Ramirez v. Commonwealth Financial Systems, Inc. et al

Filing 23

PROTECTIVE ORDER. Signed by Magistrate Judge Cam Ferenbach on 3/16/2018. (Copies have been distributed pursuant to the NEF - SLD)

1
2
3
4
5
6
7
8
9
10
KAZEROUNI LAW GROUP, APC
6069 S. Fort Apache Rd., Ste. 100
Las Vegas, NV 89148

11

Michael Kind, Esq.
Nevada Bar No. 13903
KAZEROUNI LAW GROUP, APC
6069 S. Fort Apache Rd., Ste 100
Las Vegas, NV 89148
Phone: [phone] x7
[e-mail]
David H. Krieger, Esq. (SBN: 9086)
HAINES & KRIEGER, LLC
8985 S. Eastern Avenue, Suit 350
Henderson, NV 89123
Phone: [phone]
FAX: [phone]
[e-mail]
Attorneys for Plaintiff Estela Ramirez

12
13
14

UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

15
16
17

Estela Ramirez,

18

Case No. 2:17-cv-02734-APG-VCF
[PROPOSED] STIPULATED
PROTECTIVE ORDER

Plaintiff,

19

v.

20

Commonwealth Financial
Systems, Inc., Citigroup, Inc. dba
Citi and Equifax Information
Services LLC,

21
22
23

Defendants.

24
25
26
27
28

________________________________________________________________________________________________________

PROTECTIVE ORDER

!1

CASE NO.: 2:17-cv-02734-APG-VCF

1

IT IS HEREBY STIPULATED by and between Plaintiff Estela Ramirez

2

(“Plaintiff”) and Equifax Information Services LLC (jointly as the “Parties”), by

3

and through their counsel of record, as follows:

4

WHEREAS, documents and information have been and may be sought,

5

produced or exhibited by and among the parties to this action relating to trade

6

secrets, confidential research, development, technology or other proprietary

7

information belonging to the defendants and/or personal income, credit and other

8

confidential information of Plaintiff.
THEREFORE, an Order of this Court protecting such confidential

9

information shall be and hereby is made by this Court on the following terms:

11
KAZEROUNI LAW GROUP, APC
6069 S. Fort Apache Rd., Ste. 100
Las Vegas, NV 89148

10

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

13

designated to be subject to this Order in accordance with the terms hereof.

14

2.

Any party or non-party producing or filing documents or other materials in

15

this action may designate such materials and the information contained

16

therein subject to this Order by typing or stamping on the front of the

17

document, or on the portion(s) of the document for which confidential

18

treatment is designated, “Confidential.”

19

3.

To the extent any motions, briefs, pleadings, deposition transcripts, or other

20

papers to be filed with the Court incorporate documents or information

21

subject to this Order, the party filing such papers shall designate such

22

materials, or portions thereof, as “Confidential,” and shall file them with the

23

clerk under seal; provided, however, that a copy of such filing having the

24

confidential information deleted therefrom may be made part of the public

25

record.

26

requirements of Local Rules.

27
28

4.

Any party filing any document under seal must comply with the

All documents, transcripts, or other materials subject to this Order, and all
information derived therefrom (including, but not limited to, all testimony,

________________________________________________________________________________________________________

PROTECTIVE ORDER

!2

CASE NO.: 2:17-cv-02734-APG-VCF

1

deposition, or otherwise, that refers, reflects or otherwise discusses any

2

information designated Confidential hereunder), shall not be used, directly or

3

indirectly, by any Party, commercial or competitive purposes or for any

4

purpose whatsoever other than solely for the preparation and trial of this

5

action in accordance with the provisions of this Order.

6

5.

All depositions or portions of depositions taken in this action that contain
confidential information may be designated as “Confidential” and thereby

8

obtain the protections accorded other confidential information. The parties

9

shall have twenty-one (21) days from the date a deposition is taken, or

10

fourteen (14) days from the date a deposition transcript is received, whichever

11
KAZEROUNI LAW GROUP, APC
6069 S. Fort Apache Rd., Ste. 100
Las Vegas, NV 89148

7

date is greater, to serve a notice to all parties designating portions as

12

“Confidential.” Until such time, all deposition testimony shall be treated as

13

confidential information. To the extent any designations are made on the

14

record during the deposition, the designating party need not serve a notice re-

15

designating those portions of the transcript as confidential information. Any

16

party may challenge any such designation in accordance with Paragraph 14 of

17

this Order.

18

6.

Except with the prior written consent of the individual or entity designating a

19

document or portions of a document as “Confidential,” or pursuant to prior

20

Order after notice, any document, transcript or pleading given “Confidential”

21

treatment under this Order, and any information contained in, or derived from

22

any such materials (including but not limited to, all deposition testimony that

23

refers, reflects or otherwise discusses any information designated confidential

24

hereunder) may not be disclosed other than in accordance with this Order and

25

may not be disclosed to any person other than: (a) the Court and its officers;

26

(b) parties to this litigation; (c) counsel for the parties, whether retained

27

counsel or in-house counsel and employees of counsel assigned to assist such

28

counsel in the preparation of this litigation; (d) fact witnesses subject to a
________________________________________________________________________________________________________

PROTECTIVE ORDER

!3

CASE NO.: 2:17-cv-02734-APG-VCF

1

proffer to the Court or a stipulation of the parties that such witnesses need to

2

know such information; (e) present or former employees of the producing

3

party in connection with their depositions in this action (provided that no

4

former employees shall be shown documents prepared after the date of his or

5

her departure); and (f) experts specifically retained as consultants or expert

6

witnesses in connection with this litigation.

7

7.

Documents produced pursuant to this Order shall not be made available to

8

any person designated in Subparagraph 6 (f) unless he or she shall have first

9

read this Order, agreed to be bound by its terms, and signed the attached
Declaration of Compliance.

10
KAZEROUNI LAW GROUP, APC
6069 S. Fort Apache Rd., Ste. 100
Las Vegas, NV 89148

11

8.

Third parties who are the subject of discovery requests, subpoenas or

12

depositions in this case may take advantage of the provisions of this

13

Protective Order by providing the parties with written notice that they intend

14

to comply with and be bound by the terms of this Protective Order.

15

9.

All persons receiving any or all documents produced pursuant to this Order

16

shall be advised of their confidential nature.

17

confidential information and/or documents are disclosed are hereby enjoined

18

from disclosing same to any person except as provided herein, and are further

19

enjoined from using same except in the preparation for and trial of the above-

20

captioned action between the named parties thereto. No person receiving or

21

reviewing such confidential documents, information or transcript shall

22

disseminate or disclose them to any person other than those described above

23

in Paragraph 6 and for the purposes specified, and in no event, shall such

24

person make any other use of such document or transcript.

25

10.

28

Nothing in this Order shall prevent a party from using at trial any information
or materials designated “Confidential.”

26
27

All persons to whom

11.

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,

________________________________________________________________________________________________________

PROTECTIVE ORDER

!4

CASE NO.: 2:17-cv-02734-APG-VCF

1

nor the designation of any information, document, or the like as

2

“Confidential,” nor the failure to make such designation, shall constitute

3

evidence with respect to any issue in this action.

4

12.

Inadvertent failure to designate any document, transcript, or other materials
“Confidential” will not constitute a waiver of an otherwise valid claim of

6

confidentiality pursuant to this Order, so long as a claim of confidentiality is

7

promptly asserted after discovery of the inadvertent failure. If a party

8

designates a document as “Confidential” after it was initially produced, the

9

receiving party, on notification of the designation, must make a reasonable

10

effort to assure that the document is treated in accordance with the provisions

11
KAZEROUNI LAW GROUP, APC
6069 S. Fort Apache Rd., Ste. 100
Las Vegas, NV 89148

5

of this Order, and upon request from the producing party certify that the

12

designated documents have been maintained as confidential information. The

13

designating party shall have the burden of proving that any document

14

designated as CONFIDENTIAL is entitled to such protection.

15

13.

Within sixty (60) days after the final termination of this litigation, all

16

documents, transcripts, or other materials afforded confidential treatment

17

pursuant to this Order, including any extracts, summaries or compilations

18

taken therefrom, but excluding any materials which in the good faith

19

judgment of counsel are work product materials, shall be returned to the

20

Producing Party.

21

documents, to the extent practicable.

22

14.

In lieu of return, the parties may agree to destroy the

In the event that any party to this litigation disagrees at any point in these

23

proceedings with any designation made under this Protective Order, the

24

parties shall first try to resolve such dispute in good faith on an informal

25

basis. If the dispute cannot be resolved, the party objecting to the designation

26

may seek appropriate relief from this Court. During the pendency of any

27

challenge to the designation of a document or information, the designated

28
________________________________________________________________________________________________________

PROTECTIVE ORDER

!5

CASE NO.: 2:17-cv-02734-APG-VCF

1

document or information shall continue to be treated as “Confidential” subject

2

to the provisions of this Protective Order.

3

15.

Nothing herein shall affect or restrict the rights of any party with respect to its

4

own documents or to the information obtained or developed independently of

5

documents, transcripts and materials afforded confidential treatment pursuant

6

to this Order.

7

16.

The Court retains the right to allow disclosure of any subject covered by this

8

stipulation or to modify this stipulation at any time in the interest of justice.

9

IT IS SO STIPULATED.

10

DATED this 15th day of March 2018.

KAZEROUNI LAW GROUP, APC
6069 S. Fort Apache Rd., Ste. 100
Las Vegas, NV 89148

11
12

KAZEROUNI LAW GROUP, APC

SNELL & WILMER LLP

13

By: /s/ Michael Kind
Michael Kind, Esq.
6069 S. Fort Apache Rd., Ste 100
Las Vegas, NV 89148
Attorneys for Plaintiff

By: /s/
Bradley T. Austin, Esq. 
3883 Howard Hughes Pkwy., St 1100
Las Vegas, NV 89169 
Attorneys for Defendant
Equifax Information Services LLC

14
15
16
17
18
19

IT IS SO ORDERED:

20

______________________________________
UNITED STATES MAGISTRATE JUDGE

21
22

3-16-2018

DATED:____________________________


23
24
25
26
27
28

________________________________________________________________________________________________________

PROTECTIVE ORDER

!6

CASE NO.: 2:17-cv-02734-APG-VCF

1

EXHIBIT A

2

DECLARATION OF COMPLIANCE

3

I, _____________________________________, declare as follows:

4

1.

My address is ______________________________.

5

2.

My present employer is ________________________________________.

6

3.

My present occupation or job description is _____________________.

7

4

I have received a copy of the Stipulated Protective Order entered in this

8

action on _______________, 20___.
5.

10

Protective Order.

11
KAZEROUNI LAW GROUP, APC
6069 S. Fort Apache Rd., Ste. 100
Las Vegas, NV 89148

9

6.

I will comply with all provisions of this Stipulated Protective Order.

12

7.

I will hold in confidence, and will not disclose to anyone not qualified

I have carefully read and understand the provisions of this Stipulated

13

under the Stipulated Protective Order, any information, documents or other materials

14

produced subject to this Stipulated Protective Order.

15
16

8.

I will use such information, documents or other materials produced subject

to this Stipulated Protective Order only for purposes of this present action.

17

9.

Upon termination of this action, or upon request, I will return and deliver

18

all information, documents or other materials produced subject to this Stipulated

19

Protective Order, and all documents or things which I have prepared relating to the

20

information, documents or other materials that are subject to the Stipulated Protective

21

Order, to my counsel in this action, or to counsel for the party by whom I am employed

22

or retained or from whom I received the documents.

23

///

24

///

25

///

26

///

27

///

28

///
________________________________________________________________________________________________________

PROTECTIVE ORDER

!7

CASE NO.: 2:17-cv-02734-APG-VCF

1

10.

I hereby submit to the jurisdiction of this Court for the purposes of enforcing the

2

Stipulated Protective Order in this action. I declare under penalty of perjury under the laws of the

3

United States that the following is true and correct.

4

Executed this ____ day of _____________, 2018 at __________________.


5

Signature:

Firm:

6

Name:

Address:

7

Position:

Phone:

8
9
10
KAZEROUNI LAW GROUP, APC
6069 S. Fort Apache Rd., Ste. 100
Las Vegas, NV 89148

11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
________________________________________________________________________________________________________

PROTECTIVE ORDER

!8

CASE NO.: 2:17-cv-02734-APG-VCF

CERTIFICATE OF SERVICE

1
2
3

I HEREBY CERTIFY that on March 15 2018, the foregoing Stipulated
Protective Order was served via CM/ECF to all parties appearing in this case.

4
KAZEROUNI LAW GROUP, APC

5
6

By: /s/ Michael Kind
Michael Kind, Esq.
6069 S. Fort Apache Rd., Ste. 100
Las Vegas, NV 89148

7
8
9
10
KAZEROUNI LAW GROUP, APC
6069 S. Fort Apache Rd., Ste. 100
Las Vegas, NV 89148

11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
________________________________________________________________________________________________________

PROTECTIVE ORDER

!9

CASE NO.: 2:17-cv-02734-APG-VCF