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)

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

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

/s/ Jennifer Braster
Jennifer L. Braster, Esq.
Nevada Bar No. 9982
Andrew J. Sharples, Esq.
Nevada Bar No. 12866
NAYLOR & BRASTER
Email: [e-mail]
Email: [e-mail]

David H. Krieger, Esq.
Nevada Bar No. 9086
HAINES & KRIEGER, LLC
Email: [e-mail]

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