Cabras v. Wal-Mart Stores, Inc. et al

Filing 5

PROTECTIVE ORDER. Signed by Magistrate Judge Cam Ferenbach on 4/10/2017. (Copies have been distributed pursuant to the NEF - SLD)

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1 2 3 4 5 6 7 8 9 SPO BRENDA H. ENTZMINGER, ESQ. Nevada Bar No. 9800 TIMOTHY D. KUHLS, ESQ. Nevada Bar No. 13362 PHILLIPS, SPALLAS & ANGSTADT LLC 504 South Ninth Street Las Vegas, Nevada 89101 (702) 938-1510 Attorneys for Defendants Wal-Mart Stores, Inc. & Sam’s West, Inc. UNITED STATES DISTRICT COURT 10 DISTRICT OF NEVADA 11 12 MAGDALINA AGUSTIN CABRAS, 13 14 15 16 17 18 Case No.: Plaintiff, 2:17-cv-00654-JCM-VCF STIPULATED PROTECTIVE ORDER BETWEEN PLAINTIFF MAGDALINA AGUSTIN CABRAS AND DEFENDANTS WAL-MART STORES, INC., d/b/a SAM’S CLUB STORE #6261 & SAM’S WEST, INC. v. WAL-MART STORES, INC., d/b/a SAM’S CLUB STORE #6261, a Delaware foreign corporation; SAM’S WEST, INC., an Arkansas foreign corporation; DOES 1-20 and ROE BUSINESS ENTITIES 1-20, inclusive, Defendants. 19 20 STIPULATED PROTECTIVE ORDER 21 The parties to this action, Defendants WAL-MART STORES, INC., d/b/a SAM’S CLUB 22 STORE #6261 & SAM’S WEST, INC. (“Defendants”) and Plaintiff, MAGDALINA AGUSTIN 23 CABRAS (“Plaintiff” or “Cabras”), by their respective counsel, hereby stipulate and request that the 24 Court enter a stipulated protective order pursuant as follows: 25 26 27 28 1. The Protective Order shall be entered pursuant to Federal Rules of Civil Procedure (“FRCP”). 2. The Protective Order shall govern all materials deemed to be “Confidential Information.” Such Confidential Information shall include the following: -1- 1 2 (a) Any and all documents referring or related to confidential and proprietary human resources or business information; financial records of the parties; compensation of Defendants’ current or former personnel; policies, procedures and/or training materials of Defendants and/or Defendants’ 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 Defendants’ current or former employees or contractors; (d) Any portions of depositions (audio or video) where Confidential Information is disclosed or used as exhibits. 3 4 5 6 7 8 9 10 11 3. In the case of documents and the information contained therein, designation of 12 Confidential Information produced shall be made by placing the following legend on the face of the 13 document and each page so designated “CONFIDENTIAL” or otherwise expressly identified as 14 confidential. Defendants will use its best efforts to limit the number of documents designated 15 Confidential. 16 4. Confidential Information shall be held in confidence by each qualified recipient to 17 whom it is disclosed, shall be used only for purposes of this action, shall not be used for any business 18 purpose, and shall not be disclosed to any person who is not a qualified recipient. All produced 19 Confidential Information shall be carefully maintained so as to preclude access by persons who are not 20 qualified recipients. 21 22 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; 24 (b) Deposition notaries and staff; 25 (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 23 26 27 28 -2- 1 (e) The parties to this litigation, their officers and professional employees. 2 3 6. Each counsel shall be responsible for providing notice of the Protective Order and the 4 terms therein to persons to whom they disclose “Confidential Information,” as defined by the terms of 5 the Protective Order. 6 Persons to whom confidential information is shown shall be informed of the terms of this 7 Order and advised that its breach may be punished or sanctioned as contempt of the Court. Such 8 deponents may be shown Confidential materials during their deposition but shall not be permitted to 9 keep copies of said Confidential materials nor any portion of the deposition transcript reflecting the 10 Confidential Information. 11 If either party objects to the claims that information should be deemed Confidential, that 12 party’s counsel shall inform opposing counsel in writing within thirty (30) days of receipt of the 13 Confidential materials that the information should not be so deemed, and the parties shall attempt first 14 to dispose of such disputes in good faith and on an informal basis. If the parties are unable to resolve 15 their dispute, they may present a motion to the Court objecting to such status. The information shall 16 continue to have Confidential status during the pendency of any such motion. 17 7. No copies of Confidential Information shall be made except by or on behalf of 18 attorneys of record, in-house counsel or the parties in this action. Any person making copies of such 19 information shall maintain all copies within their possession or the possession of those entitled to 20 access to such information under the Protective Order. 21 8. Any party that inadvertently discloses or produces in this action a document or 22 information that it considers privileged or otherwise protected from discovery, in whole or in part, 23 shall not be deemed to have waived any applicable privilege or protection by reason of such disclosure 24 or production if, within 14 days of discovering that such document or information has been disclosed 25 or produced, the producing party gives written notice to the receiving party identifying the document 26 or information in question, the asserted privileges or protection, and the grounds there for, with a 27 request that all copies of the document or information be returned or destroyed. The receiving party 28 shall return or destroy the inadvertently disclosed documents, upon receipt of appropriately marked -3- 1 2 replacement documents. 9. The termination of this action shall not relieve the parties and persons obligated 3 hereunder from their responsibility to maintain the confidentiality of information designated 4 confidential pursuant to this Order. 5 10. Within thirty (30) days of the final adjudication or resolution of this Lawsuit, the party 6 receiving Confidential Information shall return all Confidential Material, including all copies and 7 reproductions thereof, to counsel for the designating party. 8 9 10 11 11. 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. 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. 12 13 DATED this 10th day of April, 2017. DATED this 10th day of April, 2017. 14 RICHARD HARRIS LAW FIRM PHILLIPS, SPALLAS & ANGSTADT LLC 15 /s/ Kristopher M. Helmick /s/ Timothy D. Kuhls 16 KRISTOPHER M. HELMICK, ESQ. Nevada Bar No. 13348 801 S. Fourth Street Las Vegas, Nevada 89101 (702) 444-4444 Attorneys for Plaintiff TIMOTHY D. KUHLS, ESQ. Nevada Bar No. 13362 504 South Ninth Street Las Vegas, Nevada 89101 (702) 938-1510 Attorneys for Defendant Wal-Mart Stores, Inc. & Sam’s West, Inc. 17 18 19 20 21 22 23 24 25 26 27 28 -4- 1 Case No.: 2:17-cv-00654-JCM-VCF Case Name: Cabras v. Wal-Mart Stores, Inc., et al. 2 ORDER 3 4 5 6 The terms of the above stipulation for a protective order by and between Defendants Wal-Mart Stores, Inc. d/b/a Sam’s Club Store No. 6261, Sam’s West, Inc. and Plaintiff Magdalina Cabras, by their respective counsel, shall hereby be the ORDER of this Court. 7 8 10th DATED this ____ day of April, 2017. 9 ________________________________________ U.S. MAGISTRATE JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -5-

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