Harris v. Experian Information Solutions, Inc et al, No. 2:2018cv01292 - Document 29 (D. Nev. 2018)
Court Description: ORDER granting 28 Stipulated Protective Order; Signed by Magistrate Judge Nancy J. Koppe on 9/28/2018. (Copies have been distributed pursuant to the NEF - JM)
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Harris v. Experian Information Solutions, Inc et al 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Doc. 29 Matthew I. Knepper, Esq. Nevada Bar No. 12796 Miles N. Clark, Esq. Nevada Bar No. 13848 KNEPPER & CLARK LLC 10040 W. Cheyenne Ave., Suite 170-109 Las Vegas, NV 89129 Phone: (702) 825-6060 Fax: (702) 447-8048 Email: matthew.knepper@knepperclark.com Email: miles.clark@knepperclark.com David H. Krieger, Esq. Nevada Bar No. 9086 HAINES & KRIEGER, LLC 8985 S. Eastern Ave., Suite 350 Henderson, NV 89123 Phone: (702) 880-5554 Fax: (702) 385-5518 Email: dkrieger@hainesandkrieger.com Attorneys for Plaintiff 15 UNITED STATES DISTRICT COURT 16 DISTRICT OF NEVADA 17 EARNESTEEN HARRIS, 18 19 20 21 22 23 24 Case No.: 2:18-cv-01292-GMN-NJK Plaintiff, [PROPOSED] STIPULATED PROTECTIVE ORDER vs. EXPERIAN INFORMATION SOLUTIONS, INC.; EQUIFAX INFORMATION SERVICES LLC; TRANSUNION, LLC; and ARVEST CENTRAL MORTGAGE COMPANY, Defendants. 25 IT IS HEREBY STIPULATED by and between Plaintiff Earnesteen Harris (“Plaintiff”) 26 and Defendants Experian Information Solutions, Inc (“Experian”); Equifax Information Services, 27 LLC (“Equifax”); Trans Union LLC (“Trans Union”); and Arvest Central Mortgage Company 28 [Proposed] Stipulated Protective Order - 1 Dockets.Justia.com 1 2 3 4 5 6 7 8 9 (“Arvest”) (collectively, the “Parties”), by and through their counsel of record, as follows: WHEREAS, documents and information have been and may be sought, produced or exhibited by and among the parties to this action relating to trade secrets, confidential research, development, technology or other proprietary information belonging to the defendants and/or personal income, credit and other confidential information of Plaintiff. THEREFORE, an Order of this Court protecting such confidential information 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, 10 testimony or information produced or given in this action which are designated to be subject to 11 this Order in accordance with the terms hereof. 12 2. Any party or non-party producing or filing documents or other materials in this 13 action may designate such materials and the information contained therein subject to this Order by 14 typing or stamping on the front of the document, or on the portion(s) of the document for which 15 confidential treatment is designated, “Confidential.” 16 3. To the extent any motions, briefs, pleadings, deposition transcripts, or other papers 17 to be filed with the Court incorporate documents or information subject to this Order, the party 18 filing such papers shall designate such materials, or portions thereof, as “Confidential,” and shall 19 file them with the clerk under seal; provided, however, that a copy of such filing having the 20 confidential information deleted therefrom may be made part of the public record. Any party filing 21 any document under seal must comply with the requirements of Local Rules. 22 23 24 25 26 27 28 4. All documents, transcripts, or other materials subject to this Order, and all information derived therefrom (including, but not limited to, all testimony, deposition, or otherwise, that refers, reflects or otherwise discusses any information designated Confidential hereunder), shall not be used, directly or indirectly, by any person, including Plaintiff, Experian, Equifax, Trans Union and Arvest, for commercial or competitive purposes or for any purpose whatsoever other than solely for the preparation and trial of this action in accordance with the [Proposed] Stipulated Protective Order - 2 1 2 3 4 5 6 7 8 9 provisions of this Order. 5. All depositions or portions of depositions taken in this action that contain confidential information may be designated as “Confidential” and thereby obtain the protections accorded other confidential information. The parties shall have twenty-one (21) days from the date a deposition is taken, or fourteen (14) days from the date a deposition transcript is received, whichever date is greater, to serve a notice to all parties designating portions as “Confidential.” Until such time, all deposition testimony shall be treated as confidential information. To the extent any designations are made on the record during the deposition, the designating party need not serve 10 a notice re-designating those portions of the transcript as confidential information. Any party may 11 challenge any such designation in accordance with Paragraph 14 of this Order. 12 6. Except with the prior written consent of the individual or entity designating a 13 document or portions of a document as “Confidential,” or pursuant to prior Order after notice, any 14 document, transcript or pleading given “Confidential” treatment under this Order, and any 15 information contained in, or derived from any such materials (including but not limited to, all 16 deposition testimony that refers, reflects or otherwise discusses any information designated 17 confidential hereunder) may not be disclosed other than in accordance with this Order and may 18 not be disclosed to any person other than: (a) the Court and its officers; (b) parties to this litigation; 19 (c) counsel for the parties, whether retained counsel or in-house counsel and employees of counsel 20 assigned to assist such counsel in the preparation of this litigation; (d) fact witnesses subject to a 21 proffer to the Court or a stipulation of the parties that such witnesses need to know such 22 information; (e) present or former employees of the producing party in connection with their 23 24 25 26 27 28 depositions in this action (provided that no former employees shall be shown documents prepared after the date of his or her departure); and (f) experts specifically retained as consultants or expert witnesses in connection with this litigation. 7. Documents produced pursuant to this Order shall not be made available to any person designated in Subparagraph 6(f) unless he or she shall have first read this Order, agreed to [Proposed] Stipulated Protective Order - 3 1 2 3 4 5 6 7 8 9 be bound by its terms, and signed the attached Declaration of Compliance. 8. Third parties who are the subject of discovery requests, subpoenas or depositions in this case may take advantage of the provisions of this Protective Order by providing the parties with written notice that they intend to comply with and be bound by the terms of this Protective Order. 9. All persons receiving any or all documents produced pursuant to this Order shall be advised of their confidential nature. All persons to whom confidential information and/or documents are disclosed are hereby enjoined from disclosing same to any person except as 10 provided herein and are further enjoined from using same except in the preparation for and trial of 11 the above-captioned action between the named parties thereto. No person receiving or reviewing 12 such confidential documents, information or transcript shall disseminate or disclose them to any 13 person other than those described above in Paragraph 6 and for the purposes specified, and in no 14 event, shall such person make any other use of such document or transcript. 15 16 17 10. Nothing in this Order shall prevent a party from using at trial any information or materials designated “Confidential.” 11. This Order has been agreed to by the parties to facilitate discovery and the 18 production of relevant evidence in this action. Neither the entry of this Order, nor the designation 19 of any information, document, or the like as “Confidential,” nor the failure to make such 20 designation, shall constitute evidence with respect to any issue in this action. 21 22 23 24 25 26 27 28 12. Inadvertent failure to designate any document, transcript, or other materials “Confidential” will not constitute a waiver of an otherwise valid claim of confidentiality pursuant to this Order, so long as a claim of confidentiality is promptly asserted after discovery of the inadvertent failure. If a party designates a document as “Confidential” after it was initially produced, the receiving party, on notification of the designation, must make a reasonable effort to assure that the document is treated in accordance with the provisions of this Order, and upon request from the producing party certify that the designated documents have been maintained as [Proposed] Stipulated Protective Order - 4 1 2 3 4 5 6 7 8 9 10 confidential information. 13. If any party objects to any designation of any materials as “Confidential,” the parties shall attempt in good faith to resolve such objection by agreement. If the parties cannot resolve their objections by agreement, the party objecting to the designation may seek the assistance of the Court. A party shall have thirty (30) days from the time a “Confidential” designation is made to challenge the propriety of the designation. Until an objection has been resolved by agreement of counsel or by order of the Court, the materials shall be treated as Confidential and subject to this Order. 14. See order issued concurrently herewithin. 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 15. 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 any extracts, summaries or compilations taken therefrom, but excluding any materials which in the [Proposed] Stipulated Protective Order - 5 1 2 3 4 5 6 7 8 9 10 good faith judgment of counsel are work product materials, shall be returned to the Producing Party. In lieu of return, the parties may agree to destroy the documents, to the extent practicable. 16. Nothing herein shall affect or restrict the rights of any party with respect to its own documents or to the information obtained or developed independently of documents, transcripts and materials afforded confidential treatment pursuant to this Order. 17. 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. IT IS SO STIPULATED. Dated September 27, 2018 11 KNEPPER & CLARK LLC NAYLOR & BRASTER 12 /s/ Miles N. Clark Matthew I. Knepper, Esq. Nevada Bar No. 12796 Miles N. Clark, Esq. Nevada Bar No. 13848 KNEPPER & CLARK LLC 10040 W. Cheyenne Ave., Suite 170-109 Las Vegas, NV 89129 Phone: (702) 825-6060 Fax: (702) 447-8048 Email: matthew.knepper@knepperclark.com Email: miles.clark@knepperclark.com /s/ Andrew J. Sharples Jennifer L. Braster, Esq. Nevada Bar No. 9982 Andrew J. Sharples, Esq. Nevada Bar No. 12866 1050 Indigo Drive, Suite 200 Las Vegas, NV 89145 Email: jbraster@nblawnv.com Email: asharples@nblawnv.com 13 14 15 16 17 18 19 23 HAINES & KRIEGER, LLC David H. Krieger, Esq. Nevada Bar No. 9086 8985 S. Eastern Avenue, Suite 350 Henderson, NV 89123 dkrieger@hainesandkrieger.com 24 Counsel for Plaintiff 20 21 22 25 26 27 28 [Proposed] Stipulated Protective Order - 6 JONES DAY Katherine A. Neben, Esq. 3161 Michelson Drive Irvine, CA 92612 Email: kneben@jonesday.com Counsel for Defendant Experian Information Solutions, Inc. 1 LEWIS BRISBOIS BISGAARD & SMITH LLP SNELL& WILMER LLP 2 /s/ Jason G. Revzin Jason G. Revzin, Esq. Nevada Bar No. 8629 6385 S. Rainbow Blvd., Suite 600 Las Vegas, NV 89118 Email: jason.revzin@lewisbrisbois.com /s/ Bradley T. Austin Bradley T. Austin, Esq. Nevada Bar No. 13064 3883 Howard Hughes Pkwy., Suite 1100 Las Vegas, NV 89169 Email: baustin@swlaw.com Counsel for Defendant Trans Union LLC Counsel for Defendant Equifax Information Services, LLC 3 4 5 6 7 8 9 10 11 12 13 14 15 WRIGHT FINLAY & ZAK LLP /s/ Ramir M. Hernandez Ramir M. Hernandez, Esq. Nevada Bar No. 13146 7785 W. Sahara Ave., Suite 200 Las Vegas, NV 89117 Email: rhernandez@wrightlegal.net Counsel for Defendant Arvest Central Mortgage Company Harris v. Experian Information Solutions, Inc et al 2:18-cv-01292-GMN-NJK 16 17 ORDER GRANTING 18 STIPULATED PROTECTIVE ORDER 19 20 IT IS SO ORDERED. 21 22 Sept 28 _____ 2018 Dated: __________, 23 24 25 26 27 28 [Proposed] Stipulated Protective Order - 7 UNITED STATES MAGISTRATE JUDGE
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