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Pauli v. CIT Bank, N.A.

United States District Court, D. Nevada

November 29, 2017

KATHRYN L. PAULI, formerly known as KATHRYN L. HODAPP, Plaintiff,
v.
CIT BANK, N.A, and EQUIFAX INFORMATION SERVICES LLC, Defendants.

          JACOB D. BUNDICK, ESQ, Nevada Bar No. 9772 GREENBERG TRAURIG, LLP Counsel for Defendant CIT Bank, N.A.

          STIPULATED CONFIDENTIALITY AGREEMENT AND PROTECTIVE ORDER

         Plaintiff Kathryn L. Pauli, formerly known as Kathryn L. Hodapp ("Plaintiff), Defendant CIT Bank, N.A. ("CITB"), and Defendant Equifax Information Services LLC ("Equifax") (collectively, the "Parties"), hereby enter into the following Stipulated Confidentiality Agreement and Protective Order ("Protective Order").

         Based upon the mutual order reflected in this stipulation, the Parties agree as follows:

         1. This Protective Order shall govern all documents, materials, depositions, testimony, transcripts, responses to requests for admissions, interrogatory responses, items, and/or other information obtained or provided through discovery in this action (collectively "Information") that a Party designates as "Confidential" or "Confidential - Attorney's Eyes Only" pursuant to the terms hereof (collectively "Confidential Information").

         2. Any Party that produces Information in this action and has a good faith and reasonable basis for claiming that such Information constitutes confidential and/or proprietary information may designate such Information as Confidential Information. Any Party that produces Information, and has a reasonable basis for claiming that such Information would not be sufficiently protected through designation under this Protective Order as Confidential Information (for example, because of a significant competitive advantage that is likely to be gained from it), may designate such Information as "Confidential - Attorney's Eyes Only."

a. For documents, materials, or other written Information, a Party shall designate such Information as Confidential Information by stamping or otherwise labeling each page or item containing Confidential Information as "Confidential" or "Confidential - Attorney's Eyes Only."
b. For interrogatories and written discovery, designation shall be made by placing the legend "Confidential" on any page(s) of any answer deemed to contain such confidential information, indicating any portion of such page which does not contain such confidential information. Alternatively, answers deemed to contain confidential information may be bound separately and marked with the appropriate legend.
c. For testimony, a Party shall designate such Information as Confidential Information on the record or within 30 days after receipt of the official transcript. Until the 30 day period has expired, the entire transcript shall be considered "Confidential - Attorney's Eyes Only." Such Party shall also require the court reporter to label the portion of the transcript containing the information as "Confidential" or "Confidential - Attorney's Eyes Only."
d. A Party's inadvertent or unintentional failure to designate Information as Confidential Information or "Confidential - Attorney's Eyes Only" shall not be deemed a waiver in whole or in part of that Party's claim of confidentiality, if the disclosing Party takes prompt action after discovering such omission to notify all Parties in writing that such Information constitutes Confidential Information or "Confidential - Attorney's Eyes Only." However, the Party who received that Information without knowledge of its confidential nature may not be held in violation of this Order for using or disclosing that Information before notification of the inadvertent or unintentional failure to designate that Information as Confidential Information or "Confidential - Attorney's Eyes Only."

         4. In the event a Designating Party elects to produce documents for inspection and the receiving Party desires to inspect them before designating them for copying, the Designating Party need not mark the documents in advance of any such inspection. For purposes of the inspection, and any subsequent inspection of the original documents, all documents produced for inspection shall be deemed to be designated as Confidential Information. Thereafter, upon selection of specified documents for copying by the receiving Party, the Designating Party may make the appropriate confidentiality designation at the time the copies are produced to the receiving party.

         6. The Parties may use Confidential Information in discovery responses, motions, briefs, and other pleadings, may mark Confidential Information as exhibits, and may use Confidential Information in depositions and at trials in this action as appropriate.

         8. Except as provided above, or as otherwise agreed by the producing Party, the Parties shall not disclose information marked as "Confidential - Attorney's Eyes Only" to anyone other ' than the following subset of Qualified Persons: (a) outside counsel for a Party, and employees of such attorneys (including vendors), for purposes of assisting in this action; (b) any other person or entity as to whom counsel for the owner/proprietor of the Confidential Information agrees in writing, or whom the Court directs shall have access to such information; (c) expert witnesses or consultants employed by a Party or its attorneys of record for purposes of assisting in this action who have provided their written consent to comply with the terms of this Protective Order in the form attached as Exhibit A hereto; and (d) the Court and Court personnel. Prior to disclosing any information marked as "Confidential - Attorney's Eyes Only" to experts or consultants pursuant to this paragraph, Counsel for the party contemplating such disclosure shall determine that: (i) disclosure to the expert of particular Confidential Information is, in that counsel's good faith judgment, necessary to that party's prosecution of the case; (ii) the expert is not, and is not believed to intend to become, affiliated with or employed by any entity that is or intends to become a competitor of the opposing party; and (iii) counsel has formed a good faith and informed belief that the individual has not previously violated any confidentiality Order or order and is not likely to violate the terms of this Protective Order. No Qualified Person shall disclose any "Confidential - Attorney's Eyes Only" information to anyone other than a Qualified Person who falls within the limited subset of Qualified Persons identified in paragraph 7; provided, however, this Protective Order shall not prohibit any disclosure of "Confidential - Attorney's Eyes Only" that may be required by law to persons other than Qualified Persons, but only upon order of the Court after notice to all other Parties. Also, no Qualified Person shall: (a) use Confidential Information for any purpose other than in connection with this action; or (b) disclose Confidential Information to anyone other than a Qualified I Person who has agreed in writing to the terms of this Protective Order in the form attached as Exhibit A. No Qualified Person shall disclose any "Confidential - Attorney's Eyes Only" information to anyone other than a Qualified Person who falls within the limited subset of Qualified Persons identified in paragraph 7.

          9. Within ninety (90) days from the conclusion of these proceedings, all Confidential Information, including any copies thereof, shall either be returned to the producing Party, or be certified as having been destroyed. Subject to the terms of this Protective Order, the attorneys of record, however, are permitted to keep a file copy of Confidential Information that was submitted to the Court, included in discovery responses, or contained in deposition transcripts. Also, the conclusion of these proceedings shall not relieve any person to whom Confidential Information has been disclosed from the requirements of this Protective Order.

         10. If at any time during the pendency of this action, any Party claims that another Party has unreasonably designated Information as "Confidential" or "Confidential - Attorney's Eyes Only, " the objecting Party may, after a good faith attempt to resolve the dispute with such other Party, make an appropriate application to the Court requesting that specifically identified Information be re-designated or excluded from the provisions of this Protective Order. If the Court determines that a Party's refusal to de-designate the Information as "Confidential" or "Confidential - Attorney's Eyes Only" was in bad faith, the Court shall award the moving Party its reasonable attorney fees and costs incurred in the application proceeding. The burden of proof with ...


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