Driskell v. Towne Mortgage Company et al, No. 2:2017cv03139 - Document 38 (D. Nev. 2018)
Court Description: ORDER granting ECF No. 37 Second Stipulation for Protective Order. See order for further details. Signed by Magistrate Judge George Foley, Jr on 5/23/2018. (Copies have been distributed pursuant to the NEF - LH)
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Driskell v. Towne Mortgage Company et al 1 2 3 4 5 6 7 8 9 10 11 12 Doc. 38 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 Frankie M. Driskell 13 UNITED STATES DISTRICT COURT DISTRICT OF NEVADA 14 15 16 Frankie M. Driskell, 17 Plaintiff, 18 v. 19 Towne Mortgage Company, LenderLive Network, LLC, Experian Information Solutions, Inc., Equifax Information Services, LLC and Trans Union LLC, 20 21 22 23 Case No. 2:17-cv-03139-MMD-GWF [PROPOSED] STIPULATED PROTECTIVE ORDER Defendants. 24 25 26 27 28 IT IS HEREBY STIPULATED by and between Plaintiff Frankie M. Driskell (“Plaintiff”) and Defendants Towne Mortgage Company, LenderLive Network, LLC, ________________________________________________________________________________________________________ PROTECTIVE ORDER 1 CASE NO. 2:17-CV-03139-MMD-GWF Dockets.Justia.com 1 and Experian Information Solutions, Inc., (“Defendants”) (Plaintiff and Defendants 2 collectively referred to herein as “the Parties” and severally a “Party”), by and 3 through their counsel of record, as follows: 4 WHEREAS, documents and information have been and may be sought, 5 produced or exhibited by and among the Parties to this action relating to trade secrets, 6 confidential research, development, technology or other proprietary information 7 belonging to any of the defendants and/or personal income, credit and other 8 confidential information of Plaintiff ("Confidential Material"). THEREFORE, an Order of this Court protecting such Confidential Material 9 10 shall be and hereby is made by this Court on the following terms: 11 1. This Order shall govern the use, handling and disclosure of all documents, 12 testimony or information produced or given in this action which are designated 13 as Confidential Material in accordance with this Order in accordance with the 14 terms hereof. 15 2. Any Party or non-party producing or filing documents or other materials in this 16 action may designate such materials and the information contained therein as 17 Confidential Material by typing or stamping on the front of the document, or 18 on the portion(s) of the document for which confidential treatment is 19 designated, “Confidential.” The burden of proof to establish that the 20 information or document is entitled to such protection is on the Party that 21 designated the information or document as Confidential, as detailed in 22 Paragraph 14 of this Order. 23 3. To the extent any motions, briefs, pleadings, deposition transcripts, or other 24 papers to be filed with the Court incorporate Confidential Material, the Party 25 filing such papers shall designate such materials, or portions thereof, as 26 “Confidential,” and shall file them with the clerk under seal; provided, 27 however, that a copy of such filing having the Confidential Material redacted 28 ________________________________________________________________________________________________________ PROTECTIVE ORDER 2 CASE NO. 2:17-CV-03139-MMD-GWF 1 therefrom may be made part of the public record. Any Party filing any 2 document under seal must comply with the requirements of Local Rules. 3 4. All documents, transcripts, or other materials designated as Confidential, and 4 all information derived therefrom (including, but not limited to, all testimony, 5 deposition, or otherwise, that refers, reflects or otherwise discusses any 6 information designated as Confidential Material), shall not be used, directly 7 or indirectly, by any Party, for commercial or competitive purposes or for any 8 purpose whatsoever other than solely for the preparation and trial of this action 9 in accordance with the provisions of this Order. 10 5. All depositions or portions of depositions taken in this action that contain 11 Confidential Material may be designated as “Confidential” and thereby obtain 12 the protections accorded other confidential information. The Parties shall have 13 twenty-one (21) days from the date a deposition is taken, or fourteen (14) days 14 from the date a deposition transcript is received, whichever date is greater, to 15 serve a notice to all Parties designating portions as “Confidential.” Until such 16 time, all deposition testimony shall be treated as Confidential Material in 17 accordance with this Order. To the extent any designations are made on the 18 record during the deposition, the designating Party need not serve a notice re- 19 designating those portions of the transcript as Confidential Material. Any party 20 may challenge any such designation in accordance with Paragraph 14 of this 21 Order. 22 6. 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 24 Order after notice, any document, transcript or pleading given “Confidential” 25 treatment under this Order, and any information contained in, or derived from 26 any such materials (including but not limited to, all deposition testimony that 27 refers, reflects or otherwise discusses any information designated confidential 28 hereunder) may not be disclosed other than in accordance with this Order and ________________________________________________________________________________________________________ PROTECTIVE ORDER 3 CASE NO. 2:17-CV-03139-MMD-GWF 1 may not be disclosed to any person other than: (a) the Court and its officers; (b) 2 Parties to this litigation; (c) counsel for the Parties, whether retained counsel or 3 in-house counsel and employees of counsel assigned to assist such counsel in 4 the preparation of this litigation; (d) any fact witnesses who need to know such 5 information; (e) present or former employees of the producing party in 6 connection with their depositions in this action (provided that no former 7 employees shall be shown documents prepared after the date of his or her 8 departure); (f) any individual who had received the Confidential Material at any 9 time in the past and (f) experts specifically retained as consultants or expert witnesses in connection with this litigation. 10 11 7. Documents produced pursuant to this Order shall not be made available to any 12 person designated in Subparagraph 6 (g) unless he or she shall have first read 13 this Order, agreed to be bound by its terms, and signed the attached Declaration 14 of Compliance. 15 8. Third parties who are the subject of discovery requests, subpoenas or 16 depositions in this case may take advantage of the provisions of this Protective 17 Order by providing the Parties with written notice that they intend to comply 18 with and be bound by the terms of this Protective Order. 19 9. All persons receiving any or all documents designated as Confidential pursuant 20 to this Order shall be advised of their confidential nature. All persons to whom 21 Confidential Material is disclosed may not disclose such Confidential Material 22 such Confidential Material to any person except as provided herein, and may 23 not use the same except in the preparation for and trial of the above-captioned 24 action between the named Parties thereto. No person receiving or reviewing 25 ConfidentialMaterial, information or transcript shall disseminate or disclose 26 them to any person other than those described above in Paragraph 6 and for the 27 purposes specified, and in no event, shall such person make any other use of 28 such document or transcript. ________________________________________________________________________________________________________ PROTECTIVE ORDER 4 CASE NO. 2:17-CV-03139-MMD-GWF 1 10. or materials designated “Confidential.” 2 3 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 4 production of relevant evidence in this action. Neither the entry of this Order, 5 nor the designation of any information, document, or the like as “Confidential,” 6 nor the failure to make such designation, shall constitute evidence with respect 7 to any issue in this action. 8 12. Inadvertent failure to designate any document, transcript, or other materials 9 “Confidential” will not constitute a waiver of an otherwise valid claim of 10 confidentiality pursuant to this Order, so long as a claim of confidentiality is 11 promptly asserted after discovery of the inadvertent failure. If a party 12 designates a document as “Confidential” after it was initially produced, the 13 receiving party, on notification of the designation, must make a reasonable 14 effort to assure that the document is treated in accordance with the provisions 15 of this Order, and upon request from the producing party certify that the 16 designated documents have been maintained as confidential information. The 17 designating party shall have the burden of proving that any document 18 designated as CONFIDENTIAL is entitled to such protection. 19 13. Within sixty (60) days after the final termination of this litigation, all 20 documents, transcripts, or other materials afforded confidential treatment 21 pursuant to this Order, including any extracts, summaries or compilations taken 22 therefrom, but excluding any materials which in the good faith judgment of 23 counsel are work product materials, shall be returned to the Producing Party. 24 In lieu of return, the parties may agree to destroy the documents, to the extent 25 practicable. The party destroying documents must send a letter certifying 26 destruction to the Producing Party within 14 days of document destruction. 27 28 14. In the event that any Party to this litigation disagrees at any point in these proceedings with any designation as Confidential made under this Protective ________________________________________________________________________________________________________ PROTECTIVE ORDER 5 CASE NO. 2:17-CV-03139-MMD-GWF 1 Order, the Parties shall first try to resolve such dispute in good faith on an 2 informal basis. 3 designation or the Party objecting to the designation may seek appropriate relief 4 from this Court. The burden of proof to establish that the information or 5 document is entitled to such protection is on the Party that designated the 6 information or document as Confidential. During the pendency of any 7 challenge to the designation of a document or information, the designated 8 document or information shall continue to be treated as “Confidential” subject 9 to the provisions of this Protective Order. 10 15. If the dispute cannot be resolved, the Party making the Nothing herein shall affect or restrict the rights of any Party with respect to its 11 own documents or to the information obtained or developed independently of 12 documents, transcripts and materials afforded confidential treatment pursuant 13 to this Order. 14 /// 15 /// 16 /// 17 18 19 20 21 22 23 24 25 26 27 28 ________________________________________________________________________________________________________ PROTECTIVE ORDER 6 CASE NO. 2:17-CV-03139-MMD-GWF 1 16. The Court retains the right to allow disclosure of any subject covered by this 2 stipulation or to modify this stipulation at any time in the interest of justice. 3 IT IS SO STIPULATED. 4 DATED this 21st day of May 2018. 5 6 7 8 9 10 KAZEROUNI LAW GROUP, APC MORRIS LAW GROUP By: /s/ Michael Kind Michael Kind, Esq. 6069 S. Fort Apache Rd., Ste 100 Las Vegas, NV 89148 Attorneys for Plaintiff By: /s/ Steve L. Morris Steve L. Morris, Esq. Raleigh C. Thompson, Esq. 411 E. Bonneville Ave., Ste. 360 Las Vegas, NV 89101 Attorneys for Defendant Towne Mortgage Company NAYLOR & BRASTER BALLARD SPAHR LLP 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. By: /s/ Stacy H. Rubin Joel Edward Tasca, Esq. Stacy H. Rubin, Esq. 1980 Festival Plaza Drive, Ste 900 Las Vegas, NV 89135 Attorneys for Defendant LenderLive Network, LLC 11 12 13 14 15 16 17 18 19 20 21 IT IS SO ORDERED: 22 ______________________________________ UNITED STATES MAGISTRATE JUDGE 23 24 DATED:____________________________ 5/23/2018 25 26 27 28 ________________________________________________________________________________________________________ PROTECTIVE ORDER 7 CASE NO. 2:17-CV-03139-MMD-GWF
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