Ryan v. Equifax Information Services, LLC et al, No. 2:2019cv00577 - Document 29 (D. Nev. 2019)
Court Description: ORDER granting 28 Stipulated Protective Order; Signed by Magistrate Judge Elayna J. Youchah on 9/11/2019. (Copies have been distributed pursuant to the NEF - JM)
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Ryan v. Equifax Information Services, LLC et al 1 Doc. 29 David H. Krieger, Esq. Nevada Bar No. 9086 Shawn W. Miller, Esq. Nevada Bar No. 7825 HAINES & KRIEGER, LLC 8985 S. Eastern Ave., Suite 350 Henderson, NV 89123 (T) (702) 880-5554 (F) (702) 967-6665 dkrieger@hainesandkrieger.com smiller@hainesandkrieger.com 2 3 4 5 6 7 8 Attorneys for Plaintiff TIMOTHY D. RYAN 9 UNITED STATES DISTRICT COURT DISTRICT OF NEVADA 10 8985 S. Eastern Avenue, Suite 350 Henderson, Nevada 89123 HAINES & KRIEGER, LLC 11 12 TIMOTHY D. RYAN, Lead Case No.: 2:19-cv-00577-JCM-GWF Member Case: 2:19-cv-00579-APG-NJK Plaintiff, 13 14 vs. 15 EQUIFAX INFORMATION SERVICES, LLC; 16 CARMAX AUTO FINANCE; PENNYMAC LOAN SERVICES LLC; USAA FEDERAL 17 SAVINGS BANK, [PROPOSED] STIPULATED PROTECTIVE ORDER 18 Defendants. 19 DARLENE S. BEDFORD, Plaintiff, 20 21 v. 22 EQUIFAX INFORMATION SERVICES, LLC; CARMAX AUTO FINANCE; PENNYMAC 23 LOAN SERVICES LLC; USAA FEDERAL SAVINGS BANK, 24 Defendants. 25 26 27 28 IT IS HEREBY STIPULATED by and between TIMOTHY D. RYAN and DARLENE S. BEDFORD, Plaintiffs in this consolidated case (“Plaintiffs”) and Dockets.Justia.com 1 Defendant USAA FEDERAL SAVINGS BANK (“USAA” or “Defendant”), 2 collectively the “Parties”, by and through their counsel of record, as follows: 3 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 8985 S. Eastern Avenue, Suite 350 Henderson, Nevada 89123 HAINES & KRIEGER, LLC 7 belonging to the defendants and/or personal income, credit and other confidential 8 information of Plaintiff. 9 THEREFORE, an Order of this Court protecting such confidential information 10 shall be and hereby is made by this Court on the following terms: 11 12 13 14 15 16 17 1. This Order shall govern the use, handling and disclosure of all documents, testimony or information produced or given in this action which are designated to be subject to this Order in accordance with the terms hereof. 2. Any party or non-party producing or filing documents or other materials in this action may designate such materials and the information contained therein subject to this Order by typing or stamping on the front of the document, or on the portion(s) of the document for which confidential treatment is designated, 18 19 20 21 22 23 24 25 26 27 28 “Confidential.” 3. To the extent any motions, briefs, pleadings, deposition transcripts, or other papers to be filed with the Court incorporate documents or information subject to this Order, the party filing such papers shall designate such materials, or portions thereof, as “Confidential,” and shall 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 information derived therefrom (including, but not limited to, all testimony, 2 of 6 1 2 3 4 5 6 8985 S. Eastern Avenue, Suite 350 Henderson, Nevada 89123 HAINES & KRIEGER, LLC 7 8 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 Plaintiffs and USAA, commercial or competitive purposes or for any purpose whatsoever other than solely for the preparation and trial of this action in accordance with the 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 9 10 11 12 13 14 15 16 17 18 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 a notice re-designating those portions of the transcript as confidential information. Any party may challenge any such designation in accordance with Paragraph 14 of this Order. 6. Except with the prior written consent of the individual or entity 19 designating a document or portions of a document as “Confidential,” or pursuant to 20 prior Order after notice, any document, transcript or pleading given “Confidential” 21 treatment under this Order, and any information contained in, or derived from any 22 such materials (including but not limited to, all deposition testimony that refers, 23 reflects or otherwise discusses any information designated confidential hereunder) 24 may not be disclosed other than in accordance with this Order and may not be 25 disclosed to any person other than: (a) the Court and its officers; (b) parties to this 26 litigation; (c) counsel for the parties, whether retained counsel or in-house counsel 27 and employees of counsel assigned to assist such counsel in the preparation of this 28 litigation; (d) fact witnesses subject to a proffer to the Court or a stipulation of the 3 of 6 1 2 3 4 5 parties that such witnesses need to know such information; (e) present or former employees of the producing party in connection with their 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. 6 7. 8985 S. Eastern Avenue, Suite 350 Henderson, Nevada 89123 HAINES & KRIEGER, LLC 7 8 9 10 11 12 13 14 15 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 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 16 Order shall be advised of their confidential nature. 17 confidential information and/or documents are disclosed are hereby enjoined from 18 disclosing same to any person except as provided herein, and are further enjoined 19 from using same except in the preparation for and trial of the above-captioned 20 action between the named parties thereto. No person receiving or reviewing such 21 confidential documents, information or transcript shall disseminate or disclose 22 them to any person other than those described above in Paragraph 6 and for the 23 purposes specified, and in no event, shall such person make any other use of such 24 document or transcript. 25 26 27 28 10. All persons to whom 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, 4 of 6 1 nor the designation of any information, document, or the like as “Confidential,” 2 nor the failure to make such designation, shall constitute evidence with respect to 3 any issue in this action. 4 5 6 8985 S. Eastern Avenue, Suite 350 Henderson, Nevada 89123 HAINES & KRIEGER, LLC 7 8 9 10 11 12 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 confidential information. The designating party shall have the 13 14 15 16 17 18 19 20 21 22 burden of proving that any document designated as CONFIDENTIAL is entitled to such protection. 13. 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 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. 14. In the event that any party to this litigation disagrees at any point in 23 these proceedings with any designation made under this Protective Order, the 24 parties shall first try to resolve such dispute in good faith on an informal basis. If 25 the 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 information 28 5 of 6 1 2 3 4 5 6 shall continue to be treated as “Confidential” subject to the provisions of this Protective Order. 15. 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. 7 8985 S. Eastern Avenue, Suite 350 Henderson, Nevada 89123 HAINES & KRIEGER, LLC 16. 8 Nothing herein shall affect or restrict the rights of any party with 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. 9 10 IT IS SO STIPULATED. Dated September 9, 2019. 11 12 13 /s/Shawn W. Miller . Shawn W. Miller, Esq. 14 Haines & Krieger, LLC 8985 S. Eastern Avenue, Suite 350 15 Henderson, Nevada 89123 16 Attorneys for Plaintiffs TIMOTHY D. RYAN 17 DARLENE S. BEDFORD /s/ Priscilla L. O’Briant . Robert W. Freeman, Esq. Priscilla L. O'Briant, Esq. Lewis Brisbois Bisgaard & Smith LLP 6385 South Rainbow Blvd. Suite 600 Las Vegas, NV 89118 Attorneys for Defendant USAA FEDERAL SAVINGS BANK 18 19 20 21 ORDER 22 IT IS SO ORDERED. 23 24 25 26 ________________________________________ UNITED STATES MAGISTRATE JUDGE September 11, 2019 Dated: __________________________________ 27 28 6 of 6
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