United States District Court, D. Nevada
ANGELA C. EBERWEIN, Plaintiff,
CHASE MORTGAGE; J P MORGAN CHASE BANK; M&T BANK CORP; and EQUIFAX INFORMATION SERVICES, LLC, Defendants.
LAW FIRM LLC Sean N. Payne, Esq. PAYNE LAW FIRM LLC Miles N.
Clark Matthew I. Knepper KNEPPER & CLARK LLC David H.
Krieger HAINES & KRIEGER, LLC Attorneys for Plaintiff.
BALLARD SPAHR LLP Lindsay C. Demaree, Esq. Joel E. Tasca,
Esq. BALLARD SPAHR LLP Attorneys for Defendant JPMorgan Chase
WEINSTEIN & RILEY P.S. Charles L. Kennon, III, Esq. Aaron
M. Waite, Esq. WEINSTEIN & RILEY P.S. Attorneys for
Defendant M&T Bank.
HEREBY STIPULATED by and between Plaintiff Angela C.
Eberwein, and Defendants JPMorgan Chase Bank, N.A.
(erroneously named in the Complaint as “Chase
Mortgage” and “J P Morgan Chase
Bank”)(“Chase”) and M&T Bank
(erroneously named in the Complaint as “M&T Bank
Corp”)(M&T) (collectively, “the
Parties”) through their respective attorneys of record
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 the Court incorporate documents or
information subject to this Order, the 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 the Local
order issued concurrently herewith
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,
M&T and Chase 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 ...