Zorsch v. Equifax Information Services, LLC et al

Filing 28

STIPULATED PROTECTIVE ORDER re 24 Stipulation for Protective Order. Signed by Magistrate Judge Nancy J. Koppe on 4/9/2018. (Copies have been distributed pursuant to the NEF - MMM)

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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]

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Attorneys for Plaintiff

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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SYLVIA ZORSCH,

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Plaintiff,
[PROPOSED] STIPULATED
PROTECTIVE ORDER

vs.

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Case No.: 2:17-cv-03121-APG-NJK

EQUIFAX INFORMATION SERVICES, LLC;
MORTGAGE SERVICE CENTER; SILVER
STATE SCHOOLS CREDIT UNION; and
TOYOTA FINANCIAL SERVICES,

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Defendants.
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IT IS HEREBY STIPULATED by and between Plaintiff SYLVIA ZORSCH (“Plaintiff”)
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and Defendant SILVER STATE SCHOOLS CREDIT UNION (“SSSCU”) (collectively, the
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[PROPOSED] STIPULATED PROTECTIVE ORDER - 1

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“Parties”) 1, by and through their counsel of record, as follows:

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WHEREAS, documents and information have been and may be sought, produced or
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exhibited by and among the parties to this action relating to trade secrets, confidential research,
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development, technology or other proprietary information belonging to the defendants and/or
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personal income, credit and other confidential information of Plaintiff.
THEREFORE, an Order of this Court protecting such confidential information shall be and

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hereby is made by this Court on the following terms:
1.

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

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testimony or information produced or given in this action which are designated to be subject to

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this Order in accordance with the terms hereof.
2.

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

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action may designate such materials and the information contained therein subject to this Order by

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typing or stampingSeethe front of the concurrently herewith.
on order issued document, or on the portion(s) of the document for which

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confidential treatment is designated, “Confidential.”
3.

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

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to be filed with the Court incorporate documents or information subject to this Order, the party

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filing such papers shall designate such materials, or portions thereof, as “Confidential,” and shall

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

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

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any document under seal must comply with the requirements of Local Rules.

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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

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Plaintiff has settled their claims against Equifax Information Services, LLC. Toyota Financial Services and
Mortgage Service Center have not yet appeared in this action.
[PROPOSED] STIPULATED PROTECTIVE ORDER - 2

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hereunder), shall not be used, directly or indirectly, by any person, including Plaintiff and SSSCU,

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commercial or competitive purposes or for any purpose whatsoever other than solely for the
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preparation and trial of this action in accordance with the provisions of this Order.
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5.

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

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confidential information may be designated as “Confidential” and thereby obtain the protections
accorded other confidential information. The parties shall have twenty-one (21) days from the date
a deposition is taken, or fourteen (14) days from the date a deposition transcript is received,
whichever date is greater, to serve a notice to all parties designating portions as “Confidential.”

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Until such time, all deposition testimony shall be treated as confidential information. To the extent

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any designations are made on the record during the deposition, the designating party need not serve

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a notice re-designating those portions of the transcript as confidential information. Any party may

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challenge any such designation in accordance with Paragraph 14 of this Order.

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6.

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

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document or portions of a document as “Confidential,” or pursuant to prior Order after notice, any

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document, transcript or pleading given “Confidential” treatment under this Order, and any

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information contained in, or derived from any such materials (including but not limited to, all

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deposition testimony that refers, reflects or otherwise discusses any information designated

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

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

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(c) counsel for the parties, whether retained counsel or in-house counsel and employees of counsel

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assigned to assist such counsel in the preparation of this litigation; (d) fact witnesses subject to a
proffer to the Court or a stipulation of the parties that such witnesses need to know such
information; (e) present or former employees of the producing party in connection with their
depositions in this action (provided that no former employees shall be shown documents prepared

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after the date of his or her departure); and (f) experts specifically retained as consultants or expert
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witnesses in connection with this litigation.
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[PROPOSED] STIPULATED PROTECTIVE ORDER - 3

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7.

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

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person designated in Subparagraph 6 (f) unless he or she shall have first read this Order, agreed to
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be bound by its terms, and signed the attached Declaration of Compliance.
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8.

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

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in this case may take advantage of the provisions of this Protective Order by providing the parties
with written notice that they intend to comply with and be bound by the terms of this Protective
Order.
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All persons receiving any or all documents produced pursuant to this Order shall

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be advised of their confidential nature. All persons to whom confidential information and/or

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documents are disclosed are hereby enjoined from disclosing same to any person except as

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provided herein, and are further enjoined from using same except in the preparation for and trial

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of the above-captioned action between the named parties thereto.

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reviewing such confidential documents, information or transcript shall disseminate or disclose

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them to any person other than those described above in Paragraph 6 and for the purposes specified,

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and in no event, shall such person make any other use of such document or transcript.

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10.

No person receiving or

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

materials designated “Confidential.”
11.

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

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production of relevant evidence in this action. Neither the entry of this Order, nor the designation

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of any information, document, or the like as “Confidential,” nor the failure to make such

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designation, shall constitute evidence with respect to any issue in this action.
12.

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

“Confidential” will not constitute a waiver of an otherwise valid claim of confidentiality pursuant
to this Order, so long as a claim of confidentiality is promptly asserted after discovery of the

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inadvertent failure. If a party designates a document as “Confidential” after it was initially
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produced, the receiving party, on notification of the designation, must make a reasonable effort to
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[PROPOSED] STIPULATED PROTECTIVE ORDER - 4

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assure that the document is treated in accordance with the provisions of this Order, and upon

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request from the producing party certify that the designated documents have been maintained as
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confidential information.
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13.

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

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parties shall attempt in good faith to resolve such objection by agreement. If the parties cannot
resolve their objections by agreement, any party shall be free to seek the assistance of the Court.
A party shall not be obligated to challenge the propriety of a Confidential designation at the time
made, and a failure to do so shall not preclude a subsequent challenge thereto. Until an objection

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has been resolved by agreement of counsel or by order of the Court, the materials shall be treated

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as Confidential and subject to this Order. The Court may find material to be improperly designated

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if it: (a) is already public knowledge or otherwise in the public domain; (b) has become public

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knowledge or enters the public domain other than as a result of a disclosure in violation of this

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Order; (c) is acquired by the non-producing party from a non-party lawfully possessing such

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documents or information; or (d) was lawfully possessed by the non-producing party before

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discovery in this action.

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14.

The designating party shall have herewith. of proving that any document
See order issued concurrently the burden

designated as CONFIDENTIAL is entitled to such protection. If the sole ground for a motion
to seal is that the opposing party (or non-party) has designated a document as subject to protection

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pursuant to the stipulated protective order, the movant must notify the opposing party (or non21

party) at least five judicial days prior to filing the designated document. The designating party
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must then make a good faith determination if the relevant standard for sealing is met. To the extent
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the designating party does not believe the relevant standard for sealing can be met, it shall indicate
that the document may be filed publicly no later than four judicial days after receiving notice of
the intended filing. To the extent the designating party believes the relevant standard for sealing
can be met, it shall provide a declaration supporting that assertion no later than four judicial days
after receiving notice of the intended filing. The filing party shall then attach that declaration to its
[PROPOSED] STIPULATED PROTECTIVE ORDER - 5

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motion to seal the designated material. If the designating party fails to provide such a declaration

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in support of the motion to seal, the filing party shall file a motion to seal so indicating and the
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Court may order the document filed in the public record. In the event of an emergency motion,
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these procedures shall not apply.
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15.

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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
extracts, summaries or compilations taken therefrom, but excluding any materials which in the
good faith judgment of counsel are work product materials, shall be returned to the Producing
Party. In lieu of return, the parties may agree to destroy the documents, to the extent practicable.
16.

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

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proceedings with any designation made under this Protective Order, the parties shall first try to

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resolve such dispute in good faith on an informal basis. If the dispute cannot be resolved, the party

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objecting to the designation may seek appropriate relief from this Court. During the pendency of

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

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information shall continue to be treated as “Confidential” subject to the provisions of this

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Protective Order.

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17.

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

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documents or to the information obtained or developed independently of documents, transcripts

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and materials afforded confidential treatment pursuant to this Order.

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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

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[PROPOSED] STIPULATED PROTECTIVE ORDER - 6

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IT IS SO STIPULATED.
Dated April 6, 2018

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/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]

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

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/s/ Ramir M. Hernandez
Dana Jonathon Nitz, Esq.
Nevada Bar No. 11731
Ramir M. Hernandez, Esq.
Nevada Bar No. 13146
Wright, Finlay & Zak, LLP
7785 W. Sahara Ave., Suite 200
Las Vegas, NV 89117
Email: [e-mail]
Email: [e-mail]

Counsel for Plaintiff

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Counsel for Defendant
Silver State Schools Credit Union

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ORDER GRANTING STIPULATED PROTECTIVE ORDER

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IT IS SO ORDERED.

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Dated: __________, _____
April 9, 2018
UNITED STATES MAGISTRATE JUDGE

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[PROPOSED] STIPULATED PROTECTIVE ORDER - 7

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EXHIBIT A

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DECLARATION OF COMPLIANCE
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Zorsch v. Equifax Information Services, LLC et al
United States District Court, District of Nevada
Case No. 2:17-cv-03121-APG-NJK

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I, _____________________________________, declare as follows:

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1.

My address is ________________________________________________.

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My present employer is ________________________________________.

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My present occupation or job description is _________________________.

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

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_______________, 20___.
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5.

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I have carefully read and understand the provisions of this Stipulated Protective

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

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I will hold in confidence and will not disclose to anyone not qualified under the

Order.

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Stipulated Protective Order, any information, documents or other materials produced subject to

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this Stipulated Protective Order.
8.

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

Stipulated Protective Order only for purposes of this present action.
9.

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

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information, documents or other materials produced subject to this Stipulated Protective Order,

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and all documents or things which I have prepared relating to the information, documents or other

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

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

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[PROPOSED] STIPULATED PROTECTIVE ORDER - 8

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10.

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

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Stipulated Protective Order in this action. I declare under penalty of perjury under the laws of the
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United States that the following is true and correct.
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Executed this ____ day of _____________, 2018 at __________________.
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_______________________________
QUALIFIED PERSON

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[PROPOSED] STIPULATED PROTECTIVE ORDER - 9