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Miles v. Receivables Performance Management, LLC

United States District Court, D. Nevada

March 14, 2017

EMILY MILES, Plaintiff,
v.
RECEIVABLES PERFORMANCE MANAGEMENT, LLC, Defendant.

          GORDON & REES, LLP, Robert S. Larsen, Esq. Attorneys for Defendant

          HAINES & KRIEGER, LLC, David H. Krieger, Esq. Attorneys for Plaintiff

          [PROPOSED] STIPULATED PROTECTIVE ORDER

         IT IS HEREBY STIPULATED by and between Plaintiff, EMILY MILES (hereinafter referred to as “Plaintiff”) and Defendant, RECEIVABLES PERFORMANCE MANAGEMENT, LLC (hereinafter referred to as “Defendant”) through their respective attorneys of record, as follows:

         WHEREAS, the parties expect that discovery in this action may encompass confidential and proprietary documents and trade secrets of one or more parties, including without limitation financial data such as sales data, revenues, costs, pricing structure, customer information, purchasing information, tax returns, business strategies, and potentially other non-public information, such as personal income, credit and other confidential information of Plaintiff or Plaintiff's witnesses.

         THEREFORE, it is hereby stipulated, and the parties hereby request, that the Court enter a protective order as follows:

         I. SCOPE:

         A. This Protective Order shall limit the use and/or disclosure of any and all documents, which embody or disclose any information, designated hereunder as “CONFIDENTIAL” or as “CONFIDENTIAL--ATTORNEYS' EYES ONLY”

1. All documents designated in accordance with this Protective Order and all information contained therein;
2. Portions of deposition testimony and transcripts and exhibits thereto which include, refer, or relate to any designated “CONFIDENTIAL” or “CONFIDENTIAL--ATTORNEYS' EYES ONLY” information;
3. All information, copies, extracts, and complete or partial summaries prepared or derived from information that was designated “CONFIDENTIAL” or “CONFIDENTIAL--ATTORNEYS' EYES ONLY”;
4. Portions of briefs, memoranda, or any writing filed with or otherwise supplied to the Court under seal, which include or refer to any information designated “CONFIDENTIAL” or “CONFIDENTIAL--ATTORNEYS' EYES ONLY”; and
5. Any document exchange in connection with, or related to, any mediation, or proposed mediation.

         B. Any person (i.e., any individual or entity) designating documents, testimony, or other information as “CONFIDENTIAL” or “CONFIDENTIAL--ATTORNEYS' EYES ONLY” hereunder asserts that he, she, or it believes in good faith that such material is his, her, or its Confidential Information which is not otherwise available to the public generally, or is Confidential Information which the person believes is or may be encompassed by a pre-existing confidentiality agreement with any other person.

         C. “Confidential Information” for purposes of this Stipulation Protective Order is defined as documents, material, or testimony that is private or constitutes and/or relates to:

1. Trade secrets;
2. Business strategies, decisions, and/or negotiations;
3. Financial, budgeting, and/or accounting information;
4. Customer/Consumer information, including prospective customers; and
5. Marketing studies, pro-formas, projections, and similar information relating to the value and/or potential value of stock, science and technology, and/or other assets or liabilities.

         D. Confidential Information ordinarily should be designated as “CONFIDENTIAL” rather than “CONFIDENTIAL--ATTORNEYS' EYES ONLY.” A “CONFIDENTIAL--ATTORNEYS' EYES ONLY” designation is appropriate only where the Confidential Information is so extremely sensitive in the context of this case that there is a real danger that the party producing the information could be prejudiced if the information is disclosed under the protection provided by a “CONFIDENTIAL” designation. Examples of information warranting a “CONFIDENTIAL--ATTORNEYS' EYES ONLY” designation are documents which contain, disclose, or reflect settlement agreements and settlement agreement terms, trade secrets, sensitive customer/consumer information, business and marketing plans and information, or similarly competitively sensitive information.

         E. Nothing in this Order and no party's designation of any document or information as “CONFIDENTIAL” or “CONFIDENTIAL--ATTORNEYS' EYES ONLY” shall be construed to constrain, preclude, or otherwise affect in any manner the independent research and development, marketing, product development, or other technical activities of the parties.

         F. Nothing in this Order and no party's designation of any document as “CONFIDENTIAL” or “CONFIDENTIAL--ATTORNEYS' EYES ONLY” shall be construed to constrain, preclude, or otherwise affect the use (including the ability to include the document or information in papers not filed under seal) of another party's documents which are duplicates of such designated documents provided that such duplicate documents were lawfully obtained by such party through means independent of the discovery process.

         G. A party's failure to designate a document as its Confidential Information where the document was produced by another party and designated by the producing party as that party's Confidential Information shall not be construed to waive the non-designating party's claim, with respect to present and future litigation between these or other parties, that the document contains the non-designating party's Confidential Information.

         II. DESIGNATION OF DOCUMENTS AND DEPOSITIONS AS “CONFIDENTIAL” OR “CONFIDENTIAL--ATTORNEYS' EYES ONLY”:

         A. Designation of a document as “CONFIDENTIAL” by the producing party shall be made by conspicuously stamping or writing “CONFIDENTIAL” on each page thereof.

         B. Designation of a document as “CONFIDENTIAL--ATTORNEYS' EYES ONLY” by the producing party shall be made by conspicuously stamping or writing “CONFIDENTIAL--ATTORNEYS' EYES ONLY” on each page thereof.

         C. Designation of a deposition or other pretrial testimony, or portions thereof, as “CONFIDENTIAL” or “CONFIDENTIAL--ATTORNEYS' EYES ONLY” shall be made by a statement on the record by counsel for the party or other person making the claim of confidentiality at the time of such testimony. The portions of depositions so designated as “CONFIDENTIAL” or “CONFIDENTIAL--ATTORNEYS' EYES ONLY” shall be taken only in the presence of persons qualified to receive such information pursuant to the terms of this Protective Order, the court reporter, the deponent, and the deponent's attorney. Failure of any person to comply with a request to leave the deposition room will constitute sufficient justification for the witness to refuse to answer any question calling for disclosure of Confidential Information so long as persons not entitled by this Protective Order to have access to such information are in attendance. Thereafter, any counsel may reopen the deposition into areas which the witness refused to answer after bringing a motion for protective order to resolve whether the person who refused to leave the deposition should be allowed to be present during questioning. After resolution of said motion, counsel shall be allowed to continue said deposition with respect to the questions, and lines of questioning, which the deponent refused to answer, though the court may order that the deposition continue outside the presence of the person who refused to leave the initial deposition. The applicable portions of such deposition transcripts shall be clearly marked “CONFIDENTIAL” or “CONFIDENTIAL ATTORNEYS' EYES ONLY” on each page containing the Confidential Information.

         D. Any party may designate documents or portions of deposition transcripts as containing Confidential Information even if not initially marked as “CONFIDENTIAL” or “CONFIDENTIAL--ATTORNEYS' EYES ONLY” in accordance with the terms of this Protective Order by so advising counsel for each party in writing within thirty (30) calendar days of the receipt of the document or deposition transcript which he, she, or it wishes to designate as Confidential Information. Thereafter, each such document or transcript shall be treated in accordance with the terms of this Protective Order. Any person served with written notice of any such designation of previously produced documents or deposition transcripts as containing Confidential Information shall thereafter treat such information as if it had been designated as “CONFIDENTIAL” or “CONFIDENTIAL--ATTORNEYS' EYES ONLY” at the time he, she, or it first received it in connection with this action and shall mark all copies of such documents in his, her, or its possession accordingly.

         III. LIMITATIONS ON DISCLOSURE OF CONFIDENTIAL INFORMATION:

         A. No Confidential Information shall be disclosed by anyone receiving such information to anyone other than those persons designated herein, and in no event shall Confidential Information be used, either directly or indirectly, by anyone receiving such information for any business, commercial or competitive purpose or for any purpose whatsoever other than the preparation for or trial of this action in accordance with the provisions of this Protective Order.

         B. Confidential Information designated “CONFIDENTIAL” shall not be disclosed by any person who has received such information through ...


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