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)

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

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: [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
Email: [e-mail]
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: [e-mail]
Email: [e-mail]
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: [e-mail]
Email: [e-mail]
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: [e-mail]
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