Chavarria v. One Nevada Credit Union et al

Filing 20

ORDER Granting 19 Amended Stipulation re: Protective Order. Signed by Magistrate Judge George Foley, Jr on 9/26/17. (Copies have been distributed pursuant to the NEF - MR)

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1 2 3 4 5 6 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 7 8 9 10 11 12 13 14 15 16 17 18 Sean N. Payne, Esq. Nevada Bar No. 13216 PAYNE LAW FIRM LLC 9550 S. Eastern Ave., Suite 253-A213 Las Vegas, NV 89123 Phone: (702) 952-2733 FAX: (702) 462-7227 Email: seanpayne@spaynelaw.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 Attorneys for Plaintiff UNITED STATES DISTRICT COURT DISTRICT OF NEVADA 19 20 NORMA CHAVARRIA, 21 22 23 24 25 26 27 28 Plaintiff, v. ONE NEVADA CREDIT UNION; EQUIFAX INFORMATIONS SERVICES, LLC; EXPERIAN INFORMATION SOLUTIONS, INC; TRANS UNION, LLC, Defendants. : : Case No. 2:17-cv-01925-APG-GWF : : : : [PROPOSED] AMENDED STIPULATED : PROTECTIVE ORDER : : : : 1 IT IS HEREBY STIPULATED by and between Plaintiff Norma Chavarria and Defendants 2 One Nevada Credit Union (“ONCU”), Equifax Information Services, LLC (“Equifax”) 1, Experian 3 Information Solutions, Inc (“Experian”), and Trans Union LLC (“TransUnion”) (collectively, “the 4 Parties”) through their respective attorneys of record as follows: 5 WHEREAS, documents and information have been and may be sought, produced or 6 exhibited by and among the parties to this action relating to trade secrets, confidential research, 7 development, technology or other proprietary information belonging to the defendants and/or 8 personal income, credit and other confidential information of Plaintiff. 9 10 11 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, 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 which confidential treatment is designated, “Confidential.” 18 3. To the extent any motions, briefs, pleadings, deposition transcripts, or other 19 papers to be filed with the Court incorporate documents or information subject to this Order, the 20 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 4. All documents, transcripts, or other materials subject to this Order, and all 25 26 27 1 The dispute between Plaintiff and Defendant Equifax Information Services, LLC (“Equifax”) has been resolved on an individual basis. See Notice of Settlement (ECF No. 11). As such, no further participation by Equifax is anticipated in this litigation. Nonetheless, a copy of this stipulated protective order was sent to Equifax’s counsel for review. 28 2 of 7 1 information derived therefrom (including, but not limited to, all testimony, deposition, or 2 otherwise, that refers, reflects or otherwise discusses any information designated Confidential 3 hereunder), shall not be used, directly or indirectly, by any person, including Plaintiff, ONCU, 4 Equifax, Experian, and TransUnion, for any business, commercial or competitive purposes, or 5 for any purpose whatsoever other than solely for the preparation and trial of this action in 6 accordance with the provisions of this Order. 7 5. Except with the prior written consent of the individual or entity designating a 8 document or portions of a document as “Confidential,” or pursuant to prior Order after notice, 9 any document, transcript or pleading given “Confidential” treatment under this Order, and any 10 information contained in, or derived from any such materials (including but not limited to, all 11 deposition testimony that refers, reflects or otherwise discusses any information designated 12 confidential hereunder) may not be disclosed other than in accordance with this Order and may 13 not be disclosed to any person other than: (a) the Court and its officers; (b) parties to this 14 litigation; (c) counsel for the parties, whether retained counsel or in-house counsel and 15 employees of counsel assigned to assist such counsel in the preparation of this litigation; (d) fact 16 witnesses subject to a proffer to the Court or a stipulation of the parties that such witnesses need 17 to know such information; (e) present or former employees of the producing party in connection 18 with their depositions in this action (provided that no former employees shall be shown 19 documents prepared after the date of his or her departure); and (f) experts specifically retained as 20 consultants or expert witnesses in connection with this litigation. 21 6. Documents produced pursuant to this Order shall not be made available to any 22 person designated in Subparagraph 5(f) unless he or she shall have first read this Order, agreed to 23 be bound by its terms, and signed the attached Declaration of Compliance. 24 7. All persons receiving any or all documents produced pursuant to this Order shall 25 be advised of their confidential nature. All persons to whom confidential information and/or 26 documents are disclosed are hereby enjoined from disclosing same to any person except as 27 provided herein, and are further enjoined from using same except in the preparation for and trial 28 3 of 7 1 of the above-captioned action between the named parties thereto. No person receiving or 2 reviewing such confidential documents, information or transcript shall disseminate or disclose 3 them to any person other than those described above in Paragraph 5 and for the purposes 4 specified, and in no event shall such person make any other use of such document or transcript. 5 6 8. Nothing in this Order shall prevent a party from using at trial any information or materials designated “Confidential.” 7 9. This Order has been agreed to by the parties to facilitate discovery and the 8 production of relevant evidence in this action. Neither the entry of this Order, nor the 9 designation of any information, document, or the like as “Confidential,” nor the failure to make 10 such designation, shall constitute evidence with respect to any issue in this action. 11 10. Within sixty (60) days after the final termination of this litigation, all documents, 12 transcripts, or other materials afforded confidential treatment pursuant to this Order, including 13 any extracts, summaries or compilations taken therefrom, but excluding any materials which in 14 the good faith judgment of counsel are work product materials, shall be returned to the Producing 15 Party. 16 11. In the event that any party to this litigation disagrees at any point in these 17 proceedings with any designation made under this Protective Order, the parties shall first try to 18 resolve such dispute in good faith on an informal basis. If the dispute cannot be resolved, the 19 party objecting to the designation may seek appropriate relief from this Court. During the 20 pendency of any challenge to the designation of a document or information, the designated 21 document or information shall continue to be treated as “Confidential” subject to the provisions 22 of this Protective Order. 23 12. Nothing herein shall affect or restrict the rights of any party with respect to its 24 own documents or to the information obtained or developed independently of documents, 25 transcripts and materials afforded confidential treatment pursuant to this Order. 26 27 13. The designating party shall have the burden of proving that any document designated as CONFIDENTIAL is entitled to such protection. 28 4 of 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 14. 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 5, 2017 /s/ Sean N. Payne Sean N. Payne, Esq. Nevada Bar No. 13216 PAYNE LAW FIRM LLC 9550 S. Eastern Ave., Suite 253-A213 Las Vegas, NV 89123 /s/ Jennifer Braster Jennifer L Braster, Esq. Nevada Bar No. 9982 NAYLOR & BRASTER 1050 Indigo Drive, Suite 200 Las Vegas, NV 89145 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 Attorneys for Defendant Experian Information Solutions, Inc. David H. Krieger, Esq. Nevada Bar No. 9086 HAINES & KRIEGER, LLC 8985 S. Eastern Avenue, Suite 350 Henderson, Nevada 89123 Attorneys for Plaintiff /s/ James E. Whitmire James E. Whitmire, Esq. Nevada Bar No. 6533 SANTORO WHITMIRE 10100 W. Charleston Blvd., Suite 250 Las Vegas, NV 89135 /s/ Jason G. Revzin Jason G. Revzin Nevada Bar No. 8629 LEWIS BRISBOIS BISGAARD & SMITH LLP 6385 South Rainbow Blvd., Suite 600 Las Vegas, NV 89118 Attorneys for Defendant One Nevada Credit Union Attorneys for Defendant Trans Union LLC 22 23 24 25 ORDER IT IS SO ORDERED. September _____ Dated: __________, 26, 2017 UNITED STATES MAGISTRATE JUDGE 26 27 28 5 of 7 1 EXHIBIT A 2 DECLARATION OF COMPLIANCE 3 4 Norma Chavarria v. One Nevada Credit Union, et al. United States District Court, District of Nevada Case No. 2:17-cv-01925-APG-GWF 5 I, _____________________________________, declare as follows: 6 1. My address is ________________________________________________. 7 2. My present employer is ________________________________________. 8 3. My present occupation or job description is _________________________. 9 4 I have received a copy of the Stipulated Protective Order entered in this action on 10 _______________, 20___. 11 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 12 Order. 15 Stipulated Protective Order, any information, documents or other materials produced subject to 16 this Stipulated Protective Order. 17 18 8. I will use such information, documents or other materials produced subject to this Stipulated Protective Order only for purposes of this present action. 19 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 materials that are subject to the Stipulated Protective Order, to my counsel in this action, or to 23 counsel for the party by whom I am employed or retained or from whom I received the documents. 24 10. I hereby submit to the jurisdiction of this Court for the purposes of enforcing the 25 Stipulated Protective Order in this action. 26 // 27 28 6 of 7 1 2 3 I declare under penalty of perjury under the laws of the United States that the following is true and correct. Executed this ____ day of _____________, 2017 at __________________. 4 _______________________________ QUALIFIED PERSON 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 7 of 7

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