Cabebe v. Equifax Information Services, LLC, No. 2:2016cv02866 - Document 21 (D. Nev. 2017)

Court Description: STIPULATED PROTECTIVE ORDER Granting, as amended, 16 Stipulation for Protective Order. Signed by Magistrate Judge Nancy J. Koppe on 2/28/17. (Copies have been distributed pursuant to the NEF - MMM)
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Cabebe v. Equifax Information Services, LLC Doc. 21 Case 2:16-cv-02866-RFB-NJK Document 16 Filed 02/27/17 Page 1 of 7 1 2 3 4 5 6 7 8 9 10 11 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 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 matthew.knepper@knepperclark.com miles.clark@knepperclark.com Attorneys for Plaintiffs UNITED STATES DISTRICT COURT DISTRICT OF NEVADA 12 13 14 15 16 17 18 19 SHARON BARNUM; JERRY P. CABEBE, ROBERT SUSTRIK, and all similarly situated individuals, Plaintiffs, v. EQUIFAX INFORMATION SERVICES, LLC, Defendant. : : : : Civil Action No.: 2:16-cv-2866-RFB-NJK : : [PROPOSED] STIPULATED : PROTECTIVE ORDER : : as amended on p. 2 20 IT IS HEREBY STIPULATED by and between Plaintiffs Sharon Barnum, Jerry Cabebe, 21 and Robert Sustrik (collectively, “Plaintiffs”) and Defendant EQUIFAX INFORMATION 22 SERVICES, LLC (“EQUIFAX”) through their respective attorneys of record as follows: 23 WHEREAS, documents and information have been and may be sought, produced or 24 exhibited by and among the parties to this action relating to trade secrets, confidential research, 25 development, technology or other proprietary information belonging to the Defendant and/or 26 personal income, credit and other confidential information of Plaintiffs. 27 THEREFORE, an Order of this Court protecting such confidential information shall be 28 DMSLIBRARY01:30075915.1 Dockets.Justia.com Case 2:16-cv-02866-RFB-NJK Document 16 Filed 02/27/17 Page 2 of 7 1 2 and hereby is made by this Court on the following terms: 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 See order issued concurrently herewith. 3. To the extent any motions, briefs, pleadings, deposition transcripts, or other See order issued concurrently herewith. 10 papers to be filed with the Court incorporate documents or information subject to this Order, the 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 Plaintiffs and 19 Equifax 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 2 of 7 Case 2:16-cv-02866-RFB-NJK Document 16 Filed 02/27/17 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 8. The parties and their attorneys shall take all necessary and proper steps to 21 preserve the confidentiality and protect the rights of the party asserting confidential treatment 22 with respect to any information designated by said party as “Confidential” in accordance with 23 this Order. 24 9. If “Confidential” information submitted in accordance with this Order is disclosed 25 in violation of this Order, the party responsible for the disclosure must immediately upon 26 learning of the disclosure bring all pertinent facts relating to such disclosure to the attention of 27 the party asserting confidential treatment and make every effort to prevent further disclosure by 28 3 of 7 Case 2:16-cv-02866-RFB-NJK Document 16 Filed 02/27/17 Page 4 of 7 1 2 the responsible party or by the person who was the recipient of such information. 10. Nothing in this Order shall prevent a party from using at the trial of this case any 3 information or materials designated “Confidential.” This Order does not prevent any party from 4 seeking to seal trial transcripts and/or trial exhibits, including documents previously filed under 5 seal, or from seeking any other similar relief. 6 11. This Order has been agreed to by the parties to facilitate discovery and the 7 production of relevant evidence in this action. Neither the entry of this Order, nor the 8 designation of any information, document, or the like as “Confidential,” nor the failure to make 9 such designation, shall constitute evidence with respect to any issue in this action. 10 12. Within sixty (60) days after the final termination of this litigation, all documents, 11 transcripts, or other materials afforded confidential treatment pursuant to this Order, including 12 any extracts, summaries or compilations taken therefrom, but excluding any materials which in 13 the good faith judgment of counsel are work product materials, shall be returned to the producing 14 party. The producing party may elect to have its designated materials destroyed rather than 15 returned, in which case the other party shall provide written verification that the documents, 16 transcripts, or other materials, including any extracts, summaries or compilations taken 17 therefrom, have been destroyed. 18 13. In the event that any party to this litigation disagrees at any point in these 19 proceedings with any designation made under this Protective Order, the parties shall first try to 20 resolve such dispute in good faith on an informal basis. If the dispute cannot be resolved, the 21 party objecting to the designation may seek appropriate relief from this Court. During the 22 pendency of any challenge to the designation of a document or information, the designated 23 document or information shall continue to be treated as “Confidential” subject to the provisions 24 of this Protective Order. 25 14. Nothing herein shall affect or restrict the rights of any party with respect to its 26 own documents or to the information obtained or developed independently of documents, 27 transcripts and materials afforded confidential treatment pursuant to this Order. 28 4 of 7 Case 2:16-cv-02866-RFB-NJK Document 16 Filed 02/27/17 Page 5 of 7 1 2 15. 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. 3 IT IS SO STIPULATED. 4 Dated: February 27, 2017. 5 6 7 8 9 10 11 12 13 /s/ Miles N. Clark, Esq. 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 /s/ Bradley T Austin Nevada Bar No. 13064 SNELL & WILMER LLP 3883 Howard Hughes Pkwy., Ste. 1100 Las Vegas, NV 89169 Attorney for Defendant Equifax Information Services, LLC David H. Krieger, Esq. Nevada Bar No. 9086 HAINES & KRIEGER, LLC 8985 S. Eastern Avenue, Suite 350 Henderson, Nevada 89123 Attorneys for Plaintiffs ORDER 14 IT IS SO ORDERED. 15 February 28, 2017 Dated: __________, _____ UNITED STATES MAGISTRATE JUDGE 16 17 18 19 20 21 22 23 24 25 26 27 28 5 of 7 Case 2:16-cv-02866-RFB-NJK Document 16 Filed 02/27/17 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 8. I will use such information, documents or other materials produced subject to this Stipulated Protective Order only for purposes of this present action. 17 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 20 other materials that are subject to the Stipulated Protective Order, to my counsel in this action, or 21 to counsel for the party by whom I am employed or retained or from whom I received the 22 documents. 23 10. I hereby submit to the jurisdiction of this Court for the purposes of enforcing the 24 Stipulated Protective Order in this action. 25 // 26 // 27 // 28 6 of 7 Case 2:16-cv-02866-RFB-NJK Document 16 Filed 02/27/17 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 _____________, 2017 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 7 of 7