Blinn v. Caliber Home Loans, Inc.
Blinn v. Caliber Home Loans, Inc.
Trial Court Opinion
1 Miles N. Clark, Esq. Nevada Bar No. 13848 2 LAW OFFICES OF MILES N. CLARK, LLC 5510 S. Fort Apache Rd, Suite 30 3 Las Vegas, NV 89148 Phone: (702) 856-7430 4 Fax: (702) 552-2370 Email: [email protected] 5
6 Counsel for Plaintiff Anne Blinn 7 UNITED STATES DISTRICT COURT 8 DISTRICT OF NEVADA 9 ANNE BLINN, Case No. 2:25-cv-00501-GMN-MDC 10 Plaintiff, STIPULATED PROTECTIVE ORDER 11 v. Complaint filed: March 17, 2025 12 CALIBER HOME LOANS, INC.; Assigned to Hon. Judge Gloria M. Navarro 13 DISCOVER BANK; EQUIFAX INFORMATION SERVICES LLC; 14 EXPERIAN INFORMATION SOLUTIONS, INC.; GOODLEAP LLC; NEWREZ LLC 15 DBA, SHELLPOINT MORTGAGE SERVICING; and TRANS UNION LLC, 16 Defendants. 17 18 IT IS HEREBY STIPULATED by and between Plaintiff Anne Blinn (“Plaintiff”) and 19 Defendants Caliber Home Loans, Inc. (“Caliber”); Experian Information Solutions, Inc. 20 (“Experian”); NewRez LLC dba, Shellpoint Mortgage Servicing (“Shellpoint”); and Trans Union 21 LLC (“Trans Union”) (collectively, the “Parties”),1 by and through their counsel of record, as 22 follows: 23 WHEREAS, documents and information have been and may be sought, produced or 24 exhibited by and among the parties to this action relating to trade secrets, confidential research, 25 development, technology or other proprietary information belonging to the defendants and/or 26 1 Of the presently named defendants, GoodLeap and Equifax have noticed settlements in 27 principle, and Defendant Discover has stipulated with Plaintiff to arbitrate any claims, although Discover has not yet filed the stipulation in question. 1 personal income, credit and other confidential information of Plaintiff. 2 THEREFORE, an Order of this Court protecting such confidential information shall be and 3 hereby is made by this Court on the following terms: 4 1. This Order shall govern the use, handling and disclosure of all documents, 5 testimony or information produced or given in this action which are designated to be subject to 6 this Order in accordance with the terms hereof. 7 2. Any party or non-party producing or filing documents or other materials in this 8 action may designate such materials and the information contained therein subject to this Order by 9 typing or stamping on the front of the document, or on the portion(s) of the document for which 10 confidential treatment is designated, “Confidential.” That designation may be challenged in 11 accordance with Paragraph 14 of this Order. 12 3. Any documents that are to be filed with the Court that contain any information 13 related to or derived from confidential materials shall be filed under seal subject to determination 14 of the Court regarding whether the confidentiality designation will be upheld. Any party filing 15 any document under seal must comply with the filing requirements of local rules regarding any 16 such documents, including but not limited to the filing of a separate motion to seal. See, e.g., LR 17 10-5A. Any such motion to seal shall also explain how the confidential material comports with 18 the applicable standard from Kamakana v. City of Honolulu,
447 F.3d 1172(9th Cir. 2006) and its 19 progeny. 20 4. To the extent any motions, briefs, pleadings, deposition transcripts, or other papers 21 to be filed with the Court incorporate documents or information subject to this Order, the party 22 filing such papers shall designate such materials, or portions thereof, as “Confidential,” and shall 23 file them with the clerk under seal. However, once a document has any confidential information 24 deleted therefrom, it may be made part of the public record. 25 5. All documents, transcripts, or other materials subject to this Order, and all 26 information derived therefrom (including, but not limited to, all testimony, deposition, or 27 otherwise, that refers, reflects or otherwise discusses any information designated Confidential 1 hereunder), shall not be used, directly or indirectly, by any person, including Plaintiff, Caliber, 2 Shellpoint, Experian, and Trans Union for commercial or competitive purposes or for any purpose 3 whatsoever other than solely for the preparation and trial of this action in accordance with the 4 provisions of this Order. 5 6. All depositions or portions of depositions taken in this action that contain 6 confidential information may be designated as “Confidential” and thereby obtain the protections 7 accorded other confidential information. The parties shall have twenty-one (21) days from the date 8 a deposition is taken, or fourteen (14) days from the date a deposition transcript is received, 9 whichever date is greater, to serve a notice to all parties designating portions as “Confidential.” 10 Until such time, all deposition testimony shall be treated as confidential information. If no such 11 notice is filed, then the deposition or transcript will become part of the public record. To the extent 12 any designations are made on the record during the deposition, the designating party need not serve 13 a notice re-designating those portions of the transcript as confidential information. Any party may 14 challenge any such designation in accordance with Paragraph 14 of this Order. 15 7. Except with the prior written consent of the individual or entity designating a 16 document or portions of a document as “Confidential,” or pursuant to prior Order after notice, any 17 document, transcript or pleading given “Confidential” treatment under this Order, and any 18 information contained in, or derived from any such materials (including but not limited to, all 19 deposition testimony that refers, reflects or otherwise discusses any information designated 20 confidential hereunder) may not be disclosed other than in accordance with this Order and may 21 not be disclosed to any person other than: (a) the Court and its officers; (b) parties to this litigation; 22 (c) counsel for the parties, whether retained counsel or in-house counsel and employees of counsel 23 assigned to assist such counsel in the preparation of this litigation; (d) fact witnesses subject to a 24 proffer to the Court or a stipulation of the parties that such witnesses need to know such 25 information; (e) present or former employees of the producing party in connection with their 26 depositions in this action (provided that no former employees shall be shown documents prepared 27 after the date of his or her departure); and (f) experts specifically retained as consultants or expert 1 witnesses in connection with this litigation, or employees of said expert witness that are assigned 2 to assist the expert witness. 3 8. Documents produced pursuant to this Order shall not be made available to any 4 person designated in Subparagraph 7 (d), (e), or (f) unless he or she shall have first read this Order, 5 agreed to be bound by its terms, and signed the attached Declaration of Compliance. 6 9. Third parties who are the subject of discovery requests, subpoenas or depositions 7 in this case may take advantage of the provisions of this Protective Order by providing the parties 8 with written notice that they intend to comply with and be bound by the terms of this Protective 9 Order. 10 10. All persons receiving any or all documents produced pursuant to this Order shall 11 be advised of their confidential nature. All persons to whom confidential information and/or 12 documents are disclosed are hereby enjoined from disclosing same to any person except as 13 provided herein and are further enjoined from using same except in the preparation for and trial of 14 the above-captioned action between the named parties thereto. No person receiving or reviewing 15 such confidential documents, information or transcript shall disseminate or disclose them to any 16 person other than those described above in Paragraph 6 and for the purposes specified, and in no 17 event, shall such person make any other use of such document or transcript. 18 11. Nothing in this Order shall prevent a party from using at trial any information or 19 materials designated “Confidential.” 20 12. This Order has been agreed to by the parties to facilitate discovery and the 21 production of relevant evidence in this action. Neither the entry of this Order, nor the designation 22 of any information, document, or the like as “Confidential,” nor the failure to make such 23 designation, shall constitute evidence with respect to any issue in this action. 24 13. Inadvertent failure to designate any document, transcript, or other materials 25 “Confidential” will not constitute a waiver of an otherwise valid claim of confidentiality pursuant 26 to this Order, so long as a claim of confidentiality is promptly asserted after discovery of the 27 inadvertent failure. If a party designates a document as “Confidential” after it was initially 1 produced, the receiving party, on notification of the designation, must make a reasonable effort to 2 assure that the document is treated in accordance with the provisions of this Order, and upon 3 request from the producing party certify that the designated documents have been maintained as 4 confidential information. 5 14. If any party objects to any designation of any materials as “Confidential,” the 6 parties shall attempt in good faith to resolve such objection by agreement. If the parties cannot 7 resolve their objections by agreement, the party objecting to the designation may seek the 8 assistance of the Court. A party shall have thirty (30) days from the time a “Confidential” 9 designation is made to challenge the propriety of the designation. Until an objection has been 10 resolved by agreement of counsel or by order of the Court, the materials shall be treated as 11 Confidential and subject to this Order. The designating party shall have the burden of proving 12 that any document designated as CONFIDENTIAL is entitled to such protection. 13 15. Within sixty (60) days after the final termination of this litigation, all documents, 14 transcripts, or other materials afforded confidential treatment pursuant to this Order, including any 15 extracts, summaries or compilations taken therefrom, but excluding any materials which in the 16 good faith judgment of counsel are work product materials, shall be returned to the Producing 17 Party. In lieu of return, the parties may agree to destroy the documents, to the extent practicable. 18 Nothing herein shall affect or restrict the rights of any party with respect to its own documents or 19 to the information obtained or developed independently of documents, transcripts and materials 20 afforded confidential treatment pursuant to this Order.
21 22 23 24 25 26 27 ] 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: May 12, 2025. 5 LAW OFFICES OF MILES N. CLARK, LLC SKANE MILLS LLP 6 /s/ Miles N. Clark /s/ Sarai Leora Brown 7 Miles N. Clark, Esq. Sarai Leora Brown, Esq. Nevada Bar No. 13848 Nevada Bar No. 11067 8 5510S. Fort Apache Rd, Suite 30 1120 Town Center Drive, Suite 200 Las Vegas, NV 89148 Las Vegas, Nevada 89144 9 Email: [email protected] Email: [email protected] Email: [email protected] 10 Counsel for Plaintiff Anne Blinn Counsel for Defendant Trans Union LLC 12 NAYLOR & BRASTER ATLAS SOLOMON LLP 13 /s/ Jennifer L. Braster /s/ Natalie L. Winslow 14 Jennifer L. Braster, Esq. Natalie L. Winslow, Esq. Nevada Bar No. 9982 Nevada Bar No. 12125 15 10100 W. Charleston Blvd., Suite 120 Melanie D. Morgan, Esq. Las Vegas, NV 89135 Nevada Bar No. 8215 16 Email: [email protected] 7674 W. Lake Mead Blvd., Suite 220 Las Vegas, Nevada 89129 17 Counsel for Defendant Email: [email protected] 18 Experian Information Solutions, Inc. Email: mmorgan@ atlas-solomon.com 19 Counsel for Defendant NewRez LLC dba Shellpoint Mortgage 20 Servicing and Caliber Home Loans, Ine. 21 ORDER GRANTING STIPULATED PROTECTIVE ORDER 22 IT IS SO ORDERED. f ZA — 23 A fe vw fe ef, ° 24 | DATED: 5/13/2025 La A LP 25 Howi“Maximiliare’ D. Couvil #r III Pitted States Magistrate kidge 2% Blinn i/Calib Home Loans, Inc. et al Cas¢ No. 2f25-cv-00501-GMN-MDC 27 28 cars 6 of 7
1 EXHIBIT A DECLARATION OF COMPLIANCE 2 Blinn v. Caliber Home Loans, Inc. et al United States District Court, District of Nevada 3 Case No. 2:25-cv-00501-GMN-MDC 4 I, _____________________________________, declare as follows: 5 1. My address is ____________________________________________________________. 6 2. My present employer is ____________________________________________________. 7 3. My present occupation or job description is _____________________________________. 8 4 I have received a copy of the Stipulated Protective Order entered in this action on 9 _______________, 2025. 10 5. I have carefully read and understand the provisions of this Stipulated Protective Order. 11 6. I will comply with all provisions of this Stipulated Protective Order. 12 7. I will hold in confidence and will not disclose to anyone not qualified under the Stipulated 13 Protective Order, any information, documents or other materials produced subject to this 14 Stipulated Protective Order. 15 8. I will use such information, documents or other materials produced subject to this 16 Stipulated Protective Order only for purposes of this present action. 17 9. Upon termination of this action, or upon request, I will return and deliver all information, 18 documents or other materials produced subject to this Stipulated Protective Order, and all 19 documents or things which I have prepared relating to the information, documents or other 20 materials that are subject to the Stipulated Protective Order, to my counsel in this action, or to 21 counsel for the party by whom I am employed or retained or from whom I received the documents. 22 10. I hereby submit to the jurisdiction of this Court for the purposes of enforcing the Stipulated 23 Protective Order in this action. I declare under penalty of perjury under the laws of the United 24 States that the following is true and correct. 25 EXECUTED this ____ day of _____________, 2025 at _______. 26 ____________________________________ 27 QUALIFIED PERSON
Reference
- Status
- Unknown