Asbell v. Experian Information Solutions, Inc. et al, No. 2:2017cv03122 - Document 25 (D. Nev. 2018)
Court Description: ORDER granting 23 Stipulated Protective Order; Signed by Magistrate Judge Peggy A. Leen on 5/8/2018. (Copies have been distributed pursuant to the NEF - JM)
Download PDF
<![CDATA[
Asbell v. Experian Information Solutions, Inc. et al Doc. 25 Case 2:17-cv-03122-JCM-PAL Document 23 Filed 04/26/18 Page 1 of 10 1 2 3 4 5 6 7 8 9 10 11 12 Michael Kind, Esq. Nevada Bar No. 13903 KAZEROUNI LAW GROUP, APC 6069 S. Fort Apache Rd., Ste. 100 Las Vegas, NV 89148 Phone: (800) 400-6808 x7 Fax: (800) 520-5523 mkind@kazlg.com David H. Krieger, Esq. Nevada Bar No. 9086 HAINES & KRIEGER, LLC 8985 S. Eastern Avenue, Ste. 350 Henderson, NV 89123 Phone: (702) 880-5554 Fax: (702) 385-5518 Email: dkrieger@hainesandkrieger.com Attorneys for Plaintiff Keith H. Asbell 13 UNITED STATES DISTRICT COURT DISTRICT OF NEVADA 14 15 16 Keith H. Asbell, 17 Plaintiff, 18 v. 19 Experian Information Solutions, Inc. and Trans Union LLC, 20 Case No. 2:17-cv-03122-JCM-PAL 21 [PROPOSED] STIPULATED PROTECTIVE ORDER Defendants. 22 23 24 25 26 27 28 IT IS HEREBY STIPULATED by and between Plaintiff Keith H. Asbell (“Plaintiff”) and Defendants Experian Information Solutions, Inc. and Trans Union ________________________________________________________________________________________________________ PROTECTIVE ORDER 1 CASE NO. 2:17-cv-03122-JCM-PAL Dockets.Justia.com Case 2:17-cv-03122-JCM-PAL Document 23 Filed 04/26/18 Page 2 of 10 1 LLC (“Defendants”) (collectively as “the Parties”), by and through their counsel of 2 record, as follows: 3 WHEREAS, documents and information have been and may be sought, 4 produced or exhibited by and among the parties to this action relating to trade secrets, 5 confidential research, development, technology or other proprietary information 6 belonging to the defendants and/or personal income, credit and other confidential 7 information of Plaintiff. THEREFORE, an Order of this Court protecting such confidential information 8 9 10 shall be and hereby is made by this Court on the following terms: 1. This Order shall govern the use, handling and disclosure of all documents, 11 testimony or information produced or given in this action which are designated 12 to be subject to this Order in accordance with the terms hereof. 13 2. Any party or non-party producing or filing documents or other materials in this 14 action may designate such materials and the information contained therein 15 subject to this Order by typing or stamping on the front of the document, or on 16 the portion(s) of the document for which confidential treatment is designated, 17 “Confidential.” 18 3. To the extent any motions, briefs, pleadings, deposition transcripts, or other 19 papers to be filed with the Court incorporate documents or information subject 20 to this Order, the party filing such papers shall designate such materials, or 21 portions thereof, as “Confidential,” and shall file them with the clerk under seal; 22 provided, however, that a copy of such filing having the confidential 23 information deleted therefrom may be made part of the public record. Any party 24 filing any document under seal must comply with the requirements of Local 25 Rules. 26 4. All documents, transcripts, or other materials subject to this Order, and all 27 information derived therefrom (including, but not limited to, all testimony, 28 deposition, or otherwise, that refers, reflects or otherwise discusses any ________________________________________________________________________________________________________ PROTECTIVE ORDER 2 CASE NO. 2:17-cv-03122-JCM-PAL Case 2:17-cv-03122-JCM-PAL Document 23 Filed 04/26/18 Page 3 of 10 1 information designated Confidential hereunder), shall not be used, directly or 2 indirectly, by any Party, for commercial or competitive purposes or for any 3 purpose whatsoever other than solely for the preparation and trial of this action 4 in accordance with the provisions of this Order. 5 5. All depositions or portions of depositions taken in this action that contain 6 confidential information may be designated as “Confidential” and thereby 7 obtain the protections accorded other confidential information. The parties shall 8 have twenty-one (21) days from the date a deposition is taken, or fourteen (14) 9 days from the date a deposition transcript is received, whichever date is greater, 10 to serve a notice to all parties designating portions as “Confidential.” Until such 11 time, all deposition testimony shall be treated as confidential information. To 12 the extent any designations are made on the record during the deposition, the 13 designating party need not serve a notice re-designating those portions of the 14 transcript as confidential information. Any party may challenge any such 15 designation in accordance with Paragraph 14 of this Order. 16 6. Except with the prior written consent of the individual or entity designating a 17 document or portions of a document as “Confidential,” or pursuant to prior 18 Order after notice, any document, transcript or pleading given “Confidential” 19 treatment under this Order, and any information contained in, or derived from 20 any such materials (including but not limited to, all deposition testimony that 21 refers, reflects or otherwise discusses any information designated confidential 22 hereunder) may not be disclosed other than in accordance with this Order and 23 may not be disclosed to any person other than: (a) the Court and its officers; (b) 24 parties to this litigation; (c) counsel for the parties, whether retained counsel or 25 in-house counsel and employees of counsel assigned to assist such counsel in 26 the preparation of this litigation; (d) fact witnesses subject to a proffer to the 27 Court or a stipulation of the parties that such witnesses need to know such 28 information; (e) present or former employees of the producing party in ________________________________________________________________________________________________________ PROTECTIVE ORDER 3 CASE NO. 2:17-cv-03122-JCM-PAL Case 2:17-cv-03122-JCM-PAL Document 23 Filed 04/26/18 Page 4 of 10 1 connection with their depositions in this action (provided that no former 2 employees shall be shown documents prepared after the date of his or her 3 departure); and (f) experts specifically retained as consultants or expert 4 witnesses in connection with this litigation. 5 7. Documents produced pursuant to this Order shall not be made available to any 6 person designated in Subparagraph 6 (f) unless he or she shall have first read 7 this Order, agreed to be bound by its terms, and signed the attached Declaration 8 of Compliance. 9 8. Third parties who are the subject of discovery requests, subpoenas or 10 depositions in this case may take advantage of the provisions of this Protective 11 Order by providing the parties with written notice that they intend to comply 12 with and be bound by the terms of this Protective Order. 13 9. All persons receiving any or all documents produced pursuant to this Order 14 shall be advised of their confidential nature. All persons to whom confidential 15 information and/or documents are disclosed are hereby enjoined from 16 disclosing same to any person except as provided herein, and are further 17 enjoined from using same except in the preparation for and trial of the above- 18 captioned action between the named parties thereto. No person receiving or 19 reviewing such confidential documents, information or transcript shall 20 disseminate or disclose them to any person other than those described above in 21 Paragraph 6 and for the purposes specified, and in no event, shall such person 22 make any other use of such document or transcript. 23 10. or materials designated “Confidential.” 24 25 Nothing in this Order shall prevent a party from using at trial any information 11. This Order has been agreed to by the parties to facilitate discovery and the 26 production of relevant evidence in this action. Neither the entry of this Order, 27 nor the designation of any information, document, or the like as “Confidential,” 28 ________________________________________________________________________________________________________ PROTECTIVE ORDER 4 CASE NO. 2:17-cv-03122-JCM-PAL Case 2:17-cv-03122-JCM-PAL Document 23 Filed 04/26/18 Page 5 of 10 1 nor the failure to make such designation, shall constitute evidence with respect 2 to any issue in this action. 3 12. Inadvertent failure to designate any document, transcript, or other materials 4 “Confidential” will not constitute a waiver of an otherwise valid claim of 5 confidentiality pursuant to this Order, so long as a claim of confidentiality is 6 promptly asserted after discovery of the inadvertent failure. If a party 7 designates a document as “Confidential” after it was initially produced, the 8 receiving party, on notification of the designation, must make a reasonable 9 effort to assure that the document is treated in accordance with the provisions 10 of this Order, and upon request from the producing party certify that the 11 designated documents have been maintained as confidential information. The 12 designating party shall have the burden of proving that any document 13 designated as CONFIDENTIAL is entitled to such protection. 14 13. Within sixty (60) days after the final termination of this litigation, all 15 documents, transcripts, or other materials afforded confidential treatment 16 pursuant to this Order, including any extracts, summaries or compilations taken 17 therefrom, but excluding any materials which in the good faith judgment of 18 counsel are work product materials, shall be returned to the Producing Party. 19 In lieu of return, the parties may agree to destroy the documents, to the extent 20 practicable. 21 destruction to the Producing Party within 14 days of document destruction. 22 14. The party destroying documents must send a letter certifying In the event that any party to this litigation disagrees at any point in these 23 proceedings with any designation made under this Protective Order, the parties 24 shall first try to resolve such dispute in good faith on an informal basis. If the 25 dispute cannot be resolved, the party objecting to the designation may seek 26 appropriate relief from this Court. During the pendency of any challenge to the 27 designation of a document or information, the designated document or 28 ________________________________________________________________________________________________________ PROTECTIVE ORDER 5 CASE NO. 2:17-cv-03122-JCM-PAL Case 2:17-cv-03122-JCM-PAL Document 23 Filed 04/26/18 Page 6 of 10 1 information shall continue to be treated as “Confidential” subject to the 2 provisions of this Protective Order. 3 15. Nothing herein shall affect or restrict the rights of any party with respect to its 4 own documents or to the information obtained or developed independently of 5 documents, transcripts and materials afforded confidential treatment pursuant 6 to this Order. 7 /// 8 /// 9 /// 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ________________________________________________________________________________________________________ PROTECTIVE ORDER 6 CASE NO. 2:17-cv-03122-JCM-PAL Case 2:17-cv-03122-JCM-PAL Document 23 Filed 04/26/18 Page 7 of 10 1 2 16. The Court retains the right to allow disclosure of any subject covered by this 3 stipulation or to modify this stipulation at any time in the interest of justice. 4 IT IS SO STIPULATED. 5 6 DATED this 26th day of April 2018. KAZEROUNI LAW GROUP, APC 7 8 9 10 By: /s/ Michael Kind Michael Kind, Esq. 6069 S. Fort Apache Rd., Ste 100 Las Vegas, NV 89148 Attorneys for Plaintiff 11 12 LEWIS BRISBOIS BISGAARD & SMITH LLP 13 By: /s/ Jason Revzin Jason Revzin, Esq. 6385 S. Rainbow Blvd., Ste. 600 Las Vegas, NV 89118 Attorneys for Defendant Trans Union LLC 14 15 16 17 18 NAYLOR & BRASTER ATTORNEYS AT LAW 19 By: /s/ Andrew J. Sharples Jennifer L. Braster, Esq. Andrew J. Sharples, Esq. 1050 Indigo Dr., Ste. 200 Las Vegas, NV 89145 Attorneys for Defendant Experian Information Solutions, Inc. 20 21 22 23 24 IT IS SO ORDERED: 25 ______________________________________ UNITED STATES MAGISTRATE JUDGE 26 27 May 8, 2018 DATED:____________________________ 28 ________________________________________________________________________________________________________ PROTECTIVE ORDER 7 CASE NO. 2:17-cv-03122-JCM-PAL Case 2:17-cv-03122-JCM-PAL Document 23 Filed 04/26/18 Page 8 of 10 1 EXHIBIT A 2 DECLARATION OF COMPLIANCE 3 I, _____________________________________, declare as follows: 4 1. 5 6 7 8 9 10 11 12 13 14 15 16 My address is ______________________________________ _____________________________________________________________. 2. My present employer is _______________________________ _____________________________________________________________. 3. My present occupation or job description is ________________ _____________________________________________________________. 4 I have received a copy of the Stipulated Protective Order entered in this action on _______________, 20___. 5. I have carefully read and understand the provisions of this Stipulated Protective Order. 6. I will comply with all provisions of this Stipulated Protective Order. 7. I will hold in confidence, and will not disclose to anyone not 17 qualified under the Stipulated Protective Order, any information, documents 18 or other materials produced subject to this Stipulated Protective Order. 19 8. I will use such information, documents or other materials 20 produced subject to this Stipulated Protective Order only for purposes of this 21 present action. 22 9. Upon termination of this action, or upon request, I will return and 23 deliver all information, documents or other materials produced subject to this 24 Stipulated Protective Order, and all documents or things which I have 25 prepared relating to the information, documents or other materials that are 26 subject to the Stipulated Protective Order, to my counsel in this action, or to 27 counsel for the party by whom I am employed or retained or from whom I 28 received the documents. ________________________________________________________________________________________________________ PROTECTIVE ORDER 8 CASE NO. 2:17-cv-03122-JCM-PAL Case 2:17-cv-03122-JCM-PAL Document 23 Filed 04/26/18 Page 9 of 10 1 10. I hereby submit to the jurisdiction of this Court for the purposes of 2 enforcing the Stipulated Protective Order in this action. I declare under penalty of 3 perjury under the laws of the United States that the following is true and correct. 4 5 Executed this ____ day of _____________, 2018 at __________________. 6 7 Signature: Firm: Name: Address: Position: Phone: 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ________________________________________________________________________________________________________ PROTECTIVE ORDER 9 CASE NO. 2:17-cv-03122-JCM-PAL Case 2:17-cv-03122-JCM-PAL Document 23 Filed 04/26/18 Page 10 of 10 CERTIFICATE OF SERVICE 1 2 3 I HEREBY CERTIFY that on April 26, 2018, the foregoing Stipulated Protective Order was served via CM/ECF to all parties appearing in this case. 4 KAZEROUNI LAW GROUP, APC 5 6 By: /s/ Michael Kind Michael Kind, Esq. 6069 S. Fort Apache Rd., Ste. 100 Las Vegas, NV 89148 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ________________________________________________________________________________________________________ PROTECTIVE ORDER 10 CASE NO. 2:17-cv-03122-JCM-PAL
]]>
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You
should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
