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Payan v. Sallie Mae, Inc.

United States District Court, D. Nevada

July 24, 2017

ANA M. PAYAN, Plaintiff,
v.
SALLIE MAE, INC.; STATE FARM BANK, FSB d/b/a STATE FARM FINANCIAL SERVICES; GINNY'S, INC; MIDLAND MORTGAGE; WEBBANK D/B/A FINGERHUT/WEBBANK; TRANS UNION LLC; EXPERIAN INFORMATION SOLUTIONS, INC; and EQUIFAX INFORMATION SERVICES, LLC, Defendants.

          MATTHEW I. KNEPPER, ESQ. MILES N. CLARK, ESQ. KNEPPER & CLARK LLC DAVID H. KRIEGER, ESQ. HAINES & KRIEGER, LLC COUNSEL FOR PLAINTIFF

          JENNIFER L. BRASTER, ESQ. ANDREW J. SHARPLES, ESQ. NAYLOR & BRASTER COUNSEL FOR DEFENDANT EXPERIAN INFORMATION SOLUTIONS, INC.

          BRADLEY T. AUSTIN, ESQ. SNELL & WILMER LLP COUNSE FOR DEFENDANT EQUIFAX INFORMATION SERVICES, LLC

          TAYLOR A. ANELLO, ESQ. DICKINSON WRIGHT PLLC COUNSEL FOR DEFENDANT WEBBANK D/B/A FINGERHUT/WEBBANK

          JASON REVZIN, ESQ. LEWIS BRISBOIS BISGAARD & SMITH COUNSEL FOR DEFENDANT TRANSUNION, LLC

          [PROPOSED] STIPULATED PROTECTIVE ORDER

          RICHARD F. BOULWARE, II JUDGE

         IT IS HEREBY STIPULATED by and between Plaintiff ANA M. PAYAN (“Plaintiff”), and Defendants EXPERIAN INFORMATION SOLUTIONS, INC (“Experian”); TRANS UNION LLC (“Trans Union”); WEBBANK D/B/A FINGERHUT/WEBBANK (“Webbank”); and EQUIFAX INFORMATION SERVICES, LLC (“Equifax”), (collectively, the “Parties”), by and through their counsel 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 defendants and/or personal income, credit and other confidential information of Plaintiff.

         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 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.

         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. 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 Local Rules.

         4. All 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, and Experian, WebBank, Trans Union and Equifax 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, 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 ...


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