Caughron v. Walmart Inc., No. 3:2023cv00156 - Document 20 (D. Nev. 2023)
Court Description: PROTECTIVE ORDER granting 19 Stipulated Protective Order. Signed by Magistrate Judge Craig S. Denney on 6/6/2023. (Copies have been distributed pursuant to the NEF - HJ)
Download PDF
<![CDATA[
Case 3:23-cv-00156-ART-CSD Document 20 Filed 06/06/23 Page 1 of 7 Caughron v. Walmart Inc. Doc. 2 1 Tabetha A. Martinez, Esq. (NV 14237) Susan E. Gillespie, Esq. (NV15227) 2 BURGER | MEYER LLP 400 South 4th St., Suite 500 3 Las Vegas, NV 89101 Telephone: (949) 427-1888 4 Facsimile: (949) 427-1889 Email: tmartinez@burgermeyer.com sgillespie@burgermeyer.com 5 6 Attorneys for Defendant WALMART INC. 7 8 9 UNITED STATES DISTRICT COURT 10 DISTRICT OF NEVADA BURGER | MEYER LLP 11 12 PAMELA CAUGHRON, an individual, 13 Plaintiff, 14 15 16 17 18 Case No.: 3:23-cv-00156-ART-CSD STIPULATED PROTECTIVE ORDER vs. WALMART INC., a foreign corporation, d/b/a WALMART SUPERCENTER #5864; DOES 1-X; BLACK AND WHITE COMPANIES 1X; and ABC CORPORATIONS 1-X, inclusive., Defendants. 19 20 The parties have stipulated to entry of this Protective Order pursuant to Fed. R. Civ. P. 26(c) 21 and LR IA 6-2. Discovery in this action related to the claims and defenses asserted includes 22 documents and/or information that Defendant Walmart Inc. d/b/a Wal-Mart asserts are confidential 23 and/or proprietary. The unnecessary disclosure or dissemination of such confidential and/or 24 proprietary could cause irreparable harm to the owner or holder of such information. The parties 25 desire to set forth processes to protect the confidentiality of information and documents that a party 26 deems confidential and/or proprietary. Therefore, with good cause appearing, 27 28 Dockets.Justia.com Case 3:23-cv-00156-ART-CSD Document 20 Filed 06/06/23 Page 2 of 7 1 IT IS HEREBY ORDERED THAT: 2 1. Designation of Confidential Documents and Information. The Responding Party shall 3 mark as "confidential" or "produced pursuant to protective order" or in some similar fashion any 4 document for which it claims protection under this order. The documents, things and information 5 contained in them or gleaned from them shall only be used, shown and disclosed only as provided in 6 this order. The term "confidential documents and information" as used in this order shall be construed 7 to include the documents and materials so marked, and their content, substance and the information 8 contained in or gleaned from them. The term shall also be construed to include any summaries, 9 quotes, excerpts and/or paraphrases of the documents, things or information. The designation shall 10 be made in good faith and shall not be made with respect to any document which is in the public BURGER | MEYER LLP 11 domain, such as patents, or any other document which has previously been produced or disseminated 12 without confidentiality protection. 13 2. Access to Confidential Documents and Information by Qualified Persons. This 14 protective order is limited to the context of pre-trial civil discovery. This protective order does not 15 restrict dissemination of information if gained from other public sources outside of pre-trial civil 16 discovery. Accordingly, access to confidential documents and other materials, any parts thereof, any 17 summaries or extracts thereof, as well as matters contained therein which are produced or obtained 18 exclusively through pre-trial discovery shall be limited to the following "qualified persons." The 19 following 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 24 25 and assisting counsel of record; e. The parties of record and their officers, directors, employees, counsel of 26 record and insurers to the extent necessary to assist in preparing for discovery, depositions, 27 resolution, or for trial, or who are otherwise assisting in this litigation; 28 f. Deposition witnesses; -2PROTECTIVE ORDER Case 3:23-cv-00156-ART-CSD Document 20 Filed 06/06/23 Page 3 of 7 1 g. Witnesses called at trial; 2 h. Any mediator who is assigned/chosen to hear this matter, and his/her staff, 3 subject to their agreement to maintain confidentiality to the same degree as required by this 4 stipulation; and 5 i. 6 or 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: i. 10 Who is an employee of a direct business competitor of the party producing the information; or 11 BURGER | MEYER LLP Any expert or consultant (including persons directly employed by such experts ii. 12 Who is employed by a direct business competitor of the party 13 producing the information and who directly participates in design, manufacturing, 14 marketing, or service activities of direct business competitors. 15 j. 16 testimony taken in this litigation; 17 k. Persons shown on the face of a document to have authored or received it; 18 l. Any person whom the parties agree, in advance and in writing, may receive 19 such protected information, provided that the person has signed a written certification 20 in the form set forth as Exhibit "A." 21 Any certified shorthand or court reporters retained to report a deponent's 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 25 jurisdiction of this court for purposes of enforcement of this order. Counsel of record are responsible 26 for ensuring that their employees comply strictly with this order. Violation by an employee of counsel 27 shall be deemed a violation by counsel. 28 -3PROTECTIVE ORDER Case 3:23-cv-00156-ART-CSD Document 20 Filed 06/06/23 Page 4 of 7 1 4. Challenges to Claims of Confidentiality. If a party contends that any documents, 2 information or portions of them which another party or third party has designated as confidential are 3 not entitled to protection, the parties in good faith will confer and attempt to reach an agreement. If 4 the parties cannot reach an agreement, the party seeking to reclassify may seek appropriate relief 5 from the court, with the party seeking to maintain the confidential designation bearing the burden to 6 establish the claim of confidentiality. The documents and information shall remain confidential until 7 their status is changed by stipulation or order of the Court. 8 5. Use of Confidential Documents and Information Generally. Confidential documents, 9 things and information may be used solely in connection with this lawsuit and for no other purpose. 10 No qualified person who gains access to the confidential documents, things and information may BURGER | MEYER LLP 11 disclose them or their contents to any other person without the written stipulation of the producing 12 party or by order of this Court. 13 6. Use of Confidential Documents and Information in this Lawsuit. Confidential 14 documents, things and information may be used at trial, arbitration or at depositions, in accordance 15 with the following safeguards. If confidential documents, things and information are used in 16 depositions, all portions of the transcript of such depositions and exhibits thereto which refer to or 17 relate to such confidential documents, things or information shall themselves be considered as 18 confidential documents. The party introducing during a deposition such confidential documents, 19 thing and information shall ensure that the court reporter binds the confidential portions of the 20 transcript and exhibits separately and labels them "confidential." In addition, each deponent is 21 ordered that he may not divulge any confidential documents, things or information except to qualified 22 persons. Confidential documents, things or information may be offered at the trial and/or arbitration 23 of this matter for consideration by the trier of fact. 24 7. Filing and Sealing. 25 A. To the extent that a pleading or other paper references a document designated for 26 protection under this Order, then the pleading or other paper shall refer the Court to the particular 27 document filed under seal without disclosing the contents of any confidential information. 28 -4PROTECTIVE ORDER Case 3:23-cv-00156-ART-CSD Document 20 Filed 06/06/23 Page 5 of 7 1 B. Before any document designated for protection under this Order is filed under seal 2 with the Clerk, the filing party shall first consult with the party that originally designated the 3 document for protection under this Order to determine whether, with the consent of that party, the 4 exhibit may be filed with the Court not under seal. 5 C. Where agreement is not possible or adequate, a document designated for protection 6 under this Order shall only be filed electronically under seal in accordance with the electronic case 7 filing procedures of this Court, including, without limitation, LR IA 10-5, and the requirements of 8 any relevant case law. Any motion brought pursuant to this provision must be accompanied by a 9 competent certification that the parties were unable to reach an agreement about an unsealed filing. 10 D. Where filing electronically under seal is not possible or adequate, before a document BURGER | MEYER LLP 11 designated for protection under this Order is filed with the Clerk, it shall be placed in a sealed 12 envelope marked CONFIDENTIAL which envelope shall also display the case name, docket 13 number, a designation of what the exhibit is, the name of the party in whose behalf it is submitted, 14 and the name of the attorney who has filed the exhibit on the front of the envelope. A copy of any 15 document filed under seal may also be delivered to the judicial officer’s chambers. All documents 16 filed under seal shall be served upon the non-disclosing party in paper form, notwithstanding whether 17 said documents are electronically filed, in accordance with LRC IC 4-1(c). 18 E. To the extent that it is necessary for a party to discuss the contents of any document 19 designated for protection under this Order in a pleading or other paper filed with this Court, then 20 such portion of the pleading or other paper shall be filed under seal. In such circumstances, counsel 21 shall prepare two versions of the pleading or other paper, a public and a sealed version. The public 22 version shall contain a redaction of references to CONFIDENTIAL documents. The sealed version 23 shall be a full and complete version of the pleading or other paper and shall be filed with the Clerk 24 under seal as set forth above. A copy of the un-redacted pleading or other paper also may be delivered 25 to the judicial officer’s chambers. 26 8. Action by the Court. Applications to the Court for an order relating to any documents 27 designated for protection under this Order shall be by stipulation or motion under Local Rules 7-1 or 28 7-2 and any other procedures set forth in the presiding judge’s standing orders or other relevant -5- ORDER PROTECTIVE Case 3:23-cv-00156-ART-CSD Document 20 Filed 06/06/23 Page 6 of 7 1 orders. Nothing in this Order or any action or agreement of a party under this Order limits the Court’s 2 power to make any orders that may be appropriate with respect to the use and disclosure of any 3 documents produced or used in discovery or at trial. 4 9. Disposal at the Conclusion of this Action. At the conclusion of this action, including 5 any appeal, or upon the settlement and/or dismissal of the litigation, all confidential documents, 6 things and information, and all copies thereof, shall be returned to the counsel for the producing party 7 within forty-five (45) days. Counsel for the parties may preserve work product and privileged 8 documents in their permanent files even though such documents may reflect or contain confidential 9 documents or information. 10 10. Amendments. Nothing in this order will prejudice either party from seeking BURGER | MEYER LLP 11 amendments broadening or restricting the rights of access to and the use of confidential documents 12 or information, or contesting the designation of a confidential document or qualified person. 13 11. Execution. Facsimile copies of signature pages may be used as originals and this 14 Stipulated Protective Order may be executed in counterparts with the same full force and effect. This 15 Stipulation and Protective Order consists of eight (8) pages inclusive of a single one-page exhibit, 16 and is executed on the dates set forth below. IT IS SO ORDERED: 17 ___________________________________ UNITED STATES MAGISTRATE JUDGE 18 19 20 June 6, 2023 DATED: ___________________________ 21 22 DATED: June 6, 2023 DATED: June 6, 2023 23 /s/ Susan E. Gillespie, Esq. Susan E. Gillespie, Esq. Nevada Bar No. 15227 BURGER MEYER 400 S. Fourth Street, Ste. 500 Las Vegas, NV 89101 (949) 427-1888 /s/ Sarah M. Quigley, Esq. Sarah M. Quigley, Esq. Nevada Bar No. 11518 BRADLEY, DRENDEL & JEANNEY P.O. Box 1987 Reno, NV 89505 (775) 335-9999 Attorneys for Defendants Attorneys for Plaintiff 24 25 26 27 28 -6PROTECTIVE ORDER Case 3:23-cv-00156-ART-CSD Document 20 19 Filed 06/06/23 Page 7 of 7 1 ATTACHMENT A 2 NONDISCLOSURE AGREEMENT 3 I, , do solemnly swear that I am fully familiar with the terms of the 4 5 Stipulated Protective Order entered in Pamela Caughron v. Walmart, Inc. et al., United States 6 District Court for the District of Nevada, 3:23-cv-00156-ART-CSD and hereby agree to comply with 7 and be bound by the terms and conditions of that Stipulated Protective Order unless and until 8 modified by further order of this Court. I hereby consent to the jurisdiction of said Court for the 9 10 purposes of enforcing this order. Dated:______________________ Signed:________________________ BURGER | MEYER LLP 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -7PROTECTIVE ORDER
]]>
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You
should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
