United States District Court, D. Nevada
NATASHA PORTEOUS on behalf of herself and all others similarly situated, Plaintiffs,
CAPITAL ONE SERVICES II, LLC and DOES 1 through 50, inclusive, Defendants.
Anthony L. Martin Nevada Bar No. 8177 Tullio J. Marchionne
Nevada Bar No. 4684 OGLETREE, DEAKINS, NASH, SMOAK &
STEWART, P.C. Attorneys for Defendant Capital One Services
THIERMAN BUCK LLP Joshua D. Buck, Esq. Nevada Bar No. 12187
Leah L. Jones, Esq. Nevada Bar No. 13161 Attorneys for
STIPULATED [REVISED] PROTECTIVE ORDER GOVERNING THE
CONFIDENTIALITY OF INFORMATION AND DOCUMENTS
Natasha Porteous (“Plaintiff”) has filed an
action individually and on behalf of others similarly
situated in the above-captioned Court against Capital One
Services II, LLC (“Defendant”), alleging
violations of the Fair Labor Standards Act
(“FLSA”) and Nevada state law. Defendant denies
Plaintiff's allegations and that she or others similarly
situated are entitled to any relief.
and any potential Opt-In Plaintiffs (collectively,
“Plaintiffs”) are expected to and have requested
confidential, non-public information and documents from
Defendant, including, but not limited to, personnel files and
other employee information. Plaintiffs are also expected to
request documents related to Defendant's business
operations. Defendant considers this information and these
documents to be private and confidential. Defendant is
expected to request documents and information regarding the
Plaintiffs' compensation and personal finances,
employment history, general background, and education, which
Plaintiffs may consider to be private and confidential.
in this case will require the production of documents,
inspection of tangible things, the answering of
interrogatories and requests to admit, and the taking of oral
and/or written depositions, during which the aforementioned
proprietary, trade secret, confidential and/or private
information and documents of the parties will be exchanged
and disclosed. To expedite the flow of discovery without risk
of automatic waiver of confidentiality, to facilitate the
prompt resolution of disputes over confidentiality, and to
protect adequately material entitled to be kept confidential,
the Parties agree to limit the disclosure and use of
proprietary, trade secret, confidential and private
information and documents as stipulated, pursuant to this
Protective Order, on the following terms:
following definitions shall apply to this Protective Order:
A. This “Action” shall refer to the
above-captioned proceeding in the United States District
Court for the District of Nevada and any appeal thereof
through final judgment.
B. “Producing Party” shall mean any person or
entity producing documents, information or other materials in
this Action, including any party to this Action or any third
C. “Party” shall mean the named Plaintiff and any
opt-in Plaintiffs and Defendant in this Action, and any other
person that may become a named party to this Action.
D. “Confidential” information shall be defined as
such documents, deposition testimony or other information
disclosed during discovery in this Action which the Producing
Party or another Party reasonably and in good faith contends
contains information that should be protected from disclosure
pursuant to this Protective Order. Any Party may designate
any information or documents as Confidential in the
reasonable exercise of such Party's sole discretion;
provided, however, by agreeing to this Protective Order, no
Party waives the right to challenge any other Party's
designation of any information or document as Confidential.
E. “Attorneys' Eyes Only” shall mean only to
be reviewed by the Parties' counsel of record.
F. “Legend” as used herein shall mean a stamp or
similar insignia stating “Confidential” or
“Confidential - Attorneys' Eyes Only”.
G. When reference is made in this Protective Order to any
document or Party, the singular shall include the plural, and
plural shall include the singular.
DESIGNATION OF INFORMATION AND DOCUMENTS
any document or things produced under this Protective Order
are designated Confidential or Confidential - Attorneys'
Eyes Only, a Legend shall be affixed to the first page and
all pages containing information for which the Producing
Party seeks protection. When information produced in answer
to an Interrogatory, or response to a Request for Production
or Request for Admission is designated as Confidential ...