Stanley v. PETCO Animal Supplies, Inc.

Filing 20

PROTECTIVE ORDER. Signed by Magistrate Judge Nancy J. Koppe on 4/11/2017. (Copies have been distributed pursuant to the NEF - SLD)

Download PDF
Case 2:16-cv-03029-JAD-NJK Document 18 Filed 04/10/17 Page 1 of 5 1 2 3 4 5 RICK D. ROSKELLEY, ESQ., Bar # 3192 TIMOTHY W. ROEHRS, ESQ., Bar # 9668 LITTLER MENDELSON, P.C. 3960 Howard Hughes Parkway Suite 300 Las Vegas, NV 89169-5937 Telephone: 702.862.8800 Fax No.: 702.862.8811 Email: rroskelley@littler.com Email: troehrs@littler.com 6 7 Attorneys for Defendant PETCO ANIMAL SUPPLIES STORES, INC. 8 UNITED STATES DISTRICT COURT 9 DISTRICT OF NEVADA 10 11 BRITTANY STANLEY, 12 Plaintiff, 13 STIPULATED PROTECTIVE ORDER vs. 14 Case No. 2:16-cv-03029-JAD-NJK PETCO ANIMAL SUPPLIES STORES, INC., a Delaware Corporation, 15 Defendant. 16 17 18 19 20 21 22 23 24 25 26 27 28 LITTLER MENDELSON, P.C. ATTORNEYS AT LAW 3960 Howard Hughes Parkway Suite 300 Las Vegas, NV 89169-5937 702.862.8800 IT IS HEREBY STIPULATED, by and between the parties, by and through their respective counsel of record, that in order to protect the confidentiality of confidential information obtained by the parties in connection with this case, the parties agree as follows: 1. Any party may designate as “confidential” (by stamping the relevant page or labeling the item or as otherwise set forth herein) any item, document or response to discovery which that party considers in good faith to contain information involving: personal and confidential information of third-parties or non-parties; trade secrets; or sensitive or confidential business or financial information of the parties, subject to protection under the Federal Rules of Civil Procedure or Nevada law (“Confidential Information”). The parties agree that Confidential Information specifically includes but is not limited to documents or items related to pet incidents, including the incident involving a cat’s death on May 20, 2015 at the Petco store that Plaintiff formerly worked at, Case 2:16-cv-03029-JAD-NJK Document 18 Filed 04/10/17 Page 2 of 5 1 non-party Petco employee file documents and information, and Defendant’s policy documentation. 2 Where a document or response consists of more than one page, the first page and each page on 3 which confidential information appears shall be so designated. 4 2. A party may designate documents, items, or information disclosed during a 5 deposition, in response to written discovery as “confidential” by so indicating in said response or on 6 the record at the deposition and requesting the preparation of a separate transcript of such material. 7 Additionally a party may designate in writing, within twenty (20) days after receipt of said responses 8 or of the deposition transcript for which the designation is proposed, that specific pages of the 9 transcript and/or specific responses be treated as “confidential” information. Any other party may 10 object to such proposal, in writing or on the record. Upon such objection, the parties shall follow the 11 procedures described in paragraph 8 below. After any designation made according to the procedure 12 set forth in this paragraph, the designated documents or information shall be treated according to the 13 designation until the matter is resolved according to the procedures described in paragraph 8 below, 14 and counsel for all parties shall be responsible for making all previously unmarked copies of the 15 designated material in their possession or control with the specified designation. 16 3. All Confidential Information produced or exchanged in the course of this case (other 17 than information that is publicly available) shall be used by the party to whom the information is 18 produced solely for the purpose of this case. 19 4. Except with the prior written consent of other parties, or upon prior order of this 20 Court obtained upon notice to opposing counsel, Confidential Information shall not be disclosed to 21 any person other than: 22 23 (a) counsel for the respective parties to this litigation, including in-house counsel and co-counsel retained for this litigation; 24 (b) employees of such counsel; 25 (c) individual defendants, class representatives, any officer or employee of a 26 27 28 LITTLER MENDELSON, P.C. ATTORNEYS AT LAW 3960 Howard Hughes Parkway Suite 300 Las Vegas, NV 89169-5937 702.862.8800 party, to the extent deemed necessary by Counsel for the prosecution or defense of this litigation; (d) consultants or expert witnesses retained for the prosecution or defense of this litigation, provided that each such person shall execute a copy of the Certification annexed to this 2. Case 2:16-cv-03029-JAD-NJK Document 18 Filed 04/10/17 Page 3 of 5 1 Order as Exhibit “A” (which shall be retained by counsel to the party so disclosing the Confidential 2 Information and made available for inspection by opposing counsel during the pendency or after the 3 termination of the action only upon good cause shown and upon order of the Court) before being 4 shown or given any Confidential Information; 5 (e) any authors or recipients of the Confidential Information; 6 (f) the Court, Court personnel, and court reporters; and 7 (g) witnesses (other than persons described in paragraph 4(e)). A witness shall 8 sign the Exhibit A Certification before being shown a confidential document. 9 Information may be disclosed to a witness who will not sign the Certification only in a deposition at 10 which the party who designated the Confidential Information is represented or has been given notice 11 that Confidential Information shall be designated “Confidential” pursuant to paragraph 2 above. 12 Witnesses shown Confidential Information shall not be allowed to retain copies. 13 5. Confidential Any persons receiving Confidential Information shall not reveal or discuss such 14 information to or with any person who is not entitled to receive such information, except as set forth 15 herein. 16 6. No party or shall file or submit for filing as part of the court record any documents See order issued without first obtaining leave of court. Notwithstanding any agreement among the parties, 17 under seal concurrently herewith 18 the party seeking to file a paper under seal bears the burden of overcoming the presumption in favor 19 20 of public access to papers filed in court. 7. A party may designate as “Confidential” documents or discovery materials produced 21 by a non-party by providing written notice to all parties of the relevant document numbers or other 22 identification within thirty (30) days after receiving such documents or discovery materials. Any 23 party may voluntarily disclose to others without restriction any information designated by that party 24 as confidential, although a document may lose its confidential status if it is made public. 25 8. If a party contends that any material is not entitled to confidential treatment, such 26 party may at any time give written notice to the party or who designated the material. The party who 27 designated the material shall have twenty-five (25) days from the receipt of such written notice to 28 apply to the Court for an order designating the material as confidential. The party seeking the order 3. LITTLER MENDELSON, P.C. ATTORNEYS AT LAW 3960 Howard Hughes Parkway Suite 300 Las Vegas, NV 89169-5937 702.862.8800 Case 2:16-cv-03029-JAD-NJK Document 18 Filed 04/10/17 Page 4 of 5 1 has the burden of establishing that the document is entitled to protection. 2 9. Notwithstanding any challenge to the designation of material as Confidential 3 Information, all documents or items shall be treated as such and shall be subject to the provisions 4 hereof unless and until one of the following occurs: 5 6 (a) the party that claims that the material is Confidential Information withdraws such designation in writing; or 7 (b) the party that claims that the material is Confidential Information fails to 8 apply to the Court for an order designating the material confidential within the time period specified 9 above after receipt of a written challenge to such designation; or 10 (c) 11 10. the Court rules the material is not confidential. All provisions of this Order restricting the communication or use of Confidential 12 Information shall continue to be binding after the conclusion of this action, unless otherwise agreed 13 or ordered. Upon conclusion of the litigation, a party in the possession of Confidential Information, 14 other than that which is contained in pleadings, correspondence, and deposition transcripts, shall 15 either (a) return such documents or items no later than thirty (30) days after conclusion of this action 16 to counsel for the party who provided such information, or (b) destroy such documents within the 17 time period upon consent of the party who provided the information and certify in writing within 18 thirty (30) days that the documents have been destroyed. 19 11. The terms of this Order do not preclude, limit, restrict, or otherwise apply to the use 20 of documents at trial. 21 /// 22 /// 23 /// 24 /// 25 /// 26 /// 27 /// 28 /// LITTLER MENDELSON, P.C. ATTORNEYS AT LAW 3960 Howard Hughes Parkway Suite 300 Las Vegas, NV 89169-5937 702.862.8800 4. Case 2:16-cv-03029-JAD-NJK Document 18 Filed 04/10/17 Page 5 of 5 1 12. Nothing herein shall be deemed to waive any applicable privilege or work product 2 protection, or to affect the ability of a party to seek relief for an inadvertent disclosure of material 3 protected by privilege or work product protection. 4 Dated: April 10, 2017 Dated: April 10, 2017 Respectfully submitted, Respectfully submitted, /s/ Angela Lizada ANGELA J. LIZADA, ESQ. LIZADA LAW FIRM, LTD. /s/ Timothy Roehrs RICK D. ROSKELLEY, ESQ. TIMOTHY W. ROEHRS, ESQ. LITTLER MENDELSON, P.C. 5 6 7 8 9 10 11 12 Attorney for Plaintiff BRITTANY STANLEY Attorneys for Defendant PETCO ANIMAL SUPPLIES STORE, INC. ORDER 13 IT IS SO ORDERED. 14 April 11 Dated: _____________________, 2017. 15 16 17 _______________________________________ United States Magistrate Judge 18 19 20 21 22 23 24 25 26 27 28 LITTLER MENDELSON, P.C. ATTORNEYS AT LAW 3960 Howard Hughes Parkway Suite 300 Las Vegas, NV 89169-5937 702.862.8800 5. Case 2:16-cv-03029-JAD-NJK Document 18-1 Filed 04/10/17 Page 1 of 1 Exhibit Index A Certification Case 2:16-cv-03029-JAD-NJK Document 18-2 Filed 04/10/17 Page 1 of 2 EXHIBIT A Certification EXHIBIT A Case 2:16-cv-03029-JAD-NJK Document 18-2 Filed 04/10/17 Page 2 of 2 1 EXHIBIT A 2 CERTIFICATION 3 I hereby certify my understanding that Confidential Information is being provided to 4 me pursuant to the terms and restrictions of the Protective Order in Brittany Stanley v. 5 Petco Animal Supplies Stores, Inc., Case No. 2:16-CV-03029-JAD-NJK. I have been given a 6 copy of that Order and read it. I agree to be bound by the Order. I will not reveal the 7 Confidential Information to anyone, except as allowed by the Order. I will maintain all 8 such Confidential Information – including copies, notes, or other transcriptions made 9 therefrom – in a secure manner to prevent unauthorized access to it. No later than thirty 10 (30) days after the conclusion of this action, I will return the Confidential Information – 11 including copies, notes or other transcriptions made therefrom – to the counsel who 12 provided me with the Confidential Information. I hereby consent to the jurisdiction of the 13 United States District Court for the purpose of enforcing the Protective Order. 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 LITTLER MENDELSON, P.C. ATTORNEYS AT LAW 3960 Howard Hughes Parkway Suite 300 Las Vegas, NV 89169-5937 702.862.8800 DATED: _________________________ Firmwide:146766780.1 060429.1164 ___________________________________

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?