Chapin v. Costco Wholesale Corporation, No. 2:2023cv01358 - Document 6 (D. Nev. 2023)
Court Description: ORDER Granting 4 Stipulated Protective Order. Signed by Magistrate Judge Cam Ferenbach on 9/7/2023. (Copies have been distributed pursuant to the NEF - JQC)
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Chapin v. Costco Wholesale Corporation Doc. 6 Case 2:23-cv-01358-ART-VCF Document 6 Filed 09/07/23 Page 1 of 7 EDGAR CARRANZA, ESQ. 1 Nevada Bar No. 5902 2 ASHLEY E. WALTERS, ESQ. Nevada Bar No. 16338 3 MESSNER REEVES LLP 8945 West Russell Road, Suite 300 4 Las Vegas, Nevada 89148 (702) 363-5100 5 Telephone: Facsimile: (702) 363-5101 6 E-mail: ecarranza@messner.com Attorneys for Defendants 7 COSTCO WHOLESALE CORPORATION 8 9 UNITED STATES DISTRICT COURT 10 DISTRICT OF NEVADA 11 LINDA CHAPIN, an individual; CASE NO.: 2:23-cv-01358-ART-VCF 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Plaintiffs, vs. COSTCO WHOLESALE CORPORATION, a Delaware corporation; DOE INIDIVIDUAL RETAIL STORE OWNER, I through X, inclusive; ROE ENTITY RETAIL STORE OWNER, I through X, inclusive; DOE INDIVIDUAL MAINTENANCE CONTRACTORS, I through X, inclusive; ROE ENTITY MAINTENANCE CONTRACTORS, I through X, inclusive; DOES INDIVIDUAL I through X, inclusive; and ROE CORPORATIONS I through X inclusive, Defendants. STIPULATED CONFIDENTIALITY AGREEMENT AND PROTECTIVE ORDER Plaintiff, LINDA CHAPIN (hereinafter referred to as “Ms. Chapin” and/or “Plaintiff), by and through counsel, David Thomas, Esq. of the law firm G. Dallas Horton & Associates and Defendant 27 COSTCO WHOLESALE CORPORATION (hereinafter referred to as “Costco”) by and through 28 Page 1 of 6 Dockets.Justia.com Case 2:23-cv-01358-ART-VCF Document 6 Filed 09/07/23 Page 2 of 7 1 counsel, Edgar Carranza, Esq. and Ashley Walters, Esq. of MESSNER REEVES, LLP, hereby stipulate 2 as follows: 3 WHEREAS, Plaintiff seek discovery of confidential, proprietary and trade secret documents 4 and information from Costco regarding Costco’s policies, practices and procedures (“Confidential 5 Information”); 6 7 WHEREAS, Costco requires protection against the unrestricted disclosure and use of such 8 Confidential Information; and 9 10 11 12 13 WHEREAS, the parties agree that good cause exists for the entry of the foregoing Stipulated Confidentiality Agreement and Protective Order; THEREFORE, the parties hereby stipulate and agreed that: 1. This Stipulated Confidentiality Agreement and Protective Order (hereinafter referred 14 to as “Confidentiality Agreement”) shall govern all Confidential Information revealed in the above15 referenced lawsuit, whether the Confidential Information is contained in documents produced, NRCP 16 16.1/FRCP 26 disclosures, responses to requests for production, answers to interrogatories, 17 18 deposition testimony, and/or any other oral or written responses to discovery conducted in this matter, 19 whether it is revealed by Costco or any other party or third-party. 20 2. A party shall designate and indicate that information is Confidential Information 21 hereunder by producing a copy bearing a stamp or label signifying that it is “Confidential.” In the 22 23 24 case of testimony or any other oral information, it shall be sufficient for a party to state that the Confidential Information is confidential pursuant to this Agreement generally at the time such 25 testimony or oral information is given or conveyed. Alternatively, a party may designate testimony 26 as Confidential hereunder by marking the transcript containing Confidential Information with the 27 word “Confidential” any time after the receipt of the final transcript of said testimony. In the event 28 Page 2 of 6 Case 2:23-cv-01358-ART-VCF Document 6 Filed 09/07/23 Page 3 of 7 1 any party creates a computer database, disk, compact disk, drive, digital or other electronic record 2 containing Confidential Information, the party creating such an electronic record shall mark the case 3 or envelope containing the material with the word “Confidential.” Documents printed from such 4 electronic media shall be marked the same as documents originally produced on paper and shall be 5 accorded the same status of confidentiality as the underlying Confidential Information from which 6 7 8 they are made and shall be subject to all of the terms of this Agreement. 3. Confidential Information obtained by or produced to any party shall be held in 9 confidence and revealed only to the named parties in the above-captioned matter, counsel of record, 10 paralegals and secretarial employees under counsels’ direct supervision, the parties themselves for 11 12 13 purposes of deposition, the Court and court staff, court reporters, and such persons as are employed by the parties or their counsel to act as experts, investigators or consultants in this case. All 14 Confidential Information must be maintained in counsels’ office, with the exception of documents 15 and/or information provided to individuals employed to act as experts in this case. The parties shall 16 take all steps reasonably necessary to see that no person shall use, disclose, copy or record 17 18 19 20 Confidential Information for any purpose other than the preparation or conduct of this case. 4. All Confidential Information shall be used solely for the purpose of maintaining the present litigation, including any trials, appeals or retrials, and not for any other purpose(s) or any 21 other litigation. Under no circumstances shall Confidential Information be disclosed to anyone other 22 than the persons designated above, and the parties shall not disclose such Confidential Information 23 24 25 26 27 28 to any undesignated person during or after the termination of this litigation. Moreover, no Confidential Information shall be disclosed to a competitor (direct or indirect) of Costco, whether for the purposes of this litigation or otherwise. 5. Before any Confidential Information is disseminated or disclosed to any of the abovePage 3 of 6 Case 2:23-cv-01358-ART-VCF Document 6 Filed 09/07/23 Page 4 of 7 1 designated persons, such person shall (a) read this Confidentiality Agreement in its entirety; and, (b) 2 agree to all provisions of this Confidentiality Agreement. 3 6. All depositions, pleadings, reports, notes, lists, memoranda, indices, compilations, 4 electronically stored information, and records in which Confidential Information is discussed, 5 documented or referred to shall themselves be deemed Confidential Information and shall be subject 6 7 to this Agreement. Should a party use any Confidential Information in any pleading, motion or paper 8 filed with the Court, that party shall, at the time of filing, request that the court impound and/or seal 9 the specific portion of the pleading containing the Confidential Information. 10 11 12 13 7. Upon the request of Costco and/or their counsel, each person subject to this Confidentiality Agreement shall destroy or return all Confidential Information to counsel for Costco within thirty (30) days. Documents that contain notations of counsel may be destroyed rather than 14 returned, but it shall be the responsibility of counsel to ensure the documents are destroyed. 15 8. The disclosure of any Confidential Information by Costco shall not serve to waive any 16 of the protections provided by this Confidentiality Agreement with respect to any other Confidential 17 18 19 20 Information. 9. No person who has received Confidential Information shall seek to vacate or otherwise modify this Agreement at any time. This Agreement shall not be abrogated, modified, amended, or 21 enlarged except by stipulation and agreement of the parties or by the Court with notice given to each 22 of the parties. 23 24 25 26 10. Nothing in this Confidentiality Agreement shall restrict a party’s right to object to the disclosure of documents or information otherwise objectionable, protected or privileged pursuant to the Nevada Rules of Civil Procedure/Federal Rules of Civil Procedure, applicable law, other than 27 confidentiality, or to seek an agreement preventing disclosure or limiting the discovery of 28 Page 4 of 6 Case 2:23-cv-01358-ART-VCF Document 6 Filed 09/07/23 Page 5 of 7 1 Confidential Information, or to seek an agreement preventing disclosure or limiting the discovery of 2 information or material that is objectionable on other grounds, regardless of whether or not such 3 material may also constitute Confidential Information pursuant to this Confidentiality Agreement. 4 This parties shall take reasonable steps necessary to have the Court enter an order consistent with the 5 terms of this Confidentiality Agreement. 6 11. 7 Nothing contained herein shall restrict the presentation of any evidence, including 8 Confidential Information, to an arbitrator, panel of arbitrators, jury or the Court at trial. However, 9 such presentation shall not constitute a waiver of any restrictions provided for in this Order and the 10 parties agree to take reasonable steps to maintain the confidentiality of any Confidential Information 11 12 13 at the arbitration hearing and/or trial of this matter in such a manner and until such time as the Court may direct and/or as the parties may otherwise agree. Before any such presentation of Confidential 14 Information, the receiving party shall provide Costco with appropriate notice so that Costco may have 15 the opportunity to lodge appropriate objections or seek the Court’s direction to prevent disclosure of 16 the Confidential Information and/or move for appropriate confidential treatment of the materials at 17 trial. 18 12. 19 20 The terms of this Confidentiality Agreement shall remain fully active until released by written consent of Costco. The Court shall retain jurisdiction over the parties, this Agreement, and 21 recipients of confidential documents, materials, and/or information for the sole purpose of enforcing 22 this Agreement and adjudicating claims of breaches thereof and administering damages and other 23 24 25 26 remedies related thereto. The provisions of this Agreement shall continue to be binding as to the confidential documents, materials, and/or information produced pursuant to it. .... 27 . . . . 28 Page 5 of 6 Case 2:23-cv-01358-ART-VCF Document 6 Filed 09/07/23 Page 6 of 7 1 13. This Stipulation and Order may be executed in one or more counterparts, and facsimile 2 signatures are deemed to constitute originals for purposes of this Stipulation. 3 Dated this 7th day of September 2023. Dated this 7th day of September 2023. 4 MESSNER REEVES LLP G. DALLAS HORTON & ASSOCIATES 6 /s/ Edgar Carranza /s/ David Thomas 7 EDGAR CARRANZA, ESQ. (NBN 5902) ASHLEY WALTERS (NBN 16338) 8945 West Russell Road, Suite 300 Las Vegas, Nevada 89148 Attorneys for Defendant COSTCO WHOLESALE CORPORATION DAVID THOMAS, ESQ. (NBN 3172) 4435 S. Eastern Ave. Las Vegas, Nevada 89119 Attorney for Plaintiff LINDA CHAPIN 5 8 9 10 11 12 13 14 IT IS SO ORDERED. IT IS SO ORDERED. 15 16 17 _______________________________________ 18 19 20 21 22 23 24 25 26 27 28 Page 6 of 6 ______________________________ Cam Ferenbach United States Magistrate Judge 9-7-2023 DATED ________________________ Case 2:23-cv-01358-ART-VCF Document 6 Filed 09/07/23 Page 7 of 7 Patti Sherretts From: Sent: To: Cc: Subject: David Thomas <DThomas@Gdallashorton.com> Thursday, September 7, 2023 3:02 PM Patti Sherretts Vikki Weyandt; Edgar Carranza; Ashley E. Walters RE: Costco adv. Chapin [ EXTERNAL EMAIL ] Hi Patti, You can use my signature on the SAO. David L. Thomas, Esq. G. Dallas Horton & Associates 4435 South Eastern Avenue Las Vegas, Nevada 89119 T: 702 380 3100 If you are a client or work for a client of G. DALLAS HORTON & ASSOCIATES, or have consulted with the law firm for potential representation, this email communication is protected by the Attorney Client Privilege and the Work Product Doctrine. This email communication is not intended for release to opposing parties, opposing counsel or any other third person or entity. CAUTION should be used when forwarding this email communication to others as the privilege may be lost. Copies of this email communication should not be kept in your regular file. If you print a copy of this email communication, place it in a separate file labeled “Attorney Client Privilege”. This email communication contains confidential and/or privileged information intended only for the addressee and may contain information that is privileged, confidential and exempt from disclosure under applicable law. Do not read, copy or distribute this communication unless you are the intended addressee. If you have received this communication in error, please notify the sender immediately. From: Patti Sherretts <PSherretts@messner.com> Sent: Thursday, September 7, 2023 1:57 PM To: David Thomas <DThomas@Gdallashorton.com> Cc: Vikki Weyandt <vweyandt@Gdallashorton.com>; Edgar Carranza <ECarranza@messner.com>; Ashley E. Walters <AWalters@messner.com> Subject: FW: Costco adv. Chapin Importance: High Mr. Thomas: Please advise the status of the executed Confidentiality Agreement. Thank you for your prompt attention. PATTI SHERRETTS 1
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