Holleman v. Experian Information Solutions, Inc. et al

Filing 13

ORDER Granting 11 Stipulation re Protective Order. Signed by Magistrate Judge George Foley, Jr on 10/2/17. (Copies have been distributed pursuant to the NEF - MR)

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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 AARON HOLLEMAN, 18 Plaintiff, 19 [PROPOSED] STIPULATED PROTECTIVE ORDER vs. 20 21 22 23 24 25 Case No.: 2:17-cv-02090-APG-GWF EXPERIAN INFORMATION SOLUTIONS, INC., AND SELECT PORTFOLIO SERVICING, Defendant IT IS HEREBY STIPULATED by and between Plaintiff AARON HOLLEMAN (“Plaintiff”), and Defendant EXPERIAN INFORMATION SOLUTIONS, INC., (collectively, the 26 “Parties”), by and through their counsel of record, as follows: 27 28 [Proposed] Stipulated Protective Order - 1 1 WHEREAS, documents and information have been and may be sought, produced or 2 exhibited by and among the parties to this action relating to trade secrets, confidential research, 3 development, technology or other proprietary information belonging to the defendants and/or 4 5 6 7 personal income, credit and other confidential information of Plaintiff. THEREFORE, an Order of this Court protecting such confidential information shall be and hereby is made by this Court on the following terms: 8 9 10 11 12 1. This Order shall govern the use, handling and disclosure of all documents, testimony or information produced or given in this action which are designated to be subject to this Order in accordance with the terms hereof. 2. Any party or non-party producing or filing documents or other materials in this 13 action may designate such materials and the information contained therein subject to this Order by 14 typing or stamping on the front of the document, or on the portion(s) of the document for which 15 confidential treatment is designated, “Confidential.” 16 3. To the extent any motions, briefs, pleadings, deposition transcripts, or other papers 17 to be filed with the Court incorporate documents or information subject to this Order, the party 18 filing such papers shall designate such materials, or portions thereof, as “Confidential,” and shall 19 file them with the clerk under seal; provided, however, that a copy of such filing having the 20 confidential information deleted therefrom may be made part of the public record. Any party filing 21 any document under seal must comply with the requirements of Local Rules. 22 23 24 25 26 27 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 and Experian for any business, commercial or competitive purposes or for any purpose whatsoever other than solely for the preparation and trial of this action in accordance with the provisions of this Order. 28 [Proposed] Stipulated Protective Order - 2 1 5. Except with the prior written consent of the individual or entity designating a 2 document or portions of a document as “Confidential,” or pursuant to prior Order after notice, any 3 document, transcript or pleading given “Confidential” treatment under this Order, and any 4 information contained in, or derived from any such materials (including but not limited to, all 5 6 7 8 9 deposition testimony that refers, reflects or otherwise discusses any information designated confidential hereunder) may not be disclosed other than in accordance with this Order and may not be disclosed to any person other than: (a) the Court and its officers; (b) parties to this litigation; (c) counsel for the parties, whether retained counsel or in-house counsel and employees of counsel 10 assigned to assist such counsel in the preparation of this litigation; (d) fact witnesses subject to a 11 proffer to the Court or a stipulation of the parties that such witnesses need to know such 12 information; (e) present or former employees of the producing party in connection with their 13 depositions in this action (provided that no former employees shall be shown documents prepared 14 after the date of his or her departure; and (f) experts specifically retained as consultants or expert 15 witnesses in connection with this litigation. 16 6. Documents produced pursuant to this Order shall not be made available to any 17 person designated in Subparagraph 5(f) unless he or she shall have first read this Order, agreed to 18 be bound by its terms, and signed the attached Declaration of Compliance. 19 7. All persons receiving any or all documents produced pursuant to this Order shall 20 be advised of their confidential nature. All persons to whom confidential information and/or 21 documents are disclosed are hereby enjoined from disclosing same to any person except as 22 23 24 25 provided herein, and are further enjoined from using same except in the preparation for and trial of the above-captioned action between the named parties thereto. No person receiving or reviewing such confidential documents, information or transcript shall disseminate or disclose them to any person other than those described above in Paragraph 5 and for the purposes specified, 26 and in no event, shall such person make any other use of such document or transcript. 27 28 [Proposed] Stipulated Protective Order - 3 1 8. Nothing in this Order shall prevent a party from using at trial any information or 2 materials designated “Confidential.” 3 9. This Order has been agreed to by the parties to facilitate discovery and the 4 production of relevant evidence in this action. Neither the entry of this Order, nor the designation 5 6 7 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. 8 9 Within sixty (60) days after the final termination of this litigation, all documents, transcripts, or other materials afforded confidential treatment pursuant to this Order, including any 10 extracts, summaries or compilations taken therefrom, but excluding any materials which in the 11 good faith judgment of counsel are work product materials, shall be returned to the Producing 12 Party. 11. 13 In the event that any party to this litigation disagrees at any point in these 14 proceedings with any designation made under this Protective Order, the parties shall first try to 15 resolve such dispute in good faith on an informal basis. If the dispute cannot be resolved, the party 16 objecting to the designation may seek appropriate relief from this Court. During the pendency of 17 any challenge to the designation of a document or information, the designated document or 18 information shall continue to be treated as “Confidential” subject to the provisions of this 19 Protective Order. The designating party shall have the burden of proving that any document 20 designated as CONFIDENTIAL is entitled to such protection. 21 22 23 12. documents or to the information obtained or developed independently of documents, transcripts and materials afforded confidential treatment pursuant to this Order. 24 25 Nothing herein shall affect or restrict the rights of any party with respect to its own 13. 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. 26 27 /// 28 [Proposed] Stipulated Protective Order - 4 1 2 3 4 5 6 7 IT IS SO STIPULATED. Dated: September 29, 2017 /s/ Miles N. Clark Matthew I. Knepper, Esq. Nevada Bar No. 12796 Miles N. Clark, Esq. Nevada Bar No. 13848 KNEPPER & CLARK LLC Email: matthew.knepper@knepperclark.com Email: miles.clark@knepperclark.com /s/ Jennifer Braster Jennifer L. Braster, Esq. Nevada Bar No. 9982 Andrew J. Sharples, Esq. Nevada Bar No. 12866 NAYLOR & BRASTER Email: jbraster@naylorandbrasterlaw.com Email: asharples@naylorandbrasterlaw.com David H. Krieger, Esq. Nevada Bar No. 9086 HAINES & KRIEGER, LLC Email: dkrieger@hainesandkrieger.com Counsel for Experian Information Solutions, Inc. 8 9 10 11 12 Counsel for Plaintiff 13 ORDER 14 15 IT IS SO ORDERED. 16 Dated: 10/02/2017 _____ __________, UNITED STATES MAGISTRATE JUDGE 17 18 19 20 21 22 23 24 25 26 27 28 [Proposed] Stipulated Protective Order - 5

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