Jones v. Target Corporation, a Minnesota corporation, No. 2:2013cv01079 - Document 16 (D. Nev. 2013)

Court Description: PROTECTIVE ORDER Granting 15 Stipulated Protective Order. Signed by Magistrate Judge Nancy J. Koppe on 11/07/2013. (Copies have been distributed pursuant to the NEF - AC)
Download PDF
Jones v. Target Corporation, a Minnesota corporation Doc. 16 Case 2:13-cv-01079-APG-NJK Document 15 Filed 11/06/13 Page 1 of 5 1 LAW OFFICES OF ROBERT P. SPRETNAK Robert P. Spretnak, Esq. (Bar No. 5135) 8275 S. Eastern Avenue, Suite 200 Las Vegas, Nevada 89123 Telephone: (702) 454-4900 Fax: (702) 938-1055 Email: bob@spretnak.com Attorney for Plaintiff 2 3 4 5 OGLETREE, DEAKINS, NASH, SMOAK & STEWART, P.C. Anthony L. Martin, Esq. (Bar No. 8177) Christopher M. Pastore, Esq. (Bar No. 11436) 3800 Howard Hughes Parkway, Suite 1500 Las Vegas, Nevada 89169 Telephone: (702) 369-6800 Fax: (702) 369-6888 Email: anthony.martin@ogletreedeakins.com; christopher.pastore@ogletreedeakins.com Attorney for Defendant 6 7 8 9 10 11 UNITED STATES DISTRICT COURT 12 DISTRICT OF NEVADA ) JOSEPH N. JONES, Case No.: 2:13-cv-01079-APG-NJK ) ) Plaintiff, ) ) vs. ) STIPULATED PROTECTIVE ) TARGET CORPORATION, a Minnesota ORDER REGARDING ) corporation, CONFIDENTIALITY OF ) DOCUMENTS PRODUCED ) Defendant. ) 13 14 15 16 17 18 19 Pursuant to Rule 26(c) of the Federal Rules of Civil Procedure, on joint motion of the parties 20 and for good cause shown, the parties hereby stipulate and agree that a Protective Order should be 21 entered in this matter as set forth below. 22 23 Anthony L. Martin and Christopher M. Pastore alleging: (1) employment discrimination disability 25 in violation of the Americans with Disabilities Act (“ADA”) and Nevada law (Counts I and II); (2) 26 employment retaliation in violation of the ADA and Nevada law (Counts III - VI); (3) interference 27 with his rights under the Family and Medical Leave Act (“FMLA”) (Count VII); and (4) wrongful 28 LAW above-captioned court against Defendant Target Corporation (“Defendant”), represented by counsel 24 T HE Plaintiff Joseph Jones (“Plaintiff”), represented by Robert Spretnak, has filed an action in the interference with prospective economic advantage (Count VIII). OFFICES OF R O BE R T P. SP RETN A K A PR O FE SSIO N A L C O R P O R A T IO N 8275 S. EA ST E R N AV E N U E SU IT E 200 LA S VE G A S , NE V A D A 89123 Page 1 of 5 Dockets.Justia.com Case 2:13-cv-01079-APG-NJK Document 15 Filed 11/06/13 Page 2 of 5 1 During discovery in this matter, Plaintiff is expected to request confidential, non-public 2 information and documents from Defendant, including but not limited to, personnel files, payroll 3 records, and other information and documents regarding certain Defendant’s employees who are 4 parties to this action as well as other policy and internal documents from Defendant that confidential, 5 proprietary and/or contain trade-secret information. Defendant considers this information and these 6 documents to be private and confidential. 7 Defendant is expected to seek and has requested documents and information regarding the 8 Plaintiff’s compensation, employment and personal financial information as well as detailed medical 9 information regarding Plaintiff. Plaintiff considers this information to be private and confidential. 10 Discovery in this case will require the production of documents, inspection of tangible things, 11 the answering of interrogatories and requests to admit, and the taking of oral and/or written 12 depositions, during which the aforementioned confidential and/or private information and documents 13 of the parties will be exchanged and disclosed. To expedite the flow of discovery without risk of 14 automatic waiver of privilege or work product protection, facilitate the prompt resolution of disputes 15 over confidentiality, protect adequately material entitled to be kept confidential, the parties agree to 16 limit the disclosure and use of confidential and private information and documents as stipulated to 17 pursuant to this Protective Order on the following terms: 18 Therefore, it is hereby ORDERED by the Court that the following shall apply to information, 19 documents and excerpts from documents supplied by the parties to each other as initial disclosures, 20 in response to discovery requests, or via any other method of production, formal or informal: 21 1. Counsel for any party may designate any document or information contained in a 22 document as confidential if counsel determines, in good faith, that such designation is necessary to 23 protect the interests of the client. Information and documents designated by a party as confidential 24 will be labeled “CONFIDENTIAL – PRODUCED PURSUANT TO PROTECTIVE ORDER.” 25 “Confidential” information or documents may be referenced collectively as “confidential 26 information.” 27 2. 28 T HE LAW OFFICES Any medical records produced pursuant to the an “Authorization for Use or Disclosure of Protected Health Information,” or similar release signed for the production of medical OF R O BE R T P. SP RETN A K A PR O FE SSIO N A L C O R P O R A T IO N 8275 S. EA ST E R N AV E N U E SU IT E 200 LA S VE G A S , NE V A D A 89123 Page 2 of 5 Case 2:13-cv-01079-APG-NJK Document 15 Filed 11/06/13 Page 3 of 5 1 records, are designated “confidential” for purposes of this Stipulation even without the labeling set 2 forth in Paragraph 1. 3 3. Unless ordered by the Court, or otherwise provided for herein, the party receiving 4 information designated hereunder as “confidential,” that is produced in this matter, may use such 5 information only for all purposes in the course of this litigation, the matter of Joseph N. Jones v. 6 Target Corporation, a Minnesota corporation, 2:13-cv-01079-APG-NJK. 7 4. In the event a party challenges another party’s confidential designation, counsel shall 8 make a good faith effort to resolve the dispute in accordance with LR 26-7 and in the absence of a 9 resolution, the challenging party may thereafter seek resolution by the Court. Nothing in this 10 Stipulated Protective Order operates to create an admission by any party that confidential 11 information disclosed in this case is relevant or admissible. Each party specifically reserves the right 12 to object to the use or admissibility of all confidential information disclosed, in accordance with 13 applicable law and Court rules. 14 5. 15 Information or documents designated as “confidential” pursuant to paragraph 1, supra, shall not be disclosed to any person, except: 16 a. The requesting party and counsel of record; 17 b. Employees of such counsel assigned to and necessary to assist in the litigation; 18 c. Consultants or experts to the extent deemed necessary by counsel; and 19 d. Any person from whom testimony is taken or is to be taken in these actions, 20 except that such a person may only be shown that confidential information during and in preparation 21 for his/her testimony, and only as needed for purposes of that third party’s testimony, and that such 22 person shall not retain the confidential information. 23 6. Prior to disclosing or displaying the confidential information to any person, counsel 24 25 purpose other than this litigation and has restricted the disclosure of that information or documents 27 to any other person; and (3) obtain a signed acknowledgment from that person, specifically stating 28 LAW the person that this Order has restricted the use of the information or documents by him/her for any 26 T HE shall (1) inform the person of the confidential nature of the information or documents; (2) inform that the person has been informed of (i) the confidential nature of said information or documents and OFFICES OF R O BE R T P. SP RETN A K A PR O FE SSIO N A L C O R P O R A T IO N 8275 S. EA ST E R N AV E N U E SU IT E 200 LA S VE G A S , NE V A D A 89123 Page 3 of 5 Case 2:13-cv-01079-APG-NJK Document 15 Filed 11/06/13 Page 4 of 5 1 (ii) the restrictions on the use and disclosure of said information or documents set forth in this Order. 2 Such signed acknowledgment shall be in the form of Exhibit A, attached hereto. 3 7. The confidential information may be displayed to and discussed with the persons 4 identified in Paragraphs 5(c) and (d) only on the condition that, prior to any such display or 5 discussion, each such person shall be asked to sign an agreement to be bound by this Order in the 6 form attached hereto as Exhibit A. In the event such person refuses to sign an agreement in the form 7 attached as Exhibit A, the party desiring to disclose the confidential information may seek 8 appropriate relief from the Court . 9 8. Information or documents designated as “confidential” pursuant to paragraph 2 may 10 be used for any purpose in connection with this litigation, including use as exhibits for motions filed 11 with the Court or as trial exhibits. Otherwise, information or documents designated as “confidential” 12 pursuant to paragraph 2 are subject to the same restrictions and limitations as provided in paragraph 13 5, supra. 14 9. For the purpose of Paragraphs 5(d) and 8, supra, any documents which become part 15 of an official judicial proceeding or which are filed with the Court are public documents, and such 16 documents will be sealed by the Court only upon motion. This Protective Order does not provide 17 for the automatic sealing of such documents. 18 10. At the conclusion of litigation, the confidential information and any copies thereof 19 shall be promptly (and in no event later than forty-five (45) days after entry of final judgment) 20 returned to the producing party or certified as destroyed. 21 11. The above is entirely without prejudice to the right of any party to apply to the Court 22 23 production of documents or information; or for modification of this Order; or to seek any other relief 25 from the Court. The parties and their counsel acknowledge that it is their responsibility to timely 26 move for further protection of any documents and information, if needed. The withholding party 27 should move for any such order prior to the due date for any responses, when practicable. The 28 LAW to the production of documents or information; or to apply to the Court for an order compelling 24 T HE for any further protective order relating to confidential information; or to object to any subpoena or responding party will not be required to produce responsive documents and information until after OFFICES OF R O BE R T P. SP RETN A K A PR O FE SSIO N A L C O R P O R A T IO N 8275 S. EA ST E R N AV E N U E SU IT E 200 LA S VE G A S , NE V A D A 89123 Page 4 of 5 Case 2:13-cv-01079-APG-NJK Document 15 Filed 11/06/13 Page 5 of 5 1 the Court has ruled on any motion for protective order. Once the Court rules on the motion, the 2 parties will be required to comply with the decision immediately. 3 4 DATED: November 6, 2013. DATED: November 6, 2013. 5 LAW OFFICES OF ROBERT P. SPRETNAK 6 7 By: /s/ Robert P. Spretnak Robert P. Spretnak, Esq. (Bar No. 5135) OGLETREE, DEAKINS, NASH, SMOAK & STEWART, P.C. 8 Attorney for Plaintiff 9 8275 S. Eastern Avenue, Suite 200 Las Vegas, Nevada 89123 By: /s/ Christopher M. Pastore Anthony L. Martin, Esq. (Bar No. 8177) Christopher M. Pastore, Esq. (Bar No. 11436) Attorneys for Defendant 10 3800 Howard Hughes Parkway, Suite 1500 Las Vegas, Nevada 89169 11 12 13 14 IT IS SO ORDERED. 15 DATED: November 7, 2013 16 _______________________________________________ UNITED STATES MAGISTRATE JUDGE 17 18 19 20 21 22 23 24 25 26 27 28 T HE LAW OFFICES OF R O BE R T P. SP RETN A K A PR O FE SSIO N A L C O R P O R A T IO N 8275 S. EA ST E R N AV E N U E SU IT E 200 LA S VE G A S , NE V A D A 89123 Page 5 of 5 Case 2:13-cv-01079-APG-NJK Document 15-1 Filed 11/06/13 Page 1 of 2 1 LAW OFFICES OF ROBERT P. SPRETNAK Robert P. Spretnak, Esq. (Bar No. 5135) 8275 S. Eastern Avenue, Suite 200 Las Vegas, Nevada 89123 Telephone: (702) 454-4900 Fax: (702) 938-1055 Email: bob@spretnak.com Attorney for Plaintiff 2 3 4 5 OGLETREE, DEAKINS, NASH, SMOAK & STEWART, P.C. Anthony L. Martin, Esq. (Bar No. 8177) Christopher M. Pastore, Esq. (Bar No. 11436) 3800 Howard Hughes Parkway, Suite 1500 Las Vegas, Nevada 89169 Telephone: (702) 369-6800 Fax: (702) 369-6888 Email: anthony.martin@ogletreedeakins.com; christopher.pastore@ogletreedeakins.com Attorney for Defendant 6 7 8 9 10 11 UNITED STATES DISTRICT COURT 12 DISTRICT OF NEVADA ) JOSEPH N. JONES, Case No.: 2:13-cv-01079-APG-NJK ) ) Plaintiff, ) ) vs. ) ) TARGET CORPORATION, a Minnesota CONFIDENTIALITY AGREEMENT ) corporation, ) ) Defendant. ) 13 14 15 16 17 18 19 1. I, ________________________________, hereby acknowledge that I am about to 20 receive confidential information supplied by (check one below) 21 G Plaintiff Joseph N. Jones; or 22 G Defendant Target Corporation, a Minnesota corporation. 23 2. I have read the “Stipulated Protective Order Regarding Confidentiality of Documents 24 Produced” entered in the matter of Joseph N. Jones v. Target Corporation, a Minnesota corporation, 25 Case No. 2:13-cv-01079-APG-NJK. I am executing this “Confidentiality Agreement” governing 26 the restricted use of the confidential and protected information in this litigation, which has been 27 provided to me. I agreed to be bound by the terms of this “Confidentiality Agreement.” 28 T HE LAW OFFICES OF R O BE R T P. SP RETN A K A PR O FE SSIO N A L EXHIBIT A C O R P O R A T IO N 8275 S. EA ST E R N AV E N U E SU IT E 200 LA S VE G A S , NE V A D A 89123 Page 1 of 2 Case 2:13-cv-01079-APG-NJK Document 15-1 Filed 11/06/13 Page 2 of 2 1 3. I will not use any of the confidential and protected documents and information for 2 any purpose other than the litigation at issue in this case. I further affirm that I will not reveal any 3 confidential information to, nor discuss it with, any other person except in accordance with the terms 4 of the “Stipulated Protective Order Regarding Confidentiality of Documents Produced” entered in 5 this matter. 6 4. At the conclusion of this litigation, I will return any confidential or protected 7 information provided to me in this matter to the attorney or law firm from whom it was received. 8 This shall include all confidential and protected documents, we well as any copies of the documents, 9 testimony, summaries, notes, extracts or abstracts containing any confidential and protected 10 information. If said documentation has been destroyed, I shall certify to that effect upon request. 11 5. I submit to the jurisdiction of the Court identified in this Agreement for the limited 12 purpose of enforcing the “Stipulated Protective Order Regarding Confidentiality of Documents 13 Produced” entered in this matter. 14 15 Signature: ___________________________________ 16 Printed name: _________________________________ 17 18 SUBSCRIBED and SWORN to before me on this ____ day of _____________, 201__. 19 _________________________________ NOTARY PUBLIC 20 21 22 23 24 25 26 27 28 T HE LAW OFFICES OF R O BE R T P. SP RETN A K A PR O FE SSIO N A L EXHIBIT A C O R P O R A T IO N 8275 S. EA ST E R N AV E N U E SU IT E 200 LA S VE G A S , NE V A D A 89123 Page 2 of 2