Hopkins v. Wal-Mart Stores, Inc.

Filing 11

STIPULATED PROTECTIVE ORDER Granting 10 Stipulation for Protective Order. Signed by Magistrate Judge Cam Ferenbach on 3/24/17. (Copies have been distributed pursuant to the NEF - MMM)

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SPO BRENDA H. ENTZMINGER Nevada Bar No. 9800 DANIEL H. PREPAS Nevada Bar No. 13937 PHILLIPS, SPALLAS & ANGSTADT LLC 504 South Ninth Street Las Vegas, Nevada 89101 (702) 938-1510 (702) 938-1511 (Fax) . bentzminger(w,psalaw.net dprepas@psalaw.net 2 3 4 5 6 7 8 Attorneys/or Defendant Wal-Mart Stores, Inc. 9 10 UNITED STATES DISTRICT COURT 11 DISTRICT OF NEV ADA 12 KAREN HOPKINS, Case No.: 2: l 7-cv-00231-JAD-VCF 13 Plaintiff, 14 v. 15 WAL-MART STORES INC., a foreign corporation; DOES I through X; and ROE ENTITIES I through X, inclusive, 16 17 STIPULATED PROTECTIVE ORDER BETWEEN PLAINTIFF KAREN HOPKINS AND DEFENDANT WAL~ MART STORES, INC. Defendants. 18 19 STIPULATED PROTECTIVE ORDER 20 21 The parties to this action, Defendant Wal-Mart Stores, Inc. (hereinafter "Defendant"), and 22 · 1 Plaintiff Karen Hopkins (hereinafter "Plaintiff'), by their respective counsel, hereby stipulate and 23 request that the Court enter a stipulated protective order pursuant as follows: 24 1. The Protective Order shall be entered pursuant to the Federal Rules of Civil 25 · Procedure. 26 2. The Protective Order shall govern all materials deemed to be "Confidential 27 • 28 Information." Such Confidential Information shaJl include the following: Any and all documents referring or related to confidential and proprietary (a) - 1- 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; 2 3 (b) Any documents relating to the medical and/or health information of any of Defendant's current or former employees or contractors; (d) 5 Any documents from the personnel, medical or workers' compensation file of any cmTent or former employee or contractor; (c) 4 Any portions of depositions ( audio or video) where Confidential Information is disclosed or used as exhibits. 6 7 8 3. In the case of documents and the information contained therein, designation of 9 , Confidential Information produced shall be made by placing the following legend on the face of the 10 11 document and each page so designated "CONFIDENTIAL" or otherwise expressly identified as confidential. Defendant will use its best efforts to limit the number of documents designated 12 Confidential. 13 4. Confidential Information shall be held in confidence by each qualified recipient to 14 15 whom it is disclosed, shall be used only for purposes of this action, shall not be used for any business 16 purpose, and shall not be disclosed to any person who is not a qualified recipient. 17 Confidential Infomrntion shall be carefully maintained so as to preclude access by persons who are not 18 qualified recipients. 19 5. 20 All produced 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; 21 (b) 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) 23 Deposition notaries and staff; (c) 22 The parties to this litigation, their officers and professional employees. 24 25 26 27 28 6. Each counsel shall be responsible for providing notice of the Protective Order and the -2- 1 terms therein to persons to whom they disclose "Confidential Information," as defined by the terms of 2 the Protective Order. 3 Persons to whom confidential information is shown shall be informed of the terms of this 4 Order and advised that its breach may be punished or sanctioned as contempt of the Court. Such 5 deponents may be shown Confidential materials during their deposition but shall not be permitted to 6 keep copies of said Confidential materials nor any portion of the deposition transcript reflecting the 7 Confidential Information. 8 If either party objects to the claims that information should be deemed Confidential, that 9 . party's counsel shall inform opposing counsel in writing within thirty (30) days of receipt of the l O Confidential materials that the information should not be so deemed, and the parties shall attempt first 11 to dispose of such disputes in good faith and on an informal basis. If the parties are unable to resolve 12 their dispute, they may present a motion to the Court objecting to such status. The information shall 13 continue to have Confidential status during the pendency of any such motion. I 7. 14 15 No copies of Confidential Information shall be made except by or on behalf of attorneys of record, in-house counsel or the parties in this action. Any person making copies of such 16 ; information shall maintain all copies within their possession or the possession of those entitled to 17 access to such information under the Protective Order. 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 part, 20 shall not be deemed to have waived any applicable privilege or protection by reason of such disclosure 2I or production 22 or produced, the producing party gives written notice to the receiving party identifying the document 23 or information in question, the asserted privileges or protection, and the grounds there for, with a 24 request that all copies of the document or information be returned or destroyed. The receiving party iC within 14 days of discovering that such document or information has been disclosed 25 . shall return or destroy the inadvertently disclosed documents, upon receipt of appropriately 26 marked replacement documents. 27 II 28 9. The termination of this action shall not relieve the parties and persons obligated ,., - _) hereunder from their responsibility to maintain the confidential ity of information designated 2 confidential pursuant to this Order. 3 10. Within thirty (30) days of the final adjudication or resolution of this Lawsuit and upon 4 I request from counse l, the party receiving Confidential lnfom1ation shall return all Confidential 5 I Material, including all copies and 6 11 11. reproductions thereof, to counsel fo r the designating party. Nothing in this Order shall be construed as an admission to the relevance, authenticity, I foundation or admissibility of any document, material , transcript or other information. 7 8 11 9 Jj 12. . . Nothing in th~ Protecti.ve Order shall .be deen~ed to prec lude any party from seeking and obtaining, on an appropriate showing, a mod1ficat1on ofth, s Order. 10 1 II DATEDthis~yof d,c~ ~d , 2017. DATEDthis .2z_ dayof ~ ,2017. : .D~~ 14 11 15 16 LC ANIEL . REPAS, ESQ. Nevada ar No. I 3 93 7 504 South Ninth Street Attorneys.for Defendant Wal-Mart Stores. lnc. MEREDITII L. HOLMES, ESQ . Nevada Bar No. 11602 330 I North Buffalo Drive, Suite 195 Attorneys for Plaintiff Karen Hopkins ORDER 19 IT IS SO ORDERED. 24th 20 21 22 March DATED this __ day of _ _ _ __ __ _ , 2017. U.S. Magistrate JUDGE 23 24 ', 25 -4- CERTIFICATE OF SERVICE 2 I hereby ce rtify that on theY~~i t of March , 20 17, I se rved a true and correct copy of the 3 forego ing STIPULATED PROTECTIVE ORDER BETWEEN PLAINTIFF KAREN HOPKINS 4 AND DEFENDANT WAL-MART STORES, INC., by electronic service and by U.S. Mail, in a 5 sealed enve lope, first-class postage fu l1y prepaid, addressed to the fo llowing counsel of record, at the 6 '. address listed below : 7 TELEPHONE/FAX Phone 702-839- 1100 Fax 702-839- 1 I 13 ATTORNEY OF R ECORD RYAN L. DENNETT, ESQ . MEREDITH L. HOLMES , ESQ. 9 DENNETT W INSPEAR, LLP 10 · 330 1 North Buffalo Drive, Suite 195 Las Vegas, NV 89129 11 8 1 12 13 14 · 15 .i 16 17 18 19 20 21 22 23 24 I I 25 26 27 28 -5- PARTY P lai nt iff

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