Arredondo v. Guerrero ( 2024 )

NEWILSONELSER 2 ee 7 . . MICHAEL P. LOWRY, ESQ. 3 || Nevada Bar No. 10666 E-mail: Michael.Lowry @ wilsonelser.com 4 || KIMBERLY A. NELSON, ESQ. Nevada Bar No. 15295 S || E-mail: Kimberly.Nelson @ wilsonelser.com 6689 Las Vegas Boulevard South, Suite 200 6 Las Vegas, NV 89119 Attorneys for Swift Transportation Co. of Arizona, LLC, 7 || And Mauricio Garcia Guerrero 8 UNITED STATES DISTRICT COURT 9 DISTRICT OF NEVADA 10 1] |) Josh Arredondo, individually, and Martina Gomez Case No.: 2:24-cv-1211 De Arredondo, individually; Plaintiffs, Stipulation and Order to Protect 13 Confidential Materials and VS. Information 14 Mauricio Garcia Guerrero, individually; Swift 15 Transportation Co. of Arizona, LLC dba Swift Leasing Co., LLC a foreign corporation; Doe 16 |) Individuals 1-20, inclusive; and Roe Corporations 1- 20, inclusive, 17 18 Defendants. 19 IT IS HEREBY STIPULATED AND AGREED, by the undersigned attorneys for the 20 || respective parties, that with regard to material disclosed in the course of the above-captioned lawsuit 21 |) (“Lawsuit”) which constitute or contain trade secrets or other confidential research, development, 22 || or commercial information of the parties (“Confidential Material”), the following procedures shall 23 || govern: 24 1. This Order is meant to encompass all forms of disclosure which may contain 25 Confidential Material, including any document, pleading, motion, exhibit, declaration, policy, 26 || affidavit, deposition transcript, inspection and all other electronic and tangible items. 27 2. The parties may designate any Confidential Material produced or filed in this Lawsuit 28 || as confidential and subject to the terms of this Order by marking such materials “Confidential.” If 1 any material has multiple pages, this designation need only be placed on the first page of such 2 material. Any material designated as “Confidential” shall not be disclosed to any person or entity, 3 except to the parties, counsel for the respective parties, and expert witnesses assisting counsel in 4 this Lawsuit. 5 3. Any material designated as confidential pursuant to paragraph 2 above shall be used 6 solely for the purposes of this Lawsuit and for no other purpose. 7 4. Only counsel of record in this Lawsuit shall be permitted to disseminate Confidential 8 Material. Upon dissemination of any Confidential Material, each non-designating counsel of record 9 in this Lawsuit shall maintain a written record as to: (1) the identity of any person given Confidential 10 Material, and (2) the identity of the Confidential Material so disseminated (such as by “Bates stamp” 11 number). Such record shall be made available to the designating party upon request. 12 5. If additional persons become parties to this Lawsuit, they shall not have access to any 13 Confidential Material until they execute and provide to other counsel their written agreement to be 14 bound by the terms of this Order. 15 6. If a party wishes to attach Confidential Material to a non-dispositive motion or other 16 filing (excluding dispositive motions) with the Court, then that party will notify the designating 17 party of its intent to attach the Confidential Material to the filing in writing at least ten (10) days 18 before filing. If the designating party believes that the release of the Confidential Material is adverse 19 to the terms of this stipulation, then the non-designating party will bring a motion to seal the non- 20 dispositive motion or other filing. 21 7. If a party wishes to attach Confidential Material to a dispositive motion, then that 22 party will notify the designating party of its intent to attach the Confidential Material to the 23 dispositive motion, in writing, at least ten (10) days before filing. The designating party shall then 24 file a motion with the Court to seal the document, setting forth a compelling reason as established 25 by the Ninth Circuit Court of Appeals in Kamakan v. City and County of Honolulu, 447 F.3d 1172 26 (9th Cir. 2006). 27 8. If a party wishes to file any Confidential Material under seal, the party must comply 1 decision in Kamakan v. City and County of Honolulu, 447 F.3d 1172 (9th Cir. 2006). 2 9. If a party believes that any Confidential Material does not contain confidential 3 information, it may contest the applicability of this Order to such information by notifying the 4 designating party’s counsel in writing and identifying the information contested. The parties shall 5 have thirty days after such notice to meet and confer and attempt to resolve the issue. If the dispute 6 is not resolved within such period, the party seeking the protection shall have thirty days in which 7 to make a motion for a protective order with respect to contested information. Information that is 8 subject to a dispute as to whether it is properly designated shall be treated as designated in 9 accordance with the provisions of this Order until the Court issues a ruling. 10 10. Inadvertent failure to designate any material “Confidential” shall not constitute a 11 waiver of an otherwise valid claim of confidentiality pursuant to this Order, so long as a claim of 12 confidentiality is asserted within fifteen days after discovery of the inadvertent failure. At such time, 13 arrangements shall be made by the parties to designate the material “Confidential” in accordance 14 with this Order. 15 11. This Order shall be without prejudice to the right of any party to oppose production 16 of any information or object to its admissibility into evidence. 17 12. When any counsel of record in this Lawsuit or any attorney who has executed a 18 Confidentiality Agreement becomes aware of any violation of this Order, or of facts constituting 19 good cause to believe that a violation of this Order may have occurred, such attorney shall report 20 that there may have been a violation of this Order to the Court and all counsel of record. 21 13. Within thirty days after the termination of this Lawsuit (whether by dismissal or final 22 judgment), all Confidential Material (including all copies) shall be returned to counsel, and/or 23 destroyed, for the designating party. In addition, counsel returning such material shall execute an 24 affidavit verifying that all Confidential Material produced to such counsel and any subsequently 25 made copies are being returned, and/or destroyed, in their entirety pursuant to the terms of this 26 Order. Such a representation fully contemplates that returning counsel has: (1) contacted all persons 27 to whom that counsel disseminated Confidential Material, and (2) confirmed that all such material 1 14. After the termination of this Lawsuit, the provisions of this Order shall continue to be 2 || binding and this Court shall retain jurisdiction over the parties and any other person who has access 3 || to documents and information produced pursuant to this Order for the sole purpose of enforcement 4 || of its provisions. 5 IT IS SO STIPULATED: AY , WILSON ELSER DIMOPOULOS INJURY LAW 8 /s/ Kimberly A. Nelson /s/ Paul A. Shpirt 9 Michael P. Lowry, Esq. Steve Dimopoulos, Esq. Nevada Bar No. 10666 Nevada Bar No. 12729 10 Kimberly A. Nelson, Esq. Paul A. Shpirt, Esq. Nevada Bar No. 15295 Nevada Bar No. 10441 ul Attorneys for Swift Transportation Co. of | Attorneys for Josh Arredondo and Martina Arizona, LLC, and Mauricio Garcia Guerrero | Gomez De Arredondo 12 It is so ordered. 13 Ko la we bat 15 UNITED STATES MAGISTRATE JUDGE 16 DATED: 9/16/2024 17 18 19 20 21 22 23 24 25 26 27 28