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Fielder v. Financial Corporation of America

United States District Court, D. Nevada

February 14, 2017

MICHAEL FIELDER, individually and on behalf of all others similarly situated, Plaintiff,
v.
FINANCIAL CORPORATION OF AMERICA, Defendant.

          Complaint filed: August 15, 2016

          Michael Kind, Esq. (NV Bar No. 13903) KAZEROUNI LAW GROUP, APC, David H. Krieger, Esq. (NV Bar No. 9086) HAINES & KRIEGER, LLC Attorneys for Plaintiff Michael Fielder

          Shannon G. Splaine, Esq. (NV Bar No. 8241) LINCOLN, GUSTAFSON & CERCOS, L.L.P. James K. Schultz, Esq. (NV Bar No. 10219) SESSIONS, FISHMAN, NATHAN & ISRAEL Attorneys for Defendant, Financial Corporation of America

          STIPULATED PROTECTIVE ORDER

         IT IS HEREBY STIPULATED by and between Plaintiff Michael Fielder (“Plaintiff”) and Defendant Financial Corporation of America (“FCOA”), through their respective attorneys of record, as follows:

         WHEREAS, 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 defendant.

         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 disclosures 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.

         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 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. A party wishing to file any document designed as “Confidential” must notify the designating party at least seven days prior to filing the designed document. The designating party must then make a good faith determination if the relevant standard for sealing is met. See Kamakana v. City and County of Honolulu, 447 F.3d 1172, 1180 (9th Cir. 2006). To the extent the designating party does not believe the relevant standard for sealing can be met, it shall indicate that the document may be filed publicly no later than four days after receiving notice of the intended filing. To the extent the designating party believes the relevant standard for sealing can be met, it shall provide a declaration supporting that assertion no later than four days after receiving notice of the intended filing. The filing party shall then attach that declaration to its motion to seal the designated material. If the designating party fails to provide such a declaration in support of the motion to seal, the filing party shall file a motion to seal so indicating and the Court may order the document filed in the public record. Counsel shall comply with the requirements of Local Rule 10-5(b) in connection with filing documents under seal.

         4. All 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.

         5. 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.

         6. 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 Compliance.

         7. 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 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.

         8. 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, ” ...


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