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reveal,
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"CONFIDENTIAL" material.
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describe,
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summarize,
paraphrase,
quote,
transmit,
or
otherwise
communicate
Permissible Disclosure of "CONFIDENTIAL" Material. Except by order of this
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Court, or otherwise as required by law, material designated as "CONFIDENTIAL" (and any notes or
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documents that reflect or refer to such documents and information) shall not be disclosed to any
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person other than:
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(a)
A party hereto;
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(b)
Counsel employed by a party, or an employee of such counsel, to whom it is necessary
AKERMAN LLP
1160 TOWN CENTER DRIVE, SUITE 330
LAS VEGAS, NEVADA 89144
TEL.: (702) 634-5000 – FAX: (702) 380-8572
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that the materials be shown or the information known for purposes of this case;
(c)
Any employee or agent of a party to whom the "CONFIDENTIAL" materials are
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shown for the purpose of working directly on or testifying in connection with this
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litigation at the request of or at the direction of counsel for such party;
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(d)
A person retained to assist in this action, such as an investigator, independent
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accountant, or other technical expert or consultant, who has signed an
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acknowledgement in the form of Exhibit A, which signed acknowledgment shall be
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retained by the party who has retained such person;
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(e)
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action;
(f)
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Any person(s) designated by the Court in the interest of justice, upon such terms as the
Court may deem proper;
(g)
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This Court (or its employees or agents) pursuant to a court filing in connection with this
Members of the jury at a public trial of this matter, subject to the requirements of
Paragraph 11 below; or
(h)
A person who is deposed or who testifies at the hearing in this matter who has signed
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an acknowledgement in the form of Exhibit A hereto, which signed acknowledgment
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shall be retained by the party who has compelled such person to testify at a deposition
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or trial. If the witness refuses to sign such form, the party compelling such testimony
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shall immediately notify opposing counsel and permit them seven (7) days to seek
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redress with the Court.
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Review of Own "CONFIDENTIAL" Materials. The restrictions of this Order shall
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not apply to parties, and their employees, attorneys, experts or other authorized agents, when
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reviewing their own "CONFIDENTIAL" materials.
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Deposition Transcripts.
Deposition testimony and deposition exhibits containing
matter, Plaintiff, NSL or any third party, on the record, may designate as "CONFIDENTIAL"
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portions of the deposition testimony or deposition exhibits. Alternatively, Plaintiff, NSL or any third
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party may, by written notice to opposing counsel and the court reporter not later than fourteen (14)
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AKERMAN LLP
"CONFIDENTIAL" material shall be covered by this Order. During a deposition taken in this
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1160 TOWN CENTER DRIVE, SUITE 330
LAS VEGAS, NEVADA 89144
TEL.: (702) 634-5000 – FAX: (702) 380-8572
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business days after receipt of the final deposition transcript, designate as "CONFIDENTIAL" any
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portions of the deposition testimony or deposition exhibits. Until expiration of the above fourteen
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(14) day period, all deposition transcripts will be treated as "CONFIDENTIAL" material unless
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otherwise agreed to in writing by the parties.
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Objections to "CONFIDENTIAL" Designations. To the extent that any party contests
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a designation under this Order, such party shall object to such designation in writing not later than
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fourteen (14) business days after receipt of materials designated as "CONFIDENTIAL." The parties
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shall first try to resolve the disagreement in good faith on an informal basis, such as the production
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of redacted copies. If the parties are unable to reach an agreement regarding the designation, then
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the party objecting to such designation shall file an appropriate motion with the Court for a ruling
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that the documents or other information shall not be accorded such status and treatment. In the event
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that such a challenge is made, the party asserting the confidentiality designation shall have the
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burden of establishing good cause exists under Federal Rule of Civil Procedure 26(c) to maintain the
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designation.
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information, such document or information shall continue to be protected as provided by this Order.
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Should the Court rule in favor of the party objecting to the confidentiality designation, the party
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asserting the designation shall produce a copy of the document(s) without the "CONFIDENTIAL"
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designation.
Until this Court enters an order changing the designation of such documents or
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9.
Disclosing "CONFIDENTIAL" Material.
If any party wishes to disclose any
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"CONFIDENTIAL" material beyond the terms of Paragraphs 5-6 of this Order, that party shall
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provide all other parties with reasonable notice in writing of the request to disclose the materials,
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unless otherwise required by law. If the parties cannot resolve their disagreement with respect to the
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disclosure of any designated information, then a party may petition the Court for a determination of
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these issues. In the event that such a challenge is made, the party asserting the confidentiality
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designation shall have the burden of establishing that the designation is proper.
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"CONFIDENTIAL" material shall remain "CONFIDENTIAL" as stipulated by this Order until the
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Court rules on the party's specific petition.
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10.
Such
Pleadings and Other Court Submissions. Each party agrees that when filing with
AKERMAN LLP
1160 TOWN CENTER DRIVE, SUITE 330
LAS VEGAS, NEVADA 89144
TEL.: (702) 634-5000 – FAX: (702) 380-8572
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Court any papers (including, without limitation, affidavits, memoranda, interrogatory answers, or
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depositions) that disclose directly or indirectly any "CONFIDENTIAL" material, such papers shall
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be filed under seal in accordance with the Court's local rules and requirements for filing documents
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under seal.
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If a party filing a non-dispositive motion seeks to file documents under seal, the filing party
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must show that good cause exists as defined by Federal Rule of Civil Procedure 26(c). If a party
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filing a dispositive motion seeks to file documents under seal, the filing party must show
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"compelling reasons supported by specific factual findings outweigh the general history of access
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and the public policies favoring disclosure." Pintos v. Pac. Creditors Ass'n, 605 F.3d 665, 677-679
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(9th Cir. 2010) (internal quotations and citations omitted).
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The
parties
further
recognize
the
possible
need
to
use
documents
marked
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"CONFIDENTIAL" during the trial of this matter. However, the parties agree to take reasonable
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steps to protect the confidentiality of any trial exhibits so designated to include asking the Court to
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ensure that any such documents referred to or offered into evidence at trial are filed with the Court
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under seal.
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Document Retention. After the conclusion of this matter (including the expiration of
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all appeals), all originals and reproductions of the "CONFIDENTIAL" materials shall be returned to
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the producing party within thirty (30) days of such conclusion or be destroyed (in which case
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counsel for the party destroying said documents shall certify in writing to the producing party within
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thirty (30) days of such conclusion that destruction of the "CONFIDENTIAL" materials has taken
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place). Insofar as the provisions of this Order restrict the use of the documents produced hereunder,
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the Order shall continue to be binding throughout and after the conclusion of this case, including all
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appeals, except as set forth in Paragraph 13.
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Admissibility. Nothing in this Order shall be construed to limit any party from
Evidence, "CONFIDENTIAL" materials and other confidential information may be offered in
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evidence at trial or any court hearing. Any party may move the court for an Order that the evidence
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be received in camera or under other conditions to prevent unnecessary disclosure of any
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AKERMAN LLP
producing or introducing any document into evidence at public hearing. Subject to the Rules of
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1160 TOWN CENTER DRIVE, SUITE 330
LAS VEGAS, NEVADA 89144
TEL.: (702) 634-5000 – FAX: (702) 380-8572
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"CONFIDENTIAL" material. The Court will then determine whether the proffered evidence should
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continue to be treated as "CONFIDENTIAL" and, if so, what protection, if any, may be afforded to
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such information at the trial or hearing.
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13.
Scope of Discovery. Nothing in this Order shall preclude any party from opposing
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production of any documents or information, or from seeking further or different relief should future
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pretrial activities indicate such a need.
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14.
Client Consultation. Nothing in this Order shall bar or otherwise restrict any attorney
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herein from rendering advice to his or her client with respect to this case or from doing anything
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necessary to prosecute or defend this case and further the interests of his client, provided, however,
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that the attorney shall not disclose any material designated for protection hereunder where such
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disclosure would be contrary to the terms of this Order.
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15.
Discretion of the Court. Nothing in this Order shall apply to, bind, or limit the Court
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or its employees in the performance of their duties. Notwithstanding any foregoing suggestion to the
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contrary, the Court shall retain final and complete authority to re-designate any material previously
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designated as "CONFIDENTIAL" as a public document.
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16.
Notice of Breach. It shall be the obligation of counsel, upon hearing of any breach or
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threatened breach of this Order by any person, promptly to notify counsel for the opposing and
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producing parties of such breach or threatened breach. The parties shall make every reasonable
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effort to mark all discovery containing "CONFIDENTIAL" materials, but the mistaken or
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inadvertent failure to mark the discovery material, where notice has otherwise been given that it
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contains "CONFIDENTIAL" materials, shall not exempt it from the provisions of this Order.
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17.
Litigation Use Only. All "CONFIDENTIAL" materials produced in this litigation,
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whether by a party or nonparty, and whether pursuant to the civil rules of procedure, subpoena,
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agreement or otherwise, and all information contained therein or derived therefrom, shall be used
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solely for the preparation and trial of this action (including any appeals and retrials), and may not be
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used for any other purpose, including business, governmental or commercial, or any other
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administrative or judicial proceedings or actions.
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18.
Subpoena by Other Court or Agencies. If another court or an administrative agency
AKERMAN LLP
1160 TOWN CENTER DRIVE, SUITE 330
LAS VEGAS, NEVADA 89144
TEL.: (702) 634-5000 – FAX: (702) 380-8572
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subpoenas or orders production of "CONFIDENTIAL" materials that a party obtained under the
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terms of this Order, the party receiving the subpoena shall promptly notify the party or other person
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who designated the "CONFIDENTIAL" materials of the pendency of such subpoena or order.
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Inadvertent Disclosure Protection.
Review of the "CONFIDENTIAL" materials
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labeled "CONFIDENTIAL" by counsel, experts, or consultants in the litigation shall not waive the
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"CONFIDENTIAL" designation or any objections to production. "CONFIDENTIAL" materials
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inadvertently produced by any party or nonparty through discovery in this action without having
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been designated as "CONFIDENTIAL" shall be subject to the provisions of this Order to the same
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extent as if the inadvertent disclosure had not occurred so long as there is reasonable notice to the
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other party of the inadvertent disclosure. If a producing party inadvertently discloses to a receiving
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party information that is privileged or otherwise immune from discovery, said producing party shall
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promptly, upon discovery of such disclosure, so advise the receiving party in writing and request that
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the item or items of information be returned. No party to this action shall thereafter assert that such
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disclosure waived any privilege or immunity. It is further agreed that the receiving party will return
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such inadvertently produced item or items of information and all copies thereof within fourteen (14)
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business days of receiving a written request for the return of such item or items of information from
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the producing party.
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20.
Non-Parties. Non-parties who are required to produce "CONFIDENTIAL" material
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in response to a subpoena, and who in good faith believe that such material contains confidential
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information, may rely on this Order and apply it to their production.
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21.
Responsibility of Attorneys. The attorneys of record are responsible for employing
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reasonable measures to control, consistent with this Order, the duplication of, access to, and
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distribution of copies of materials labeled "CONFIDENTIAL." Parties shall not duplicate any such
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materials except for working copies and for filing in court under seal. The attorneys of record
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further are responsible for employing reasonable measures to control, consistent with this Order, the
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dissemination or revelation of confidential information.
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STIPULATED AND AGREED:
AKERMAN LLP
Dated this 14th day of September, 2017.
Dated this 15th day of September, 2017.
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1160 TOWN CENTER DRIVE, SUITE 330
LAS VEGAS, NEVADA 89144
TEL.: (702) 634-5000 – FAX: (702) 380-8572
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LAW OFFICES OF KEVIN L.
HERNANDEZ
AKERMAN LLP
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/s/ Kevin L. Hernandez
KEVIN L. HERNANDEZ
Nevada Bar No. 12594
2510 Wigwam Parkway, Suite 206
Henderson, Nevada 89074
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Attorneys for Plaintiff Keith Castillo
/s/ Rex D. Garner
ARIEL E. STERN
Nevada Bar No. 8276
REX D. GARNER
Nevada Bar No. 9401
1160 Town Center Drive, Suite 330
Las Vegas, Nevada 89144
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Attorneys for Defendant Navient Solutions,
LLC
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ORDER
IT IS SO ORDERED.
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______________________________________
UNITED STATES DISTRICT JUDGE
MAGISTRATE JUDGE
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September 19, 2017
DATED:_______________________________
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EXHIBIT A
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ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND
type full address], declare under penalty of perjury that I have read in its entirety and understand the
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Stipulated Protective Order that was issued by the United States District Court for the District of
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Nevada on [date] in the case of Keith Castillo v. Navient Solutions, LLC, Case No. 2:17-cv-01723-
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RFB-CWH. I agree to comply with and to be bound by all the terms of this Stipulated Protective
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Order and I understand and acknowledge that failure to so comply could expose me to sanctions and
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punishment in the nature of contempt. I solemnly promise that I will not disclose in any manner any
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information or item that is subject to this Stipulated Protective Order to any person or entity except in
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AKERMAN LLP
I, _____________________ [print or type full name], of _____________________ [print or
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1160 TOWN CENTER DRIVE, SUITE 330
LAS VEGAS, NEVADA 89144
TEL.: (702) 634-5000 – FAX: (702) 380-8572
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strict compliance with the provisions of this Order. I further agree to submit to the jurisdiction of the
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United States District Court for the District of Nevada for the purpose of enforcing the terms of this
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Stipulated Protective Order, even if such enforcement proceedings occur after termination of this
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action. I hereby appoint _____________________ [print or type full name] of
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_____________________ [print or type full address and telephone number] as my Nevada agent for
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service of process in connection with this action or any proceedings related to enforcement of this
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Stipulated Protective Order.
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Date: _____________________
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City and State where sworn and signed: _____________________
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Printed Name: _____________________
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Signature: _____________________
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