Ninal v. Equifax Information Services, LLC et al

Filing 25

STIPULATED PROTECTIVE ORDER re 24 Stipulation re Protective Order. Signed by Magistrate Judge Carl W. Hoffman on 9/11/17. (Copies have been distributed pursuant to the NEF - MMM)

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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: (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 13 14 Attorneys for Plaintiff 15 UNITED STATES DISTRICT COURT 16 DISTRICT OF NEVADA 17 LEO C. NINAL, 18 19 Plaintiff, [PROPOSED] STIPULATED PROTECTIVE ORDER vs. 20 21 22 Case No.: 2:17-cv-01796-RFB-CWH EQUIFAX INFORMATION SERVICES, LLC; EXPERIAN INFORMATION SOLUTIONS, INC.; TRANS UNION LLC; and SELECT PORTFOLIO SERVICING, 23 Defendants. 24 25 26 IT IS HEREBY STIPULATED by and between Plaintiff LEO C. NINAL (“Plaintiff”), and Defendants EXPERIAN INFORMATION SOLUTIONS, INC.; TRANS UNION LLC; and 27 28 [Proposed] Stipulated Protective Order - 1 1 SELECT PORTFOLIO SERVICING, (collectively, the “Parties”), by and through their counsel 2 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 9 and 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 16 by typing or stamping on the front of the document, or on the portion(s) of the document for 17 18 19 20 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 21 shall 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 23 filing 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, Select [Proposed] Stipulated Protective Order - 2 1 Portfolio Servicing, Trans Union, and Experian for any business, commercial or competitive 2 purposes or for any purpose whatsoever other than solely for the preparation and trial of this 3 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 12 litigation; (c) counsel for the parties, whether retained counsel or in-house counsel and 13 employees of counsel assigned to assist such counsel in the preparation of this litigation; (d) fact 14 witnesses subject to a proffer to the Court or a stipulation of the parties that such witnesses need 15 to know such information; (e) present or former employees of the producing party in connection 16 with their depositions in this action (provided that no former employees shall be shown 17 documents prepared after the date of his or her departure; and (f) experts specifically retained as 18 consultants or expert 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 2 specified, 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 6 7 8 9 10 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. 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 12 any extracts, summaries or compilations taken therefrom, shall be destroyed or returned to the 13 Producing Party. 14 11. In the event that any party to this litigation disagrees at any point in these 15 proceedings with any designation made under this Protective Order, the parties shall first try to 16 resolve such dispute in good faith on an informal basis. If the dispute cannot be resolved, the 17 party objecting to the designation may seek appropriate relief from this Court. During the 18 pendency of any challenge to the designation of a document or information, the designated 19 document or information shall continue to be treated as “Confidential” subject to the provisions 20 of this Protective Order. The designating party shall have the burden of proving that any 21 document designated as CONFIDENTIAL is entitled to such protection. 22 23 24 25 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. 13. Inadvertent failure to designate any document, transcript, or other materials 26 “Confidential” will not constitute a waiver of an otherwise valid claim of confidentiality pursuant to 27 this Order, so long as a claim of confidentiality is asserted within three (3) judicial days after 28 [Proposed] Stipulated Protective Order - 4 1 discovery of the inadvertent failure. If a party designates a document as “Confidential” after it was 2 initially produced, the receiving party, on notification of the designation, must make a reasonable 3 effort to assure that the document is treated in accordance with the provisions of this Order, and upon 4 request from the producing party certify that the designated documents have been maintained as 5 6 7 8 9 confidential information. 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 September 8, 2017 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 /s/ Matthew I. Knepper 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 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 Email: dkrieger@hainesandkrieger.com Counsel for Plaintiff /s/ Regina A. Habermas Regina A. Habermas, Esq. Nevada State Bar No. 8481 WRIGHT, FINLAY & ZAK, LLP 7785 W. Sahara Ave., Suite 200 Las Vegas, NV 89117 Email: dnitz@wrightlegal.net Email: rhabermas@wrightlegal.net Counsel for Select Portfolio Servicing 28 [Proposed] Stipulated Protective Order - 5 /s/ Jennifer L. Braster Jennifer L Braster, Esq. Nevada State Bar No. 9982 Andrew J Sharples, Esq. Nevada State Bar No. 12866 NAYLOR & BRASTER 1050 Indigo Drive, Suite 200 Las Vegas, NV 89145 Email: jbraster@naylorandbrasterlaw.com Email: asharples@naylorandbrasterlaw.com Counsel for Experian Information Solutions, Inc. /s/ Jason Revzin Jason Revzin, Esq. Nevada State Bar No. 8629 Lewis Brisbois Bisgaard & Smith 6385 S. Rainbow Blvd., Suite 600 Las Vegas, NV 89118 Email: jason.revzin@lewisbrisbois.com Counsel for Trans Union LLC 1 Leo C. Ninal v. Equifax Information Services, LLC et al 2:17-cv-01796-RFB-CWH 2 3 PROTECTIVE ORDER 4 5 6 7 IT IS SO ORDERED. September _____ Dated: __________, 11, 2017 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 - 6 UNITED STATES MAGISTRATE JUDGE 1 EXHIBIT A 2 DECLARATION OF COMPLIANCE 3 (Leo Ninal v. Equifax Information Services, LLC et al; 2:17-cv-01796-RFB-CWH) 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 22 23 24 25 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 26 Stipulated Protective Order in this action. 27 28 [Proposed] Stipulated Protective Order - 7 1 /// 2 I declare under penalty of perjury under the laws of the United States that the following is 3 true and correct. 4 Executed this ____ day of _____________, 2017 at __________________. 5 6 _______________________________ QUALIFIED PERSON 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 - 8

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