Castronova v. Credit One Bank et al, No. 2:2018cv01786 - Document 38 (D. Nev. 2018)
Court Description: STIPULATED PROTECTIVE ORDER Granting 30 Stipulation. Signed by Magistrate Judge Peggy A. Leen on 11/14/2018. (Copies have been distributed pursuant to the NEF - MMM)
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Castronova v. Credit One Bank et al Doc. 38 Case 2:18-cv-01786-RFB-PAL Document 30 Filed 11/07/18 Page 1 of 9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Matthew I. Knepper, Esq. Nevada Bar No. 12796 Miles N. Clark, Esq. Nevada Bar No. 13848 Shaina R. Plaksin, Esq. Nevada Bar No. 13935 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 Email: Shaina.plaksin@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 15 Attorneys for Plaintiff 16 UNITED STATES DISTRICT COURT 17 DISTRICT OF NEVADA 18 19 MONIKA CASTRONOVA, Plaintiff, 20 21 22 23 24 25 Case No.: 2:18-cv-01786-RFB-PAL STIPULATED PROTECTIVE ORDER vs. CREDIT ONE BANK; PENNYMAC LOAN SERVICES LLC; WELLS FARGO DEALER SERVICES; EXPERIAN INFORMATION SOLUTIONS, INC.; EQUIFAX INFORMATION SERVICES LLC; and TRANS UNION LLC, 26 Defendants. 27 28 [Proposed] Stipulated Protective Order - 1 Dockets.Justia.com Case 2:18-cv-01786-RFB-PAL Document 30 Filed 11/07/18 Page 2 of 9 1 IT IS HEREBY STIPULATED by and between Plaintiff Monika Castronova (“Plaintiff”) 2 and Defendant(s) Wells Fargo Dealer Services (“Wells Fargo”); Experian Information Solutions, 3 Inc., (“Experian”); and Trans Union LLC (“Trans Union”) (collectively, the “Parties”), by and 4 through their counsel of record, as follows: 5 6 7 8 9 10 11 12 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, 13 testimony or information produced or given in this action which are designated to be subject to 14 this Order in accordance with the 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 subject to this Order by 17 typing or stamping on the front of the document, or on the portion(s) of the document for which 18 confidential treatment is designated, “Confidential.” 19 3. To the extent any motions, briefs, pleadings, deposition transcripts, or other papers 20 to be filed with the Court incorporate documents or information subject to this Order, the party 21 filing such papers shall designate such materials, or portions thereof, as “Confidential,” and shall 22 23 24 25 file them with the clerk under seal; provided, however, that a copy of such filing having the confidential information deleted therefrom may be made part of the public record. Any party filing any document under seal must comply with the requirements of Local Rules. 4. All documents, transcripts, or other materials subject to this Order, and all 26 information derived therefrom (including, but not limited to, all testimony, deposition, or 27 otherwise, that refers, reflects or otherwise discusses any information designated Confidential 28 [Proposed] Stipulated Protective Order - 2 Case 2:18-cv-01786-RFB-PAL Document 30 Filed 11/07/18 Page 3 of 9 1 hereunder), shall not be used, directly or indirectly, by any person, including Plaintiff, COB, Wells 2 Fargo, Experian, Equifax and Trans Union for commercial or competitive purposes or for any 3 purpose whatsoever other than solely for the preparation and trial of this action in accordance with 4 the provisions of this Order. 5 6 7 8 9 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, 10 whichever date is greater, to serve a notice to all parties designating portions as “Confidential.” 11 Until such time, all deposition testimony shall be treated as confidential information. To the extent 12 any designations are made on the record during the deposition, the designating party need not serve 13 a notice re-designating those portions of the transcript as confidential information. Any party may 14 challenge any such designation in accordance with Paragraph 13 of this Order. 15 6. Except with the prior written consent of the individual or entity designating a 16 document or portions of a document as “Confidential,” or pursuant to prior Order after notice, any 17 document, transcript or pleading given “Confidential” treatment under this Order, and any 18 information contained in, or derived from any such materials (including but not limited to, all 19 deposition testimony that refers, reflects or otherwise discusses any information designated 20 confidential hereunder) may not be disclosed other than in accordance with this Order and may 21 not be disclosed to any person other than: (a) the Court and its officers; (b) parties to this litigation; 22 23 24 25 (c) counsel for the parties, whether retained counsel or in-house counsel and employees of counsel assigned to assist such counsel in the preparation of this litigation; (d) fact witnesses subject to a proffer to the Court or a stipulation of the parties that such witnesses need to know such information; (e) present or former employees of the producing party in connection with their 26 depositions in this action (provided that no former employees shall be shown documents prepared 27 after the date of his or her departure); and (f) experts specifically retained as consultants or expert 28 [Proposed] Stipulated Protective Order - 3 Case 2:18-cv-01786-RFB-PAL Document 30 Filed 11/07/18 Page 4 of 9 1 witnesses in connection with this litigation. 2 7. Documents produced pursuant to this Order shall not be made available to any 3 person designated in Subparagraph 6 (f) unless he or she shall have first read this Order, agreed to 4 be bound by its terms, and signed the attached Declaration of Compliance. 5 8. 6 7 8 9 10 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 11 be advised of their confidential nature. All persons to whom confidential information and/or 12 documents are disclosed are hereby enjoined from disclosing same to any person except as 13 provided herein and are further enjoined from using same except in the preparation for and trial of 14 the above-captioned action between the named parties thereto. No person receiving or reviewing 15 such confidential documents, information or transcript shall disseminate or disclose them to any 16 person other than those described above in Paragraph 6 and for the purposes specified, and in no 17 event, shall such person make any other use of such document or transcript. 18 19 20 21 22 23 24 25 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 production of relevant evidence in this action. Neither the entry of this Order, nor the designation of any information, document, or the like as “Confidential,” nor the failure to make such designation, shall constitute evidence with respect to any issue in this action. 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 26 to this Order, so long as a claim of confidentiality is promptly asserted after discovery of the 27 inadvertent failure. If a party designates a document as “Confidential” after it was initially 28 [Proposed] Stipulated Protective Order - 4 Case 2:18-cv-01786-RFB-PAL Document 30 Filed 11/07/18 Page 5 of 9 1 produced, the receiving party, on notification of the designation, must make a reasonable effort to 2 assure that the document is treated in accordance with the provisions of this Order, and upon 3 request from the producing party certify that the designated documents have been maintained as 4 confidential information. 5 13. 6 7 8 9 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” 10 designation is made to challenge the propriety of the designation. Until an objection has been 11 resolved by agreement of counsel or by order of the Court, the materials shall be treated as 12 Confidential and subject to this Order. 14. 13 Within sixty (60) days after the final termination of this litigation, all documents, 14 transcripts, or other materials afforded confidential treatment pursuant to this Order, including any 15 extracts, summaries or compilations taken therefrom, but excluding any materials which in the 16 good faith judgment of counsel are work product materials, shall be returned to the Producing 17 Party. In lieu of return, the parties may agree to destroy the documents, to the extent practicable. 18 19 15. designated as CONFIDENTIAL is entitled to such protection. 20 21 22 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. 23 24 The designating party shall have the burden of proving that any document 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. 25 26 /// 27 28 [Proposed] Stipulated Protective Order - 5 Case 2:18-cv-01786-RFB-PAL Document 30 Filed 11/07/18 Page 6 of 9 1 2 3 4 5 6 7 8 9 10 IT IS SO STIPULATED. Dated November 7, 2018 KNEPPER & CLARK LLC NAYLOR & BRASTER /s/ Shaina R. Plaksin Matthew I. Knepper, Esq. Nevada Bar No. 12796 Miles N. Clark, Esq. Nevada Bar No. 13848 Shaina R. Plaksin, Esq. Nevada Bar No. 13935 10040 W. Cheyanne Ave., Suite 170-109 Las Vegas, NV 89129 Email: matthew.knepper@knepperclark.com Email: miles.clark@knepperclark.com Email: shaina.plaksin@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 Counsel for Defendant Experian Information Solutions, Inc. 11 12 13 14 15 David H. Krieger, Esq. Nevada Bar No. 9086 HAINES & KRIEGER, LLC 8985 S. Eastern Avenue, Suite 350 Henderson, NV 89123 dkrieger@hainesandkrieger.com 16 Counsel for Plaintiff 17 LEWIS BRISBOIS BISGAARD & SMITH SNELL & WILMER LLP 18 /s/ Jason Revzin Jason Revzin, Esq. Nevada Bar No. 8629 6385 S. Rainbow Blvd., Suite 600 Las Vegas, NV 89118 Email: jason.revzin@lewisbrisbois.com /s/ Kelly H. Dove Kelly H. Dove, Esq. Nevada Bar No. 6103 3883 Howard Hughes Pkwy. Las Vegas, NV 89169 Email: kdove@swlaw.com Counsel for Defendant Trans Union LLC Counsel for Defendant Wells Fargo Bank, N.A., (incorrectly sued as Wells Fargo Dealer Services) 19 20 21 22 23 24 25 Castronova v. Credit One Bank et al Case No. 2:18-cv-01786-RFB-PAL 26 27 28 [Proposed] Stipulated Protective Order - 6 Case 2:18-cv-01786-RFB-PAL Document 30 Filed 11/07/18 Page 7 of 9 1 ORDER GRANTING 2 STIPULATED PROTECTIVE ORDER 3 4 IT IS SO ORDERED that the Stipulated Protective Order (ECF No. 30) is GRANTED. 5 6 7 Dated: November 14, 2018 UNITED STATES MAGISTRATE JUDGE 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 [Proposed] Stipulated Protective Order - 7 Case 2:18-cv-01786-RFB-PAL Document 30 Filed 11/07/18 Page 8 of 9 1 EXHIBIT A 2 DECLARATION OF COMPLIANCE 3 Castronova v. Credit One Bank et al United States District Court, District of Nevada Case No. 2:18-cv-01786-RFB-PAL 4 5 6 I, _____________________________________, declare as follows: 7 8 1. 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 9 10 11 _______________, 20___. 12 13 14 5. I have carefully read and understand the provisions of this Stipulated Protective 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 qualified under the Order. 15 16 17 Stipulated Protective Order, any information, documents or other materials produced subject to 18 this Stipulated Protective Order. 8. 19 20 I will use such information, documents or other materials produced subject to this Stipulated Protective Order only for purposes of this present action. 9. 21 Upon termination of this action, or upon request, I will return and deliver all 22 information, documents or other materials produced subject to this Stipulated Protective Order, 23 and all documents or things which I have prepared relating to the information, documents or other 24 materials that are subject to the Stipulated Protective Order, to my counsel in this action, or to 25 counsel for the party by whom I am employed or retained or from whom I received the documents. 26 27 /// 28 [Proposed] Stipulated Protective Order - 8 Case 2:18-cv-01786-RFB-PAL Document 30 Filed 11/07/18 Page 9 of 9 1 10. I hereby submit to the jurisdiction of this Court for the purposes of enforcing the 2 Stipulated Protective Order in this action. I declare under penalty of perjury under the laws of the 3 United States that the following is true and correct. 4 Executed this ____ day of _____________, 2018 at __________________. 5 6 _______________________________ QUALIFIED PERSON 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 [Proposed] Stipulated Protective Order - 9
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