Spendlove v. Equifax Information Services, LLC et al, No. 2:2019cv00677 - Document 23 (D. Nev. 2019)
Court Description: ORDER granting 22 Stipulated Protective Order; Signed by Magistrate Judge George Foley, Jr on 7/8/2019. (Copies have been distributed pursuant to the NEF - JM)
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Spendlove v. Equifax Information Services, LLC et al Doc. 23 Case 2:19-cv-00677-RFB-GWF Document 22 Filed 07/03/19 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 5510 So. Fort Apache Rd, Suite 30 Las Vegas, NV 89148 Phone: (702) 856-7430 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 RICKY SPENDLOVE, 20 Plaintiff, 21 22 23 24 25 26 27 Case No.: 2:19-cv-00677-RFB-GWF [PROPOSED] STIPULATED PROTECTIVE ORDER vs. EQUIFAX INFORMATION SERVICES, LLC; TRANSUNION, LLC; and WELLS FARGO HOME MORTGAGE, Defendants. IT IS HEREBY STIPULATED by and between Plaintiff Ricky Spendlove (“Plaintiff”) and Defendants Equifax Information Services, LLC (“Equifax”); Trans Union, LLC (“Trans Union”) 28 [Proposed] Stipulated Protective Order - 1 Dockets.Justia.com Case 2:19-cv-00677-RFB-GWF Document 22 Filed 07/03/19 Page 2 of 9 1 Wells Fargo Bank, N.A., sued as Wells Fargo Home Mortgage (“Wells Fargo”) (collectively, the 2 “Parties”), by and through their counsel of record, as follows: 3 WHEREAS, documents and information have been and may be sought, produced or 4 exhibited by and among the parties to this action relating to trade secrets, confidential research, 5 6 7 8 9 10 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, 11 testimony or information produced or given in this action which are designated to be subject to 12 this Order in accordance with the terms hereof. 13 2. Any party or non-party producing or filing documents or other materials in this 14 action may designate such materials and the information contained therein subject to this Order by 15 typing or stamping on the front of the document, or on the portion(s) of the document for which 16 confidential treatment is designated, “Confidential.” 17 3. To the extent any motions, briefs, pleadings, deposition transcripts, or other papers 18 to be filed with the Court incorporate documents or information subject to this Order, the party 19 filing such papers shall designate such materials, or portions thereof, as “Confidential,” and shall 20 file them with the clerk under seal; provided, however, that a copy of such filing having the 21 confidential information deleted therefrom may be made part of the public record. Any party filing 22 23 24 25 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, deposition, or otherwise, that refers, reflects or otherwise discusses any information designated Confidential 26 hereunder), shall not be used, directly or indirectly, by any person, including Plaintiff, Equifax, 27 Trans Union and Wells Fargo for commercial or competitive purposes or for any purpose 28 [Proposed] Stipulated Protective Order - 2 Case 2:19-cv-00677-RFB-GWF Document 22 Filed 07/03/19 Page 3 of 9 1 whatsoever other than solely for the preparation and trial of this action in accordance with the 2 provisions of this Order. 3 5. All depositions or portions of depositions taken in this action that contain 4 confidential information may be designated as “Confidential” and thereby obtain the protections 5 6 7 8 9 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 10 any designations are made on the record during the deposition, the designating party need not serve 11 a notice re-designating those portions of the transcript as confidential information. Any party may 12 challenge any such designation in accordance with Paragraph 13 of this Order. 13 6. Except with the prior written consent of the individual or entity designating a 14 document or portions of a document as “Confidential,” or pursuant to prior Order after notice, any 15 document, transcript or pleading given “Confidential” treatment under this Order, and any 16 information contained in, or derived from any such materials (including but not limited to, all 17 deposition testimony that refers, reflects or otherwise discusses any information designated 18 confidential hereunder) may not be disclosed other than in accordance with this Order and may 19 not be disclosed to any person other than: (a) the Court and its officers; (b) parties to this litigation; 20 (c) counsel for the parties, whether retained counsel or in-house counsel and employees of counsel 21 assigned to assist such counsel in the preparation of this litigation; (d) fact witnesses subject to a 22 23 24 25 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 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 26 witnesses in connection with this litigation. 27 7. Documents produced pursuant to this Order shall not be made available to any 28 [Proposed] Stipulated Protective Order - 3 Case 2:19-cv-00677-RFB-GWF Document 22 Filed 07/03/19 Page 4 of 9 1 person designated in Subparagraph 6 (f) unless he or she shall have first read this Order, agreed to 2 be bound by its terms, and signed the attached Declaration of Compliance. 3 8. Third parties who are the subject of discovery requests, subpoenas or depositions 4 in this case may take advantage of the provisions of this Protective Order by providing the parties 5 6 7 8 9 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 10 documents are disclosed are hereby enjoined from disclosing same to any person except as 11 provided herein and are further enjoined from using same except in the preparation for and trial of 12 the above-captioned action between the named parties thereto. No person receiving or reviewing 13 such confidential documents, information or transcript shall disseminate or disclose them to any 14 person other than those described above in Paragraph 6 and for the purposes specified, and in no 15 event, shall such person make any other use of such document or transcript. 16 17 18 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 19 production of relevant evidence in this action. Neither the entry of this Order, nor the designation 20 of any information, document, or the like as “Confidential,” nor the failure to make such 21 designation, shall constitute evidence with respect to any issue in this action. 22 23 24 25 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 26 produced, the receiving party, on notification of the designation, must make a reasonable effort to 27 assure that the document is treated in accordance with the provisions of this Order, and upon 28 [Proposed] Stipulated Protective Order - 4 Case 2:19-cv-00677-RFB-GWF Document 22 Filed 07/03/19 Page 5 of 9 1 request from the producing party certify that the designated documents have been maintained as 2 confidential information. 3 13. If any party objects to any designation of any materials as “Confidential,” the 4 parties shall attempt in good faith to resolve such objection by agreement. If the parties cannot 5 6 7 8 9 10 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. 11 Within sixty (60) days after the final termination of this litigation, all documents, 12 transcripts, or other materials afforded confidential treatment pursuant to this Order, including any 13 extracts, summaries or compilations taken therefrom, but excluding any materials which in the 14 good faith judgment of counsel are work product materials, shall be returned to the Producing 15 Party. In lieu of return, the parties may agree to destroy the documents, to the extent practicable. 15. 16 17 The designating party shall have the burden of proving that any document designated as CONFIDENTIAL is entitled to such protection. 18 16. Nothing herein shall affect or restrict the rights of any party with respect to its own 19 documents or to the information obtained or developed independently of documents, transcripts 20 and materials afforded confidential treatment pursuant to this Order. 21 22 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. 23 24 25 26 27 /// 28 [Proposed] Stipulated Protective Order - 5 Case 2:19-cv-00677-RFB-GWF Document 22 Filed 07/03/19 Page 6 of 9 1 2 3 4 5 6 7 8 9 10 11 IT IS SO STIPULATED. Dated July 3, 2019 KNEPPER & CLARK LLC CLARK HILL PLLC /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 5510 So. Fort Apache Rd, Suite 30 Las Vegas, NV 89148 Email: matthew.knepper@knepperclark.com Email: miles.clark@knepperclark.com Email: shaina.plaksin@knepperclark.com /s/ Jeremy J. Thompson Jeremy J. Thompson, Esq. Nevada Bar No. 12503 3800 Howard Hughes Parkway, Suite 500 Las Vegas, NV 89169 Email: jthompson@clarkhill.com Counsel for Defendant Equifax Information Services LLC 15 HAINES & KRIEGER LLC David H. Krieger, Esq. Nevada Bar No. 9086 8985 S. Eastern Avenue, Suite 350 Henderson, NV 89123 Email: dkrieger@hainesandkrieger.com 16 Counsel for Plaintiff 17 ALVERSON TAYLOR & SANDERS SNELL & WILMER LLP 18 /s/ Trevor Waite Kurt R. Bonds, Esq. Nevada Bar No. 6228 Trevor Waite, Esq. Nevada Bar No. 13779 6605 Grand Montecito Parkway, Suite 200 Las Vegas, NV 89149 Email: kbonds@alversontaylor.com Email: twaite@alversontaylor.com /s/ Jennifer L. McBee Kelly H. Dove, Esq. Nevada Bar No. 10569 Jennifer L. McBee, Esq. Nevada Bar No. 9110 3883 Howard Hughes Pkwy. Las Vegas, NV 89169 Email: kdove@swlaw.com Email: jmcbee@swlaw.com Counsel for Defendant Trans Union LLC Counsel for Defendant Wells Fargo Bank, N.A., sued as Wells Fargo Home Mortgage 12 13 14 19 20 21 22 23 24 25 26 27 28 [Proposed] Stipulated Protective Order - 6 Case 2:19-cv-00677-RFB-GWF Document 22 Filed 07/03/19 Page 7 of 9 1 Spendlove v. Equifax Information Services, LLC et al Case No. 2:19-cv-00677-RFB-GWF 2 3 ORDER GRANTING 4 STIPULATED PROTECTIVE ORDER 5 6 IT IS SO ORDERED. 7 8 9 7/08/0219 _____ Dated: __________, UNITED STATES MAGISTRATE JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 [Proposed] Stipulated Protective Order - 7
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