Morales v. Walmart Inc. ( 2024 )

1 | Tabetha A. Martinez, Esq. (NV 14237) Justin Pasquale, Esq. (NV 15079) BURGER, MEYER & ANGELO, LLP 3 | 400 South 4" St., Suite 500 Las Vegas, NV 89101 4 | Telephone: (949) 427-1888 Facsimile: (949) 427-1889 5 | Email: tmartinez@burgermeyer.com 6 jpasquale@burgermeyer.com Attorneys for Defendant WALMART INC. 8 9 UNITED STATES DISTRICT COURT 10 DISTRICT OF NEVADA 1] 12 | JODI MORALES, individually, Case No.: 2:24-cv-01492-DJA 13 Plaintiff, STIPULATED 14 vs. PROTECTIVE ORDER 15 | WALMART, INC. dba WALMART; a foreign corporation; DOES EMPLOYEES 1-10; and 16 | ROE BUSINESS ENTITIES 1-10, inclusive. 17 Defendant. 18 The parties have stipulated to the entry of this Protective Order pursuant to Fed. R. Civ. P. 19 26(c), LR IA 6-2, and the Ninth Circuit’s directives in Kamakana v. City and County of Honolulu, 20 447 F.3d 1172 (9th Cir. 2006). Discovery in this action related to the claims and defenses asserted 21 includes documents and/or information that Defendant Walmart Inc. asserts are confidential and/or 22 proprietary. The parties desire to set forth processes to protect the confidentiality of information and 23 documents that a party deems confidential and/or proprietary. Therefore, with good cause appearing, 24 IT IS HEREBY ORDERED THAT: 25 1. Designation of Confidential Documents and Information. The Responding Party shall mark 26 as “confidential” or “produced pursuant to protective order” or in some similar fashion any document 27 for which it claims protection under this order. The documents, things and information contained in 28 OTECTIVE ORDER 1 them or gleaned from them shall only be used, shown and disclosed only as provided in this order. 2 The term “confidential documents and information” as used in this order shall be construed to include 3 the documents and materials so marked, and their content, substance and the information contained 4 in or gleaned from them. The term shall also be construed to include any summaries, quotes, excerpts 5 and/or paraphrases of the documents, things or information. The designation shall be made in good 6 faith and shall not be made with respect to any document which is in the public domain, such as 7 patents, or any other document which has previously been produced or disseminated without 8 confidentiality protection. 9 2. Access to Confidential Documents and Information by Qualified Persons. This protective 10 order is limited to the context of pretrial civil discovery. This protective order does not restrict 11 dissemination of information if gained from other public sources outside of pretrial civil discovery. 12 Accordingly, access to confidential documents and other materials, any parts thereof, any summaries 13 or extracts thereof, as well as matters contained therein which are produced or obtained exclusively 14 through pre-trial discovery shall be limited to the following “qualified persons.” The following 15 persons are automatically deemed a “qualified person:” 16 a.This Court and its employees; 17 b.The jurors; 18 c.Counsel of record for the parties to this lawsuit; 19 d. Those paralegals, stenographic and clerical employees who are employed by and 20 assisting counsel of record; 21 e.The parties of record and their officers, directors, employees, counsel of record and 22 insurers to the extent necessary to assist in preparing for discovery, depositions, resolution, 23 or for trial, or who are otherwise assisting in this litigation; 24 f.Deposition witnesses; 25 g.Witnesses called at trial; 26 h.Any mediator who is assigned/chosen to hear this matter, and his/her staff, subject 27 to their agreement to maintain confidentiality to the same degree as required by this 1 i. Any expert or consultant (including persons directly employed by such experts or 2 consultants) who has been retained or specially employed by a party in anticipation of this 3 litigation or for trial of this case, to the extent necessary to assist in the litigation, and who 4 has signed a written certification in the form set forth in Attachment A; provided, however, 5 that no confidential documents and information shall be disseminated to any expert or 6 consultant: 7 i. Who is an employee of a direct business competitor of the party producing 8 the information; or 9 ii.Who is employed by a direct business competitor of the party producing the 10 information and who directly participates in design, manufacturing, marketing, or 11 service activities of direct business competitors. 12 h.Any certified shorthand or court reporters retained to report a deponent’s testimony 13 taken in this litigation; 14 i.Persons shown on the face of a document to have authored or received it; 15 j. Any person whom the parties agree, in advance and in writing, may receive such 16 protected information, provided that the person has signed a written certification in 17 the form set forth in Attachment A. 18 k.To any other persons as required by law or Court order. 19 Counsel of record shall maintain such certifications for all designated experts and shall 20 provide copies of the certifications upon demand to counsel for any opposing party. Demand to one 21 counsel of record for a party is deemed to be a demand to all counsel of record for a party. 22 3. Challenges to Claims of Confidentiality. If a party contends that any documents, 23 information or portions of them which another party or third party has designated as confidential are 24 not entitled to protection, the parties in good faith will confer and attempt to reach an agreement. If 25 the parties cannot reach an agreement, the party seeking to reclassify may seek appropriate relief 26 from the court, with the party seeking to maintain the confidential designation bearing the burden to 27 establish the claim of confidentiality. The documents and information shall remain confidential until 1 designation was unreasonable or unjustified, the Court may award the moving party’s attorney fees 2 and costs. 3 4. Use of Confidential Documents and Information Generally. Confidential documents, 4 things and information may be used solely in connection with this lawsuit and for no other purpose. 5 No qualified person who gains access to the confidential documents, things and information may 6 disclose them or their contents to any other person without the written stipulation of the producing 7 party or by order of this Court. 8 5.Use of Confidential Documents and Information in this Lawsuit. Confidential documents, 9 things and information may be used at trial, arbitration or at depositions, in accordance with the 10 following safeguards. If confidential documents, things and information are used in depositions, all 11 portions of the transcript of such depositions and exhibits thereto which refer to or relate to such 12 confidential documents, things or information shall themselves be considered as confidential 13 documents. The party introducing during a deposition such confidential documents, thing and 14 information shall ensure that the court reporter binds the confidential portions of the transcript and 15 exhibits separately and labels them “confidential.” In addition, each deponent is ordered that he may 16 not divulge any confidential documents, things or information except to qualified persons. 17 Confidential documents, things or information may be offered at the trial and/or arbitration of this 18 matter for consideration by the trier of fact. 19 6.Filing and Sealing. 20 A. To the extent that a pleading or other paper references a document designated for 21 protection under this Order, then the pleading or other paper shall refer the Court to the particular 22 document filed under seal without disclosing the contents of any confidential information. 23 B. Before any document designated for protection under this Order is filed under seal with 24 the Clerk, the filing party shall first consult with the party that originally designated the document 25 for protection under this Order to determine whether, with the consent of that party, the exhibit may 26 be filed with the Court not under seal. 27 C.Where agreement is not possible or adequate, a document designated for protection under 1 procedures of this Court, including, without limitation, LR IA 10-5, and the requirements of 2 Kamakana v. City and County of Honolulu, 447 F.3d 1172 (9th Cir. 2006) and its progeny. Any 3 motion brought pursuant to this provision must be accompanied by a competent certification that the 4 parties were unable to reach an agreement about an unsealed filing. 5 D. Where filing electronically under seal is not possible or adequate, before a document 6 designated for protection under this Order is filed with the Clerk, it shall be placed in a sealed 7 envelope marked CONFIDENTIAL which envelope shall also display the case name, docket 8 number, a designation of what the exhibit is, the name of the party on whose behalf it is submitted, 9 and the name of the attorney who has filed the exhibit on the front of the envelope. A copy of any 10 document filed under seal may also be delivered to the judicial officer’s chambers. All documents 11 filed under seal shall be served upon the non-disclosing party in paper form, notwithstanding whether 12 said documents are electronically filed, in accordance with LR IC 4-1(c). 13 E. To the extent that it is necessary for a party to discuss the contents of any document 14 designated for protection under this Order in a pleading or other paper filed with this Court, then 15 such portion of the pleading or other paper shall be filed under seal. In such circumstances, counsel 16 shall prepare two versions of the pleading or other paper: a public and a sealed version. The public 17 version shall contain a redaction of references to CONFIDENTIAL documents. The sealed version 18 shall be a full and complete version of the pleading or other paper and shall be filed with the Clerk 19 under seal as set forth above. A copy of the unredacted pleading or other paper also may be delivered 20 to the judicial officer’s chambers. 21 7. Disposal at the Conclusion of this Action. At the conclusion of this action, including any 22 appeal, or upon the settlement and/or dismissal of the litigation, all confidential documents, things 23 and information, and all copies thereof, shall be disposed of by the receiving party. Counsel for the 24 parties may preserve work product and privileged documents in their permanent files even though 25 such documents may reflect or contain confidential documents or information. 26 8. Amendments. Nothing in this order will prevent either party from seeking amendments 27 broadening or restricting the rights of access to and the use of confidential documents or information ] 9. Execution. Facsimile copies of signature pages may be used as originals and this Stipulated 2 || Protective Order may be executed in counterparts with the same full force and effect. This Stipulation 3 | and Protective Order consists of 8 pages inclusive of a single one-page exhibit and is executed on the 4 || dates set forth below. 5 IT IS SO ORDERED: 6 7 UNITED STATES;MAGISTRATE JUDGE 8 10/21/2024 9 DATED: 10 1] DATED: October 18, 2024 DATED: October 18, 2024 12 \ QU Watts 13 /s Cory Rex 14 Tabetha A. Martinez, Esq. Cory Rex, Esq. Nevada Bar No. 14237 Nevada Bar No. 10577 15 | Justin Pasquale, Esq. REX LAW Nevada Bar No. 15079 16 | BURGER, MEYER & D’ ANGELO Attorney for Plaintiff 17 Attorneys for Defendants 18 19 20 21 22 23 24 25 26 27 28 -6- PROTECTIVE ORDER 1 ATTACHMENT A 2 NONDISCLOSURE AGREEMENT 3 I, , do solemnly swear that I am fully familiar with the terms of the 4 Stipulated Protective Order entered in Jodi Morales v. Walmart, Inc., dba Walmart et al., United 5 States District Court for the District of Nevada, Case No.: 2:24-cv-01492-DJA and hereby agree to 6 comply with and be bound by the terms and conditions of that Stipulated Protective Order unless and 7 until modified by further order of this Court. I hereby consent to the jurisdiction of said Court for the 8 purposes of enforcing this order. 9 10 11 Dated:______________________ Signed:________________________ 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 From: cory rex Sent: Friday, October 18, 2024 8:51 AM To: Alexandria Raleigh; Tabetha Martinez Cc: Justin Pasquale Subject: Re: Jodi Morales v Walmart re inspection ucan use my esig From: Alexandria Raleigh Sent: Friday, October 18, 2024 8:44 AM To: cory rex ; Tabetha Martinez Cc: Justin Pasquale Subject: RE: Jodi Morales v Walmart re inspection Good Morning, Please see the attached doc with your changes and verify whether we can affix your e-signature. Thank you. Alexandria C. Raleigh Legal Assistant/Paralegal araleigh@burgermeyer.com BURGER, MEYER, D’ANGELO LLP 400 S. 4th Street, Suite 500 Las Vegas, Nevada 89101 Telephone: (725) 242-8525 Facsimile: (949) 427-1889 NOTICE: This e-mail transmission (and/or the attachments accompanying it) may contain confidential information belonging to Burger, Meyer & D’Angelo, LLP which is protected by the attorney-client privilege. The information is intended only for the use of the intended recipient. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution or the taking of any action in reliance on the contents of this information is strictly prohibited. Any unauthorized interception of this transmission is illegal. If you have received this transmission in error, please promptly notify the sender by reply e-mail, and then destroy all copies of the transmission. From: Justin Pasquale Sent: Wednesday, October 16, 2024 11:56 AM To: cory rex ; Tabetha Martinez ; Alexandria Raleigh Subject: RE: Jodi Morales v Walmart re inspection Cory, I’m fine with your revisions to the proposed PO. See the attached doc with your changes and verify whether we can affix your e-signature.