Jackson v. Wal-Mart Stores, Inc. ( 2019 )

1 {| ROBERT K, PHILLIPS, ESQ. Nevada Bar No. 11441 2 || TIMOTHY D. KUHLS, ESQ. 3 Nevada Bar No. 13362 " || PHILLIPS, SPALLAS & ANGSTADT, LLC 4 || 504 South Ninth Street Las Vegas, Nevada 89101 5 || (702) 938-1510 (702) 938-1511 (Fax) 7 tkuhis@psalaw,net g || Attorneys for Defendant Wal-Mart Stores, Inc. 9 UNITED STATES DISTRICT COURT 10 DISTRICT OF NEVADA Hy TYRONE JACKSON, an individual, Case No. 2:19-cv-00737-JAD-GWF 12 as Plaintiff, STIPULATED PROTECTIVE ORDER 13 || ¥: BETWEEN PLAINTIFF TYRONE 14 | WAL-MART STORES, INC.; DOES | through | 2ACKSON AND DEFENDANT WAle ‘100; and ROE COROPORATION 101 dough 15 ||,200, inclusive, 16 Defendant(s}. 17 18 |i. The parties to this action, Defendant WAL-MART STORES, INC. (‘‘Walmart” o1 19 |-“Defendant”) and Plaintiff TYRONE JACKSON (“Plaintiff”) (collectively, the “Parties”), by their 99 || respective counsel, Nereby stipulate and request that the Court enter a stipulated protective order 1 || pursuant as follows: 22 1. The Protective Order shall be entered pursuant to the Federal Rules of Civil 93 || Procedure. 24 2. The Protective Order shall govern all materials deemed to be “Confidential 45 || Information.” Such Confidential Information shall include the following: = "26 (a). Any and all documents referring’ or related to confidential and proprietary 27 human resources or business information; financial records of the parties; 28 compensation of Defendant’s current or former personnel; policies, procedures 1 and/or training materials of Defendant and/or Defendant’s organizationa 2 structure; 3 (b) Any documents from the personnel, medical or workers’ compensation file o: 4 any current or former employee or contractor; ° (c) Any documents relating to the medical and/or health information of any o: Defendant's current or former employees or contractors; 8 (d) Any portions of depositions (audio or video) where Confidential Information is 9 disclosed or used as exhibits. 10 3. In the case—of documents and the information contained therein, designation of 11 ||.Confidential Information produced shall be made by (1) identifying said documents as confidential ir 12 |} Defendant’s FRCP 26(a) disclosures; (2) placing the following legend on the face of the document and 13 || each page so designated “CONFIDENTIAL;” or (3) otherwise expressly identified as confidential vis 14 || written correspondence. Defendant will use its best efforts to limit the number of documents 15 || designated Confidential. 6} 4. Confidential Information shall be held in confidence by each qualified recipient i 17 }| whom it is disclosed, shall be used only for purposes of this action, shall not be used for any busines: 18 || purpose, and shall rot be disclosed to any person who is not a qualified recipient. All producec 19 |! Confidential Information shall be carefully maintained so as to preclude access by persons who are no 20 qualified recipients. 21 5. Quali“ed recipients shall include only the following: 22 (a) In-house counsel and law firms for each party and the secretarial, clerical anc 23 paralegal staff of each; 24 (b) Deposition notaries and staff; 25 || (c) Persons other than legal counsel who have been retained or specially employec 26 by a party as an expert witess for purposes of this lawsuit or to perforn 27 investigative work or fact research; 28 (d) | Deponents during the course of their depositions or potential witnesses of this 1 case; and 2 (e) . The parties to this litigation, their officers and professional employees. 3 6. Each counsel shall be responsible for providing notice of the Protective Order and the 4 || terms therein +0 persons to whom they disclose “Confidential Information,” as defined by the terms □□ 5 || the Protective Order. 6 Persons to whom confidential information is shown shall. informed of the terms of thi: 7 || Order and advised that its breach may be punished or sanctioned as contempt of the Court. Suck 8 || deponents may be shown Confidential materials during their deposition but shall not be permitted tc 9 || keep copies of said Tonfidential materials nor any portion of the deposition transcript reflecting the 10 | Confidential Informetion. il If either pariy objects to the claims that information should be decmed Confidential, tha 12 || party’s counsel shal’ inform opposing counsel in writing within thirty (30) days of receipt of the 13 |) Confidential materiais that the information should not be so deemed, and the parties shall attempt firs 14 || to dispose of such d’sputes in good faith and on an informal basis. If the parties are unable to resolve 15 || their dispute, the ovposing party may indicate precisely what documents are to be deemed no: 16 || confidential, and the movant would have the burden of proof in justifying the protective order with 17 |! respect to those documents pursuant to Cipollone v. Liggett Group, Inc., 785 F.2d 1108, 1122 (3d Cir 18 || 1986). The information shall continue to have Confidential status during the pendency of any suck 19 || motion. 20 ji No copies of Confidential Information shall be made except by or on behalf of attorneys o 21 || record, in-house co:risel or the parties in this action. Any person making copies of such □□□□□□□□□□ 22 || shall maintain all ccpies within their possession or the possession of those entitled to access to sucl 23 information under the Protective Order. 24 7. “Any party that inadvertently discloses ot produces in this action a document o 25 || information that it considers privileged or otherwise protected from discovery, in whole or in part 26 || shall not be deemed :o have waived any applicable privilege or protection by reason of such disclosur 27 || or production if, witsin 14 days of discovering that such document or information has been □□□□□□□□ 28 || or produced, the producing party gives written notice to the receiving party identifying the documen 1 |] or infermation in question, the asserted privileges or protection, and the grounds there for, with a 2 || request that all copies of the document or information be returned or destroyed. The receiving party 3 ||:shall return or des roy the inadvertently disclosed documents, upon-receipt of approp propriately: marked 4 } replacement documents. 5 8. The termination of this action shall not relieve the parties and persons obligated 6 || hereunder from their responsibility to maintain the confidentiality of information designated 7 || confidential pursuant 'to this Order. 8 9. Within thirty (30) days of the final adjudication or resolution of this Lawsuit, the party 9 || receiving Confidential Information shail destroy all Confidential Material, including all copies and 10 |; reproductions thereo’, to counsel for the designating party. it 10. Nothing in this Order shali be construed as an admission to the relevance, authenticity, 12 || foundation or admissibility of any document, material, transcript or other information. 13}; 1h. Nothi 1g in the Protective Order shall be deemed to preclude any party from seeking 14 || and obtaining, on an appropriate showing, a modification of this Order. 15 sy ¢ 16 || DATED this | day of August, 2019. DATED this | day of August, 2019. 17 || BERNSTEIN & POISSON PHILLIPS, SPALLAS & ANGSTADT LLC 18 (~y . A}, □□□□□□ TH i 19 || y AM. Dic \ —— St Q x ROBERT K. PHILLIPS, ESQ. 20 || Nevada Bar No, iv’ / Nevada Bar No. 14411 BRIAN M. BOYER, ESQ. (UZ MICHAEL A. ARATA, ESQ. Nevada Bar No. 12°85 Nevada Bar No. 11902 . 320 S. Jones Blvd. □ evada ar NO. 79 || Las Vegas, NV 8917 504 S. 9 Street Las Vegas, NV 89101 23 || Attorneys for Plainsiff Tyrone Jackson Attorneys for Defendant 24 Wal-Mart Stores, Inc. 25 , IT IS SO ORDERED. 26 27 : UNITED S AGISTRATE JUDGE 28 Dated: August 30, 2019