Pasiecznik v. Home Depot U.S.A., Inc. ( 2021 )

1 |] RESNICK & LOUIS, P.C. 5 || Lynn Rivera, Esq. SBN: 6797 lrivera@rlattorneys.com 3 || 8925 W. Russell Road, Suite 220 Las Vegas, NV 89148 4 || Telephone: (702) 997-3800 5 Facsimile: (702) 997-3800 Attorneys for Defendani, 6 || The Home Depot U.S.A, Inc. 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE DISTRICT OF NEVADA 10 WILLIAM J. PASIECZNIK, CASE NO.: 2:20-CV-02202 RFB-BNW Plaintiff, v. CONFIDENTIALITY STIPULATION 13 AND PROTECTIVE ORDER HOME DEPOT U.S.A., INC.; a foreign 14 || Corporation authorized to conduct business in Nevada; DOE PROPERTY OWNER; ROE 15 || PROPERTY OWNER; DOHOME DEPOT 16 U.S.A., INC.; a foreign Corporation authorized to conduct business in Nevada; DOE 17 || PROPERTY OWNER; ROE PROPERTY OWNER; DOE PROPERTY MANAGER; 18 || ROE PROPERTY MANAGEMENT 19 COMPANY; DOE SECURITY EMPLOYEE; ROE SECURITY COMPANY; DOES I 20 || through X; and ROE CORPORATIONS XI through XX, inclusive, jointly and severally, 21 Defendants. Jy 23 The discovery sought by the parties in the above-styled case is likely to involve 24 production of documents and things containing business, competitive, proprietary, trade secret > or other information of a sensitive nature about the party (or of another person which 26 information the party is under a duty to maintain in confidence), hereafter referred to as 27 “Confidential Information,” and witness testimony containing Confidential Information. 28 1 || Accordingly, the parties having agreed to enter into this Confidentiality Stipulation and 2 || Protective Order (“the Order”) to govern the production of documents and testimony that 3 || contains Confidential Information, and for good cause shown, the Court hereby ORDERS as 4 || follows: 5 Designation of Confidential Information. 6 1. Designation of Material. Documents and other things claimed to be or to contain 7 |! Confidential Information shall, prior to production, be marked by the producing party as 8 | “Confidential.” Placement of the “Confidential” designation on each protected page or on the 9 initial page of a protected document when it is produced shall constitute notice and shall 10 designate the document as Confidential material. Copies, extracts, summaries, notes, and other i derivatives of Confidential material also shall be deemed Confidential material and shall be subject to the provisions of this Order. 8 2. Subsequent Designation. Documents and/or materials produced in the litigation "4 that are not identified as Confidential Information when they were initially produced may ? within a reasonable time thereafter be designated as Confidential by the producing party, or by the party or parties receiving the production, or by a person, by providing written notice to 8 counsel for all other parties and to any person who may be involved. Each party or person who 19 receives such written notice shall endeavor to retrieve any Confidential Information that may 20 have been disseminated, shall affix a “Confidential” designation to it, and shall thereafter distribute it only as allowed by this Order. No distribution prior to the receipt of such written 2 notice shall be deemed a violation of this Order. 3 3. Designation of Depositions. Depositions or portions thereof upon oral or written 4 || questions may be classified as Confidential Information either by an examining party's attorney 25 || or by an attorney defending or attending the deposition. A party claiming that a deposition or 26 || any portion thereof is Confidential Information shall give notice of such claim to the other 27 || affected parties and persons either prior to or during the deposition, or within twenty-eight (28) 28 1 || days after receipt of the deposition transcript, and the testimony taken and the transcript of such 2 || deposition or portion thereof shall be designated as Confidential. 3 4. Modification of Designation. The designation of Confidential Information by 4 || the producing party shall not be determinative and may be modified or eliminated at any time in 5 || one of two ways, as explained below. 6 (a) The producing party may agree in writing to downgrade or eliminate the 7 Confidential designation concerning any material it produced. 8 (b) If the parties cannot agree as to the designation of any particular 9 information or material after good faith discussion, the receiving party may move the 10 Court to downgrade or eliminate the “Confidential” designation. The burden of proving i that the information. has been properly designated as protected shall be on the party who 12 made the original designation. 8 Access to Confidential Information “4 1. General Access. Except as otherwise expressly provided herein or ordered by the Court, Confidential Information may be revealed only as follows: (a) To outside counsel for a party hereto (and secretaries, paralegals, and 8 other staff employed in the offices of such outside counsel who are working on the 19 litigation), provided that outside counsel who are not of record must first sign and 20 deliver to counsel of record for each other party or parties a letter in the form of Exhibit 1 A hereto. (b) To the parties after they have been given a copy of this Confidentiality 3 Stipulation by their outside counsel and signed a letter in the form of Exhibit A. 24 (c) To court reporters transcribing a deposition, hearing, or other proceeding 25 in this matter whit sign Exhibit A attached hereto (excluding court-appointed court 26 reporters). 7 (d) To independent experts and independent consultants (meaning a person 28 who is not an employee, officer, director, or owner in any capacity of a party and who is 1 retained by a party or a party’s outside counsel in good faith for the purpose of assisting 2 in this litigation) who sign Exhibit A attached hereto. 3 Nothing herein shall prevent the producing party from showing the documents or 4 || information to an employee of that party. 5 2. No Copies/Notes. Except for internal use by outside counsel for the parties 6 hereto, for Court and deposition copies, and for such use as is expressly permitted under the 7 |l terms hereof, no person granted access to Confidential Information shall make copies, 8 reproductions, transcripts, or facsimiles of the same or any portion thereof or shall take notes or 9 otherwise summarize the contents of such Confidential Information. 10 3. Disputes over Access. Ifa dispute arises as to whether a particular person should M be granted access to Confidential Information, the party seeking disclosure may move the Court 12 to permit the disclosure and must obtain an order of the Court before disclosing the information. 8 Use of Confidential Information “4 1. Use in this Litigation Only. Confidential Information may be used only for ° purposes of this litigation. Each person to whom the disclosure of any Confidential Information is made shall not, directly or indirectly, use, disclose, or disseminate, or attempt to use, disclose, 8 or disseminate, any of the same except as expressly provided herein. 19 2. Use at Depositions. If Confidential Information is to be discussed or disclosed 50 during a deposition, the producing party shall have the right to exclude from attendance at the deposition, during the time the Confidential Information is to be discussed, any person not 2 entitled under this Order te receive the Confidential Information. 3 3. Use at Court Hearings and Trial. Subject to Nevada Rules of Civil Procedure 94 || and Nevada Rules of Evidence, Confidential Information may be offered into evidence at trial 25 |jor at any hearing or oral argument, provided that the proponent of the evidence containing 26 || Confidential Information gives reasonable advance notice to the Court and counsel for the 27 || producing or designating party. Any party may move the Court for an order that the evidence 28 || be received in camera or under other conditions to prevent unnecessary disclosure. If presented 1 || at trial, the status of evidence as Confidential Information shall not be disclosed to the finder of 2 |] fact. 3 4. Filing Under Seal. Each document filed with the Court that contains any 4 || Confidential Information shall be filed in a sealed envelope or other appropriate sealed 5 || container on which shall be set forth the title and number of this action, a general description or 6 || title of the contents of the envelope, and a statement that the contents are Confidential and 7 subject to a Protective Order and that the envelope is not to be opened nor the contents thereof 8 revealed except to counsel of record in the litigation or court personnel, or pursuant to order of 9 the Court. Copies of such documents served on counsel for other parties shall be marked as 10 Confidential. 5. Reasonable Precautions. Counsel for each party shall take all reasonable precautions to prevent unauthorized or inadvertent disclosure of any Confidential Information. 8 6. Return After Litigation. Within thirty (30) days of the final termination of this 4 litigation by judgment, appeal, settlement, or otherwise, or sooner if so ordered by the Court, counsel for each party shall return to counsel for the party who furnished the same all items constituting, containing, or reflecting the other party's Confidential Information. In lieu or 18 returning the Confidential Information, Plaintiff may destroy the records upon completion of 19 litigation, with written confirmation to Home Depot that the destruction took place. 20 Other Provisions 1. Not an Admission. Nothing in this Order shall constitute an admission by the party that information designated as Confidential is actually Confidential Information. 3 Furthermore, nothing contained herein shall preclude the parties or a person from raising any 94 ||available objection, or seeking any available protection with respect to any Confidential 25 || Information, including but not limited to the grounds of admissibility of evidence, materiality, 26 || trial preparation materials and privilege. 27 2. Miscellaneous. This Order shall apply to the production of all materials whether 28 |} or not such materials are informally produced or produced in response to a formal discovery 1 || request or a Court order in this litigation. This Order may be used to protect the confidentiality 2 || of the residential addresses and social security numbers of the parties and of any and all current 3 || or former employees of either of the parties or their affiliates. 4 SO STIPULATED AND AGREED: 6 DATED: _December 3, , 2021 RESNICK & LOUIS, P.C. 7 /s/ Lynn Rivera LYNN RIVERA, ESQ. 8 Attorneys for Defendant 9 HOME DEPOT.U.S.A., INC. Nov. Zo 10 DATED: ‘ , 2021 BOWENXLAW OFFIC, 11 PAW Soren R. BOWEN, ESQ. 12 Attorneys for Plainti B WILLIAM J. PASHCZNIK 14 15 16 17 18 19 : 20 21 Order IT IS ORDERED that ECF No. 41 is DENIED without 22 prejudice. The parties may refile a proposed stipulated 23 protective order that is consistent with federal law (including but not limited to Kamakana v. City & Cnty. of Honolulu, 447 24 F.3d 1172 (9th Cir. 2006) and Ctr. for Auto Safety v. Chrysler 25 Grp., LLC, 809 F.3d 1092 (9th Cir. 2016). Additionally, all future filings must comply with LR IA 10-1(b). 26 IT IS SO ORDERED 27 on awe bon 2 8 CREO aRTC or JUDGE EXHIBIT A 2 || AGREEMENT CONCERNING INFORMATION COVERED BY CONFIDENTIALITY 3 STIPULATION AND PROTECTIVE ORDER 4 I have been designated by as a person who may have access to Confidential Information as that term is defined in the Confidentiality Stipulation and Protective 7 Order (the “Order”) entered in the above-entitled case. 8 Having read the Order, I agree to comply fully with it and to be bound by its terms with 9 || respect to all documents and information designated as “Confidential” under the Order. I agree 10 || not to copy any documents or information that have been designated as “Confidential” and disclosed to me and not to disclose such documents or information to any person or entity not authorized under the Order to view Confidential Information. 14 I declare under penalty of perjury under the laws of the United States of America that the 15 || foregoing is true and correct. Executed this day of , 2021. 16 17 18 Name ss—‘“‘isSSSCS 19 20 >] Address 22 23 Employr 24 25 26 Job Title 27 28