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)

Download PDF
1 2 3 4 5 6 7 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) 8 9 Attorneys for Defendant Sam's West, Inc. 10 UNITED STATES DISTRICT COURT 11 DISTRICT OF NEV ADA 12 TINA LOUISE BASHAREL, an individual , Case No .: 2:17-cv-00226-RFB- CWH 13 Plaintiff, 14 15 16 17 18 19 20 21 22 23 24 25 26 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 27 The parties to this action, Defendant Sam's West, Inc. (hereinafter " Defendant"), and Plaintiff 28 - 1- 1 j 2 Tine Louise Basharel (hereinafter "Plaintiff"), by their respective counsel, hereby stipulate and request that the Court enter a stipulated protective order pursuant as follows: 3 The Protective Order shall be entered pursuant to the Federal Rules of Civil 1. 4 Procedure. 5 2. 6 The Protective Order shall govern all materials deemed to be "Confidential Information." Such Confidential Information shall include the following: 7 (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) 8 Any po1iions of depositions (audio or video) where Confidential Information is disclosed or used as exhibits. 9 10 11 12 13 14 15 3. In the case of documents and the information contained therein, designation of 16 Confidential Information produced shall be made by placing the following legend on the face of the 17 18 I I document and each page so designated "CONFIDENTIAL" or otherwise expressly identified as 19 I confidential. 20 I 21 22 23 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 24 Confidential Information shall be carefully maintained so as to preclude access by persons who are not 25 26 27 28 qualified recipients. 5. 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; -2- 1 (b) Deposition notaries and staff; 2 (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. 3 4 5 6 7 6. Each counsel shall be responsible for providing notice of the Protective Order and the 8 terms therein to persons to whom they disclose "Confidential Information," as defined by the terms of 9 the Protective Order. 10 11 Persons to whom confidential information is shown shall be informed of the terms of this 12 Order and advised that its breach may be punished or sanctioned as contempt of the Court. Such 13 deponents may be shown Confidential materials during their deposition but shall not be permitted to 14 keep copies of said Confidential materials nor any portion of the deposition transcript reflecting the 15 Confidential Information. 16 If either party objects to the claims that information should be deemed Confidential, that 17 party's counsel shall inform opposing counsel in writing within thirty (30) days of receipt of the 18 19 Confidential materials that the information should not be so deemed, and the parties shall attempt first 20 to dispose of such disputes in good faith and on an informal basis. If the parties are unable to resolve 21 I their dispute, they may present a motion to the Court objecting to such status. 22 I The information shall continue to have Confidential status during the pendency of any such motion. 23 7. No copies of Confidential Information shall be made except by or on behalf of 24 I attorneys of record, in-house counsel or the parties in this action. Any person making copies of such 25 26 information shall maintain all copies within their possession or the possession of those entitled to 27 access to such information under the Protective Order. 28 I 8. Any party that inadvertently discloses or produces m this action a document or ,., - .) - 1 information that it considers privileged or otherwise protected from discovery, in whole or in part, 2 shall not be deemed to have waived any applicable privilege or protection by reason of such disclosure 3 I or production if, within 14 days of discovering that such document or information has been disclosed 4 or produced, the producing party gives written notice to the receiving party identifying the document 5 or information in question, the asserted privileges or protection, and the grounds there for, with a 6 7 request that all copies of the docwnent or information be returned or destroyed. The receiving party 8 shall return or destroy the inadvertently disclosed documents, upon receipt of appropriately 9 marked replacement documents. 10 9. The termination of this action shall not relieve the parties and persons obligated 11 hereunder from their responsibility to maintain the confidentiality of information designated 12 confidential pursuant to this Order. 13 10. 14 Within thi1iy (30) days of the final adjudication or resolution of this Lawsuit, the party 15 receiving Confidential Information shall return all Confidential Material, including all copies and 16 reproductions thereof, to counsel for the designating party. 17 11. 18 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. 19 Ill 20 Ill 21 22 Ill 23 Ill 24 Ill 25 I 26 II/ Ill 27 Ill 2s / -4--~ยท"""- I 2 3 12. 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. 4 5 6 7 8 9 10 111 ORDER 12 IT IS SO ORDERED. March 27 DATEDthis _ _ dayof _ _ _ _ _ _ _ _ ,2017. 13 14 15 MAGISTRATE JUDGE 16 17 18 19 20 21 22 23 24 25 26 27 28 -5- CERTIFICATE OF SERVICE 2 I hereby certify that on the 24 th day of March, 201 7, I served a true and correct copy of the 3 foregoing STIPULATED PROTECTIVE ORDER BETWEEN PLAINTIFF TINA LOUISE 4 BASHAREL AND DEFENDANT SAM'S WEST, INC., by electronic service and by U.S. Mail, in 5 a sealed envelope, first-class postage fully prepaid, addressed to the following counsel ofrecord, at the 6 7 8 9 10 11 address listed below: TELEPHONE/FAX Phone 702-333-1111 Fax 702-507-0092 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 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -6- PARTY Plaintiff

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?