Hinton v. 99 Cents Only Stores, LLC DBA 99 Cents Only Stores, No. 2:2024cv00431 - Document 21 (D. Nev. 2024)
Court Description: PROTECTIVE ORDER GRANTING 19 Stipulated Protective Order. Signed by Magistrate Judge Brenda Weksler on 4/2/2024. (Copies have been distributed pursuant to the NEF - MAM)
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Hinton v. 99 Cents Only Stores, LLC DBA 99 Cents Only Stores 1 2 3 4 5 6 7 8 9 LEW BRANDON, JR., ESQ. Nevada Bar No. 5880 RYAN VENCI, ESQ. Nevada Bar No. 7547 BRANDON | SMERBER LAW FIRM 139 E. Warm Springs Road Las Vegas, Nevada 89119 (702) 380-0007 (702) 380-2964 – facsimile l.brandon@bsnv.law r.venci@bsnv.law Attorneys for Defendant, 99 CENTS ONLY STORES, LLC d/b/a 99 CENTS ONLY STORES 10 UNITED STATES DISTRICT COURT DISTRICT OF NEVADA 11 12 RICKEY HINTON, 13 14 15 16 17 Doc. 21 vs. CASE NO.: 2:24-cv-00431-APG-BNW Plaintiff, 99 CENTS ONLY STORES LLC d/b/a 99 CENTS ONLY STORES; DOES I-X; ROE ENTITIES I-X, inclusive, STIPULATED PROTECTIVE ORDER Defendants. 18 19 In connection with the production of confidential documents and other confidential 20 information in this action, Plaintiff RICKEY HINTON, and Defendant 99 CENTS ONLY 21 STORES LLC, through their respective counsel, hereby enter into this Stipulated Protective Order 22 (“Stipulated Protective Order”). PURPOSE OF THIS PROTECTIVE ORDER 23 24 The purpose of this Stipulated Protective Order is to provide a means for limiting access to, 25 use of, and disclosure of Confidential Documents or Information produced in this action. Any 26 unauthorized disclosure of Confidential Documents or Information in violation of this Order may 27 be subject to discipline by the powers of this Eighth Judicial District Court for the State of Nevada. 28 /// Page 1 of 10 Dockets.Justia.com DESIGNATION OF “CONFIDENTIAL DOCUMENTS OR INFORMATION” 1 The Parties may designate such documents or information as “Confidential” in accordance 2 3 with the following procedures: 4 A. “Confidential” Documents or Information 5 Either Party may designate any documents, records, reports, videotapes, tangible items, or 6 information as “Confidential.” Upon a designation of “Confidential,” the Parties shall treat any 7 designated document, record, report, videotape, tangible item, or information as confidential and 8 shall only use such document, record, report, videotape, tangible item, or information solely for 9 the prosecution or defense of this matter. 10 B. Time of Designation 11 Unless otherwise agreed between counsel for the Parties, the designation of Confidential 12 Documents or Information shall be made at the time of the production of documents, records, 13 reports, videotapes, tangible items, or information. 14 C. Manner of Designation 15 16 The designation of Confidential Documents or Information shall be made in the following manner: 17 1. For documents, by placing the notation “Confidential” on each page of such document; 18 2. For tangible items, including any videotapes or documents or information produced on 19 magnetic disks or other computer related media, by placing the notation “Confidential” 20 on the object and, if applicable, on the container thereof or, if such is not practicable, as 21 otherwise agreed by the Parties. In the event either Party generates any “hard copy” or 22 printout from any “Confidential Material,” that Party must immediately stamp each page 23 “Confidential,” and the hard copy or printout shall be treated as “Confidential 24 Information” pursuant to this Stipulated Protective Order. 25 D. Retroactive Designation 26 1. Inadvertent production of any Confidential Documents or Information without a 27 designation of confidentiality will not be deemed to waive a later claim as to 28 confidentiality or privilege, or prevent the Party claiming confidentiality from re- Page 2 of 10 1 designating such documents or information as “Confidential” promptly after discovery 2 of the inadvertent production. 3 2. Within a reasonable time after production, either Party may retroactively designate (or 4 withdraw a designation) of Confidential Documents or Information, regarding any 5 material that it has produced, provided however, that such retroactive designation (or 6 withdrawal) shall be in accordance with the terms of this Order. Such retroactive 7 designation (or withdrawal) shall be accomplished by notifying counsel for the non- 8 designating Party in writing of such retroactive designation (or withdrawal). Upon receipt 9 of any such written re-designation, counsel (i) shall not make any further disclosure or 10 communication of such retroactively designated material except as provided for in this 11 Order; (ii) shall take reasonable steps to notify all persons known to have possession of 12 any retroactively designated material of the effect of such re-designation under this 13 Order; and (iii) shall take reasonable steps to procure all copies of such retroactively 14 designated material from any persons known to have possession of any such retroactively 15 designated material who are not entitled to receipt under this Order. 16 E. Resolution of Disputes Regarding Designation 17 If either Party, at any time, wishes to have the “Confidential” designation of any particular 18 Confidential Document or Information removed or changed, that Party shall first request, in 19 writing, that the Party having made the designation at issue change its designation. Thereafter, 20 the Parties shall make good faith efforts to resolve the dispute. If the designating Party refuses to 21 agree to remove or change the designation, then the Party that requests that the designation be so 22 removed may make a motion before this Court for an order removing or changing the designation; 23 provided, however, that the designating Party shall have the burden of proving that such particular 24 Confidential Document or Information are properly designated as “Confidential” pursuant to 25 paragraph III below. At all times during the process of challenging a designation, the Parties shall 26 treat the Confidential Documents or Information as originally designated until a change is agreed 27 to or the motion is decided by the Court and written notice of such decision is served on the 28 Parties. Page 3 of 10 1 Any motion filed with respect to this Stipulated Protective Order or documents labeled 2 “Confidential” must comply with the local rules of the Eighth Judicial District Court for the State 3 of Nevada. 4 F. Designation of Third-Party Documents 5 Documents and/or information produced by a third party in response to a subpoena or during 6 deposition in the course of this litigation may involve receipt of information, documents, things, 7 or testimony which include, contain, or comprise protected information that may or may not be 8 appropriate for “Confidential” designation under this Order. Unless otherwise agreed in writing 9 between counsel for the parties, documents and information so produced by a third party shall be 10 treated as follows: First, all such documents and information shall automatically be deemed to be, 11 and shall be treated as, “Confidential” for twenty (20) business days following their actual receipt 12 by both counsel for Plaintiff(s) and counsel for Defendant(s) in this action, in order to enable each 13 such counsel to determine whether in their view any protected information is embodied therein. 14 If no designation of the information as “Confidential” by the Designating Party is received by the 15 non-Designating Party within twenty (20) business days after production, then the information 16 will not be protected by this Protective Order except pursuant to subsequent designation by a party 17 hereto or pursuant to a subsequent agreement of the parties or Court order; if however a written 18 designation of “Confidential” is made by a Designating Party and is received by the non- 19 Designating Party within twenty (20) business days after production of documents or information 20 by the non-party, then the information will be subject to this Protective Order and will be deemed 21 to be “Confidential” (as requested by the Designating Party); provided, however, that the 22 designation may be challenged as any such designation. 23 Lastly, to the extent third-party documents or information contains information that is 24 confidential and/or proprietary to the third party, the third party can avail itself of the protections 25 set forth in this Order and designate documents and/or information it produces accordingly by 26 executing this Order and agreeing to be bound by its terms. 27 /// 28 /// Page 4 of 10 1 PERSONS TO WHOM CONFIDENTIAL DOCUMENTS OR INFORMATION MAY BE 2 DISCLOSED 3 A. Disclosure of Documents or Information Designated as “Confidential” Documents or Information designated as “Confidential” may be disclosed and copies may be 4 5 provided only to: 6 1. Counsel of record; 7 2. Expert witnesses or consultants retained by the Parties or their respective counsel in connection with this action who have complied with paragraph III(C), below; 8 3. Outside court reporting services and court reporters as may be reasonably necessary in 9 connection with the preparation or conduct of this action; 10 4. This Court and its personnel, or any other tribunal of competent jurisdiction, and its 11 personnel, involved in this matter; 12 13 5. Any mediator or arbitrator selected by the Parties to mediate or arbitrate this action; and 14 6. Representatives of the Parties. 15 B. Additional Authorized Disclosure of Documents or Information Designated as “Confidential” 16 17 Notwithstanding anything to the contrary in paragraph III(A) above, particular Confidential 18 Documents or Information that have been designated as “Confidential” may be disclosed and 19 copies may be provided: 20 1. To persons who are explicitly named on the document as the authors or addressees or to 21 persons who may be shown to be an author or recipient of any particular document; 22 2. To any other persons with the prior written consent of the designating Party; 23 3. To any other persons with the prior authorization of this Court or any other tribunal of competent jurisdiction involved in this matter; and 24 25 4. If a document designated as “Confidential” refers to the conduct or affairs of a potential 26 witness, the Party’s counsel of record shall discuss such conduct or affairs with such 27 person without revealing the existence of the document, or its authors or source. 28 /// Page 5 of 10 1 C. Disclosure of Experts or Consultants 2 Prior to disclosing or providing copies of any Confidential Documents or Information to any 3 expert or consultant pursuant to paragraphs III(A) or III(B), above, the Parties shall first obtain 4 the agreement of the expert, consultant, or anyone else to whom such disclosure will be made to 5 be bound by the terms of this Stipulated Protective Order as set forth in the attached 6 “Acknowledgment and Agreement To Be Bound.” Specifically, the expert or consultant shall 7 acknowledge that, during the course of his or her retention, the expert or consultant may have 8 access to, and become acquainted with, Confidential Documents or Information which are 9 regularly used in the operation of the businesses of the designating Party and in which the 10 designating Party has an expectation of confidentiality. The expert or consultant shall agree not 11 to disclose such Confidential Documents or Information, directly or indirectly, to any person or 12 entity not subject to this Stipulated Protective Order or use them in any way outside the specific 13 scope of his/her retention as an expert witness in this action, or at any time thereafter. 14 D. Return of Confidential Documents or Information by Experts and Consultants 15 Confidential Documents or Information disclosed to any expert or consultant may be retained 16 by such expert or consultant provided that such expert or consultant subsequently destroys any 17 and all copies of such Confidential Documents or Information upon the termination of their 18 engagement. USE OF CONFIDENTIAL DOCUMENTS OR INFORMATION 19 20 A. Use of Confidential Documents or Information Generally 21 Confidential Documents or Information shall only be used by the Parties, their respective 22 agents, and any other persons to whom such Confidential Documents or Information may be 23 disclosed pursuant to this Stipulated Protective Order: (1) in this action; (2) as otherwise 24 compelled by lawful process (provided the designating Party is given a reasonable notice to 25 object); or (3) as otherwise required by law. Notwithstanding the foregoing, nothing in this 26 Stipulated Protective Order shall prevent or limit the designating Party from disclosing 27 Confidential Documents or Information they so designate. 28 /// Page 6 of 10 1 B. Use of Confidential Documents or Information in the Conduct of this Action 2 1. Confidential Documents or Information may be used by counsel for the non-designating 3 Party in good faith in connection with investigating this action, provided that the 4 Confidential Documents or Information are protected pursuant to the terms and 5 conditions of this Stipulated Protective Order. 6 2. The terms of this Stipulated Protective Order do not apply to evidence presented at or for 7 court proceedings and/or trial in this matter unless so designated by the Court. Any 8 protective measures relating to Confidential Documents or Information should be taken 9 up with the judicial officer conducting the particular proceeding at the appropriate time. 10 3. If either Party seeks to file pleadings or other documents with this Court that contains the 11 other Party’s Confidential Documents or Information, it may do so only if: (a) the 12 pleading and other documents that contains the other Party’s Confidential Documents or 13 Information are filed under seal in the manner prescribed by the Court; and (b) the filing 14 Party informs the designating Party of such filing prior to the filing of such documents 15 with the Court. 16 RETURN OF CONFIDENTIAL DOCUMENTS, TESIMONY, OR INFORMATION Upon written request after the final conclusion of this action, the Parties shall: 17 18 1. Return to the other Party any and all Confidential Documents or Information so 19 designated by that Party and all copies thereof in its possession, custody, and control, or 20 otherwise destroy such documents; 21 2. Ensure that all Confidential Documents or Information in the possession, custody, or 22 control of any permitted parties or third parties are returned to the designating Party, or 23 are otherwise destroyed; and 24 3. Destroy all notes, memoranda, or other documents that contain excerpts from any of the 25 Confidential Documents or Information. Notwithstanding the foregoing, attorney work 26 product, attorney-client communications, and information derived from Confidential 27 Documents or Information may be retained by the non-designating Party and its counsel. 28 /// Page 7 of 10 PUBLIC DOCUMENTS 1 2 None of the restrictions set forth in this Stipulated Protective Order shall apply to any 3 documents or other information that become public knowledge by means not in violation of the 4 provisions of this Stipulated Protective Order. NO PROBATIVE VALUE 5 6 This Stipulated Protective Order shall not aggregate or diminish any contractual, statutory, or 7 other legal obligation or right of any party or person with respect to any Confidential Documents 8 or Information. The fact that information is designated “Confidential” under the Stipulated 9 Protective Order shall not be deemed to be determinative of what a trier of fact may determine to 10 be confidential or proprietary. This Stipulated Protective Order shall be without prejudice to the 11 right of any party to bring information before this Court, regardless of (a) whether any particular 12 material is or is not Confidential, or (b) whether any particular information or material is or is not 13 entitled to a greater or lesser degree of protection under the terms of this Stipulated Protective 14 Order, provided that in doing so, the party complies with the procedures set forth herein. The fact 15 that any information is disclosed, used, or produced in any proceeding in this action shall not be 16 offered in any other action or proceeding before this Court, or any other court, agency, or tribunal 17 as evidence of or concerning whether or not such information is admissible, confidential or 18 proprietary. 19 NO IMPLIED WAIVER OF ADMISSION 20 No party shall be obligated to challenge the proprietary nature of any designation of 21 “Confidential” information, and the failure to do so shall not constitute a waiver or otherwise 22 preclude a subsequent challenge to the designation. 23 MODIFICATION OF THIS STIPULATED PROTECTIVE ORDER 24 The Parties hereto may modify the terms of this Stipulated Protective Order by further 25 stipulation. However, no modification by the parties shall have the force or effect of a court order 26 unless the Court approves the modification. Alternatively, any party hereto may seek an order of 27 this Court to modify the terms of this Stipulated Protective Order. Any motion seeking such 28 Page 8 of 10 1 modification must be served upon all counsel of record and filed in accordance with this Court’s 2 filing procedures. EXECUTION AND COUNTERPART 3 4 This Stipulated Protective Order may be executed in one or more counterparts, each of which 5 shall be deemed to be an original, but all of which together shall constitute one and the same 6 instrument. 7 8 Facsimile signatures shall be binding upon the Parties hereto and may be submitted and considered as originals. 9 10 IT IS SO STIPULATED. 11 DATED this 1st day of April 2023. 12 KAPLAN YOUNG BRANDON SMERBER LAW FIRM 13 14 15 16 17 18 19 /s/Brittany Young, Esq._______ BRITTANY A. YOUNG, ESQ. Nevada Bar No. 13663 KORY L. KAPLAN, ESQ. Nevada Bar No. 13164 10091 Park Run Drive, Suite 190 Las Vegas, Nevada 89145 Attorneys for Plaintiff, RICKEY HINTON 20 . /s/ Lew Brandon, Esq. LEW BRANDON, JR., ESQ. Nevada Bar No. 5880 RYAN VENCI, ESQ. Nevada Bar No. 7547 139 E Warm Springs Road Las Vegas, Nevada 89119 Attorneys for Defendant, 99 CENTS ONLY STORES, LLC d/b/a 99 CENTS ONLY STORES 21 22 23 24 25 IT IS SO ORDERED. ____________________________ U.S. Magistrate Judge Dated:_______________________ 4/2/2024 26 27 28 Page 9 of 10 . Acknowledgment and Agreement To Be Bound 1 2 I hereby acknowledge that I may receive information designated as “Confidential” from 3 counsel to a party to this action. I hereby certify my understanding that such information will be 4 provided to me pursuant to the terms and restrictions of the above Stipulated Protective Order that 5 has been entered by the Court; that I have been given a copy of, and have read and understand, 6 such Stipulated Protective Order; that I agree to be bound by the terms thereof; and that I 7 irrevocably submit to the personal jurisdiction of the Court in connection with any proceeding to 8 enforce the Stipulated Protective Order that may involve me. 9 ACKNOWLEDGED AND AGREED: Name: _________________________________ 10 11 12 13 Address: _________________________________ Employer: _________________________________ Title: _________________________________ Dated: _________________________________ 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Page 10 of 10
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