Wade v. Walmart Inc., No. 2:2023cv01554 - Document 25 (D. Nev. 2024)
Court Description: ORDER Granting 24 Stipulated Protective Order. Signed by Magistrate Judge Nancy J. Koppe on 2/29/2024. (Copies have been distributed pursuant to the NEF - RJDG)
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Wade v. Walmart Inc. Doc. 25 Dockets.Justia.com 1 IT IS HEREBY ORDERED THAT: 2 1. Designation of Confidential Documents and Information. The Responding Party shall mark 3 as "confidential" or "produced pursuant to protective order" or in some similar fashion any document 4 for which it claims protection under this order. The documents, things and information contained in 5 them or gleaned from them shall only be used, shown and disclosed only as provided in this order. 6 The term "confidential documents and information" as used in this order shall be construed to include 7 the documents and materials so marked, and their content, substance and the information contained 8 in or gleaned from them. The term shall also be construed to include any summaries, quotes, excerpts 9 and/or paraphrases of the documents, things or information. The designation shall be made in good 10 faith and shall not be made with respect to any document which is in the public domain, such as 11 patents, or any other document which has previously been produced or disseminated without 12 confidentiality protection. 13 2. Access to Confidential Documents and Information by Qualified Persons. This protective 14 order is limited to the context of pre-trial civil discovery. This protective order does not restrict 15 dissemination of information if gained from other public sources outside of pre-trial civil discovery. 16 Accordingly, access to confidential documents and other materials, any parts thereof, any summaries 17 or extracts thereof, as well as matters contained therein which are produced or obtained exclusively 18 through pre-trial discovery shall be limited to the following "qualified persons." The following 19 persons are automatically deemed a "qualified person:" 20 a. This Court and its employees; 21 b. The jurors; 22 c. Counsel of record for the parties to this lawsuit; 23 d. Those paralegals, stenographic and clerical employees who are employed by and 24 assisting counsel of record; 25 e. The parties of record and their officers, directors, employees, counsel of record and 26 insurers to the extent necessary to assist in preparing for discovery, depositions, resolution, 27 or for trial, or who are otherwise assisting in this litigation; 28 f. Deposition witnesses; -2PROTECTIVE ORDER 1 g. Witnesses called at trial; 2 h. Any mediator who is assigned/chosen to hear this matter, and his/her staff, subject 3 to their agreement to maintain confidentiality to the same degree as required by this 4 stipulation; and 5 i. Any expert or consultant (including persons directly employed by such experts or 6 consultants) who has been retained or specially employed by a party in anticipation of this 7 litigation or for trial of this case, to the extent necessary to assist in the litigation, and who 8 has signed a written certification in the form set forth as Exhibit "A"; provided, however, that 9 no confidential documents and information shall be disseminated to any expert or consultant: 10 i. Who is an employee of a direct business competitor of the party producing 11 the information; or 12 ii. Who is employed by a direct business competitor of the party producing the 13 information and who directly participates in design, manufacturing, marketing, or 14 service activities of direct business competitors. 15 h. Any certified shorthand or court reporters retained to report a deponent's testimony 16 taken in this litigation; 17 i. Persons shown on the face of a document to have authored or received it; 18 j. Any person whom the parties agree, in advance and in writing, may receive such 19 protected information, provided that the person has signed a written certification in 20 the form set forth as Exhibit "A." 21 Counsel of record shall maintain such certifications for all designated experts, and shall 22 provide copies of the certifications upon demand to counsel for any opposing party. Demand to one 23 counsel of record for a party is deemed to be a demand to all counsel of record for a party. 24 3. Jurisdiction Over Qualified Persons. Each qualified person is subject to the jurisdiction of 25 this court for purposes of enforcement of this order. Counsel of record are responsible for ensuring 26 that their employees comply strictly with this order. Violation by an employee of counsel shall be 27 deemed a violation by counsel. 28 -3PROTECTIVE ORDER 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 8. Action by the Court. Applications to the Court for an order relating to any documents 28 designated for protection under this Order shall be by stipulation or motion under Local Rules 7-1 or -5PROTECTIVE ORDER 1 7-2 and any other procedures set forth in the presiding judge’s standing orders or other relevant 2 orders. Nothing in this Order or any action or agreement of a party under this Order limits the Court’s 3 power to make any orders that may be appropriate with respect to the use and disclosure of any 4 documents produced or used in discovery or at trial. 5 9. Disposal at the Conclusion of this Action. At the conclusion of this action, including any 6 appeal, or upon the settlement and/or dismissal of the litigation, all confidential documents, things 7 and information, and all copies thereof, shall be disposed of by the receiving party within forty-five 8 (45) days. Counsel for the parties may preserve work product and privileged documents in their 9 permanent files even though such documents may reflect or contain confidential documents or 10 information. 11 10. Amendments. Nothing in this order will prejudice either party from seeking amendments 12 broadening or restricting the rights of access to and the use of confidential documents or information, 13 or contesting the designation of a confidential document or qualified person. 14 /// 15 16 /// 17 18 /// 19 20 /// 21 22 /// 23 24 /// 25 26 /// 27 28 /// -6PROTECTIVE ORDER 1 11. Execution. Facsimile copies of signature pages may be used as originals and this 2 Stipulated Protective Order may be executed in counterparts with the same full force and effect. This 3 Stipulation and Protective Order consists of eight (8) pages inclusive of a single one-page exhibit 4 and is executed on the dates set forth below. IT IS SO ORDERED: 5 ___________________________________ UNITED STATES MAGISTRATE JUDGE 6 7 February 29, 2024 DATED: ___________________________ 8 9 10 11 DATED: February 27, 2024 DATED: February 27, 2024 /s/ Susan Gillespie Tabetha A. Martinez, Esq. Nevada Bar No. 14237 Susan E. Gillespie, Esq. Nevada Bar No. 15227 BURGER MEYER, LLP 400 S. Fourth Street, Ste. 500 Las Vegas, NV 89101 /s/ Adrian Karimi Ramzy Paul Ladah, Esq. Nevada Bar No. 11405 Adrian A. Karimi, Esq. Nevada Bar No. 13514 LADAH LAW FIRM 517 S. Third Street Las Vegas, NV 89101 Attorneys for Defendants Attorneys for Plaintiff 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -7PROTECTIVE ORDER ATTACHMENT A 1 2 NONDISCLOSURE AGREEMENT I, , do solemnly swear that I am fully familiar with the terms of the Stipulated Protective Order entered in Eric Wade v. Walmart, Inc. et al., United States District 4 Court for the District of Nevada, Case No.: 2:23-cv-01554-JAD-NJK and hereby agree to comply with and be bound by the terms and conditions of that Stipulated 5 Protective Order unless and until modified by further order of this Court. I hereby consent to the 6 3 7 jurisdiction of said Court for the purposes of enforcing this order. 8 Dated:______________________ Signed:________________________ 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -8PROTECTIVE ORDER
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