Hardy v. Equifax Information Services, LLC, No. 2:2022cv00101 - Document 17 (D. Nev. 2022)
Court Description: ORDER Granting 15 Stipulated Protective Order. Signed by Magistrate Judge Elayna J. Youchah on 6/8/2022. (Copies have been distributed pursuant to the NEF - JQC)
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Hardy v. Equifax Information Services, LLC Doc. 17 Case 2:22-cv-00101-JCM-EJY Document 17 Filed 06/08/22 Page 1 of 8 1 2 3 4 5 6 7 8 David H. Krieger, Esq. Nevada Bar No. 9086 Shawn W. Miller, Esq. Nevada Bar No. 7825 KRIEGER LAW GROUP, LLC 5502 S. Fort Apache Road, Suite 200 Las Vegas, Nevada 89148 Phone: (702) 848-3855 dkrieger@kriegerlawgroup.com smiller@kriegerlawgroup.com Attorneys for Plaintiff, Kerry Hardy 5502 S. Fort Apache Road, Suite 200 Las Vegas, Nevada 89148 KRIEGER LAW GROUP, LLC 9 10 UNITED STATES DISTRICT COURT 11 DISTRICT OF NEVADA 12 KERRY HARDY, Case No.: 2:22-CV-00101-JCM-EJY 13 Plaintiff(s), 14 15 vs. STIPULATED PROTECTIVE ORDER 16 17 EQUIFAX INFORMATION SERVICES, LLC, 18 19 20 Defendant(s). IT IS HEREBY STIPULATED by and between Kerry Hardy (“Plaintiff”) and 21 22 23 24 Defendant Equifax Information Services LLC (“Equifax”), collectively the “Parties,” by and through their counsel of record, as follows: WHEREAS, documents and information have been and may be sought, produced 25 26 27 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 28 -1- Dockets.Justia.com Case 2:22-cv-00101-JCM-EJY Document 17 Filed 06/08/22 Page 2 of 8 1 2 3 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: 4 5 6 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 7 8 9 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 11 5502 S. Fort Apache Road, Suite 200 Las Vegas, Nevada 89148 KRIEGER LAW GROUP, LLC 10 subject to this Order in accordance with the terms hereof. 12 13 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, “Confidential.” 14 15 16 17 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 18 19 20 “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 21 22 23 part of the public record. Any party filing any document under seal must comply with the requirements of Local Rules. 24 4. All documents, transcripts, or other materials subject to this Order, and all 25 26 27 information derived therefrom (including, but not limited to, all testimony, deposition, or otherwise, that refers, reflects or otherwise discusses any information designated 28 -2- Case 2:22-cv-00101-JCM-EJY Document 17 Filed 06/08/22 Page 3 of 8 1 2 3 Confidential hereunder), shall not be used, directly or indirectly, by any person, including the Parties, for commercial or competitive purposes or for any purpose whatsoever other than solely for the preparation and trial of this action in accordance 4 5 6 with the provisions of this Order. 5. All depositions or portions of depositions taken in this action that contain 7 8 9 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 11 5502 S. Fort Apache Road, Suite 200 Las Vegas, Nevada 89148 KRIEGER LAW GROUP, LLC 10 confidential information may be designated as “Confidential” and thereby obtain the 12 13 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 14 15 16 17 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 18 19 20 any such designation in accordance with Paragraph 14 of this Order. 6. Except with the prior written consent of the individual or entity designating 21 22 23 24 a document or portions of a document as “Confidential,” or pursuant to prior Order after notice, any document, transcript or pleading given “Confidential” treatment under this Order, and any information contained in, or derived from any such materials (including 25 26 27 but not limited to, all deposition testimony that refers, reflects or otherwise discusses any information designated confidential hereunder) may not be disclosed other than in 28 -3- Case 2:22-cv-00101-JCM-EJY Document 17 Filed 06/08/22 Page 4 of 8 1 2 3 accordance with this Order and may not be disclosed to any person other than: (a) the Court and its officers; (b) parties to this litigation; (c) counsel for the parties, whether retained counsel or in-house counsel and employees of counsel assigned to assist such 4 5 6 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; 7 8 9 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 11 5502 S. Fort Apache Road, Suite 200 Las Vegas, Nevada 89148 KRIEGER LAW GROUP, LLC 10 (e) present or former employees of the producing party in connection with their 12 13 consultants or expert witnesses in connection with this litigation. Documents produced pursuant to this Order shall not be made available to 7. 14 15 16 17 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. 18 19 20 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 21 22 23 providing the parties with written notice that they intend to comply with and be bound by the terms of this Protective Order. 24 9. All persons receiving any or all documents produced pursuant to this Order 25 26 27 shall be advised of their confidential nature. All persons to whom confidential information and/or documents are disclosed are hereby enjoined from disclosing same 28 -4- Case 2:22-cv-00101-JCM-EJY Document 17 Filed 06/08/22 Page 5 of 8 1 2 3 to any person except as provided herein, and are further enjoined from using same except in the preparation for and trial of the above-captioned action between the named parties thereto. No person receiving or reviewing such confidential documents, information or 4 5 6 transcript shall disseminate or disclose them to any person other than those described above in Paragraph 6 and for the purposes specified, and in no event, shall such person 7 8 9 10. Nothing in this Order shall prevent a party from using at trial any information or materials designated “Confidential.” 11 5502 S. Fort Apache Road, Suite 200 Las Vegas, Nevada 89148 KRIEGER LAW GROUP, LLC 10 make any other use of such document or transcript. 12 13 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 14 15 16 17 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. 18 19 20 12. Inadvertent failure to designate any document, transcript, or other materials “Confidential” will not constitute a waiver of an otherwise valid claim of 21 22 23 24 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 25 26 27 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 28 -5- Case 2:22-cv-00101-JCM-EJY Document 17 Filed 06/08/22 Page 6 of 8 1 2 3 certify that the designated documents have been maintained as confidential information. The designating party shall have the burden of proving that any document designated as CONFIDENTIAL is entitled to such protection. 4 5 6 13. Within sixty (60) days after the final termination of this litigation, all documents, transcripts, or other materials afforded confidential treatment pursuant to 7 8 9 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 11 5502 S. Fort Apache Road, Suite 200 Las Vegas, Nevada 89148 KRIEGER LAW GROUP, LLC 10 this Order, including any extracts, summaries or compilations taken therefrom, but 12 13 agree to destroy the documents, to the extent practicable. 14. In the event that any party to this litigation disagrees at any point in these 14 15 16 17 proceedings with any designation made under this Protective Order, the parties shall first try to resolve such dispute in good faith on an informal basis. If the dispute cannot be resolved, the party objecting to the designation may seek appropriate relief from this 18 19 20 Court. During the pendency of any challenge to the designation of a document or information, the designated document or information shall continue to be treated as 21 22 23 24 “Confidential” subject to the provisions of this Protective Order. 15. 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 25 26 27 documents, transcripts and materials afforded confidential treatment. 16. The Court retains the right to allow disclosure of any subject covered by 28 -6- Case 2:22-cv-00101-JCM-EJY Document 17 Filed 06/08/22 Page 7 of 8 1 2 3 this stipulation or to modify this stipulation at any time in the interest of justice. IT IS SO STIPULATED. Dated June 8, 2022. 4 5 Submitted by: No Opposition: /s/ Shawn W. Miller . David H. Krieger, Esq. Shawn W. Miller, Esq. KRIEGER LAW GROUP, LLC 5502 S. Fort Apache Road, Suite 200 Henderson, Nevada 89052 Attorneys for Plaintiff Kerry Hardy /s/ Gia N. Marina . Gia N. Marina, Esq. CLARK HILL 3800 Howard Hughes Pkwy, Suite 500 Las Vegas, Nevada 89169 Attorneys for Defendant Equifax Information Services LLC 6 7 8 9 11 5502 S. Fort Apache Road, Suite 200 Las Vegas, Nevada 89148 KRIEGER LAW GROUP, LLC 10 12 13 14 15 16 17 ORDER 18 19 IT IS SO ORDERED. 20 21 ____________________________________ UNITED STATES MAGISTRATE JUDGE 22 23 Dated: June 8, 2022 24 25 26 27 28 -7- Case 2:22-cv-00101-JCM-EJY Document 17 Filed 06/08/22 Page 8 of 8 UNITED STATES DISTRICT COURT DISTRICT OF NEVADA 1 2 KERRY HARDY, 3 4 5 Plaintiff(s), vs. Defendant(s). 7 I, ____________________________________________, declare as follows: 8 1. My address is: __________________________________________________________. 9 2. My 10 11 5502 S. Fort Apache Road, Suite 200 Las Vegas, Nevada 89148 EXHIBIT A DECLARATION OF COMPLIANCE EQUIFAX INFORMATION SERVICES LLC, 6 KRIEGER LAW GROUP, LLC Case No.: 2:22-CV-00101-JCM-EJY 12 present employer, occupation and job description are: ___________________________________________________________________________________ __________________________________________________________________________________. 3. On ____________________, I received a copy of the Stipulated Protective Order and I have carefully read and understand the terms of the Stipulated Protective Order. 13 14 4. I will comply with all provisions of the Stipulated Protective Order and I will hold in confidence, and will not disclose to anyone not qualified under the Stipulated Protective Order, any 15 information, documents or other materials produced subject to this Stipulated Protective Order and I will 16 use such information, documents or other materials only for purposes of this present action. 17 5. Upon termination of this action, or upon request, I will return and deliver all information, 18 documents or other materials produced subject to the Stipulated Protective Order, and all documents or 19 things which I have prepared relating to the information, documents or other materials that are subject to 20 21 the Stipulated Protective Order, to my counsel in this action, or to counsel for the party by whom I am employed or retained or from whom I received the documents. 6. 22 23 24 I hereby submit to the jurisdiction of this Court for the purposes of enforcing the Stipulated Protective Order in this action. I declare under penalty of perjury under the laws of the United States that the following is true and correct. Executed this ___ day of ____________, 2022 at ________________________________. 25 ____________________________________ 26 (Signature of Qualified Person) 27 28 -8-
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