Hernandez v. Lowes Home Centers, LLC et al, No. 2:2022cv00938 - Document 33 (D. Nev. 2022)
Court Description: ORDER denying as moot 29 Motion for Protective Order; ORDER granting 32 Stipulation Regarding Confidential Information. Signed by Magistrate Judge Elayna J. Youchah on 8/31/2022. (Copies have been distributed pursuant to the NEF - HAM)
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Hernandez v. Lowes Home Centers, LLC et al Doc. 33 Case 2:22-cv-00938-APG-EJY Document 33 Filed 08/31/22 Page 1 of 6 1 2 3 4 5 6 ELLEN S. BOWMAN, ESQ. Nevada Bar No. 12118 WILSON, ELSER, MOSKOWITZ, EDELMAN & DICKER LLP 6689 Las Vegas Blvd. South, Suite 200 Las Vegas, Nevada 89119 Telephone: 702.727.1400 Facsimile: 702.727.1401 Email: ellen.bowman@wilsonelser.com Attorneys for Defendants The Home Depot, Inc. and Ridge Tool Company 7 UNITED STATES DISTRICT COURT 8 DISTRICT OF NEVADA 9 CASE NO. 2:22-CV-00938-APG-EJY OSCAR HERNANDEZ , 10 Plaintiffs, 11 12 13 14 v. THE HOME DEPOT, INC., RIDGE TOOL COMPANY, and DOES 1-V, and ROE CORPORATIONS IV, inclusive, 15 REVISED STIPULATION AND ORDER REGARDING CONFIDENTIAL INFORMATION Defendants. 16 17 Plaintiff, Oscar Hernandez by and through his attorney of record, David Sampson, Esq. of 18 the Law Office of David Sampson and Defendants, The Home Depot, Inc. and Ridge Tool 19 Company, by and through its attorney of record, Ellen S. Bowman, Esq. of Wilson, Elser, 20 Moskowitz, Edelman & Dicker LLP, hereby submit the following Stipulation and Order Regarding 21 Confidential Information: 22 The following provisions shall govern the exchange of confidential information in this 23 24 25 matter: 1. Following a good faith meet and confer, the parties have agreed that the following 26 documents, to be produced by Defendants, contain proprietary and/or trade secret 27 information: 28 Page 1 of 6 271732426v.1 Dockets.Justia.com Case 2:22-cv-00938-APG-EJY Document 33 Filed 08/31/22 Page 2 of 6 Revised SAO re: Confidential Information Hernandez v. The Home Depot, et al 2:22-CV-00938-APG-EJY i. Project Initiation Requests 1 2 ii. New Product Qualification Procedure No. 8 3 iii. Product Evaluation and Acceptance Criteria 4 iv. Lab Test Procedure No. 0224 5 v. Product Safety Committee Minutes 6 vi. Test No.: 2015-01825 et al. 7 vii. New Product Release for Shipment 8 9 2. The documents identified above are hereby designated as confidential and will be 10 stamped “CONFIDENTIAL” before production by Defendants. “Confidential” 11 information or documents may be referred to collectively as “Confidential 12 Information.” 13 3. 14 Unless ordered by the court or otherwise provided for herein, the Confidential Information disclosed will be held and used by the person receiving such information 15 solely for use in connection with the above-captioned action – more particularly as 16 described in Paragraph 6. 17 18 4. In the event that either party identifies additional documents or information believed 19 to confidential, the parties agree to meet and confer, in good faith, and either submit 20 a supplemental stipulated protective order that identifies, by title, the Confidential 21 Information for the court’s consideration, or if an agreement cannot be reached, then 22 the requesting party reserves the right to submit a motion seeking the desired relief. 23 24 5. Nothing in this Protective Order constitutes an admission by any party that Confidential Information disclosed in this case is relevant or admissible. Each party 25 26 Page 2 of 6 27 28 271732426v.1 271732426v.1 271732426v.1 Case 2:22-cv-00938-APG-EJY Document 33 Filed 08/31/22 Page 3 of 6 Revised SAO re: Confidential Information Hernandez v. The Home Depot, et al 2:22-CV-00938-APG-EJY specifically reserves the right to object to the use or admissibility of all Confidential 1 Information disclosed, in accordance with applicable laws and court rules. 2 3 6. 4 Information or documents designated as “Confidential” shall not be disclosed to any person except: 5 a. The requesting party and counsel, including in-house counsel; 6 b. Employees of such counsel assigned to and necessary to assist in the 7 litigation; 8 c. The Court (including the clerk, court reporter or stenographer, or other 9 10 person having access to Confidential Information by virtue of his or her 11 position with the Court) or the jury at trial or as exhibits to motions. 12 d. Subject to the condition set forth in Paragraph 7 below: consultants or 13 experts in the prosecution or defense of the matter, to the extent deemed 14 necessary by counsel; 15 e. Subject to the condition set forth in Paragraph 7 below: any person from 16 17 who testimony is taken or is to be taken in this action, except that such a person 18 may only be shown Confidential Information during and in preparation for 19 his/her testimony and may not retain the Confidential Information; and 20 7. 21 Prior to disclosing or displaying Confidential Information to any person, counsel shall: 22 a. inform the person of the confidential nature of the information or 23 documents; 24 25 26 Page 3 of 6 27 28 271732426v.1 271732426v.1 271732426v.1 Case 2:22-cv-00938-APG-EJY Document 33 Filed 08/31/22 Page 4 of 6 Revised SAO re: Confidential Information Hernandez v. The Home Depot, et al 2:22-CV-00938-APG-EJY b. inform the person that this Court has enjoined the use of the information or 1 2 documents by him/her for any purpose other than this litigation and has 3 enjoined the disclosure of that information or documents to any other person. 4 8. 5 The disclosure of a document or information without designating it as “confidential” shall not constitute a waiver of the right to designate such document or information 6 as Confidential Information provided the material is designated pursuant to the 7 procedures set forth herein no later than fourteen (14) days after that close of discovery 8 or fourteen (14) days after the production of the document or information. If so 9 10 designated, the document or information shall thenceforth be treated as Confidential 11 Information subject to all of the terms of the Stipulation and Order. 12 9. 13 All information subject to confidential treatment in accordance with the terms of this Stipulation and Order that is filed with the Court, including any pleadings, motions or 14 other papers filed with the Court that includes Confidential Information, shall be filed 15 provisionally under seal together with a motion to seal pursuant to Local Rule IA 10- 16 17 5. Papers filed with the Court under seal will be accompanied by a motion for leave 18 to file those documents under seal. All papers filed under seal will remain sealed until 19 the Court either denies the motion to seal or enters and order unsealing them. LR IA 20 10-5(a). An attorney who files a document under seal must include with the document 21 either (1) a certificate of service certifying that the sealed document was served on the 22 opposing attorneys or (ii) an affidavit showing good cause why the document has not 23 been served on the opposing attorneys. LR IA 10-5(c). Documents filed under seal 24 will be served in accordance with LR IC 4-1 (c). 25 26 Page 4 of 6 27 28 271732426v.1 271732426v.1 271732426v.1 Case 2:22-cv-00938-APG-EJY Document 33 Filed 08/31/22 Page 5 of 6 Revised SAO re: Confidential Information Hernandez v. The Home Depot, et al 2:22-CV-00938-APG-EJY 1 10. In the event of unauthorized or inadvertent disclosure of Confidential Information, the 2 party responsible for the disclosure must immediately bring all pertinent facts relating to 3 such disclosure to the attention of all counsel of record and, without prejudice to other 4 rights and remedies of the producing party, make every effort to prevent further 5 disclosure by it or by the person who was the recipient of such information. Inadvertent 6 or unintentional production of Confidential Information that is not designated as such 7 shall not be deemed a waiver in whole or in part of a claim for confidential treatment. 8 9 11. At the conclusion of the litigation, the Confidential Information and any copies thereof 10 shall be promptly (and in no event no later than thirty (30) days after entry of final 11 judgment no longer subject to further appeal) returned to the producing party or 12 certified as destroyed, except that the parties’ counsel shall be permitted to retain their 13 working files on the condition that such files will remain confidential. 14 The foregoing is without prejudice to the right of any party to apply to the Court for any further 15 16 Protective Order relating to Confidential Information; or to object to the production of documents 17 or information; or to apply to the Court for an order compelling production of documents or 18 information; or for modification of this order. This Order may be enforced by any party and any 19 violation of this order may result in the imposition of sanctions by the Court. 20 21 IT IS SO STIPULATED. 22 23 [Continued on the next page] 24 25 26 Page 5 of 6 27 28 271732426v.1 271732426v.1 271732426v.1 Case 2:22-cv-00938-APG-EJY Document 33 Filed 08/31/22 Page 6 of 6 Revised SAO re: Confidential Information Hernandez v. The Home Depot, et al 2:22-CV-00938-APG-EJY 1 2 DATED this _31st__ day of August, 2022. Dated this _31st__ day of August, 2022. WILSON, ELSER, MOSKOWITZ, EDELMAN & DICKER LLP LAW OFFICE OF DAVID SAMPSON, LLC 3 4 5 6 7 By: By: _/s/ Ellen S. Bowman___________ Ellen S. Bowman, Esq. Nevada Bar No. 12118 6689 Las Vegas Blvd. South, Suite 200 Las Vegas, Nevada 89119 Attorneys for Defendant The Home Depot, Inc. and Ridge Tool Company _/s/ David Sampson_____________ David Sampson, Esq. Nevada Bar No. 6811 630 S. 3rd Street Las Vegas, Nevada 89101 Attorney for Plaintiff 8 ORDER 9 10 Upon stipulation of the parties and good cause appearing, IT IS HEREBY ORDERED 11 that this Revised Stipulation and Order Regarding Confidential Information (ECF No. 32) is 12 GRANTED. 13 14 15 IT IS FURTHER ORDERED that the Motion for Protective Order (ECF No. 29) is DENIED as moot. 16 17 _____________________________________ United States Magistrate Judge 18 19 Dated August 31, 2022 20 21 22 23 24 25 26 Page 6 of 6 27 28 271732426v.1 271732426v.1 271732426v.1
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