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)

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
[phone]
[phone] (Fax)
. bentzminger(w,psalaw.net
[e-mail]

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Attorneys/or Defendant
Wal-Mart Stores, Inc.

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEV ADA
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KAREN HOPKINS,

Case No.: 2: l 7-cv-00231-JAD-VCF

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Plaintiff,

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v.

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WAL-MART STORES INC., a foreign
corporation; DOES I through X; and ROE
ENTITIES I through X, inclusive,

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STIPULATED PROTECTIVE ORDER
BETWEEN PLAINTIFF KAREN
HOPKINS AND DEFENDANT WAL~
MART STORES, INC.

Defendants.

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STIPULATED PROTECTIVE ORDER

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The parties to this action, Defendant Wal-Mart Stores, Inc. (hereinafter "Defendant"), and

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Plaintiff Karen Hopkins (hereinafter "Plaintiff'), by their respective counsel, hereby stipulate and

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request that the Court enter a stipulated protective order pursuant as follows:

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1.

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

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· Procedure.
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2.

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

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Information." Such Confidential Information shaJl include the following:
Any and all documents referring or related to confidential and proprietary
(a)

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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;

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(b)

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

(c)

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Any portions 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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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

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Confidential.

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4.

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

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whom it is disclosed, shall be used only for purposes of this action, shall not be used for any business

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purpose, and shall not be disclosed to any person who is not a qualified recipient.

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Confidential Infomrntion shall be carefully maintained so as to preclude access by persons who are not

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qualified recipients.

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5.

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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;

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(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)

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Deposition notaries and staff;

(c)

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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

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
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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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their dispute, they may present a motion to the Court objecting to such status. The information shall

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continue to have Confidential status during the pendency of any such motion.
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7.

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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

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access to such information under the Protective Order.

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8.

Any party that inadvertently discloses or produces in 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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or production

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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 document or information be returned or destroyed. The receiving party

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

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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 confidential ity of information designated
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confidential pursuant to this Order.

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10.

Within thirty (30) days of the final adjudication or resolution of this Lawsuit and upon

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I request

from counse l, the party receiving Confidential lnfom1ation shall return all Confidential

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I Material, including all copies and

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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.

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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.

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DATEDthis~yof

d,c~

~d
, 2017.

DATEDthis .2z_ dayof

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,2017.

: .D~~
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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

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IT IS SO ORDERED.

24th

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March

DATED this __ day of _ _ _ __ __ _ , 2017.

U.S. Magistrate

JUDGE

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CERTIFICATE OF SERVICE

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I hereby ce rtify that on theY~~i t of March , 20 17, I se rved a true and correct copy of the

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forego ing STIPULATED PROTECTIVE ORDER BETWEEN PLAINTIFF KAREN HOPKINS

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AND DEFENDANT WAL-MART STORES, INC., by electronic service and by U.S. Mail, in a

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sealed enve lope, first-class postage fu l1y prepaid, addressed to the fo llowing counsel of record, at the
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'. address listed below :

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TELEPHONE/FAX
Phone [phone]
Fax
702-839- 1 I 13

ATTORNEY OF R ECORD
RYAN L. DENNETT, ESQ .
MEREDITH L. HOLMES , ESQ.
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DENNETT W INSPEAR, LLP
10 · 330 1 North Buffalo Drive, Suite 195
Las Vegas, NV 89129
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PARTY
P lai nt iff