United States District Court, D. Nevada
Patrick J. Reilly, Esq. Susan M. Schwartz, Esq. Holland &
Hart LLP Tuan V. Uong, Esq. Reed Smith, LLP Admitted Pro Hac
Vice Attorneys for Respondent Credit One Bank, N.A.
Ankcorn, Esq. Admitted Pro Hac Vice Ann Marie Hansen, Esq.
Ankcorn Law Firm, PC Michael Kind, Esq. Kazerouni Law Group,
APC Attorneys for Claimant Jewell Bates Brown
STIPULATED PROTECTIVE ORDER AND CONFIDENTIALITY
Plaintiff Jewel Brown-Bates
(“Plaintiff”) and Defendant
Credit One Bank, N.A. (“Defendant,
” together with Plaintiff, the
“Parties”), through their
respective attorneys of record, agree and stipulate as
1. Terms: The terms defined in this
Paragraph shall have the meanings provided. Defined terms may
be used in the singular or plural.
1.1 “Producing Party” means the
party, or person other than a party, being asked to produce
documents or information considered by that party or person
to be Confidential Information, or a party asserting a
confidentiality interest in information produced by others.
1.2 “Receiving Party” means that
party receiving or requesting production of Confidential
1.3 “Confidential Information”
means information, whether or not embodied in any physical
medium, including all originals and copies of any document
and/or information, used by the Producing Party in or
pertaining to its business, or information pertaining to
third-party privacy interests, which information the
Producing Party believes in good faith to be protected from
disclosure under applicable law as (i) private information,
(ii) trade secrets, (iii) non-public competitive financial or
business planning information that the Producing Party is
prohibited by law or contract from revealing to third parties
except in confidence, or has undertaken by contract with
others to maintain its confidence. Nothing herein is intended
to confer confidential or protected status on information
that is not otherwise protected under Nevada or federal law
or which has been publicly disseminated.
1.4 “Litigation Documents” means
all pleadings, motions, affidavits, declarations, and related
papers, all documents produced or exchanged in the course of
this matter or any settlement negotiations, all written
discovery responses and all transcripts and testimony given
at any proceedings or hearings of any kind.
1.5 “Action” specifically refers
to the proceedings or settlement in the above-captioned
1.6 “Termination” means the
settlement of this Action, dismissal of this Action, entry of
final judgment and expiration of all periods to appeal or
seek arbitral or judicial review of this Action.
1.7 “Order” refers to this
Stipulated Protective Order and Confidentiality Agreement and
Use Of Confidential Information.
documents and information designated in good faith by a party
to the Action as Confidential Information shall be used
solely for the purposes of this Action and shall not be used
for any other purpose, including, without limitation, any
media communications, public relations matter, business or
commercial purpose, product development, intellectual
property development, or in any other legal proceeding,
action or matter and shall not, directly or indirectly, in
whole or in part, be revealed or disclosed, or made available
for inspection or copying to persons other than
“qualified persons” as defined in paragraphs 2.2.
Notwithstanding the above, a party to the litigation may use
their own Confidential Information as they see fit unless
doing so would disclose another party's Confidential
Information and that other party does not consent in writing
to that use.
“Qualified Person” for