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Calkins v. Portfolio Recovery Associates, LLC

United States District Court, D. Nevada

October 23, 2017

MICHAEL CALKINS, Plaintiff,
v.
PORTFOLIO RECOVERY ASSOCIATES, LLC, a foreign limited liability company; and EXPERIAN INFORMATION SERVICES, INC. Defendants.

          Gina M. Mushmeche Nevada Bar No. 10411 Attorneys for Defendant Portfolio Recovery Associates, LLC

          Vernon Nelson Nevada Bar No. 6434 Attorneys for Plaintiff Michael Calkins

          Jennifer L. Braster Naylor & Braster Nevada Bar No. 9982 Attorneys for Defendant Experian Information Solutions

          STIPULATED PROTECTIVE ORDER

          HON. CAM FERENBACH UNITED STATES MAGISTRATE JUDGE

         IT IS HEREBY STIPULATED by and between Plaintiff Michael Calkins (“Plaintiff”), Defendant Portfolio Recovery Services Inc. (“PRA”), and Defendant Experian Information Solutions, Inc. (“Experian”) (collectively, “the Parties”) 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 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, along with a Motion To Seal in relation to allegedly “Confidential” materials; provided, however, that a copy of such filing having the confidential information deleted therefrom may be made part of the public record. Any party seeking to file any document under seal must comply with the requirements of Civil Local Rules.

         4. The parties understand that the Ninth Circuit has held that there is a presumption of public access to judicial files and records, and that parties seeking to maintain the confidentiality of documents attached to nondispositive motions must show good cause exists to overcome the presumption of public access. See Kamakana v. City and County of Honolulu, 447 F.3d 1172, 1179 (9th Cir. 2006). The parties understand, that parties seeking to maintain the secrecy of documents attached to dispositive motions must show compelling reasons sufficient to overcome the presumption of public access. Id., at 1180. The parties understand that all motions to seal must address the applicable standard and explain why that standard has been bet. The parties further understand, that the fact that a court has entered a blanket protective order and that a party has designated a document as confidential pursuant to that protective order does not, standing alone, establish sufficient grounds to seal a filed document. See Foltz v. State Farm Mut. Auto. Ins. Co., 331 F.3d 1122, 1133 (9th Cir. 2003); see also Beckman Indus.., Inc. v. Int'l Ins. Co., 996 F.2d 470, 476 (9th Cir. 1992).

         If the sole ground for a motion to seal is that the opposing party (or non-party) has designated a document as subject to protection pursuant to the stipulated protective order, the movant must notify the opposing party (or non-party) at least seven days prior to filing the designated document. The designating party must then make a good faith determination if the relevant standard for sealing is met. 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 that 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.

         In the event of an emergency motion, the procedures in the paragraph above shall not apply. Instead, the movant shall file a motion to seal and the designating party shall file a declaration in support of that motion to seal within three days following its filing. The parties understand that if the designating party fails to timely file such a declaration, the Court may order the document filed in the public record.

         5. 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 Plaintiff, PRA, and Experian, for any business, commercial or competitive purposes or for any ...


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