Opinion

Potapova v. Experian Information Solutions Inc.

Court
District Court, S.D. New York
Filed
Mar 20, 2025
Cited by
0 cases
Authority
More cited than 34.5%

The opinion

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF NEW YORK

IULIIA POTAPOVA, )

)

Plaintiff, )

)

v. )

) Case No. 1:24-cv-06703-JMF

EXPERIAN INFORMATION

)

SOLUTIONS, INC., et al.,

)

)

Defendants.

)

)

STIPULATED PROTECTIVE ORDER

IT IS HEREBY STIPULATED by and between Plaintiff Iuliia Potapova (“Plaintiff”) and

Defendants Experian Information Solutions, Inc. (“Experian”), Trans Union LLC (“Trans

Union”), and Equifax Information Services, LLC ("Equifax," and collectively with Experian and

Trans Union, “Defendants”), through their respective attorneys of record, as follows:

WHEREAS, documents, testimony and information have been and may be sought,

produced or exhibited by and among the parties relating to trade secrets, proprietary systems,

confidential applicant or employee information, confidential commercial information, confidential

research and development, or other proprietary information belonging to Defendants and/or credit

and other confidential information of Plaintiff and third parties whose information may be

disclosed during the discovery process.

THEREFORE, this Court orders as follows:

1. This Order shall govern the use, handling and disclosure of all documents,

testimony or information produced or given in this action that are designated to be subject to this

Order.

2. Any documents, testimony or information submitted, either voluntarily or pursuant

to any subsequent order, which is asserted in good faith by the producing party or by any other

party to contain or constitute information protected by Federal Rule of Civil Procedure 26(c) or

other provision of law, shall be so designated in writing, or orally at a deposition, hearing, or trial,

and shall be segregated from other information being submitted. Materials so designated shall be

clearly marked on their face with the legend: “Confidential.” Such documents, transcripts, or

other materials are referred herein as “Confidential Materials.”

3. A party wishing to designate portions of a deposition transcript Confidential

pursuant to this Order must, within 2 business days from the conclusion of the deposition, order

the original or a copy of the transcript of the deposition from the court reporter for regular

turnaround. The designating party may designate those portions of the transcript Confidential, in

accordance with paragraph 2 of this Order. The designating party shall designate such Confidential

Material either on the record or by serving upon all counsel of record, via facsimile or other

electronic transmission, a Notice setting forth the page, line numbers, and designation. The

designating party must serve such Notice within 14 calendar days after its counsel receives a copy

of the deposition transcript. All transcripts will be treated as confidential until the expiration of

the 14-day period described in this paragraph. Any portions of a transcript designated as

confidential shall thereafter be treated as confidential in accordance with this Order. The parties

shall negotiate in good faith to alter the time frames set forth in this paragraph in situations where

a more expedited filing of a designated portion of the deposition transcript is required.

4. All Confidential Materials, and all information derived therefrom (including, but

not limited to, all testimony, deposition or otherwise, that refers, reflects, or otherwise discusses

any such materials), shall not be used, directly or indirectly, by any person 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 this Order.

5. The Parties agree that Confidential Materials produced in discovery in this case

shall not be used, be required to be produced or admissible, in whole or in part, in any other legal

or administrative proceedings.

6. Subject to paragraph 9, in the absence of prior written permission from the

designating party or an order by the Court, Confidential Materials shall not be disclosed to any

person other than: (i) the parties and their attorneys and support staff employees who perform work

tasks related to this case; (ii) qualified persons taking testimony involving such material and

necessary stenographic and clerical personnel; (iii) disclosed experts and their staff employed for

this litigation; except that a party may disclose its own Confidential Materials to an expert who

may not be identified as a testifying expert; (iv) present or former employees of the producing

party in connection with their depositions in this action, including witness produced pursuant to

Fed. R. Civ. P. 30(b)(6); (v) witnesses who are deposed in this action or who are called to testify

as witnesses at any hearing in this action, but only in preparation for the deposition or hearing and

only as to such material in which the witness is identified as an originator, author, addressee, or

recipient of the original or a copy; and (vi) the Court, Court personnel, and members of any jury

impaneled to hear this case.

7. Subject to paragraph 9, Confidential Materials shall not be disclosed to any person

designated in paragraph 6(iii) unless he or she has executed a written, dated declaration in the form

attached as Exhibit A, acknowledging that he or she has first read this Order, agreed to be bound

by the terms thereof, agreed not to reveal such Confidential Materials to anyone, and agreed to

utilize such Confidential Materials solely for the purposes of this litigation. All persons to whom

Confidential Materials are disclosed are hereby enjoined from disclosing same to any other person

except as provided in this Order, and are also enjoined from using same, except in the preparation

for and trial of this case between the named parties thereto. No person receiving or reviewing

Confidential Materials shall disseminate or disclose them to any person other than those described

above in Paragraph 6 and for the purposes specified, and in no event shall such person make any

other use of such Confidential Materials.

8. No person receiving or reviewing Confidential Materials shall disseminate or

disclose them to any person other than those described above in paragraphs 6 and 7.

9. In the event that any party disagrees with any designation made under this Order,

that party shall bring it to the attention of the designating party within a reasonable time after

discovering their disagreement. The parties shall first attempt in good faith to resolve the

disagreement informally. If the dispute cannot be resolved and the receiving party concludes in

good faith that the materials have been improperly classified, the receiving party shall notify the

designating party in writing by facsimile or by electronic transmission of its objection, but shall

continue to maintain the documents or other information as confidential for fifteen (15) days after

such notice. The designating party shall have the right to move the Court to retain the designated

status of such materials. If the designating party files such a motion within the fifteen (15) day

period, the receiving party shall continue to retain the materials as Confidential consistent with the

designating party’s designation, until the Court has ruled on the designating party’s motion.

10. Subject to paragraph 9, any party seeking to file Confidential Materials with the

Court must contact the designating party (5) days prior to such filing to: (i) provide the designating

party with notice that it seeks to file Confidential Materials with the Court; and (ii) meet and confer

in good faith to determine whether a redacted version of the Confidential Materials can be filed

with the Court. In the event no agreement is reached for the filing of a redacted version, the party

seeking to file such Confidential Materials shall file such material in accordance with the Local

Rules and Judge Furman’s Individual Rules and Practices in Civil Cases. The parties shall work

together in good faith to coordinate the filing of all motions and material covered by this paragraph

to permit compliance with the Local and Individual Rules.

11. Subject to paragraph 9, within sixty (60) days after the conclusion of this case, upon

request by the designating party, the receiving party shall assemble and return to the designating

party all materials containing information designated in accordance with paragraph 2 above. The

designating party may elect to have its designated materials destroyed rather than returned, in

which case the other party shall provide written verification that the materials, including any

summaries, extracts, compilations, notes, or other attorney work product, have been destroyed.

12. The inadvertent or unintentional disclosure of Confidential Materials by a

producing party of information subject to a claim of attorney-client privilege or work product

immunity shall not be deemed a waiver in whole or in part of the party’s claim of privilege or work

product immunity, either as to the specific information disclosed or as to any other information

relating thereto or on the same subject matter. If a party has inadvertently produced information

subject to a claim of privilege or immunity, the receiving party, upon request, or, on its own

initiative at such time as the receiving party reasonably and in good faith believes itself to be in

possession of inadvertently produced materials subject to a claim of privilege or immunity,

whichever occurs first, shall promptly return the inadvertently produced materials, and all copies

of those materials that may have been made and any notes regarding those materials shall be

destroyed. The party returning such information may move the Court for an order compelling

production.

13. Nothing in this Protective Order shall be construed to prevent a party or a nonparty

from seeking such further provisions regarding confidentiality as may be appropriate or from

seeking an amendment or modification of the existing terms of this Protective Order upon proper

notice, motion, and showing.

14. Nothing in this Protective Order shall be deemed a waiver by a party of any

objections that might be raised as to the relevance or admissibility at trial of evidentiary materials.

15. Except as to documents filed with the Court, this Order shall remain binding after

the conclusion of this case unless otherwise ordered by the Court, and the Court shall retain

jurisdiction over all parties bound hereby for the purposes of enforcing this Order. Each individual

signing the acknowledgment attached as Exhibit A agrees to be subject to the jurisdiction of this

Court for purposes of this Order.

16. This Order does not prevent any party from seeking to seal trial transcripts and/or

trial exhibits, including documents previously filed under seal, or from seeking any other similar

relief pursuant to the local rules.

17. Neither the entry of this Order, nor the designation of any material as Confidential,

nor the failure to make such designation, shall constitute evidence on any issue in this case. The

designation of any materials as Confidential does not waive that party’s objection to any discovery

on the ground that it seeks information protected by Federal Rule of Civil Procedure 26(c) or other

provision of law.

18. Nothing herein shall affect or restrict the rights of any party with respect to its own

documents or to the information obtained or developed independently of materials afforded

confidential treatment pursuant to this Order.

19. The Court may impose appropriate sanctions for the disclosure of Confidential

Information in violation of this Protective Order or for the improper designation of documents or

testimony pursuant to this Protective Order.

Dated: March 19, 2025 Respectfully submitted,

/s/ Emily A. Carey

Emily A. Carey

JONES DAY

250 Vesey St.

New York, NY 10281

Tel: (212) 326-3727

Fax: (212) 755-7306

ecarey@jonesday.com

Counsel for Defendant

Experian Information Solutions, Inc.

Dated: March 19, 2025 /s/ Craig C. Marchiando

Craig C. Marchiando

CONSUMER LITIGATION ASSOCIATES

763 J. Clyde Morris Blvd., Suite 1-A

Newport News, VA 23601

Tel: (757) 930-3660

Email: craig@clalegal.com

Abel Luc Pierre

LAW OFFICE OF ABEL L. PIERRE, PC

140 Broadway, 46th Floor

New York, NY 10005

Tel: 212.766.33.23

abel@apierrelaw.com

Counsel for Plaintiff Iuliia Potapova

Dated: March 19, 2025 /s/ Adam Theodore Hill

Adam Theodore Hill

SEYFARTH SHAW LLP

233 S. Wacker Drive

Suite 8000

Chicago, IL 60606

Tel: (312) 460-5954

Fax: (312) 460-7961

ahill@seyfarth.com

Counsel for Defendant Equifax

Information Services, LLC

Dated: March 19, 2025 /s/ Andrew G. Hope

Andrew George Hope

Krista A. Rose (admitted pro hac vice)

BUCHANAN INGERSOLL & ROONEY, P.C.

Two Liberty Place

50S. 16th Street

19102, Suite 3200

Philadelphia, PA 19102

Tel: (215) 665-5322

andrew. hope@bipc.com

Counsel for Defendant

Trans Union LLC

IT IS SO ORDERED.

Dated: _March 20_, 2025 QuG—_

Hon. Jesge M. Furnran

UNITED STATES DISTRICT JUDGE

This stipulation binds the parties to treat as confidential the documents so classified. This Court,

however, has not reviewed the documents referenced herein; therefore, by so ordering this

stipulation, the Court makes no finding as to whether the documents are confidential. That finding

will be made, if ever, upon a document-by-document review pursuant to the procedures set forth in

the Court’s Individual Rules and Practices and subject to the presumption in favor of public access to

“Judicial documents.” See generally Lugosch v. Pyramid Co. of Onondaga, 435 F.3d 110, 119-20

(2d Cir. 2006). To that end, the Court does not “so order” any provision to the extent that it purports

to authorize the parties to file documents under seal without a prior court order. See New York ex rel.

Khurana v. Spherion Corp., No. 15-CV-6605 (JMF), 2019 WL 3294170 (S.D.N.Y. July 19, 2019).

EXHIBIT A

DECLARATION OF _________________ UNDER

STIPULATED PROTECTIVE ORDER

I, ___________________, being duly sworn, declare as follows:

1. My address is __________________________________________________.

2. My present employer is __________________________________________.

3. My present occupation or job description is ___________________________

I hereby acknowledge that: (i) I have been given a copy of the Stipulated Protective

Order (“Protective Order”) in the above-referenced case; (ii) I have carefully read the Protective

Order; and (iii) I understand and am familiar with the terms of the Protective Order.

I will comply with all of the provisions of the Protective Order. I will hold all

Confidential Materials disclosed to me, including the substance and any copy, summary abstract,

excerpt, index or description, in confidence, and will not disclose such material to anyone not

qualified under the Protective Order. I will not use any Confidential Material disclosed to me for

any purposes other than this case.

I will return all Confidential Material that comes into my possession and all documents

and things that I have prepared relating thereto, to counsel for the Party by who I am retained or

employed, or from whom I received such material.

I hereby submit to the jurisdiction of the United States District Court for the Southern

District of New York for the purpose of enforcement of the Protective Order in this case.

I declare under the penalty of perjury that the foregoing is true and correct.

Executed this ____ day of _____________, 20__, at __________________.

_____________________________

QUALIFIED PERSON

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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