Hill v. Santander Consumer USA Inc.

Filing 24

ORDER granting 23 Stipulated Protective Order; Signed by Magistrate Judge George Foley, Jr on 2/13/2019. (Copies have been distributed pursuant to the NEF - JM)

Case 2:18-cv-01117-JAD-GWF Document 23 Filed 02/12/19 Page 1 of 10
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Todd E. Kennedy, Esq.
Nevada Bar No. 6014
KENNEDY & COUVILLIER, PLLC
3271 E. Warm Springs Rd.
Las Vegas, NV 89120
Tel: [phone]
Fax: [phone]
[e-mail]
Blaec C. Croft, Esq. (pro hac vice)
MCGUIREWOODS LLP
Tower Two-Sixty
260 Forbes Avenue, Suite 1800
Pittsburgh, PA 15222
Tel: [phone]
Fax: [phone]
[e-mail]
THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEVADA

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3271 E. Twain Ave. ♠ Las Vegas, NV 89120
Ph. [phone] ♠ FAX: [phone]
www.kclawnv.com

KENNEDY & COUVILLIER, PLLC

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ALEXANDRIA HILL,
Plaintiff,

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v.

Case No. 2:18-cv-01117-JAD-GWF
[PROPOSED] STIPULATED
PROTECTIVE ORDER

SANTANDER CONSUMER USA INC.; DOE
Individuals 1-10; DOE Employees 11-2-‘ and
ROE Corporations 21-30,

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Defendants.
_____________________________________

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SANTANDER CONSUMER USA INC.,

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v.

Third-Party Plaintiff,

CYNTHIA HILL,
Third-Party Defendant.

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IT IS HEREBY STIPULATED by and between Plaintiff Alexandria Hill (“Plaintiff”) and

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Defendant Santander Consumer USA Inc. (“SC”), through their respective attorneys of record, as

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follows:

Case 2:18-cv-01117-JAD-GWF Document 23 Filed 02/12/19 Page 2 of 10
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Pursuant to Fed. R. Civ. P. 26(c) and LPR 1-4, Plaintiff and SC consent and agree to the
entry of this Order governing the disclosure and protection of confidential and proprietary
business information that may be sought during discovery in this case. In order to facilitate
discovery while preserving and maintaining the confidentiality of certain documents or
testimony that may be sought by the Plaintiff and SC in this matter (the “Parties”), and in the
interests of justice, it is hereby ORDERED by the Court that:
Proceedings and Information Governed.

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3271 E. Twain Ave. ♠ Las Vegas, NV 89120
Ph. [phone] ♠ FAX: [phone]
www.kclawnv.com

KENNEDY & COUVILLIER, PLLC

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1.

This Order (“Protective Order”) is made under Fed. R. Civ. P. 26(c). It governs

any document, information, or other thing furnished by any party to any other party, and it
includes any non-party who receives a subpoena in connection with this action. The information
protected includes, but is not limited to: answers to interrogatories; answers to requests for
admission; responses to requests for production of documents; deposition transcripts and
videotapes; deposition exhibits; and other writings or things produced, given or filed in this

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action that are designated by a party as “Confidential Information” or “Confidential Attorney

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Eyes Only Information” in accordance with the terms of this Protective Order, as well as to any

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copies, excerpts, abstracts, analyses, summaries, descriptions, or other forms of recorded

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information containing, reflecting, or disclosing such information.
Designation and Maintenance of Information.
2.

For purposes of this Protective Order, (a) the “Confidential Information”

designation means that the document is comprised of trade secrets or commercial information

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that is not publicly known and is of technical or commercial advantage to its possessor, in

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accordance with Fed. R. Civ. P. 26(c)(1)(G), or other information required by law or agreement

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to be kept confidential and (b) the “Confidential Attorney Eyes Only” designation means that the

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document is comprised of information that the producing party deems especially sensitive, which

Case 2:18-cv-01117-JAD-GWF Document 23 Filed 02/12/19 Page 3 of 10
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may include, but is not limited to, confidential research and development, financial, technical,

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marketing, any other sensitive trade secret information, or information capable of being utilized

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for the preparation or prosecution of a patent application dealing with such subject matter.
Confidential Information and Confidential Attorney Eyes Only Information does not include, and
this Protective Order does not apply to, information that is already in the knowledge or
possession of the party to whom disclosure is made unless that party is already bound by

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agreement not to disclose such information, or information that has been disclosed to the public

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or third persons in a manner making such information no longer confidential.

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3271 E. Twain Ave. ♠ Las Vegas, NV 89120
Ph. [phone] ♠ FAX: [phone]
www.kclawnv.com

KENNEDY & COUVILLIER, PLLC

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3.

scope of paragraph 2(a) above, may be designated by the producing party as containing
Confidential Information by placing on each page and each thing a legend substantially as
follows:
CONFIDENTIAL INFORMATION
SUBJECT TO PROTECTIVE ORDER

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Documents and things produced during the course of this litigation within the

Documents and things produced during the course of this litigation within the scope of
paragraph 2(b) above may be designated by the producing party as containing Confidential
Attorney Eyes Only Information by placing on each page and each thing a legend substantially
as follows:
CONFIDENTIAL ATTORNEY EYES ONLY INFORMATION
SUBJECT TO PROTECTIVE ORDER
A party may designate information disclosed at a deposition as Confidential Information

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or Confidential Attorney Eyes Only Information by requesting the reporter to so designate the

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transcript or any portion of the transcript at the time of the deposition. If no such designation is

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made at the time of the deposition, any party will have fourteen (14) calendar days after the date

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of the deposition to designate, in writing to the other parties and to the court reporter, whether

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the transcript is to be designated as Confidential Information or Confidential Attorneys Eyes

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Only Information. If no such designation is made at the deposition or within this fourteen (14)

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calendar day period (during which period, the transcript must be treated as Confidential
Attorneys Eyes Only Information, unless the disclosing party consents to less confidential
treatment of the information), the entire deposition will be considered devoid of Confidential
Information or Confidential Attorneys Eyes Only Information. Each party and the court reporter

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must attach a copy of any final and timely written designation notice to the transcript and each

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copy of the transcript in its possession, custody or control, and the portions designated in such

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notice must thereafter be treated in accordance with this Protective Order. It is the responsibility

3271 E. Twain Ave. ♠ Las Vegas, NV 89120
Ph. [phone] ♠ FAX: [phone]
www.kclawnv.com

KENNEDY & COUVILLIER, PLLC

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of counsel for each party to maintain materials containing Confidential Information or
Confidential Attorney Eyes Only Information in a secure manner and appropriately identified so
as to allow access to such information only to such persons and under such terms as is permitted

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under this Protective Order.

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Inadvertent Failure to Designate.

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4.

The inadvertent failure to designate or withhold any information as confidential or

privileged will not be deemed to waive a later claim as to its confidential or privileged nature, or
to stop the producing party from designating such information as confidential at a later date in
writing and with particularity. The information must be treated by the receiving party as
confidential from the time the receiving party is notified in writing of the change in the

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designation.

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Challenge to Designations.

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5.

A receiving party may challenge a producing party’s designation at any time. Any

receiving party disagreeing with a designation may request in writing that the producing party
change the designation. The producing party will then have ten (10) business days after receipt of

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a challenge notice to advise the receiving party whether or not it will change the designation. If

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the parties are unable to reach agreement after the expiration of this ten (10) business day time-

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frame, and after parties confer to resolve the dispute, the receiving party may at any time
thereafter seek an order to alter the confidential status of the designated information. The
producing party will have the burden of proof to establish that the information or document is
entitled to the designation. Until any dispute under this paragraph is ruled upon by the presiding

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judge, the designation will remain in full force and effect, and the information will continue to be

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accorded the confidential treatment required by this Protective Order.

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3271 E. Twain Ave. ♠ Las Vegas, NV 89120
Ph. [phone] ♠ FAX: [phone]
www.kclawnv.com

KENNEDY & COUVILLIER, PLLC

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Disclosure and Use of Confidential Information.
6.

Information designated as Confidential Information or Confidential Attorney Eyes

Only Information may only be used for purposes of preparation, trial, and appeal of this action.
Confidential Information or Confidential Attorney Eyes Only Information may not be used under
any circumstances for prosecuting any patent application, for patent licensing, or for any other
purpose.
7.

Subject to paragraph 9 below, Confidential Information may be disclosed by the

receiving party only to the following individuals, provided that such individuals are informed of
the terms of this Protective Order: (a) two (2) employees of the receiving party who are required
in good faith to provide assistance in the conduct of this litigation, including any settlement
discussions, and who are identified as such in writing to counsel for the designating party in

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advance of the disclosure; (b) two (2) in-house counsel for the receiving party; (c) outside

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counsel for the receiving party; (d) supporting personnel employed by (b) and (c), such as

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paralegals, legal secretaries, data entry clerks, legal clerks, and private photocopying services; (e)

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experts or consultants; and (f) any persons requested by counsel to furnish services such as

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document coding, image scanning, mock trial, jury profiling, translation services, court reporting

Case 2:18-cv-01117-JAD-GWF Document 23 Filed 02/12/19 Page 6 of 10
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services, demonstrative exhibit preparation, or the creation of any computer database from

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documents.

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8.

Subject to paragraph 9 below, Confidential Attorney Eyes Only Information may

be disclosed by the receiving party only to the following individuals, provided that such
individuals are informed of the terms of this Protective Order: (a) outside counsel for the
receiving party; (b) supporting personnel employed by outside counsel, such as paralegals, legal

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secretaries, data entry clerks, legal clerks, private photocopying services; (c) experts or

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consultants; and (d) those individuals designated in paragraph 11(c).

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3271 E. Twain Ave. ♠ Las Vegas, NV 89120
Ph. [phone] ♠ FAX: [phone]
www.kclawnv.com

KENNEDY & COUVILLIER, PLLC

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9.

Further, prior to disclosing Confidential Attorney Eyes Only Information to a

receiving party’s proposed expert, consultant, or employees, the receiving party must provide to
the producing party a signed Confidentiality Agreement in the form attached as Exhibit A, the
resume or curriculum vitae of the proposed expert or consultant, the expert or consultant’s

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business affiliation, and any current and past consulting relationships in the industry. The

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producing party will thereafter have ten (10) business days from receipt of the Confidentiality

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Agreement to object to any proposed individual. The objection must be made for good cause and

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in writing, stating with particularity the reasons for the objection. Failure to object within ten

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(10) business days constitutes approval. If the parties are unable to resolve any objection, the
receiving party may apply to the presiding judge to resolve the matter. There will be no
disclosure to any proposed individual during the ten (10) business day objection period, unless

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that period is waived by the producing party, or if any objection is made, until the parties have

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resolved the objection, or the presiding judge has ruled upon any resultant motion.

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10.

Counsel is responsible for the adherence by third-party vendors to the terms and

conditions of this Protective Order. Counsel may fulfill this obligation by obtaining a signed
Confidentiality Agreement in the form attached as Exhibit B.

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3271 E. Twain Ave. ♠ Las Vegas, NV 89120
Ph. [phone] ♠ FAX: [phone]
www.kclawnv.com

KENNEDY & COUVILLIER, PLLC

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11.

Confidential Information or Confidential Attorney Eyes Only Information may be

disclosed to a person who is not already allowed access to such information under this Protective
Order if:
(a)

the information was previously received or authored by the person or was

authored or received by a director, officer, employee or agent of the company for which the
person is testifying as a designee under Fed. R. Civ. P. 30(b)(6);
(b)

the designating party is the person or is a party for whom the person is a director,

officer, employee, consultant or agent; or
(c)

counsel for the party designating the material agrees that the material may be

disclosed to the person.
In the event of disclosure under this paragraph, only the reporter, the person, his or her
counsel, the presiding judge, and persons to whom disclosure may be made and who are bound

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by this Protective Order, may be present during the disclosure or discussion of Confidential

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Information. Disclosure of material pursuant to this paragraph does not constitute a waiver of the

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confidential status of the material so disclosed.

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Non-Party Information.

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12.

The existence of this Protective Order must be disclosed to any person producing

documents, tangible things, or testimony in this action who may reasonably be expected to desire
confidential treatment for such documents, tangible things or testimony. Any such person may

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designate documents, tangible things, or testimony confidential pursuant to this Protective Order.

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Filing Documents With the Court.

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13.

If any party wishes to submit Confidential Information to the court, the

submission must be filed only in a sealed envelope bearing the caption of this action and a notice
in the following form:

Case 2:18-cv-01117-JAD-GWF Document 23 Filed 02/12/19 Page 8 of 10
CONFIDENTIAL INFORMATION
[caption]
This envelope, which is being filed under seal,
contains documents that are subject to a Protective
Order governing the use of confidential discovery material.
No Prejudice.

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Producing or receiving confidential information, or otherwise complying with the

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terms of this Protective Order, will not (a) operate as an admission by any party that any

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particular Confidential Information contains or reflects trade secrets or any other type of

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3271 E. Twain Ave. ♠ Las Vegas, NV 89120
Ph. [phone] ♠ FAX: [phone]
www.kclawnv.com

KENNEDY & COUVILLIER, PLLC

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confidential or proprietary information; (b) prejudice the rights of a party to object to the
production of information or material that the party does not consider to be within the scope of
discovery; (c) prejudice the rights of a party to seek a determination by the presiding judge that

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particular materials be produced; (d) prejudice the rights of a party to apply to the presiding

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judge for further protective orders; or (e) prevent the parties from agreeing in writing to alter or

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waive the provisions or protections provided for in this Protective Order with respect to any

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particular information or material.
Conclusion of Litigation.
15.

Within sixty (60) calendar days after final judgment in this action, including the

exhaustion of all appeals, or within sixty (60) calendar days after dismissal pursuant to a

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settlement agreement, each party or other person subject to the terms of this Protective Order is

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under an obligation to destroy or return to the producing party all materials and documents

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containing Confidential Information or Confidential Attorney Eyes Only Information upon the

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producing party’s request, and to certify to the producing party that this destruction or return has
been done. However, outside counsel for any party is entitled to retain all court papers, trial
transcripts, exhibits, and attorney work provided that any such materials are maintained and
protected in accordance with the terms of this Protective Order.

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Other Proceedings.
16.

By entering this Protective Order and limiting the disclosure of information in this

case, the presiding judge does not intend to preclude another court from finding that information
may be relevant and subject to disclosure in another case. Any person or party subject to this
Protective Order who may be subject to a motion to disclose another party’s information
designated Confidential pursuant to this Protective Order must promptly notify that party of the

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motion so that the party may have an opportunity to appear and be heard on whether that

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information should be disclosed.

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3271 E. Twain Ave. ♠ Las Vegas, NV 89120
Ph. [phone] ♠ FAX: [phone]
www.kclawnv.com

KENNEDY & COUVILLIER, PLLC

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Remedies.
17.

It is Ordered that this Protective Order will be enforced by the sanctions set forth

in Fed. R. Civ. P. 37(b) and any other sanctions as may be available to the presiding judge,
including the power to hold parties or other violators of this Protective Order in contempt. All
other remedies available to any person injured by a violation of this Protective Order are fully
reserved.
18.

Any party may petition the presiding judge for good cause shown if the party

desires relief from a term or condition of this Protective Order.
The foregoing Stipulation is hereby approved by the Court as a Protective Order pursuant

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to Federal Rule of Civil Procedure 26(c) and LPR 1-4.

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Dated: February 12, 2019

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/s/ Richard J. Albanese
Richard J. Albanese (pro hac vice)
KIMMEL & SILVERMAN
30 E. Butler Pike
Ambler, PA 19040
Telephone: [phone] x106
Email: [e-mail]
Counsel for the Plaintiff

/s/ Blaec C. Croft
Blaec C. Croft (pro hac vice)
MCGUIREWOODS LLP
Tower Two-Sixty
260 Forbes Avenue, Suite 1800
Pittsburgh, PA 15222
Telephone: [phone]
Facsimile: 412.402.4187
Email: [e-mail]
Counsel for Defendant

Case 2:18-cv-01117-JAD-GWF Document 23 Filed 02/12/19 Page 10 of 10
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13th day ____________________, 2019.
DONE AND ORDERED this ___ day ofof February, 2019.

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3271 E. Twain Ave. ♠ Las Vegas, NV 89120
Ph. [phone] ♠ FAX: [phone]
www.kclawnv.com

KENNEDY & COUVILLIER, PLLC

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_______________________________
United States Magistrate Judge

Case 2:18-cv-01117-JAD-GWF Document 23-1 Filed 02/12/19 Page 1 of 2
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EXHBIT A

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THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEVADA

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ALEXANDRIA HILL,
Plaintiff,

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v.

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SANTANDER CONSUMER USA INC.; DOE
Individuals 1-10; DOE Employees 11-2-‘ and
ROE Corporations 21-30,

3271 E. Twain Ave. ♠ Las Vegas, NV 89120
Ph. [phone] ♠ FAX: [phone]
www.kclawnv.com

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KENNEDY & COUVILLIER, PLLC

Case No. 2:18-cv-01117-JAD-GWF

Defendants.
_____________________________________

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SANTANDER CONSUMER USA INC.,

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Third-Party Plaintiff,

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v.
CYNTHIA HILL,
Third-Party Defendant.
CONFIDENTIALITY AGREEMENT FOR EXPERT,
CONSULTANT OR EMPLOYEES OF ANY PARTY

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I, __________________________________, hereby affirm that:

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Information, including documents and things, designated as "Confidential Information,"

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or "Confidential Attorney Eyes Only Information," as defined in the Protective Order entered in
the above-captioned action ("Protective Order"), is being provided to me pursuant to the terms
and restrictions of the Protective Order.
I have been given a copy of and have read the Protective Order.

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I am familiar with the terms of the Protective Order and I agree to comply with and to be
bound by its terms.
I submit to the jurisdiction of this Court for enforcement of the Protective Order.
I agree not to use any Confidential Information or Confidential Attorney Eyes Only
Information disclosed to me pursuant to the Protective Order except for purposes of the abovecaptioned litigation and not to disclose any of this information to persons other than those

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specifically authorized by the Protective Order, without the express written consent of the party

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who designated the information as confidential or by order of the presiding judge. I also agree to

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notify any stenographic, clerical or technical personnel who are required to assist me of the terms

3271 E. Twain Ave. ♠ Las Vegas, NV 89120
Ph. [phone] ♠ FAX: [phone]
www.kclawnv.com

KENNEDY & COUVILLIER, PLLC

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of this Protective Order and of its binding effect on them and me.

Dated: _____________________

___________________________________
Signature
____________________________________
Printed Name
____________________________________
____________________________________
Address
____________________________________
Individual or Entity Represented

Case 2:18-cv-01117-JAD-GWF Document 23-2 Filed 02/12/19 Page 1 of 2
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EXHIBIT B

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THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEVADA

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ALEXANDRIA HILL,

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Plaintiff,

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v.

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SANTANDER CONSUMER USA INC.; DOE
Individuals 1-10; DOE Employees 11-2-‘ and
ROE Corporations 21-30,

3271 E. Twain Ave. ♠ Las Vegas, NV 89120
Ph. [phone] ♠ FAX: [phone]
www.kclawnv.com

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KENNEDY & COUVILLIER, PLLC

Case No. 2:18-cv-01117-JAD-GWF

Defendants.
_____________________________________

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SANTANDER CONSUMER USA INC.,

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Third-Party Plaintiff,

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v.
CYNTHIA HILL,
Third-Party Defendant.

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CONFIDENTIALITY AGREEMENT FOR THIRD-PARTY VENDORS

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I, __________________________________, hereby affirm that:

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Information, including documents and things, designated as "Confidential Information,"

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or "Confidential Attorney Eyes Only Information," as defined in the Protective Order entered in

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the above-captioned action (“Protective Order"), is being provided to me pursuant to the terms
and restrictions of the Protective Order.
I have been given a copy of and have read the Protective Order.
I am familiar with the terms of the Protective Order and I agree to comply with and to be
bound by its terms.

Case 2:18-cv-01117-JAD-GWF Document 23-2 Filed 02/12/19 Page 2 of 2
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I submit to the jurisdiction of this Court for enforcement of the Protective Order.

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I agree not to use any Confidential Information or Confidential Attorney Eyes Only

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Information disclosed to me pursuant to the Protective Order except for purposes of the abovecaptioned litigation and not to disclose any of this information to persons other than those
specifically authorized by the Protective Order, without the express written consent of the party
who designated the information as confidential or by order of the presiding judge.

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3271 E. Twain Ave. ♠ Las Vegas, NV 89120
Ph. [phone] ♠ FAX: [phone]
www.kclawnv.com

KENNEDY & COUVILLIER, PLLC

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Dated: _____________________

___________________________________
Signature
____________________________________
Printed Name
____________________________________
____________________________________
Address
____________________________________
Individual or Entity Represented