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Ponder v. Drivetime Automotive Group, Inc.

United States District Court, D. Nevada

February 6, 2017

MARGO PONDER, Plaintiff,
v.
DRIVETIME AUTOMOTIVE GROUP, INC., D/B/A DRIVETIME, Defendant.

          Ballard Spahr LLP Attorneys for Defendant DRIVETIME AUTOMOTIVE GROUP, INC. d/b/a DRIVETIME

          David H. Krieger Attorneys for Plaintiff MARGO PONDER

          STIPULATED ORDER TO PROTECT PRIVATE AND OTHER CONFIDENTIAL INFORMATION

         Pursuant to Fed.R.Civ.P. 26(c) and the parties' stipulation, the Court enters the following protective order:

         WHEREAS, Plaintiff Margo Ponder (“Plaintiff”) and Defendant DriveTime Automotive Group, Inc. (“DriveTime”), are parties in the above-captioned action; and

         WHEREAS, certain materials and information likely to be disclosed during the pendency of this case or as part of discovery may contain private information, information related to third parties and/or may contain confidential, proprietary, and/or trade secret information; and

         WHEREAS, the parties wish to ensure that any such private or confidential information shall not be used for any purpose other than the above-captioned action and only as permitted by this Stipulated Order to Protect Private and Other Confidential Information (the “Confidentiality Order”); and

         WHEREAS, each of the parties recognizes that use, disclosure or dissemination of such information other than as expressly permitted herein may cause harm to private individuals or to the entity to which the information belongs and each of the parties represents that it has no intention to use any private or confidential information obtained from the other for any purpose other than the above-captioned action and any judicial review thereof

         WHEREAS, the court has considered the parties' Stipulated Motion for Protective Order, and, good cause appearing;

         IT IS HEREBY ORDERED:

         1. This Confidentiality Order governs the handling of documents, responses to document requests, interrogatories, requests for admissions, or other information requests, deposition testimony, and other written, recorded, graphic, or other matter produced in the above-captioned action (“Discovery Material”), which has been designated as “Confidential” by any party. Discovery Material which has been designated as “Confidential” and/or information derived from Discovery Material which has been designated “Confidential” is referred to herein as “Confidential Material.” 2. Confidential Material shall be used only for the prosecution and/or defense of this action or any appeal therefrom, and for no other purposes whatsoever.

         3. Under no circumstances, other than those specifically provided for in this Confidentiality Order, as otherwise required by law, or with the express and specific consent in writing of the party or third party, which produced the Confidential Material (the “Producing Party”) shall a party receiving Confidential Material (the “Receiving Party”) in any way whatsoever reveal, disclose or otherwise make known Confidential Material to any person other than the following:

a. the Receiving Party or any officer, director, employee, agent, or legal partner of a Receiving Party (or a parent, subsidiary or affiliate of that Receiving Party);
b. counsel of record in this action for the Receiving Party and employees of such counsel assisting in the conduct of this action;
c. expert witnesses, provided such expert witnesses first agree in writing in the form attached hereto as Exhibit A to be bound by the terms of this Confidentiality Order and confirm that they have ...

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