1 || CRAIG B. FRIEDBERG, ESQ. Nevada Bar No. 004606 2 || LAW OFFICES OF CRAIG B. FRIEDBERG, ESQ. 3 || 4760 South Pecos Rd., Ste 103 Las Vegas, Nevada 89121 4 || P: (702) 435-7968 5 attcbf@ cox.net THOMAS J. LYONS JR., ESQ. 6 || (Admitted Pro Hac Vice) CONSUMER JUSTICE CENTER P.A. 7 || 367 Commerce Court Vadnais Heights, MN 55127 8 || Telephone: (651) 770-9707 Facsimile: (651)704-0907 9 || tommy @consumerjusticecenter.com 10 || Attorneys for Plaintiff 11 UNITED STATES DISTRICT COURT 12 DISTRICT OF NEVADA 13 14 ROBERT W. HERMAN, Case No. 3:19-cv-00507-LRH-WGC 15 Plaintiff, STIPULATED PROTECTIVE ORDER 16 v. 17 EXPERIAN INFORMATION SOLUTIONS, 18 || INC., 19 Defendant. 20 2] IT IS HEREBY STIPULATED by and between Plaintiff Robert W. Herman and 92 || Defendant Experian Information Solutions, Inc. (“Experian”) through their respective attorneys of 23 || record, as follows: WHEREAS, documents and information have been and may be sought, produced or 25 || exhibited by and among the parties to this action relating to trade secrets, confidential research, 26 || development, technology or other proprietary information belonging to the defendants, and/or 97 || personal income, credit and other confidential information of Plaintiff. 28
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.” 10 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 "2 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 Civil LR IA 10-5. '6 4, All documents, transcripts, or other materials subject to this Order, and all "7 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” hereunder), shall not be used, directly or indirectly, by any person, including the *0 other Defendants, 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. 3 5. All depositions or portions of depositions taken in this action that contain confidential information may be designated as "Confidential" and thereby obtain the protections accorded other confidential information. The parties shall have twenty-one (21) calendar days *6 from the date a deposition is taken, or fourteen (14) calendar days from the date a deposition transcript is received, whichever date is greater, to serve a notice to all parties designating specific 28
portions of the transcript as "Confidential." Until such time, all deposition testimony shall be treated as confidential information. To the extent any designations are made on the record during ° the deposition, the designating party need not serve a notice re-designating those portions of the transcript as confidential information. Any party may challenge any such designation in ° accordance with Paragraph 13 of this Order. ° 6. 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 0 deposition testimony that refers to, reflects or otherwise discusses any information designated “Confidential” hereunder) may not be disclosed other than in accordance with this Order and may 2 not be disclosed to any person other than: (a) the Court and its officers; (b) parties to this 8 litigation; (c) counsel for the parties, whether retained outside 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 in connection with their depositions in this action (provided that no former employees shall be shown 8 documents prepared after the date of his or her departure); and (f) experts specifically retained as consultants or expert witnesses in connection with this litigation. 7. Documents produced pursuant to this Order shall not be made available to any person designated in Subparagraph 5(f) unless he or she shall have first read this Order, agreed to be bound by its terms, and signed the attached Declaration of Compliance. °° 8. Third parties who are the subject of discovery requests, subpoenas or depositions in this case may take advantage of the provisions of this Protective Order by providing the parties with written notice that they intend to comply with and be bound by the terms of this Protective *° Order. 27 28
9. All persons receiving any or all documents produced pursuant to this Order shall ° be advised of their confidential nature. All persons to whom confidential information and/or ° documents are disclosed are hereby enjoined from disclosing same to any person except as provided herein, and are further enjoined from using same except in the preparation for and trial ° of the above-captioned action between the named parties thereto. No person receiving or ° reviewing such confidential documents, information or transcript shall disseminate or disclose ’ them to any person other than those described above in Paragraph 5 and for the purposes specified, and in no event shall such person make any other use of such document or transcript. ° 10. Nothing in this Order shall prevent a party from using at trial any information or 0 materials designated “Confidential.” 11. This Order has been agreed to by the parties to facilitate discovery and the 2 production of relevant evidence in this action. Neither the entry of this Order, nor the designation 8 of any information, document, or the like as “Confidential,” nor the failure to make such designation, shall constitute evidence with respect to any issue in this action. 12. Within sixty (60) days after the final termination of this litigation, all documents, transcripts, or other materials afforded confidential treatment pursuant to this Order, including " any extracts, summaries or compilations taken therefrom, but excluding any materials which in 8 the good faith judgment of counsel are work product materials, shall be returned to the Producing Party. In lieu of return, the parties may agree to destroy the documents, to the extent practicable. 13. If any party to this litigation disagrees at any point in these proceedings with any designation made under this Protective Order, the parties shall first try to resolve such dispute in good faith on an informal basis in accordance with Civil LR IA 1-3(f) and LR 26-7.
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1 || CRAIG B. FRIEDBERG, ESQ. Nevada Bar No. 004606 2 || LAW OFFICES OF CRAIG B. FRIEDBERG, ESQ. 3 || 4760 South Pecos Rd., Ste 103 Las Vegas, Nevada 89121 4 || P: (702) 435-7968 5 attcbf@ cox.net THOMAS J. LYONS JR., ESQ. 6 || (Admitted Pro Hac Vice) CONSUMER JUSTICE CENTER P.A. 7 || 367 Commerce Court Vadnais Heights, MN 55127 8 || Telephone: (651) 770-9707 Facsimile: (651)704-0907 9 || tommy @consumerjusticecenter.com 10 || Attorneys for Plaintiff 11 UNITED STATES DISTRICT COURT 12 DISTRICT OF NEVADA 13 14 ROBERT W. HERMAN, Case No. 3:19-cv-00507-LRH-WGC 15 Plaintiff, STIPULATED PROTECTIVE ORDER 16 v. 17 EXPERIAN INFORMATION SOLUTIONS, 18 || INC., 19 Defendant. 20 2] IT IS HEREBY STIPULATED by and between Plaintiff Robert W. Herman and 92 || Defendant Experian Information Solutions, Inc. (“Experian”) through their respective attorneys of 23 || record, as follows: WHEREAS, documents and information have been and may be sought, produced or 25 || exhibited by and among the parties to this action relating to trade secrets, confidential research, 26 || development, technology or other proprietary information belonging to the defendants, and/or 97 || personal income, credit and other confidential information of Plaintiff. 28
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.” 10 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 "2 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 Civil LR IA 10-5. '6 4, All documents, transcripts, or other materials subject to this Order, and all "7 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” hereunder), shall not be used, directly or indirectly, by any person, including the *0 other Defendants, 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. 3 5. All depositions or portions of depositions taken in this action that contain confidential information may be designated as "Confidential" and thereby obtain the protections accorded other confidential information. The parties shall have twenty-one (21) calendar days *6 from the date a deposition is taken, or fourteen (14) calendar days from the date a deposition transcript is received, whichever date is greater, to serve a notice to all parties designating specific 28
portions of the transcript as "Confidential." Until such time, all deposition testimony shall be treated as confidential information. To the extent any designations are made on the record during ° the deposition, the designating party need not serve a notice re-designating those portions of the transcript as confidential information. Any party may challenge any such designation in ° accordance with Paragraph 13 of this Order. ° 6. 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 0 deposition testimony that refers to, reflects or otherwise discusses any information designated “Confidential” hereunder) may not be disclosed other than in accordance with this Order and may 2 not be disclosed to any person other than: (a) the Court and its officers; (b) parties to this 8 litigation; (c) counsel for the parties, whether retained outside 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 in connection with their depositions in this action (provided that no former employees shall be shown 8 documents prepared after the date of his or her departure); and (f) experts specifically retained as consultants or expert witnesses in connection with this litigation. 7. Documents produced pursuant to this Order shall not be made available to any person designated in Subparagraph 5(f) unless he or she shall have first read this Order, agreed to be bound by its terms, and signed the attached Declaration of Compliance. °° 8. Third parties who are the subject of discovery requests, subpoenas or depositions in this case may take advantage of the provisions of this Protective Order by providing the parties with written notice that they intend to comply with and be bound by the terms of this Protective *° Order. 27 28
9. All persons receiving any or all documents produced pursuant to this Order shall ° be advised of their confidential nature. All persons to whom confidential information and/or ° documents are disclosed are hereby enjoined from disclosing same to any person except as provided herein, and are further enjoined from using same except in the preparation for and trial ° of the above-captioned action between the named parties thereto. No person receiving or ° reviewing such confidential documents, information or transcript shall disseminate or disclose ’ them to any person other than those described above in Paragraph 5 and for the purposes specified, and in no event shall such person make any other use of such document or transcript. ° 10. Nothing in this Order shall prevent a party from using at trial any information or 0 materials designated “Confidential.” 11. This Order has been agreed to by the parties to facilitate discovery and the 2 production of relevant evidence in this action. Neither the entry of this Order, nor the designation 8 of any information, document, or the like as “Confidential,” nor the failure to make such designation, shall constitute evidence with respect to any issue in this action. 12. Within sixty (60) days after the final termination of this litigation, all documents, transcripts, or other materials afforded confidential treatment pursuant to this Order, including " any extracts, summaries or compilations taken therefrom, but excluding any materials which in 8 the good faith judgment of counsel are work product materials, shall be returned to the Producing Party. In lieu of return, the parties may agree to destroy the documents, to the extent practicable. 13. If any party to this litigation disagrees at any point in these proceedings with any designation made under this Protective Order, the parties shall first try to resolve such dispute in good faith on an informal basis in accordance with Civil LR IA 1-3(f) and LR 26-7. If the dispute °° cannot be resolved, the party objecting to the designation may seek appropriate relief from this Court. The designating party shall have the burden of proving that any document designated as CONFIDENTIAL is entitled to such protection. A party shall not be obligated to challenge the *° propriety of a Confidential designation at the time made, and a failure to do so shall not preclude a subsequent challenge thereto. During the pendency of any challenge to the designation of a
1 document or information, the designated document or information shall continue to be treated as 2 “Confidential” subject to the provisions of this Protective Order. 3 14. If the sole ground for a motion to seal is that the opposing party (or non-party) has 4 designated a document as subject to protection pursuant to the stipulated protective order, the 5 movant must notify the opposing party (or nonparty) at least fourteen (14) calendar days prior to 6 filing the designated document. The designating party must then make a good faith determination 7 if the relevant standard for sealing is met. To the extent the designating party does not believe the 8 relevant standard for sealing can be met, it shall indicate that the document may be filed publicly 9 no later than fourteen (14) calendar days after receiving notice of the intended filing. To the 10 extent the designating party believes the relevant standard for sealing can be met, it shall provide 11 a declaration supporting that assertion no later than fourteen (14) calendar days after receiving 12 notice of the intended filing. The filing party shall then attach that declaration to its motion to seal 13 the designated material. If the designating party fails to provide such a declaration in support of 14 the motion to seal, the filing party shall file a motion to seal so indicating and the Court may 15 order the document filed in the public record. In the event of an emergency motion, these 16 procedures shall not apply. 17 15. Nothing herein shall affect or restrict the rights of any party with respect to its own 18 documents or to the information obtained or developed independently of documents, transcripts 19 and materials afforded confidential treatment pursuant to this Order. 20 /// 21 /// 22 /// 23 /// 24 /// 25 /// 26 /// 27 /// 28
1 16. The Court retains the right to allow disclosure of any subject covered by this 2 stipulation or to modify this stipulation at any time in the interest of justice. 3 IT IS SO STIPULATED. 4 DATED this __ day of February 2020. 5 6 By:_/s/ Craig B. Friedberg By: /s/Andrew J. Sharples 7 Craig B. Friedberg, Esquire Jennifer L. Braster Law Offices of Craig B. Friedberg, Esq. Andrew J. Sharples 8 4760 South Pecos Road, Suite 103 Naylor & Braster Las Vegas, Nevada 89121 1050 Indigo Drive, Suite 200 9 (702) 435-7968 Las Vegas, NV 89145 attcbf @ cox.net (702) 420-7000 10 jbraster @nblawnv.com By:_/s/ Thomas J. Lyons asharples @nblawnv.com 11 Thomas J. Lyons Jr., Esq. Admitted Pro Hac Vice Attorneys for Defendant 12 CONSUMER JUSTICE CENTER P.A. Experian Information Solutions, Inc. 367 Commerce Court 13 Vadnais Heights, MN 55127 Telephone: (651) 770- 14 9707tommy @consumerjusticecenter.com 15 Attorneys for Plaintiff 16 ORDER UW Paragraph 14 is modified to reflect that any motion regarding filing confidential information and motions to seal shall comply with LR IA 10-5 and the requirements of Kamakana v. City and 18 |} County of Honolulu, 447 F.3d 1172 (9th Cir. 2006). See also, Center for Auto Safety v. Chrysler Group, LLC, 809 F.3d 1092, 1097 (9th Cir. 2016). 19 Dated: March 18, 2020. □□□ 6. Cott 20 UNITED STATES MAGISTRATE JUDGE 21 22 23 24 25 26 27 28
1 EXHIBIT A 2 DECLARATION OF COMPLIANCE 3 Robert W. Herman vy. Experian Information Solutions, Inc. 4 United States District Court, District of Nevada Case No. 3:19-cv-00507-LRH-WGC 5 6 lL , declare as follows: 7 1. My address is . 8 2. My present employer is . 9 3. My present occupation or job description is . 10 4 I have received a copy of the Stipulated Protective Order entered in this action on 11 , 2020. 12 □□□ 5. I have carefully read and understand the provisions of this Stipulated Protective 13 Order. 14 □□ 6. I will comply with all provisions of this Stipulated Protective Order. 15 7. I will hold in confidence, and will not disclose to anyone not qualified under the 16 Stipulated Protective Order, any information, documents or other materials produced subject to 17 this Stipulated Protective Order. 18 8. I will use such information, documents or other materials produced subject to this 19 Stipulated Protective Order only for purposes of this present action. 20 9. Upon termination of this action, or upon request, I will return and deliver all 21 information, documents or other materials produced subject to this Stipulated Protective Order, 22 and all documents or things which I have prepared relating to the information, documents or other 23 materials that are subject to the Stipulated Protective Order, to my counsel in this action, or to 24 counsel for the party by whom I am employed or retained or from whom I received the 25 documents. 26 /I/ 27 /I/ 28
10. I hereby submit to the jurisdiction of this Court for the purposes of enforcing the ° Stipulated Protective Order in this action. ° I declare under penalty of perjury under the laws of the United States that the following is true and correct. ° Executed this__— day of , 2020 at . 6 7 ee 8 QUALIFIED PERSON 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28