Cardinali v. Plusfour, Inc. et al, No. 2:2016cv02046 - Document 35 (D. Nev. 2017)
Court Description: STIPULATED PROTECTIVE ORDER Granting 33 Stipulation for Protective Order. Signed by Magistrate Judge Nancy J. Koppe on 1/4/17. (Copies have been distributed pursuant to the NEF - MMM)
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Cardinali v. Plusfour, Inc. et al Doc. 35 Case 2:16-cv-02046-JAD-NJK Document 33 Filed 01/03/17 Page 1 of 7 1 2 3 4 5 6 Jennifer L. Braster Nevada Bar No. 9982 MAUPIN • NAYLOR • BRASTER 1050 Indigo Drive, Suite 200 Las Vegas, NV 89145 (T) (702) 420-7000 (F) (702) 420-7001 jbraster@naylorandbrasterlaw.com Attorneys for Defendant Experian Information Solutions, Inc. 7 UNITED STATES DISTRICT COURT 8 DISTRICT OF NEVADA 9 10 11 12 13 14 15 16 17 LOUIS A. CARDINALI, Case No. 2:16-cv-02046-JAD-NJK Plaintiff, [PROPOSED] STIPULATED PROTECTIVE ORDER v. PLUSFOUR, INC; RC WILLEY HOME FURNISHINGS; WEBBANK/DELL FINANCIAL SERVICES; EQUIFAX INFORMATION SERVICES, LLC; EXPERIAN INFORMATION SOLUTIONS, INC., Defendants. 18 19 IT IS HEREBY STIPULATED by and between Louis A. Cardinali (“Plaintiff”) and 20 Experian Information Solutions, Inc. (“Experian”) (collectively, “the Parties”) through their 21 respective attorneys of record as follows: 22 WHEREAS, documents and information have been and may be sought, produced or 23 exhibited by and among the parties to this action relating to trade secrets, confidential research, 24 development, technology or other proprietary information belonging to the defendants and/or 25 personal income, credit and other confidential information of Plaintiff. 26 27 THEREFORE, an Order of this Court protecting such confidential information shall be and hereby is made by this Court on the following terms: 28 MAUPIN • NAYLOR • BRASTER ATTORNEYS AT LAW 1050 Indigo Drive, Suite 200 Las Vegas, NV 89145 (702) 420-7000 Dockets.Justia.com Case 2:16-cv-02046-JAD-NJK Document 33 Filed 01/03/17 Page 2 of 7 1 2 1. This Order shall govern the use, handling and disclosure of all documents, 3 testimony or information produced or given in this action which are designated to be subject to 4 this Order in accordance with the terms hereof. 5 2. Any party or non-party producing or filing documents or other materials in this 6 action may designate such materials and the information contained therein subject to this Order 7 by typing or stamping on the front of the document, or on the portion(s) of the document for 8 which confidential treatment is designated, “Confidential.” 9 3. To the extent any motions, briefs, pleadings, deposition transcripts, or other 10 papers to See order issued be filed with the Court incorporate documents or information subject to this Order, the concurrently herewith 11 party filing such papers shall designate such materials, or portions thereof, as “Confidential,” and 12 shall file them with the clerk under seal; provided, however, that a copy of such filing having the 13 confidential information deleted therefrom may be made part of the public record. Any party 14 filing any document under seal must comply with the requirements of Local Rules. 15 4. All documents, transcripts, or other materials subject to this Order, and all 16 information derived therefrom (including, but not limited to, all testimony, deposition, or 17 otherwise, that refers, reflects or otherwise discusses any information designated Confidential 18 hereunder), shall not be used, directly or indirectly, by any person, including Plaintiff and 19 Experian for any business, commercial or competitive purposes or for any purpose whatsoever 20 other than solely for the preparation and trial of this action in accordance with the provisions of 21 this Order. 22 5. Except with the prior written consent of the individual or entity designating a 23 document or portions of a document as “Confidential,” or pursuant to prior Order after notice, 24 any document, transcript or pleading given “Confidential” treatment under this Order, and any 25 information contained in, or derived from any such materials (including but not limited to, all 26 deposition testimony that refers, reflects or otherwise discusses any information designated 27 confidential hereunder) may not be disclosed other than in accordance with this Order and may 28 MAUPIN • NAYLOR • BRASTER ATTORNEYS AT LAW 1050 Indigo Drive, Suite 200 Las Vegas, NV 89145 (702) 420-7000 2 of 7 Case 2:16-cv-02046-JAD-NJK Document 33 Filed 01/03/17 Page 3 of 7 1 not be disclosed to any person other than: (a) the Court and its officers; (b) parties to this 2 litigation; (c) counsel for the parties, whether retained counsel or in-house counsel and 3 employees of counsel assigned to assist such counsel in the preparation of this litigation; (d) fact 4 witnesses subject to a proffer to the Court or a stipulation of the parties that such witnesses need 5 to know such information; (e) present or former employees of the producing party in connection 6 with their depositions in this action (provided that no former employees shall be shown 7 documents prepared after the date of his or her departure; and (f) experts specifically retained as 8 consultants or expert witnesses in connection with this litigation. 9 6. Documents produced pursuant to this Order shall not be made available to any 10 person designated in Subparagraph 5(f) unless he or she shall have first read this Order, agreed to 11 be bound by its terms, and signed the attached Declaration of Compliance. 12 7. All persons receiving any or all documents produced pursuant to this Order shall 13 be advised of their confidential nature. All persons to whom confidential information and/or 14 documents are disclosed are hereby enjoined from disclosing same to any person except as 15 provided herein, and are further enjoined from using same except in the preparation for and trial 16 of the above-captioned action between the named parties thereto. No person receiving or 17 reviewing such confidential documents, information or transcript shall disseminate or disclose 18 them to any person other than those described above in Paragraph 5 and for the purposes 19 specified, and in no event shall such person make any other use of such document or transcript. 20 21 22 8. Nothing in this Order shall prevent a party from using at trial any information or materials designated “Confidential.” 9. This Order has been agreed to by the parties to facilitate discovery and the 23 production of relevant evidence in this action. Neither the entry of this Order, nor the 24 designation of any information, document, or the like as “Confidential,” nor the failure to make 25 such designation, shall constitute evidence with respect to any issue in this action. 26 27 10. 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 28 MAUPIN • NAYLOR • BRASTER ATTORNEYS AT LAW 1050 Indigo Drive, Suite 200 Las Vegas, NV 89145 (702) 420-7000 3 of 7 Case 2:16-cv-02046-JAD-NJK Document 33 Filed 01/03/17 Page 4 of 7 1 any extracts, summaries or compilations taken therefrom, but excluding any materials which in 2 the good faith judgment of counsel are work product materials, shall be returned to the Producing 3 Party. 4 11. In the event that any party to this litigation disagrees at any point in these 5 proceedings with any designation made under this Protective Order, the parties shall first try to 6 resolve such dispute in good faith on an informal basis. If the dispute cannot be resolved, the 7 party objecting to the designation may seek appropriate relief from this Court. During the 8 pendency of any challenge to the designation of a document or information, the designated 9 document or information shall continue to be treated as “Confidential” subject to the provisions 10 11 of this Protective Order. 12. Nothing herein shall affect or restrict the rights of any party with respect to its 12 own documents or to the information obtained or developed independently of documents, 13 transcripts and materials afforded confidential treatment pursuant to this Order. 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 MAUPIN • NAYLOR • BRASTER ATTORNEYS AT LAW 1050 Indigo Drive, Suite 200 Las Vegas, NV 89145 (702) 420-7000 4 of 7 Case 2:16-cv-02046-JAD-NJK Document 33 Filed 01/03/17 Page 5 of 7 1 2 3 13. 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. 4 Dated: January 3, 2017. 5 MAUPIN • NAYLOR • BRASTER KNEPPER & CLARK, LLC By: /s/ Jennifer L. Braster Jennifer L. Braster Nevada Bar No. 9982 1050 Indigo Drive, Suite 200 Las Vegas, NV 89145 By: /s/ Matthew I. Knepper Matthew I. Knepper (NBN 12796) Miles N. Clark (NBN 13848) 10040 W. Cheyenne Ave., Suite 170-109 Las Vegas, NV 89129 6 7 8 9 10 David H. Krieger Nevada Bar No. 9086 HAINES & KRIEGER, LLC 8985 S. Eastern Avenue, Suite 350 Henderson, NV 89123 Attorneys for Defendant Experian Information Solutions, Inc. 11 12 Attorneys for Plaintiff 13 14 15 16 17 18 ORDER IT IS SO ORDERED. January 4, 2017 Dated: __________, _____ UNITED STATES MAGISTRATE JUDGE 19 20 21 22 23 24 25 26 27 28 MAUPIN • NAYLOR • BRASTER ATTORNEYS AT LAW 1050 Indigo Drive, Suite 200 Las Vegas, NV 89145 (702) 420-7000 5 of 7 Case 2:16-cv-02046-JAD-NJK Document 33 Filed 01/03/17 Page 6 of 7 1 EXHIBIT A 2 DECLARATION OF COMPLIANCE 3 I, _____________________________________, declare as follows: 4 1. My address is ________________________________________________. 5 2. My present employer is ________________________________________. 6 3. My present occupation or job description is _________________________. 7 4 I have received a copy of the Stipulated Protective Order entered in this action on 8 _______________, 20___. 9 5. I have carefully read and understand the provisions of this Stipulated Protective 11 6. I will comply with all provisions of this Stipulated Protective Order. 12 7. I will hold in confidence, and will not disclose to anyone not qualified under the 10 Order. 13 Stipulated Protective Order, any information, documents or other materials produced subject to 14 this Stipulated Protective Order. 15 16 17 8. I will use such information, documents or other materials produced subject to this Stipulated Protective Order only for purposes of this present action. 9. Upon termination of this action, or upon request, I will return and deliver all 18 information, documents or other materials produced subject to this Stipulated Protective Order, 19 and all documents or things which I have prepared relating to the information, documents or other 20 materials that are subject to the Stipulated Protective Order, to my counsel in this action, or to 21 counsel for the party by whom I am employed or retained or from whom I received the documents. 22 23 10. I hereby submit to the jurisdiction of this Court for the purposes of enforcing the Stipulated Protective Order in this action. 24 25 26 27 28 MAUPIN • NAYLOR • BRASTER ATTORNEYS AT LAW 1050 Indigo Drive, Suite 200 Las Vegas, NV 89145 (702) 420-7000 6 of 7 Case 2:16-cv-02046-JAD-NJK Document 33 Filed 01/03/17 Page 7 of 7 1 2 3 I declare under penalty of perjury under the laws of the United States that the following is true and correct. Executed this ____ day of _____________, 2016 at __________________. 4 _______________________________ QUALIFIED PERSON 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 MAUPIN • NAYLOR • BRASTER ATTORNEYS AT LAW 1050 Indigo Drive, Suite 200 Las Vegas, NV 89145 (702) 420-7000 7 of 7
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