United States District Court, D. Nevada
CAROLYN C. KLINE, Plaintiff,
BANK OF AMERICA, NATIONAL ASSOCIATION; NATIONSTAR MORTGAGE, LLC; EQUIFAX INFORMATION SERVICES, LLC; EXPERIAN INFORMATION SOLUTIONS, INC., Defendants.
Jennifer L. Braster, MAUPIN • NAYLOR • BRASTER,
Attorneys for Defendant Experian Information Solutions, Inc.
Krieger, Attorneys for Plaintiff Carolyn Kline.
STIPULATED PROTECTIVE ORDER
HEREBY STIPULATED by and between Plaintiff Carolyn C. Kline
(“Plaintiff”) and Defendant Experian
Information Solutions, Inc.
(“Experian”), 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.” 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
Civil Local Rule IA 10-5.
documents, transcripts, or other materials subject to this
Order, and all information derived therefrom (including, but
not limited to, all testimony given in a deposition,
declaration or otherwise, that refers, reflects or otherwise
discusses any information designated “Confidential,
” shall not be used, directly or indirectly, by any
person, including the other defendants, 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 to, 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 outside 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 litigation.
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
“Confidential.” 9. 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 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 in accordance
with Civil Local Rule 26-7. 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 ...