Basharel v. Sam's West Inc.

Filing 20

STIPULATED PROTECTIVE ORDER re 19 Stipulation for Protective Order. Signed by Magistrate Judge Carl W. Hoffman on 3/27/17. (Copies have been distributed pursuant to the NEF - MMM)

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SPO
BRENDA H. ENTZMINGER
Nevada Bar No. 9800
DANIEL H. PREP AS
Nevada Bar No . 13937
PHILLIPS, SPALLAS & ANGSTADT LLC
504 South Ninth Street
Las Vegas, Nevada 89101
(702) 938- 1510
(702)938- 1511 (Fax)
[e-mail]
[e-mail]

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Attorneys for Defendant
Sam's West, Inc.

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEV ADA
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TINA LOUISE BASHAREL, an individual ,

Case No .: 2:17-cv-00226-RFB- CWH

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Plaintiff,
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STIPULATED PROTECTIVE ORDER
BETWEEN PLAINTIFF TINA LOUISE
BASHAREL AND DEFENDANT SAM'S
WEST.INC.

V.

SAM'S WEST, INC ., d/b/a SAM'S CLUB
#6257, a foreign corporation; WAL-MART
STORES, INC. , a foreign corporation; KRG
LAS VEGAS CENTENNIAL CENTER, LLC a
foreign limited-liability company; JOHN
ALCALA; MIKE OSUNA; DOE STORE
MANAGERS I through X; DOE STORE
EMPLOYEES I through X; DOE OWNERS I
through X ; DOE PROPERTY MANAGERS I
through X; DOE MAINTENANCE
EMPLOYEES I through X; DOE
JANITORIAL EMPLOYEES I through X; ROE
PROPERTY MANAGERS XI through XX;
ROE MAINTENANCE COMPANIES XI
through XX; ROE OWNERS XI through XX;
ROE EMPLOYERS XI through XX; DOES
XXI through XXV; and ROE
CORPORATIONS XXV through XXX,
inclusive, jointly and severally,
Defendants.

STIPULATED PROTECTIVE ORDER

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The parties to this action, Defendant Sam's West, Inc. (hereinafter " Defendant"), and Plaintiff
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Tine Louise Basharel (hereinafter "Plaintiff"), by their respective counsel, hereby stipulate and request
that the Court enter a stipulated protective order pursuant as follows:

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The Protective Order shall be entered pursuant to the Federal Rules of Civil

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Procedure.
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2.

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The Protective Order shall govern all materials deemed to be "Confidential

Information." Such Confidential Information shall include the following:

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(a)

Any and all documents referring or related to confidential and proprietary
human resources or business information; financial records of the parties;
compensation of Defendant's current or former personnel; policies, procedures
and/or training materials of Defendant and/or Defendant's organizational
structure;

(b)

Any documents from the personnel, medical or workers' compensation file of
any current or former employee or contractor;

(c)

Any documents relating to the medical and/or health information of any of
Defendant's current or former employees or contractors;

(d)

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Any po1iions of depositions (audio or video) where Confidential Information is
disclosed or used as exhibits.

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3.

In the case of documents and the information contained therein, designation of

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Confidential Information produced shall be made by placing the following legend on the face of the

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I document

and each page so designated "CONFIDENTIAL" or otherwise expressly identified as

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I confidential.

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Defendant will use its best efforts to limit the number of documents designated

Confidential.

4.

Confidential Information shall be held in confidence by each qualified recipient to

whom it is disclosed, shall be used only for purposes of this action, shall not be used for any business
purpose, and shall not be disclosed to any person who is not a qualified recipient.

All produced

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Confidential Information shall be carefully maintained so as to preclude access by persons who are not
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qualified recipients.

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Qualified recipients shall include only the following:
(a)
In-house counsel and law firms for each party and the secretarial, clerical and
paralegal staff of each;

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(b)

Deposition notaries and staff;

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(c)

Persons other than legal counsel who have been retained or specially employed
by a party as an expert witness for purposes of this lawsuit or to perform
investigative work or fact research;

(d)

Deponents during the course of their depositions or potential witnesses of this
case; and

(e)

The parties to this litigation, their officers and professional employees.

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6.

Each counsel shall be responsible for providing notice of the Protective Order and the

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terms therein to persons to whom they disclose "Confidential Information," as defined by the terms of
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the Protective Order.

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Persons to whom confidential information is shown shall be informed of the terms of this

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Order and advised that its breach may be punished or sanctioned as contempt of the Court. Such

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deponents may be shown Confidential materials during their deposition but shall not be permitted to

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keep copies of said Confidential materials nor any portion of the deposition transcript reflecting the

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Confidential Information.
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If either party objects to the claims that information should be deemed Confidential, that

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party's counsel shall inform opposing counsel in writing within thirty (30) days of receipt of the

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Confidential materials that the information should not be so deemed, and the parties shall attempt first

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to dispose of such disputes in good faith and on an informal basis. If the parties are unable to resolve

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I their dispute, they may present a motion to the Court objecting to such status.

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The information shall

continue to have Confidential status during the pendency of any such motion.

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7.

No copies of Confidential Information shall be made except by or on behalf of

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attorneys of record, in-house counsel or the parties in this action. Any person making copies of such

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information shall maintain all copies within their possession or the possession of those entitled to

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access to such information under the Protective Order.

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Any party that inadvertently discloses or produces m this action a document or
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information that it considers privileged or otherwise protected from discovery, in whole or in part,

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shall not be deemed to have waived any applicable privilege or protection by reason of such disclosure

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I or production if, within

14 days of discovering that such document or information has been disclosed

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or produced, the producing party gives written notice to the receiving party identifying the document
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or information in question, the asserted privileges or protection, and the grounds there for, with a

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request that all copies of the docwnent or information be returned or destroyed. The receiving party

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shall return or destroy the inadvertently disclosed documents, upon receipt of appropriately

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marked replacement documents.

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9.

The termination of this action shall not relieve the parties and persons obligated

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hereunder from their responsibility to maintain the confidentiality of information designated

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confidential pursuant to this Order.
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10.

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Within thi1iy (30) days of the final adjudication or resolution of this Lawsuit, the party

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receiving Confidential Information shall return all Confidential Material, including all copies and

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reproductions thereof, to counsel for the designating party.

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Nothing in this Order shall be construed as an admission to the relevance, authenticity,

foundation or admissibility of any document, material, transcript or other information.

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Nothing in the Protective Order shall be deemed to preclude any party from seeking

and obtaining, on an appropriate showing, a modification of this Order.
DATED this 24th day of March, 2017.

DATED this 24th day of March, 2017.

MORRIS ANDERSON

PHILLIPS, SPALLAS & ANGSTADT, LLC

Isl Kimball Jones

Isl Daniel H Prepas

KIMBALL JONES, ESQ.
Nevada Bar No. 12982
716 S. Jones Blvd
Las Vegas, Nevada 89107
Attorneys for Plaint[{(
Tina Louis Basharel

DANIEL H. PREPAS, ESQ.
Nevada Bar No. 13937
504 South Ninth Street
Las Vegas, Nevada 89101
Attorneysfor Defendant
Sam 's West, Inc.

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ORDER

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IT IS SO ORDERED.

March 27
DATEDthis _ _ dayof _ _ _ _ _ _ _ _ ,2017.

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MAGISTRATE JUDGE

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CERTIFICATE OF SERVICE
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I hereby certify that on the 24 th day of March, 201 7, I served a true and correct copy of the

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foregoing STIPULATED PROTECTIVE ORDER BETWEEN PLAINTIFF TINA LOUISE

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BASHAREL AND DEFENDANT SAM'S WEST, INC., by electronic service and by U.S. Mail, in

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a sealed envelope, first-class postage fully prepaid, addressed to the following counsel ofrecord, at the

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address listed below:
TELEPHONE/FAX
Phone [phone]
Fax [phone]

ATTORNEY OF RECORD
RY AN M. ANDERSON, ESQ.
Nevada Bar No. 11040
KIMBALL JONES, ESQ.
Nevada Bar No . 12982
MORRIS // ANDERSON
716 S. Jones Blvd.
Las Vegas, NV 89107

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PARTY
Plaintiff