Strahl v. Experian Information Solutions, Inc.

Filing 11

STIPULATED PROTECTIVE ORDER RE 10 Stipulation. Signed by Magistrate Judge Peggy A. Leen on 3/21/2018. (Copies have been distributed pursuant to the NEF - MMM)

Case 2:17-cv-02981-JAD-PAL Document 10 Filed 03/20/18 Page 1 of 9

1
2
3
4
5
6
7
8
9
10
11

Michael Kind, Esq. (SBN: 13903)
KAZEROUNI LAW GROUP, APC
6069 S. Fort Apache Rd., Ste. 100
Las Vegas, NV 89148
Phone: [phone] x7
Fax: [phone]
[e-mail]
David H. Krieger, Esq. (SBN: 9086)
HAINES & KRIEGER, LLC
8985 S. Eastern Avenue, Ste. 350
Henderson, NV 89123
Phone: [phone]
Fax: [phone]
Email: [e-mail]
Attorneys for Plaintiff Robert E. Strahl

12

UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

13
14
15
16
17
18
19

Robert E. Strahl,

Case No. 2:17-cv-02981-JAD-PAL

Plaintiff,

[PROPOSED] STIPULATED
PROTECTIVE ORDER

v.
Experian Information Solutions,
Inc.,
Defendant.

20
21
22
23
24
25
26
27

IT IS HEREBY STIPULATED by and between Plaintiff Robert E. Strahl
(“Plaintiff”) and Defendant Experian Information Solutions, Inc (“Defendant”)
(collectively as “the Parties”), by and through their counsel of record, as follows:

28
________________________________________________________________________________________________________

PROTECTIVE ORDER

1

CASE NO. 2:17-CV-02981-JAD-PAL

Case 2:17-cv-02981-JAD-PAL Document 10 Filed 03/20/18 Page 2 of 9

1

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

2

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

3

confidential research, development, technology or other proprietary information

4

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

5

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

6
7

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

8

1.

testimony or information produced or given in this action which are designated

9

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

10
11

This Order shall govern the use, handling and disclosure of all documents,

2.

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

12

action may designate such materials and the information contained therein

13

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

14

the portion(s) of the document for which confidential treatment is designated,

15

“Confidential.”

16

3.

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

17

papers to be filed with the Court incorporate documents or information subject

18

to this Order, the party filing such papers shall designate such materials, or

19

portions thereof, as “Confidential,” and shall file them with the clerk under seal;

20

provided, however, that a copy of such filing having the confidential

21

information deleted therefrom may be made part of the public record. Any party

22

filing any document under seal must comply with the requirements of Local

23

Rules.

24

4.

All documents, transcripts, or other materials subject to this Order, and all

25

information derived therefrom (including, but not limited to, all testimony,

26

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

27

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

28

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

PROTECTIVE ORDER

2

CASE NO. 2:17-CV-02981-JAD-PAL

Case 2:17-cv-02981-JAD-PAL Document 10 Filed 03/20/18 Page 3 of 9

1

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

2

in accordance with the provisions of this Order.

3

5.

All depositions or portions of depositions taken in this action that contain

4

confidential information may be designated as “Confidential” and thereby

5

obtain the protections accorded other confidential information. The parties shall

6

have twenty-one (21) days from the date a deposition is taken, or fourteen (14)

7

days from the date a deposition transcript is received, whichever date is greater,

8

to serve a notice to all parties designating portions as “Confidential.” Until such

9

time, all deposition testimony shall be treated as confidential information. To

10

the extent any designations are made on the record during the deposition, the

11

designating party need not serve a notice re-designating those portions of the

12

transcript as confidential information. Any party may challenge any such

13

designation in accordance with Paragraph 14 of this Order.

14

6.

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

15

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

16

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

17

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

18

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

19

refers, reflects or otherwise discusses any information designated confidential

20

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

21

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

22

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

23

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

24

the preparation of this litigation; (d) fact witnesses subject to a proffer to the

25

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

26

information; (e) present or former employees of the producing party in

27

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

28

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

PROTECTIVE ORDER

3

CASE NO. 2:17-CV-02981-JAD-PAL

Case 2:17-cv-02981-JAD-PAL Document 10 Filed 03/20/18 Page 4 of 9

1

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

2

witnesses in connection with this litigation.

3

7.

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

4

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

5

this Order, agreed to be bound by its terms, and signed the attached Declaration

6

of Compliance.

7

8.

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

8

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

9

Order by providing the parties with written notice that they intend to comply
with and be bound by the terms of this Protective Order.

10
11

9.

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

12

shall be advised of their confidential nature. All persons to whom confidential

13

information and/or documents are disclosed are hereby enjoined from

14

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

15

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

16

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

17

reviewing such confidential documents, information or transcript shall

18

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

19

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

20

make any other use of such document or transcript.

21

10.

or materials designated “Confidential.”

22
23

Nothing in this Order shall prevent a party from using at trial any information

11.

This Order has been agreed to by the parties to facilitate discovery and the

24

production of relevant evidence in this action. Neither the entry of this Order,

25

nor the designation of any information, document, or the like as “Confidential,”

26

nor the failure to make such designation, shall constitute evidence with respect

27

to any issue in this action.

28
________________________________________________________________________________________________________

PROTECTIVE ORDER

4

CASE NO. 2:17-CV-02981-JAD-PAL

Case 2:17-cv-02981-JAD-PAL Document 10 Filed 03/20/18 Page 5 of 9

1

12.

Inadvertent failure to designate any document, transcript, or other materials

2

“Confidential” will not constitute a waiver of an otherwise valid claim of

3

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

4

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

5

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

6

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

7

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

8

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

9

designated documents have been maintained as confidential information. The

10

designating party shall have the burden of proving that any document

11

designated as CONFIDENTIAL is entitled to such protection.

12

13.

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

13

documents, transcripts, or other materials afforded confidential treatment

14

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

15

therefrom, but excluding any materials which in the good faith judgment of

16

counsel are work product materials, shall be returned to the Producing Party.

17

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

18

practicable.

19

14.

If any party objects to any designation of any materials as “Confidential,” the

20

parties shall attempt in good faith to resolve such objection by agreement. If

21

the parties cannot resolve their objections by agreement, any the party objecting

22

to the designation may shall be free to seek the assistance of the Court. A party

23

shall have thirty (30) days from the time a “Confidential” designation is made

24

not be obligated to challenge the propriety of a Confidential the designation at

25

the time made, and a failure to do so shall not preclude a subsequent challenge

26

thereto. Until an objection has been resolved by agreement of counsel or by

27

order of the Court, the materials shall be treated as Confidential and subject to

28

this Order.
________________________________________________________________________________________________________

PROTECTIVE ORDER

5

CASE NO. 2:17-CV-02981-JAD-PAL

Case 2:17-cv-02981-JAD-PAL Document 10 Filed 03/20/18 Page 6 of 9

1

15.

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

2

own documents or to the information obtained or developed independently of

3

documents, transcripts and materials afforded confidential treatment pursuant

4

to this Order.

5

16.

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

6

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

7

IT IS SO STIPULATED.

8
9
10
11
12
13
14
15

DATED this 20th day of March 2018.
KAZEROUNI LAW GROUP, APC
By: /s/ Michael Kind
Michael Kind, Esq.
6069 S. Fort Apache Rd., Ste 100
Las Vegas, NV 89148
Attorneys for Plaintiff

16

SNELL & WILMER LLP

17

By: /s/ Charles E. Gianelloni
Charles E. Gianelloni, Esq.
Bob L. Olson, Esq.
3883 Howard Hughes Pkwy., Ste. 1100
Las Vegas, NV 89169
Attorneys for Defendant
Experian Information Solutions, Inc.

18
19
20
21
22

IT IS SO ORDERED:

23

______________________________________
UNITED STATES MAGISTRATE JUDGE

24
25

March 21, 2018
DATED:____________________________

26
27
28

________________________________________________________________________________________________________

PROTECTIVE ORDER

6

CASE NO. 2:17-CV-02981-JAD-PAL

Case 2:17-cv-02981-JAD-PAL Document 10 Filed 03/20/18 Page 7 of 9

1

EXHIBIT A

2

DECLARATION OF COMPLIANCE

3

I, _____________________________________, declare as follows:

4

1.

5
6
7
8
9
10
11
12
13
14
15
16

My address is ______________________________________

_____________________________________________________________.
2.

My present employer is _______________________________

_____________________________________________________________.
3.

My present occupation or job description is ________________

_____________________________________________________________.
4

I have received a copy of the Stipulated Protective Order entered

in this action on _______________, 20___.
5.

I have carefully read and understand the provisions of this

Stipulated Protective Order.
6.

I will comply with all provisions of this Stipulated Protective

Order.
7.

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

17

qualified under the Stipulated Protective Order, any information, documents

18

or other materials produced subject to this Stipulated Protective Order.

19

8.

I will use such information, documents or other materials

20

produced subject to this Stipulated Protective Order only for purposes of this

21

present action.

22

9.

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

23

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

24

Stipulated Protective Order, and all documents or things which I have

25

prepared relating to the information, documents or other materials that are

26

subject to the Stipulated Protective Order, to my counsel in this action, or to

27

counsel for the party by whom I am employed or retained or from whom I

28

received the documents.
________________________________________________________________________________________________________

PROTECTIVE ORDER

7

CASE NO. 2:17-CV-02981-JAD-PAL

Case 2:17-cv-02981-JAD-PAL Document 10 Filed 03/20/18 Page 8 of 9

1

10.

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

2

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

3

perjury under the laws of the United States that the following is true and correct.

4
5

Executed this ____ day of _____________, 2018 at __________________.

6
7

Signature:

Firm:

Name:

Address:

Position:

Phone:

8
9
10
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-02981-JAD-PAL