Romero v. Costco Wholesale Corporation, No. 2:2015cv02382 - Document 14 (D. Nev. 2016)

Court Description: ORDER Granting 13 Confidentiality Agreement and Stipulated Protective Order. Signed by Magistrate Judge Cam Ferenbach on 02/08/2016. (Copies have been distributed pursuant to the NEF - NEV)
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Romero v. Costco Wholesale Corporation 1 2 3 4 5 6 Doc. 14 KYM SAMUEL CUSHING, ESQ. Nevada Bar No. 4242 TYSON E. HAFEN, ESQ. Nevada Bar No. 13139 WILSON, ELSER, MOSKOWITZ, EDELMAN & DICKER LLP 300 South Fourth Street, 11th Floor Las Vegas, Nevada 89101 (702) 727-1400; FAX (702) 727-1401 Kym.Cushing@wilsonelser.com Tyson.hafen@wilsonelser.com Attorneys for Defendant Costco Wholesale Corporation 7 UNITED STATES DISTRICT COURT 8 DISTRICT OF NEVADA 9 10 Plaintiff, 11 14 COSTCO WHOLESALE CORPORATION; DOE CLEANING COMPANY; DOES 1-20 and ROE BUSINESS ENTITIES 1-20, inclusive, Defendants. 15 16 CONFIDENTIALITY AGREEMENT AND STIPULATED PROTECTIVE ORDER 17 18 19 20 21 22 23 24 25 26 27 28 CONFIDENTIALITY AGREEMENT AND STIPULATED PROTECTIVE ORDER vs. 12 13 CASE NO: 2:15-cv-02382-MMD-VCF RAQUEL C. ROMERO, The parties agree, through their respective counsel as their authorized representatives, to the terms and conditions of this Confidentiality Agreement and Stipulated Protective Order (“Confidentiality Agreement”) governing the disclosure, handling and disposition of documents and information in this litigation as set forth herein. 1. Need and Application. 1.1 At the heart of this litigation is an alleged slip which occurred on or about October 7, 2014, at the Costco Warehouse located at 6555 North Decatur Boulevard in Las Vegas, Nevada. Plaintiff RAQUEL ROMERO’s (“Plaintiff”) claims in this litigation, and the discovery to take place between the parties, will likely require the production of confidential business, personnel, and proprietary information of Defendant COSTCO WHOLESALE CORPORATION (“Defendant”). Prior to production, no party can effectively and fully evaluate the claims of the other as to the need for protection. Thus, this Confidentiality Agreement enables the production of documents, 906596v.1 Page 1 of 14 Dockets.Justia.com 1 at least to the point of evaluating the claims of need for protection, and specifying how such 2 documents need to be treated when produced. 3 Confidentiality Agreement, any document designated as confidential where that designation is 4 disputed can be identified as such and the matter then submitted to the Court for resolution. Moreover, pursuant to the terms of this 5 In essence, without a Confidentiality Agreement, the Court may have to evaluate 6 innumerable documents individually, and this task would likely burden the Court and delay the 7 discovery process. 8 confidential and proprietary information is likely to prejudice the legitimate business, competitive, 9 and/or privacy interests of the parties or of third parties. A Confidentiality Agreement is thus 10 required in this action to enable the documents to be evaluated and to protect against unauthorized 11 disclosure of confidential and proprietary information and to ensure that such information will be 12 used only for purposes of this action. A Confidentiality Agreement will also expedite the flow of 13 discovery materials, protect the integrity of truly confidential and proprietary information, promote 14 the prompt resolution of disputes over confidentiality, and facilitate the preservation of material 15 worthy of protection. 16 1.2 Regarding documents that are entitled to protection, disclosure of such This Confidentiality Agreement shall govern any document, information or other 17 material that is designated as containing “Confidential Information” or “Attorney’s Eyes Only 18 Information” as defined herein, and is produced in connection with this litigation by any person or 19 entity (the “Producing Party” or “Disclosing Party”), whether in response to a discovery request, 20 subpoena or otherwise, to any other person or entity (the “Receiving Party”) regardless of whether 21 the person or entity producing or receiving such information is a party to this litigation. 22 2. 23 Definitions. 2.1 Confidential Information. “Confidential Information” shall mean and include, 24 without limitation, any non-public information that concerns or relates to the following areas: 25 confidential proprietary information, trade secrets, security and surveillance policies, practices and 26 procedures, commercial, financial, pricing, budgeting, and/or accounting information, information 27 about existing and potential customers, marketing studies, performance projections, business 28 strategies, decisions and/or negotiations, personnel compensation, evaluations and other employment 906596v.1 Page 2 of 14 1 information, and confidential proprietary information about affiliates, parents, subsidiaries and third- 2 parties with whom the parties to this action have or have had business relationships. “Confidential 3 information” may be contained in the following documents: manuals, contracts, correspondence 4 (electronic or otherwise), blueprints, specifications, drawings, security records, security reports, 5 security shift information and staffing levels, security patrols, security policies and procedures, 6 locations of surveillance and security cameras, documents regarding surveillance and security 7 camera capabilities, production documents, analytical reports, certification-related documents, and 8 other documents relating to Defendant. 9 2.2 Attorney’s Eyes Only Information. “Attorney’s Eyes Only Information” is a subset 10 of Confidential Information that includes any document or testimony that contains highly sensitive 11 proprietary, security, surveillance, private, financial or trade secret information where the Disclosing 12 Party reasonably believes that disclosure of such information to other parties in the litigation would 13 cause severe competitive damage. 14 2.3 Documents. As used herein, the term “documents” includes all writings, records, 15 files, drawings, graphs, charts, photographs, e-mails, video tapes, audio tapes, compact discs, 16 electronic messages, other data compilations from which information can be obtained and other 17 tangible things subject to production under the Federal Rules of Civil Procedure. 18 3. 19 Initial Designation. 3.1 Good Faith Claims. Claims of confidentiality will be made only with respect to 20 documents, other tangible things and information that the asserting party has a good faith belief are 21 within the definition set forth in subparagraph 2.1 of this Confidentiality Agreement. Objections to 22 such claims made pursuant to paragraph 5, below, shall also be made only in good faith. 23 3.2 Produced Documents. A party producing documents that it believes constitute or 24 contain Confidential Information shall produce copies bearing a label that contains or includes 25 language substantially identical to the following: 26 CONFIDENTIAL 27 This label shall be affixed in a manner that does not obliterate or obscure the contents of the 28 copies. If any person or party makes copies of documents designated as containing Confidential 906596v.1 Page 3 of 14 1 Information, the copying person or party shall mark each such copy as containing Confidential 2 Information in the same form as the Confidentiality notice on the original document. 3 A party producing documents that are stored on electronic, magnetic, optical or other non- 4 paper media, such as compact discs, DVD’s, video tapes and audio tapes (collectively, “data storage 5 devices”) shall designate the data storage device as containing Confidential Information, by affixing 6 a label or stamp to the data storage device in the manner described above at the time copies of such 7 data storage devices are produced. If the Receiving Party or other persons or entities to whom 8 disclosure is authorized pursuant to subparagraph 7.1 make a copy of any data storage device 9 designated by the producing party as containing Confidential Information, the Receiving Party or 10 other authorized person shall mark each such copy as containing Confidential Information in the 11 same form as the confidentiality notice on the original data storage device produced. If the Receiving 12 Party or other authorized person prints out or otherwise makes copies of the documents or 13 information stored on such data storage device, the Receiving Party or other authorized person shall 14 mark each page so copied with the label or stamp specified in subparagraph 3.2. 15 A party producing documents that it believes constitute or contain Attorney’s Eyes Only 16 Information shall follow the procedures set forth above with respect to Confidential Information, 17 except that the copies shall be produced bearing a label that contains or includes language 18 substantially identical to the following: 19 20 ATTORNEY’S EYES ONLY 3.3 Interrogatory Answers. If a party answering an interrogatory or other discovery 21 demand believes that its answer contains Confidential Information or Attorney’s Eyes Only 22 Information, it shall set forth that answer in a separate document that is produced and designated in 23 the same manner as a produced document under subparagraph 3.2. Such answers should make 24 reference to the separately-produced document containing the answer, but such document should not 25 be attached to the response. 26 3.4 Inspection of Documents. In the event a party elects to produce files and records for 27 inspection and the Requesting Party elects to inspect them, no designation of Confidential 28 Information or Attorney’s Eyes Only Information needs to be made in advance of the inspection. 906596v.1 Page 4 of 14 1 For purposes of such inspection, all material produced shall be considered as Confidential 2 Information. If the inspecting party selects specified documents to be copied, the producing party 3 shall designate Confidential Information or Attorney’s Eyes Only Information in accordance with 4 subparagraph 3.2 at the time the copies are produced. 5 3.5 Deposition Transcripts. Within twenty-one (21) days after the receipt of a 6 deposition transcript, a party may inform the other parties to the action of the portions of the 7 transcript that it wishes to designate as Confidential Information or Attorney’s Eyes Only 8 Information. Until such time has elapsed, deposition transcripts in their entirety are to be considered 9 as Confidential Information. All parties in possession of a copy of a designated deposition transcript 10 shall mark it appropriately. 11 3.6 Multipage Documents. A party may designate all pages of an integrated, multipage 12 document, including a deposition transcript and interrogatory answers, as Confidential Information 13 or Attorney’s Eyes Only Information by placing the label specified in subparagraph 3.2 on the first 14 page of the document or on each page of the document. If a party wishes to designate only certain 15 portions of an integrated, multipage document as Confidential Information or Attorney’s Eyes Only 16 Information, it should designate such portions immediately below the label on the first page of the 17 document and place the label specified in subparagraph 3.2 on each page of the document containing 18 Confidential Information or Attorney’s Eyes Only Information. 19 4. 20 Designations by Another Party. 4.1 Notification of Designation. If a party other than the producing party believes that a 21 producing party has produced a document that contains or constitutes Confidential Information or 22 Attorney’s Eyes Only Information of the non-producing party, the non-producing party may 23 designate the document as Confidential Information or Attorney’s Eyes Only Information by so 24 notifying all parties in writing within one hundred twenty (120) days of service of the document. 25 4.2 Return of Documents; Nondisclosure. Whenever a party other than the producing 26 party designates a document produced by a producing party as Confidential Information or 27 Attorney’s Eyes Only Information in accordance with subparagraph 4.1, each party receiving the 28 document shall either add the Confidential Information or Attorney’s Eyes Only Information 906596v.1 Page 5 of 14 1 designation in accordance with subparagraph 3.2 or substitute a copy of the document bearing such 2 designation for each copy of the document produced by the producing party. Each party shall destroy 3 all undesignated copies of the document or return those copies to the producing party, at the 4 direction of the producing party. No party shall disclose a produced document to any person, other 5 than the persons authorized to receive Confidential Information or Attorney’s Eyes Only Information 6 under subparagraph 7.1, until after the expiration of the one hundred twenty (120) day designation 7 period specified in subparagraph 4.1. If during the one hundred twenty (120) day designation period 8 a party discloses a produced document to a person authorized to receive Confidential Information or 9 Attorney’s Eyes Only Information under subparagraph 7.1, and that document is subsequently 10 designated as Confidential Information or Attorney’s Eyes Only Information in accordance with 11 subparagraph 4.1, the Disclosing Party shall cause all copies of the document to be destroyed or 12 returned to the producing party, at the direction of the producing party. The party may thereafter 13 disclose a copy of the document that has been marked as Confidential Information or Attorney’s 14 Eyes Only Information by the designating party (i.e. Producing Party), in accordance with 15 subparagraphs 3.2 and 7.1. 16 5. 17 Information or Attorney’s Eyes Only Information, including objections to portions of designations of 18 multipage documents, shall notify the designating party and all other parties of the objection in 19 writing. If a document is first produced less than sixty (60) days before the then-pending trial date, 20 such notification shall occur within half of the time remaining before trial. This notice must 21 specifically identify each document that the objecting party in good faith believes should not be 22 designated as Confidential Information or Attorney’s Eyes Only Information and provide a brief 23 statement of the grounds for such belief. In accordance with the Federal Rules of Civil Procedure 24 governing discovery disputes, the objecting and the designating parties thereafter shall confer within 25 ten (10) days after the date of such objection in an attempt to resolve their differences. If the parties 26 are unable to resolve their differences, the objecting party shall have twenty-one (21) days after the 27 conference concludes to file with the Court a motion to remove the Confidential Information or 28 Attorney’s Eyes Only Information designation. If an objection is served within forty-two (42) days Objections to Designations. Any party objecting to a designation of Confidential 906596v.1 Page 6 of 14 1 of trial, the objecting party must file its motion to remove the Confidential Information designation 2 within half of the remaining time before trial, and the meet-and-confer period shall be shortened 3 accordingly. Where a party authored, created, owns, or controls a document, information or other 4 material that another party designates as Confidential Information or Attorney’s Eyes Only 5 Information, the party that authored, created, owns, or controls the Confidential Information or 6 Attorney’s Eyes Only Information may so inform the objecting party and thereafter shall also be 7 considered a designating party for purposes of this paragraph. 8 All documents, information and other materials initially designated as Confidential 9 Information or Attorney’s Eyes Only Information shall be treated as such in accordance with this 10 Confidentiality Agreement unless and until the Court rules otherwise, except for deposition 11 transcripts and exhibits initially considered as containing Confidential Information under 12 subparagraph 3.5, which will lose their confidential status after twenty-one (21) days unless so 13 designated as Confidential Information or Attorney’s Eyes Only Information. If the Court rules that 14 a designation should not be maintained as to a particular document, the producing party shall, upon 15 written request by a party, provide that party a copy of that document without the designation 16 described in subparagraph 3.2. 17 If an objecting party elects not to make such a motion with respect to documents, information 18 or other materials to which an objection has been made, the objection shall be deemed withdrawn. If 19 such a motion is made, the party asserting that the document or information is confidential has the 20 burden of showing that it is entitled to protection. 21 6. 22 copies, extracts and summaries thereof, including memoranda relating thereto, shall be retained by 23 the Receiving Party in the custody of counsel of record, or by persons to whom disclosure is 24 authorized under subparagraph 7.1. 25 7. 26 27 Custody. All Confidential Information or Attorney’s Eyes Only Information and any and all Handling Prior to Trial. 7.1 Authorized Disclosures. Confidential Information shall be disclosed by the Receiving Party only to the following persons: 28 906596v.1 Page 7 of 14 1 2 3 4 a. Counsel for the parties in this litigation, including their associates, clerks, paralegals, and secretarial personnel; b. Qualified persons taking testimony in this litigation involving such Confidential Information, and necessary stenographic, videotape and clerical personnel; 5 c. Experts and their staff who are consulted by counsel for a party in this litigation; 6 d. Parties to this litigation, limited to the named party and, if that party is a corporate 7 8 9 10 11 12 entity, a limited number of employees of the corporate entity and its insurers; e. Designated in-house counsel and a limited number of assistants, administrative or otherwise; f. Outside vendors employed by counsel for copying, scanning and general handling of documents; g. Any person of whom testimony is taken regarding the Confidential Information, 13 except that such person may only be shown Confidential Information during his/her testimony, and 14 may not retain a copy of such Confidential Information; and 15 16 17 18 h. The Court hearing this litigation and the Court’s staff, subject to the Court’s processes for filing materials under seal. Such disclosures are authorized only to the extent necessary to investigate, prosecute, or defend the litigation. 19 Confidential Information may not be disclosed to persons under subparagraph (c) until the 20 Receiving Party has obtained a written acknowledgment from the person receiving Confidential 21 Information, in the form of the Declaration attached hereto as Exhibit “A,” that he or she has 22 received a copy of this Confidentiality Agreement and has agreed to be bound by it. A party who 23 discloses Confidential Information in accordance with subparagraph 7.1 shall retain the written 24 acknowledgment from each person receiving Confidential Information, shall maintain a list of all 25 persons to whom a Receiving Party has disclosed Confidential Information and identify what 26 documents have been disclosed, and shall furnish the written acknowledgements and disclosure list 27 to the Court for in camera review upon its request or order. Furnishing the written 28 acknowledgements and disclosure list to the Court shall not constitute a waiver of the attorney work 906596v.1 Page 8 of 14 1 product or attorney-client privilege. Disclosure of Confidential Information to the Court supervising 2 this litigation, including judicial staff, shall be made in accordance with subparagraph 7.4 of this 3 Confidentiality Agreement. 4 The disclosure of Attorney’s Eyes Only Information is limited in the same ways as set forth 5 above for Confidential Information except that, in addition, Attorney’s Eyes Only Information may 6 not be disclosed to persons described above in subparagraphs (d) and (e) without prior written 7 consent by the designating party nor to persons within the categories described above in 8 subparagraphs (c) and (g) without prior notice to the designating party under circumstances allowing 9 the designating party to obtain adequate protection with respect to the Attorney’s Eyes Only 10 11 Information either by agreement or by application to the Court. 7.2 Disclosure to Competitors. Confidential Information and Attorney Eyes Only 12 Information may not be disclosed to competitors of a designating party. However, if at any time 13 such disclosure is necessary to advance the interest of a party, then before disclosing Confidential 14 Information or Attorney’s Eyes Only Information to any authorized person who is a competitor (or 15 an employee of a competitor) of the designating party, the party wishing to make such disclosure 16 shall give at least fourteen (14) days notice in writing to the designating party, stating the names and 17 addresses of the person(s) to whom the disclosure will be made, and identifying with particularity 18 the documents to be disclosed. If, within the fourteen (14) day period, a motion is filed objecting to 19 the proposed disclosure, disclosure is not authorized unless and until the Court orders otherwise. For 20 purposes of this Confidentiality Agreement, “competitor” is defined as any person or entity that 21 designs, manufactures, assembles or supplies products to or for the market(s) served by the 22 designating party (“competitive products”) or components of competitive products. 23 7.3 Unauthorized Disclosures. All persons receiving Confidential Information or 24 Attorney’s Eyes Only Information under the terms of this Confidentiality Agreement agree to the 25 jurisdiction of the state and federal courts located in Nevada for all matters arising from the improper 26 disclosure or use of such information. If Confidential Information or Attorney’s Eyes Only 27 Information is disclosed to any person other than in the manner authorized by this Confidentiality 28 Agreement, the party or person responsible for the disclosure, and any other party or person who is 906596v.1 Page 9 of 14 1 subject to this Confidentiality Agreement and learns of such disclosure, shall immediately bring such 2 disclosure to the attention of the designating party. Without prejudice to other rights and remedies of 3 the designating party, the responsible party or person shall make every effort to obtain and return the 4 Confidential Information or Attorney’s Eyes Only Information and to prevent further disclosure on 5 its own part or on the part of the person who was the unauthorized recipient of such information. 6 7.4 Court Filings. In the event any Confidential Information or Attorney’s Eyes Only 7 Information must be filed with the Court prior to trial, the proposed filing shall comply with the 8 Federal Rules of Civil Procedure. In accordance with these rules, the proposed filing shall be 9 accompanied by a motion to file the Confidential Information under seal and a proposed order, and 10 the application and proposed order shall be directed to the judge to whom the Confidential 11 Information is directed. This provision is applicable to briefs, memoranda, and other filings which 12 quote, summarize, or describe Confidential Information. 13 8. 14 Only Information produced by another party shall exercise reasonable and appropriate care with 15 regard to the storage, custody, copying, and use of such information to ensure that the confidential 16 and sensitive nature of same is maintained. 17 9. 18 that is subject to this Order may be marked and used as trial exhibits by either party, subject to terms 19 and conditions as imposed by the Court upon application by any party. 20 10. 21 as a waiver of the right to object, under applicable law, to the furnishing of information in response 22 to discovery requests or to object to a requested inspection of documents or facilities. Parties 23 producing Confidential Information and Attorney’s Eyes Only Information in this litigation are 24 doing so only pursuant to the terms of this Confidentiality Agreement. Neither the agreement to, or 25 the taking of any action in accordance with the provisions of this Confidentiality Agreement, nor the 26 failure to object thereto, shall be interpreted as a waiver of any claim or position or defense in this 27 action, or any other actions. Care in Storage. Any person in possession of Confidential Information or Attorney’s Eyes Handling During Trial. Confidential Information and Attorney’s Eyes Only Information No Implied Waivers. Execution of this Confidentiality Agreement shall not be interpreted 28 906596v.1 Page 10 of 14 1 11. No Admission. Neither this Confidentiality Agreement nor the designation of any item as 2 Confidential Information or Attorney’s Eyes Only Information shall be construed as an admission 3 that such material, or any testimony concerning such material, would be admissible in evidence in 4 this litigation or in any other proceeding. 5 12. 6 concerning inadvertent disclosure of a document that the Disclosing Party believes contains 7 attorney-client communications, attorney work product, or otherwise privileged information. If a 8 party inadvertently discloses documents or information subject to a claim of privilege or work 9 product protection, such disclosure will not waive otherwise applicable claims of privilege or work 10 product protection under applicable law. Upon discovery by the Receiving Party, or receipt of 11 written notice from the Disclosing Party identifying privileged or Protected Documents that were 12 inadvertently produced, the Receiving Party shall within seven (7) business days either: (a) return or 13 certify the destruction of all such documents, all copies, and any work product or portions of any 14 work product containing or reflecting the contents of the subject materials; or (b) after attempting to 15 resolve any dispute with opposing counsel informally, file a motion to challenge the assertion of 16 privilege and tender the subject documents for in camera review with the motion. The moving party 17 shall do nothing to compromise the privilege claim until the Court rules on said motion and the 18 opportunity for appellate review is exhausted or the issue is otherwise resolved. 19 13. 20 parties in their use of their own documents and information, and nothing in this Confidentiality 21 Agreement shall preclude any party from voluntarily disclosing its own documents or information to 22 any party or nonparty. 23 14. 24 Confidential Information and/or Attorney’s Eyes Only Information from a party to this action or 25 moves to compel a party to this action to produce any such information, such party shall 26 immediately notify the parties who originally produced and/or designated such information that a 27 subpoena has been served or a motion has been made in order to allow the parties who originally 28 produced and/or designated such information the opportunity to seek a protective order or oppose the Inadvertent Disclosure. Nothing in this Confidentiality Agreement abridges applicable law Parties’ Own Documents. This Confidentiality Agreement shall in no way restrict the Motion to Compel Production of Confidential Information. If any third party subpoenas 906596v.1 Page 11 of 14 1 motion or application. If, within thirty (30) days after receiving notice of a subpoena seeking 2 Confidential Information and/or Attorney’s Eyes Only Information from a Receiving Party, the party 3 who originally produced and/or designated such information fails to move for a protective order, the 4 party subject to the subpoena may produce said information. In addition, if a party is ordered to 5 produce Confidential Information or Attorney’s Eyes Only Information covered by this 6 Confidentiality Agreement, then notice and, if available, a copy of the order compelling disclosure 7 shall immediately be given the parties who originally produced and/or designated such information. 8 Nothing in this Confidentiality Agreement shall be construed as requiring the party who is ordered to 9 produce such Confidential Information or Attorney’s Eyes Only Information to challenge or appeal 10 any order requiring the production of such information or to subject himself/herself to any penalty 11 for non-compliance with any legal process or seek any relief from the Court. 12 15. 13 diminish any pre-existing contractual, statutory, or other legal obligations or rights of any party with 14 respect to Confidential Information. 15 16. 16 Confidentiality Agreement, or seeks a protective order that incorporates the terms and conditions of 17 this Confidentiality Agreement said party shall make such request by written stipulation or noticed 18 motion to all parties that must be served and filed in accordance with local court rules. 19 17. 20 disclosure was made agree to return all Confidential Information and Attorney’s Eyes Only 21 Information to the Producing Party within ninety (90) days of the conclusion of litigation between 22 the parties, including final appellate action or the expiration of time to appeal or seek further review. 23 In addition, counsel shall certify in writing that all such Confidential Information and Attorney’s 24 Eyes Only Information have been returned. Counsel for each party also shall contact each person to 25 whom that party has provided a copy of any Confidential Information or Attorney’s Eyes Only 26 Information and request the documents be returned. In lieu of returning Confidential Information and 27 Attorney’s Eyes Only Information, the person or party in possession of such information may elect 28 to destroy it. No Effect on Other Rights. This Confidentiality Agreement shall in no way abrogate or Modification. In the event any party hereto seeks a Court order to modify the terms of this Handling upon Conclusion of Litigation. All parties, counsel, and persons to whom 906596v.1 Page 12 of 14 1 18. Motion for Protective Order. Nothing in this Confidentiality Agreement shall preclude any 2 party to this Agreement from filing a Motion for Protective Order as deemed necessary to protect 3 Confidential Information. 4 19. 5 this Agreement would cause substantial harm to the operations, business and goodwill of the 6 Producing Party. 7 20. 8 Agreement, the Producing Party(ies) may obtain preliminary and permanent court injunctions to stop 9 the breach, and may also initiate an action to recover from the breaching party an amount equal to 10 the damages caused by the breach and the loss of revenues derived from the breach, together with all 11 costs and expenses, including the attorney's fees, incurred by Producing Party(ies) in taking such 12 actions. 13 21. 14 laws of the United States and the State of Nevada and all parties consent to the non-exclusive 15 jurisdiction of the state courts and U.S. federal courts located in Nevada for any dispute concerning 16 the breach of this Confidentiality Agreement. 17 22. 18 this litigation, the confidentiality obligations imposed by this Confidentiality Agreement shall 19 remain in effect until a Producing Party otherwise in writing or a court order otherwise directs. 20 … Effect of Breach. The parties to this Confidentiality Agreement recognize that a breach of Remedies. The parties acknowledge that they have been informed that if they breach this Governing Law. This Agreement shall be governed and construed in accordance with the Survival of the Terms of this Confidentiality Agreement. Even after the termination of 21 22 23 24 25 26 27 28 906596v.1 Page 13 of 14 1 23. Final Agreement. This Agreement terminates and supersedes all prior understandings or 2 agreements on the subject matter hereof. This Agreement may be modified only by a further writing 3 that is duly executed by all parties. 4 AGREED TO: 5 6 WILSON, ELSER, MOSKOWITZ, EDELMAN & DICKER LLP RICHARD HARRIS LAW FIRM 7 /s/ Tyson Hafen /s/ Garnet Beal 8 KYM SAMUEL CUSHING Nevada Bar No. 4242 TYSON E. HAFEN Nevada Bar No. 11082 300 South Fourth Street, 11th Floor Las Vegas, Nevada 89101 (702) 727-1400 Attorneys for Defendant GARNET E. BEAL Nevada Bar No. 12693 801 S 4th Street Las Vegas, NV 89101 702.444.4444 Attorney for Plaintiff 9 10 11 12 13 CASE NO: 2:15-cv-02382-MMD-VCF 14 15 16 17 ORDER UPON STIPULATION OF THE PARTIES and for good cause shown, IT IS HEREBY ORDERED that the parties shall comply with the terms of the Confidentiality Agreement and Stipulated Protective Order. 18 19 20 IT IS SO ORDERED. DATED: _____________________, 2016. 21 22 _________________________________________ U.S. MAGISTRATE JUDGE 23 24 25 26 27 28 906596v.1 Page 14 of 14 EXHIBIT A EXHIBIT A 1 2 3 4 5 6 KYM SAMUEL CUSHING, ESQ. Nevada Bar No. 4242 TYSON E. HAFEN, ESQ. Nevada Bar No. 13139 WILSON, ELSER, MOSKOWITZ, EDELMAN & DICKER LLP 300 South Fourth Street, 11th Floor Las Vegas, Nevada 89101 (702) 727-1400; FAX (702) 727-1401 Kym.Cushing@wilsonelser.com Tyson.hafen@wilsonelser.com Attorneys for Defendant Costco Wholesale Corporation 7 UNITED STATES DISTRICT COURT 8 DISTRICT OF NEVADA 9 10 Plaintiff, 11 14 CONFIDENTIALITY AGREEMENT DECLARATION vs. 12 13 CASE NO: 2:15-cv-02382-MMD-VCF RAQUEL C. ROMERO, COSTCO WHOLESALE CORPORATION; DOE CLEANING COMPANY; DOES 1-20 and ROE BUSINESS ENTITIES 1-20, inclusive, Defendants. 15 BEING DULY SWORN, I hereby attest to the following: 16 17 1. It is my understanding that confidential information will be provided to me pursuant to the 18 terms and restrictions of the Confidentiality Agreement and Stipulated Protective Order entered by 19 the Court in the above-captioned action. 20 2. 21 Protective Order and have had its meaning and effect explained to me by the attorneys providing me 22 with such confidential information, and that I hereby agree to be bound by it. 23 3. 24 accordance with the Confidentiality Agreement and Stipulated Protective Order. 25 4. 26 and Stipulated Protective Order then I may be subject to sanctions imposed by the Court for such a 27 failure. I have been given a copy of and have read the Confidentiality Agreement and Stipulated I further agree that I shall not disclose such confidential information to others, except in It is my understanding that if I fail to abide by the terms of the Confidentiality Agreement 28 906635v.1 Page 1 of 2 1 5. 2 Agreement and Stipulated Protective Order. 3 Dated: ________________________________________ 4 I hereby consent to the jurisdiction of the Court for purposes of enforcing the Confidentiality Signature: _____________________________________ 5 Printed Name: __________________________________ 6 7 8 Subscribed and Sworn to Before Me this ____ day of ________________, 201_. 9 10 _________________________________ Notary Public for Said County and State 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 906635v.1 Page 2 of 2