Delcarmen Gonzalez v. Walmart, Inc. ( 2024 )

HALL &EVANS, LLC 1 KURT R. BONDS, ESQ. 2 NevadaBarNo. 6228 OMAR NAGY, ESQ. 3 NevadaBarNo. 15293 1160 North Town Center Drive 4 Suite330 Las Vegas, Nevada89144 5 (702)998-1022 6 nvefile@hallevans.com Attorneys for Wal-Mart, Inc. 7 UNITED STATES DISTRICT COURT 8 DISTRICT OF NEVADA 9 10 MARIA DELCARMEN GONZALEZ, CASE NO.: 2:24-cv-00184-JAD-BNW 11 Plaintiff, v. 12 13 WAL-MART, INC., a Delaware Corporation; STIPULATED PROTECTIVE DOES I through X, inclusive; and ROE ORDER 14 CORPORATIONS Ithrough X, inclusive, 15 Defendants. 16 STIPULATED PROTECTIVE ORDER 17 The parties to this action, Plaintiff, MARIA DELCARMEN GONZALEZ, and 18 Defendant, WAL-MART, INC., by and through their respective counsel of record, hereby 19 stipulateand request that theCourt enterastipulated protectiveorderpursuant asfollows: 20 1. The Protective Order shall be entered pursuant to the Federal Rules of Civil 21 Procedure. 22 2. The Protective Order shall govern all materials deemed to be “Confidential 23 Information.”Such Confidential Information shall includethefollowing: 24 a) Any and all documents referring or related to confidential and proprietary human 25 resources or business information; financial records of the parties; compensation 26 of Defendant’s current or former personnel; policies, procedures, and/or training 27 materials of Defendant and/orDefendant’s organizational structure; 1 b) Any documents from the personnel, medical, or workers’ compensation file of 2 any current orformeremployeeor contractor; 3 c) Any documents relating to the medical and/or health information of any of 4 Defendant’s current or formeremployees or contractors; 5 d) Any portions of depositions (audio or video) where Confidential Information is 6 disclosed orused as exhibits. 7 3. In the case of documents and the information contained therein, designation of 8 Confidential Information produced shall be made by (1) identifying said documents as 9 confidential in either parties’ FRCP 26 disclosures; (2) placing the following legend on the face 10 of the document and each page so designated “CONFIDENTIAL”; or (3) otherwise expressly 11 identified as confidential via written correspondence. Defendant will use its best efforts to limit 12 thenumberofdocuments designated Confidential. 13 4. Confidential Information shall be held in confidence by each qualified recipient to 14 whom it is disclosed, shall be used only for purposes of this action, shall not be used for any 15 business purpose, and shall not be disclosed to any person who is not a qualified recipient. All 16 produced Confidential Information shall be carefully maintained so as to preclude access by 17 persons who arenot qualified recipients. 18 5. Qualified recipients shall includeonly thefollowing: 19 a) In-house counsel and law firms for each party and the secretarial, clerical and 20 paralegal staffof each; 21 b) Deposition notaries and staff; 22 c) Persons other than legal counsel who have been retained or specially employed by 23 a party as an expert witness for purposes of this lawsuit or to perform 24 investigativework orfact research; 25 d) Deponents during the course of their depositions or potential witnesses of this 26 case; and 27 e) The partiesto this litigation, theirofficers and professional employees. 1 6. Each counsel shall be responsible for providing notice of the Protective Order and the 2 terms therein to persons to whom they disclose “Confidential Information,” as defined by the 3 terms of the Protective Order. Persons to whom confidential information is shown shall be 4 informed of the terms of this Order and advised that its breach may be punished or sanctioned as 5 contempt of the Court. Such deponents may be shown Confidential materials during their 6 deposition but shall not be permitted to keep copies of said Confidential materials nor any 7 portion of the deposition transcript reflecting the Confidential Information. If either party objects 8 to the claims that information should be deemed Confidential, that party’s counsel shall inform 9 opposing counsel in writing within thirty (30) days of receipt of the Confidential materials that 10 the information should not be so deemed, and the parties shall attempt first to dispose of such 11 disputes in good faith and on an informal basis. If the parties are unable to resolve their dispute, 12 they may present a motion to the Court objecting to such status. The information shall continue 13 to haveConfidential status during thependency ofany such motion. 14 7. No copies of Confidential Information shall be made except by or on behalf of 15 attorneys of record, in-house counsel or the parties in this action. Any person making copies of 16 such information shall maintain all copies within their possession or the possession of those 17 entitledto access to such information undertheProtectiveOrder. 18 8. Any party that inadvertently discloses or produces in this action a document or 19 information that it considers privileged or otherwise protected from discovery, in whole or in 20 part, shall not be deemed to have waived any applicable privilege or protection by reason of such 21 disclosure or production if, within 14 days of discovering that such document or information has 22 been disclosed or produced, the producing party gives written notice to the receiving party 23 identifying thedocument orinformation in question, theasserted privileges orprotection, and the 24 grounds there for, with a request that all copies of the document or information be returned or 25 destroyed. The receiving party shall return or destroy the inadvertently disclosed documents, 26 upon receipt of appropriately marked replacement documents. 27 / / / 1 9. The termination of this action shall not relieve the parties and persons obligated 2 hereunder from their responsibility to maintain the confidentiality of information designated 3 confidential pursuant to this Order. 4 10. Within thirty (30) days of the final adjudication or resolution of this Lawsuit, the 5 party receiving Confidential Information shall destroy all Confidential Material, including all 6 copies and reproductions thereof, to counsel forthedesignating party. 7 11. Nothing in this Order shall be construed as an admission to the relevance, 8 authenticity, foundation or admissibility of any document, material, transcript or other 9 information. 10 12. Nothing in the Protective Order shall be deemed to preclude any party from seeking 11 and obtaining, on anappropriateshowing, amodification of this Order. 12 IT IS SOSTIPULATED. 13 14 DATED this 24th day of June, 2024. DATED this 24th day of June, 2024. GOLIGHTLY &VANNAH, PLLC HALL &EVANS, LLC 15 16 /s/ John B. Greene____________________ /s/ Kurt R. Bonds_____________________ John B. Greene, Esq. KURT R. BONDS, ESQ. 17 Robert D. Vannah, Esq. NevadaBarNo. 6228 5555 KietzkeLane,Suite150 1160 North Town Center Drive 18 Reno, NV 89511 Suite330 Attorneys for Plaintiff Las Vegas, Nevada89144 19 (702)998-1022 20 nvefile@hallevans.com Attorneys for Wal-Mart, Inc. 21 22 23 24 25 26 27 1 Gonzales vy. Wal-Mart, Inc. Case No: 2:24-cv-00184-JAD-BNW 2 Stipulated Protective Order 3 ORDER 4 || Additionally, the parties must comply with LR JA 10-5 and Kamakana v. City & Cnty. of Honolu 5 || 447 F.3d 1172 (9th Cir. 2006), when moving to seal documents. IT IS SO ORDERED: © || June 25, 2024 LE lea WOE 7 || DATE UNITED STATES MAGISTRATE JUDGE 8 9 +9 || SUBMITTED by: 11 |} HALL & EVANS, LLC 12 || /s/Kurt R. Bonds 13 KURT R. BONDS, ESQ. Nevada Bar No. 6228 2 14 1160 North Town Center Drive Suite 330 222 15 || Las Vegas, Nevada 89144 (702) 998-1022 16 nvefile@hallevans.com 4 17 Attorneys for Walmart Inc. 18 19 20 21 22 23 24 25 26 27 5 KB/20147-105