Benton v. Walmart, Inc ( 2024 )

1 HALL & EVANS, LLC KURT R. BONDS, ESQ. 2 Nevada Bar No. 6228 TANYA M. FRASER, ESQ. 3 Nevada Bar No. 13872 4 1160 North Town Center Drive Suite 330 5 Las Vegas, Nevada 89144 (702) 998-1022 6 nvefile@hallevans.com Attorneys for Defendant 7 8 UNITED STATES DISTRICT COURT 9 FOR THE DISTRICT OF NEVADA 10 CONSTANCE BENTON, Special Administrator of CASE NO: 2:23-cv-01034-GMN-BNW the Estate of ROBERT BARCONIA, JR., deceased, 11 Plaintiff(s), 12 v. 13 WALMART INC., a Delaware Corporation d/b/a 14 WALMART SUPERCENTER #3728; ROE VENDOR CORPORATION; ROE SECURITY FIRST AMENDED STIPULATED 15 COMPANY, DOES I-X and ROE PROTECTIVE ORDER CORPORATIONS 11-X, inclusive, 16 Defendant(s). 17 The parties to this action, Plaintiff CONSTANCE BENTON, Defendant WALMART INC. 18 d/b/a WALMART SUPERCENTER #3728 (“Walmart”), and Defendant BROSNAN RISK 19 CONSULTANTS, LTD (“Brosnan”), by and through their respective attorneys of record, hereby 20 stipulate and request that the Court enter a stipulated protective order pursuant as follows: 21 1. The Protective Order shall be entered pursuant to the Federal Rules of Civil 22 Procedure. 23 2. The Protective Order shall govern all materials deemed to be “Confidential 24 Information.” Such Confidential Information shall include the following: 25 a. Any and all documents referring or related to confidential and proprietary 26 human resources or business information; financial records of the parties; 27 compensation of Defendant’s current or former personnel; policies, 1 procedures and/or training materials of Defendant and/or Defendant’s 2 organizational structure; 3 b. Any documents from the personnel, medical or workers’ compensation file of 4 any current or former employee or contractor; 5 c. Any documents relating to the medical and/or health information of Plaintiff 6 or any of Defendant’s current or former employees or contractors; 7 d. Any portions of depositions (audio or video) where Confidential Information 8 is disclosed or used as exhibits. 9 3. In the case of documents and the information contained therein, designation of 10 Confidential Information produced shall be made by (1) identifying said documents as confidential 11 in Defendant’s FRCP 26(a) disclosures and any supplements made thereto; (2) placing the following 12 legend on the face of the document and each page so designated “CONFIDENTIAL;” or (3) 13 otherwise expressly identified as confidential via written correspondence. Both parties will use their 14 best efforts to limit the number of documents designated Confidential. 15 4. Confidential Information shall be held in confidence by each qualified recipient to 16 whom it is disclosed, shall be used only for purposes of this action, shall not be used for any business 17 purpose, and shall not be disclosed to any person who is not a qualified recipient. All produced 18 Confidential Information shall be carefully maintained so as to preclude access by persons who are 19 not qualified recipients. 20 5. Qualified recipients shall include only the following: 21 a. In-house counsel and law firms for each party and the secretarial, clerical and 22 paralegal staff of each; 23 b. Deposition notaries and staff; 24 c. Persons other than legal counsel who have been retained or specially 25 employed by a party as an expert witness for purposes of this lawsuit or to 26 perform investigative work or fact research; 27 d. Deponents during the course of their depositions or potential witnesses of this 1 e. The parties to this litigation, their officers and professional employees. 2 6. Each counsel shall be responsible for providing notice of the Protective Order and 3 the terms therein to persons to whom they disclose “Confidential Information,” as defined by the 4 terms of the Protective Order. 5 Persons to whom confidential information is shown shall be informed of the terms of this 6 Order and advised that its breach may be punished or sanctioned as contempt of the Court. Such 7 deponents may be shown Confidential materials during their deposition but shall not be permitted to 8 keep copies of said Confidential materials nor any portion of the deposition transcript reflecting the 9 Confidential Information. 10 If either party objects to the claims that information should be deemed Confidential, that 11 party’s counsel shall inform opposing counsel in writing within thirty (30) days of receipt of the 12 Confidential materials that the information should not be so deemed, and the parties shall attempt 13 first to dispose of such disputes in good faith and on an informal basis. If the parties are unable to 14 resolve their dispute, they may present a motion to the Court objecting to such status. The 15 information shall continue to have Confidential status during the pendency of any such motion. The 16 party asserting the label of “Confidential” shall bear the burden of showing the same within said 17 motion to show why said document is entitled to such protection. 18 7. No copies of Confidential Information shall be made except by or on behalf of 19 attorneys of record, in-house counsel or the parties in this action. Any person making copies of such 20 information shall maintain all copies within their possession or the possession of those entitled to 21 access to such information under the Protective Order. 22 8. Any party that inadvertently discloses or produces in this action a document or 23 information that it considers privileged or otherwise protected from discovery, in whole or in part, 24 shall not be deemed to have waived any applicable privilege or protection by reason of such 25 disclosure or production if, within 14 days of discovering that such document or information has 26 been disclosed or produced, the producing party gives written notice to the receiving party 27 identifying the document or information in question, the asserted privileges or protection, and the 1 destroyed. The receiving party shall return or destroy the inadvertently disclosed documents, upon 2 receipt of appropriately marked replacement documents. 3 9. The termination of this action shall not relieve the parties and persons obligated 4 hereunder from their responsibility to maintain the confidentiality of information designated 5 confidential pursuant to this Order. 6 10. Within thirty (30) days of the final adjudication or resolution of this Lawsuit, the 7 party receiving Confidential Information shall destroy said information, including all copies and 8 reproductions thereof. 9 11. Nothing in this Order shall be construed as an admission to the relevance, 10 authenticity, foundation or admissibility of any document, material, transcript or other information. 11 12. Nothing in the Protective Order shall be deemed to preclude any party from seeking 12 and obtaining, on an appropriate showing, a modification of this Order. 13 IT IS SO STIPULATED. 14 DATED this 30th day of April, 2024. DATED this 30th day of April, 2024. VEGAS VALLEY INJURY LAW HALL & EVANS, LLC 15 /s/Kristopher T. Zeppenfeld__________ /s/ _Kurt R. Bonds______________ 16 Kristopher T. Zeppenfeld, Esq. KURT R. BONDS, ESQ. Nevada Bar No. 12144 Nevada Bar #6228 17 kz@vegasvalleylaw.com 1160 North Town Center Drive 18 Garrett B. Logan, Esq. Suite 330 Nevada Bar No. 15063 Las Vegas, Nevada 89144 19 gbl@vegasValleylaw.com (702)998-1022 710 South Seventh Street, Suite C nvefile@hallevans.com 20 Las Vegas, Nevada 89101 Attorneys for Defendant Walmart Tel:(702)444-5555 21 Attorneys for Plaintiff(s) 22 DATED this 30th day of April, 2024. 23 OLSON CANNON & GORMLEY 24 /s/ Max Corrick______________ 25 MAX E. CORRICK, II, ESQ. Nevada Bar #6609 26 9950 West Cheyenne Avenue Las Vegas, Nevada 89129 27 (702)384-4012 Attorneys for Defendant Brosnan ] Benton v. Walmart, Inc., et ¢ Case No. 2:23-cv-01034-GMN-BN 2 First Amended Stipulated Protective Ord 3 ORDER 4 5 The terms of the above stipulation for a protective order by and between Defendant □□□□□ 6 Inc., Defendant Brosnan, and Plaintiff Constance Benton, by their respective counsel, shall heret 7 be the ORDER of this Court. 8 9 May 1, 2024 Les Are barn 10 DATE UNITED STATES MAGISTRATE JUDGE 11 12 SUBMITTED this 30® day of April, 2024. = 13 || HALL & EVANS, LLC 14 || 4/Kurt R. Bonds 5 15 KURT R. BONDS, ESQ. Nevada Bar No. 6228 2 16 1160 North Town Center Dr., Ste 330 Las Vegas, Nevada 89144 17 |) (702) 998-1022 18 nvefile@hallevans.com Attorneys for Defendant Walmart, Inc. 19 20 IT IS FURTHER ORDERED that any documents under the purview of the Protective Orde 21 that the parties wish to file under seal must be filed in compliance with LR IA 10-5 and 22 || Kamakana v. City & Cnty. of Honolulu, 447 F.3d 1172 (9th Cir. 2006). 23 24 25 26 27 28 5 KRB/20147