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)
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
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?