United States District Court, D. Nevada
January 4, 2017
STEVEN C. WORD, Plaintiff,
WELLS FARGO DEALER SERVICES; EQUIFAX INFORMATION SERVICES, LLC; EXPERIAN INFORMATION SOLUTIONS, INC, Defendants.
• NAYLOR • BRASTER Jennifer L. Braster Nevada Bar
No. 9982 Attorneys for Defendant Experian Information
KNEPPER & CLARK, LLC Matthew I. Knepper (NBN 12796) Miles
N. Clark (NBN 13848) David H. Krieger Nevada Bar No. 9086
HAINES & KRIEGER, LLC Attorneys for Plaintiff.
& WILMER, LLP Tanya N. Peters Jeffrey L. Willis (NBN
4797) Tanya N. Peters (NBN 8855) Attorneys for Wells Fargo
HEREBY STIPULATED by and between Plaintiff Steven C. Word
(“Plaintiff”), Wells Fargo Dealer Services
(“Wells Fargo”), and Experian Information
Solutions, Inc. (“Experian”) (collectively,
“the Parties”) through their respective attorneys
of record as follows:
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.
an Order of this Court protecting such confidential
information shall be and hereby is made by this Court on the
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.
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, “Confidential.”
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 order issued shall designate such materials, or portions
thereof, as “Confidential, ” and currently
herewith h 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.
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 hereunder), shall not be used,
directly or indirectly, by any person, including Plaintiff
and Experian for any business, 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.
Except with the prior written consent of the individual or
entity designating 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 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 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 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 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
Documents produced pursuant to this Order shall not be made
available to any person designated in Subparagraph 5(f)
unless he or she shall have first read this Order, agreed to
be bound by its terms, and signed the attached Declaration of
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 documents are
disclosed are hereby enjoined from disclosing same 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 transcript shall disseminate or disclose them
to any person other than those described above in Paragraph 5
and for the purposes specified, and in no event shall such
person make any other use of such document or transcript.
Nothing in this Order shall prevent a party from using at
trial any information or materials designated
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.
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.
the event that any party to this litigation disagrees at any
point in these 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 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
“Confidential” subject to the provisions of this
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
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.
DECLARATION OF COMPLIANCE
declare as follows:
present employer is___.
present occupation or job description is___.
have received a copy of the Stipulated Protective Order
entered in this action on___, 20___.
have carefully read and understand the provisions of this
Stipulated Protective Order.
will comply with all provisions of this Stipulated Protective
will hold in confidence, and will not disclose to anyone not
qualified under the Stipulated Protective Order, any
information, documents or other materials produced subject to
this Stipulated Protective Order.
will use such information, documents or other materials
produced subject to this Stipulated Protective Order only for
purposes of this present action.
termination of this action, or upon request, I will return
and deliver all information, documents or other materials
produced subject to this Stipulated Protective Order, and all
documents or things which I have prepared relating to the
information, documents or other materials that are subject to
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.
hereby submit to the jurisdiction of this Court for the
purposes of enforcing the Stipulated Protective Order in this
declare under penalty of perjury under the laws of the United
States that the following is true and correct.