Antone v. Wells Fargo Financial National Bank

Filing 18

PROTECTIVE ORDER pursuant to Stipulation ECF No. 17 . See Order for specific details and information. Signed by Magistrate Judge William G. Cobb on 8/21/2018. (Copies have been distributed pursuant to the NEF - KW)

Case 3:18-cv-00236-LRH-WGC Document 17 Filed 08/20/18 Page 1 of 10

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RICK D. ROSKELLEY, ESQ., Bar # 3192
KAITLYN M. BURKE, ESQ., Bar # 13454
LITTLER MENDELSON, P.C.
3960 Howard Hughes Parkway
Suite 300
Las Vegas, NV 89169-5937
Telephone:
702.862.8800
Fax No.:
702.862.8811
Email: [e-mail]
Email: [e-mail]

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Attorneys for Defendant
WELLS FARGO FINANCIAL NATIONAL BANK

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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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NICOLE ANTONE,
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Plaintiff,

Case No. 3:18-cv-00236-LRH-WGC

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vs.

STIPULATED PROTECTIVE ORDER

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WELLS FARGO FINANCIAL
NATIONAL BANK (FKA Wells Fargo
Bank, National Association), a foreign
Delaware corporation, and DOES 1
through 10 inclusive,

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Defendant.
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LITTLER MENDELSON, P.C.
Attorneys At Law
3960 Howard Hughes Parkway
Suite 300
Las Vegas, NV 89169-5937
702.862.8800

Plaintiff NICOLE ANTONE (“Antone”) and Defendant WELLS FARGO FINANCIAL
NATIONAL BANK (“Wells Fargo”), by and through their respective counsel of record, hereby
submit the following Stipulated Protective Order regarding the confidentiality of discovery
materials.
Disclosure and discovery activity in the above-captioned action are likely to involve the
production of confidential, proprietary, or private information for which special protection from
public disclosure and use for any purpose other than prosecuting this litigation may be warranted.
The parties acknowledge that this protective order does not confer blanket protection for all
disclosures or responses to discovery and that the protection it affords from public disclosure and use

Case 3:18-cv-00236-LRH-WGC Document 17 Filed 08/20/18 Page 2 of 10

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extends only to the limited information or items that are entitled to confidential treatment under the

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applicable legal principles.

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1.

Definition of “Confidential Information.”

“Confidential Information,”

which may be designated as provided in paragraph 5 below, is defined as follows: trade secrets,

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protected contacts, business contacts, business practices, procedures and processes, non-public
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customer information (e.g., customer lists, customer names and contact information, etc.), financial

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information (non-public profits and loss information, financial statements, etc.), contractual

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relationships, marketing practices and procedures, management policies and procedures, sensitive

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personnel information including terms of employment, salary, bonus agreements, performance

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evaluations, and confidential or private personal information.

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2.

Use Limitations. All Confidential Information produced in the course of

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discovery proceedings herein shall be used only for the purpose of preparing for and conducting this
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litigation (including appeals) and not for any other purpose whatsoever.
2.1

Limitations

on

Disclosure

of

Confidential

Information.

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Confidential Information shall not be given, shown, or made available or communicated in any way

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to anyone except persons specified in paragraph 6 below who have read and are bound by the terms

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of this Protective Order, and to whom it is necessary that such Confidential Information be given or
shown for the purposes permitted under this paragraph. The Parties agree that materials subject to

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this Order which are marked “Confidential” and/or “Confidential – Attorneys’ Eyes Only” will be
treated as such, subject to the resolution of any motion filed pursuant to paragraph 7. Before any

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party includes any information or material marked “Confidential” and/or “Confidential – Attorneys’

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Eyes Only” in any pleading, motion, notice, memorandum filed with the Court that the party cannot

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or will not redact, the party first must file a motion seeking leave to file under seal the portion of

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such materials marked “Confidential” and/or “Confidential – Attorneys’ Eyes Only in accordance

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LITTLER MENDELSON, P.C.
Attorneys At Law
3960 Howard Hughes Parkway
Suite 300
Las Vegas, NV 89169-5937
702.862.8800

2.
Firmwide:156389699.1 091367.1024

Case 3:18-cv-00236-LRH-WGC Document 17 Filed 08/20/18 Page 3 of 10

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with the standard articulated in Kamakana v. City and County of Honolulu, 447 F.3d 1172 (9th Cir.

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2006), along with the Local Rules of the United States District Court for the District of Nevada.

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Treatment of the material as Confidential will continue at a minimum until the Court resolves the
issue. See also, Center for Auto Safety v. Chrysler Group, LLC, 809 F.3d 1092, 1097 (9th Cir. 2016).

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2.2

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Advice

to

Client

Based

on

Confidential

Information.

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Notwithstanding the foregoing, nothing in this Protective Order shall bar or otherwise restrict any

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attorney herein from rendering litigation advice to his/her client, and in the course thereof, referring

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to or relying upon the attorney’s examination of designated information.

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3.

Scope of Protection/Disclosure of Confidential Information in Other

Proceedings. This Protective Order governs the handling of all Confidential Information, including

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documents, testimony, and other information, including all copies, excerpts, and summaries thereof,
produced, given, or filed during discovery and other proceedings in this action, including
Confidential Information produced, given, or filed prior to the date of this Protective Order.

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3.1

If any party to another legal proceeding, or a court or an administrative

agency, through discovery, subpoenas, or orders, demands production of Confidential Information,
the party receiving such demand for Confidential Information shall promptly, and before producing

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Confidential Information to such other party, court, or administrative agency, notify (1)

the

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requesting party, court, or administrative agency of this Protective Order; and (2) the party whose
Confidential Information is being sought.
3.1.1

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The party whose Confidential Information is being sought shall

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have the obligation of defending against such subpoena, order, or demand, and the person or party

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receiving the subpoena, order or demand shall be entitled to comply with it except to the extent the

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producing party is successful in obtaining an order modifying or quashing the subpoena, order or

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demand.
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LITTLER MENDELSON, P.C.
Attorneys At Law
3960 Howard Hughes Parkway
Suite 300
Las Vegas, NV 89169-5937
702.862.8800

3.
Firmwide:156389699.1 091367.1024

Case 3:18-cv-00236-LRH-WGC Document 17 Filed 08/20/18 Page 4 of 10

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4.

Confidential Information Produced by Third Parties.

This Protective

Order shall apply to the parties to this action, and also to any other person producing or disclosing
Confidential Information in this action who agrees or is ordered to be bound by this Protective

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Order. Accordingly, as used herein, the term “person” includes both the named parties in this civil
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action, and third parties who have agreed or been ordered to be bound by this Protective Order. If, in

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the course of this action, information is sought from a third party which would require such person to

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disclose and/or produce Confidential Information, such third party may obtain the protections of this

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Protective Order by agreeing in writing to produce information pursuant to this Protective Order and

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to be bound by it. No further order of this Court shall be necessary to extend the protections of this
Order to third parties.

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5.

Designation of Confidential Information. Any person who produces, gives,

or files Confidential Information may designate information as Confidential Information if it meets

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the definition stated in paragraph 1; provided, however, that any designation of Confidential

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Information shall not constitute an admission by any other party that such Confidential Information

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is confidential or trade secret information as defined under applicable legal standards. Filing a

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motion under the Local Rules requesting leave to file information or material under seal or

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subsequently filing any document containing information designated “Confidential” under seal
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pursuant to paragraph 2.1, shall not constitute an admission by the filing party that such Confidential

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Information of another party is confidential or trade secret information as defined under applicable

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legal standards.

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5.2

Designation of Documents.

Documents may be designated as

Confidential Information by stamping “Confidential” (or similar designation) on each page prior to
production. To the extent documents containing Confidential Information subject to this Protective

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Order were previously produced without any designation of confidentiality, such documents shall be
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LITTLER MENDELSON, P.C.
Attorneys At Law
3960 Howard Hughes Parkway
Suite 300
Las Vegas, NV 89169-5937
702.862.8800

4.
Firmwide:156389699.1 091367.1024

Case 3:18-cv-00236-LRH-WGC Document 17 Filed 08/20/18 Page 5 of 10

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stamped “Confidential” and reproduced.

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5.3

Designation of Deposition Testimony. Deposition testimony may be

designated, in whole or in part, as Confidential Information by oral designation on the record, or

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within ten (10) days after receipt of the transcript with designations as specified below. If made on
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the record, the person making the designation shall instruct the Court Reporter to bind the

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“Confidential” portions of the deposition transcript separately and to stamp the word “Confidential”

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(or similar designation) as appropriate, on each transcript page so designated.

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testimony shall be treated as “Confidential” pending expiration of the ten (10) day period after

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All deposition

receipt of the transcript.

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6.

Persons to Whom Confidential Information May be Disclosed.

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6.1

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Protective Order, information designated as “Confidential” shall be disclosed only to:
6.1.1

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Counsel of record for the parties in this action, and other

attorneys, clerical, paralegal, and other staff employed by counsel of record;

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“Confidential Information.” Except as otherwise provided by this

6.1.2

Independent experts or independent consultants who are

assisting counsel of record for the parties in this action in the prosecution or defense of this action.

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Before access is given, each such independent expert or independent consultants shall agree in
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writing to be bound by this Protective Order by completing and signing the form attached hereto as

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Exhibit A and advised that violation of the terms of this Protective Order (by use of the Confidential

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Information for business purposes or in any other impermissible manner) may constitute contempt of

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Court.

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6.1.3

Individuals named as parties, and such officers, directors, or

employees of the parties, as counsel requires to provide assistance in the prosecution or defense of

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this action, and for no other purpose;
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LITTLER MENDELSON, P.C.
Attorneys At Law
3960 Howard Hughes Parkway
Suite 300
Las Vegas, NV 89169-5937
702.862.8800

5.
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Case 3:18-cv-00236-LRH-WGC Document 17 Filed 08/20/18 Page 6 of 10

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6.1.4

The Court and court personnel;

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6.1.5

Any other Person as to whom the producing Person agrees in

6.1.6

Witnesses at deposition or trial qualified under paragraphs

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writing;

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6.4.1 and 6.4.2; provided, however, that before access is given, each such witness shall have agreed

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in writing to be bound by this Protective Order by completing and signing the form attached hereto

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as Exhibit A and advised that violation of the terms of this Protective Order (by use of the

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Confidential Information for business purposes or in any other impermissible manner) may

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constitute contempt of Court; and

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6.1.7

Court reporters employed in connection with this action.

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6.2 “Confidential

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Attorneys’ Eyes Only” Information. Notwithstanding

any other provision of this Protective Order, information designated as “Confidential

Attorneys’

Eyes Only” shall be disclosed only to the following:

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6.2.1 Persons described in paragraph 6.1.1.

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6.2.2 Persons described in paragraph 6.1.4, provided that the

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documents are handled consistent with paragraph 2.1 above.

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6.2.3 Persons described in paragraph 6.1.5.
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6.2.4 Witnesses and independent experts or consultants (as defined in

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paragraph 6.1.2) at deposition or trial, provided that the producing person agrees in writing, and that

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such witness and/or independent expert or consultant (as defined in paragraph 6.1.2) shall have

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agreed in writing to be bound by this Protective Order by completing and signing the form attached

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hereto as Exhibit A.

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6.3

Disclosure

of

Confidential

Transcripts

to

the

Deponent.

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Deposition transcripts containing Confidential Information may be shown to the deponent for the
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LITTLER MENDELSON, P.C.
Attorneys At Law
3960 Howard Hughes Parkway
Suite 300
Las Vegas, NV 89169-5937
702.862.8800

6.
Firmwide:156389699.1 091367.1024

Case 3:18-cv-00236-LRH-WGC Document 17 Filed 08/20/18 Page 7 of 10

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purpose of correction, but the deponent may not retain a copy of the transcript unless the deponent

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agrees to be bound by this Protective Order by signing a copy of the acknowledgment form attached

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as Exhibit A.

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6.4

Limited Exceptions:

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6.4.1

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Persons

Previously

Having

Access

to

Confidential

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Information. A producing party’s Confidential Information to which a present or former employee,

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consultant or agent has had access during the period of his employment or association with the

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producing party may be disclosed to that present or former employee, consultant or agent.

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6.4.2

Authors/Addressees. This Protective Order shall not apply to

the disclosure of a producing party’s Confidential Information to persons who were the authors or

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addressees of those documents or who are shown as having received copies.
6.4.3

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Witnesses.

If a document designated as Confidential

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Information refers to the conduct or affairs of a witness, the parties’ attorneys may discuss such

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conduct or affairs with the witness without revealing the document.

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6.4.4

Certain Information Not Subject to Scope of Order. The

restrictions of this Protective Order shall not apply to information which (a) was, is, or becomes

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public knowledge, not in violation of this Protective Order, or (b) was or is acquired from a third
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party possessing such information and having no obligation of confidentiality to the designating

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party, or (c) the receiving party can establish was in its rightful and lawful possession at the time of

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disclosure or was developed independently by the receiving party without the use of Confidential

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Information.

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7.

Resolution of Disputes. Whenever a party objects to the treatment of a

document or transcript as “Confidential” as defined in paragraphs 1 and 5 herein, it shall, in writing

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or on the record in any proceeding herein, so inform the party seeking “Confidential” treatment. The
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LITTLER MENDELSON, P.C.
Attorneys At Law
3960 Howard Hughes Parkway
Suite 300
Las Vegas, NV 89169-5937
702.862.8800

7.
Firmwide:156389699.1 091367.1024

Case 3:18-cv-00236-LRH-WGC Document 17 Filed 08/20/18 Page 8 of 10

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failure of a party to object in a timely manner shall not constitute a waiver. The party proposing

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such treatment may thereafter apply to the Court by motion for a ruling that the document or

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transcript shall be treated as “Confidential” in the manner described in paragraphs 1 and 5 herein.

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Such motion shall be made within a reasonable period of time after notice of the objection to a
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“Confidential” designation is given. Upon such application, the party asserting confidentiality bears

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the burden to establish same. Until the Court enters an Order changing the designation of the

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document or transcript which is to be the subject of the application, it shall be afforded the

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“Confidential” treatment described in paragraphs 1 and 5 herein.

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8.

Disposition of Confidential Information Following Conclusion of

Litigation. At the conclusion of this litigation (i.e., upon its final dismissal), all copies of all

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documents or transcripts designated “Confidential” and any copies thereof, shall either be destroyed
or returned to the party or person producing same.
8.1

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Notwithstanding any of the foregoing, counsel of record may maintain

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a complete set of pleadings, non-confidential deposition transcripts and exhibits, and non-

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confidential trial transcripts and exhibits following conclusion of this litigation.

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9.

Unauthorized Disclosure or Inadvertent Production. If either party learns

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that, by inadvertence or otherwise, it has disclosed Confidential Information to any person or in any
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circumstance not authorized under this protective order, the receiving party must immediately (a)

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notify the designating party in writing of the unauthorized disclosure, (b) use its best efforts to

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retrieve all unauthorized copies of the confidential material, (c) inform the person(s) of the terms of

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the protective order, and (d) request such person(s) execute Exhibit A. Pursuant to Federal Rule of

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Evidence 502(d) and (e), attorney-client, work product, or any other privilege will not be waived by

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disclosure connected to this litigation. As a result, the parties agree that nothing in this protective

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order will be deemed to limit or waive the attorney-client, work product, or any other privilege.
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LITTLER MENDELSON, P.C.
Attorneys At Law
3960 Howard Hughes Parkway
Suite 300
Las Vegas, NV 89169-5937
702.862.8800

8.
Firmwide:156389699.1 091367.1024

Case 3:18-cv-00236-LRH-WGC Document 17 Filed 08/20/18 Page 9 of 10

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10.

Continuing Obligation, Retention of Jurisdiction.

This Order shall

continue to be binding after the conclusion of this litigation, and the Court shall retain limited
jurisdiction over the parties hereto for purposes of enforcing any obligations imposed hereby.

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11.

Until such time as this Protective Order has been entered by the District Court,

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the parties agree that upon execution by the parties, it will be treated as though it has been “So

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Ordered.”

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Dated: August 20, 2018

Dated: August 20, 2018

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Respectfully submitted,

Respectfully submitted,

/s/ Jason D. Guinasso, Esq.
JASON D. GUINASSO, ESQ.
HUTCHISON & STEFFEN, PLLC

/s/ Kaitlyn M. Burke, Esq.
RICK D. ROSKELLEY, ESQ.
KAITLYN M. BURKE, ESQ.
LITTLER MENDELSON, P.C.

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Attorneys for Plaintiff
NICOLE ANTONE

Attorneys for Defendant
WELLS FARGO FINANCIAL NATIONAL
BANK

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ORDER

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IT IS SO ORDERED.
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Paragraph 2.1 is also governed by Center for Auto Safety v. Chrysler Group, LLC, 809 F.3d
1092, 1097 (9th Cir. 2016).
___________________________________
UNITED STATES MAGISTRATE JUDGE
Paragraph 10 – Continuing Obligation, Retention of Jurisdiction: The Protective Order is
modified to reflect that although the parties may agree to DATED: ___________________________
be bound by the confidentiality terms of
this Order beyond the conclusion of this lawsuit, the dismissal of this action will terminate the
jurisdiction of this Court.

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IT IS SO ORDERED.

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DATED: August 21, 2018.

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____________________________________
UNITED STATES MAGISTRATE JUDGE

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LITTLER MENDELSON, P.C.
Attorneys At Law
3960 Howard Hughes Parkway
Suite 300
Las Vegas, NV 89169-5937
702.862.8800

9.
Firmwide:156389699.1 091367.1024

Case 3:18-cv-00236-LRH-WGC Document 17 Filed 08/20/18 Page 10 of 10

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EXHIBIT A

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ACKNOWLEDGEMENT AND AGREEMENT TO BE BOUND
I,

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________________________________

[print

or

type

full

name],

of

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______________________________________________________ [print or type full address], am

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currently employed by __________________________ [print or type name], located at

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_______________________________ [print or type full address], and my current job title is

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____________________. I declare under penalty of perjury that I have read in its entirety and

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understand the Stipulated Protective Order that was issued by the United States District Court for the

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District of Nevada in the case of Nicole Antone vs. Wells Fargo Financial National Bank (FKA

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Wells Fargo Bank, National Association), Case No. 3:18-cv-00236-LRH-WGC (D. Nev.).

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I agree to comply with and to be bound by all the terms of this Stipulated Protective Order

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and I understand and acknowledge that failure to so comply could expose me to sanctions and

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punishment in the nature of contempt. I solemnly promise that I will not divulge any documents or

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copies of documents, designated “Confidential” or “Confidential - Attorneys Eyes Only” obtained

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pursuant to such Protective Order, or the contents of such documents, to any person other than those

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specifically authorized by the Protective Order. I shall not copy or use such documents except for

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the purposes of this action and pursuant to the terms of the Protective Order. As soon as practical,

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but no later than 30 days after final termination of this action, I shall return to the attorney from

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whom I have received them, any documents in my possession designated “Confidential” or

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“Confidential - Attorneys Eyes Only,” and all copies, excerpts, summaries, notes, digests, abstracts,

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and indices relating to such documents. I further agree to submit to the jurisdiction of the United

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States District Court for the District of Nevada for the purpose of enforcing the terms of this

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Stipulated Protective Order, even if such enforcement proceedings occur after termination of this

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action.

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Date: _______________

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Printed name: ______________________________
[printed name]

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LITTLER MENDELSON, P.C.
Attorneys At Law
3960 Howard Hughes Parkway
Suite 300
Las Vegas, NV 89169-5937
702.862.8800

City and State where sworn and signed:___________________

Signature: __________________________________
[signature]
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