Underwood v. O-Reilly Auto Parts, Inc. et al, No. 2:2021cv01766 - Document 141 (D. Nev. 2022)
Court Description: ORDER Granting 140 Stipulated Protective Order Confidentiality and Protective Order. Signed by Magistrate Judge Nancy J. Koppe on 6/21/2022. (Copies have been distributed pursuant to the NEF - JQC)
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Underwood v. O-Reilly Auto Parts, Inc. et al Doc. 141 Case 2:21-cv-01766-GMN-NJK Document 141 Filed 06/21/22 Page 1 of 20 1 5 KAEMPFER CROWELL Ryan M. Lower, No. 9108 Joseph E. Dagher, No. 15204 1980 Festival Plaza Drive, Suite 650 Las Vegas, Nevada 89135 Telephone: (702) 792-7000 Facsimile: (702) 796-7181 Email: rlower@kcnvlaw.com Email: jdagher@kcnvlaw.com 6 Attorneys for Amrep, Inc. 2 3 4 7 UNITED STATES DISTRICT COURT 8 DISTRICT OF NEVADA TYLER UNDERWOOD, an individual, Case No. 2:21-cv-01766-GMN-NJK 9 Plaintiffs, 10 vs. 11 12 13 14 15 16 17 18 19 20 O’REILLY AUTO PARTS, INC.; ILLINOIS TOOL WORKS, INC., Individually and as Successor in Interest to Pennzoil Quaker State Company d/b/a Gumout; THE BLASTER CORPORATION; CRC INDUSTRIES, INC.; SAFETY-KLEEN SYSTEMS, INC.; HIGHLAND STORES, INC. d/b/a Bi-Rite; 7-ELEVEN, INC.; RICHARD A. HALEY; AUTOZONE STORES, LLC f/k/a Autozone Stores, Inc.; AMREP, INC.; ADVANCE STORES COMPANY, INCORPORATED, Individually and as Successor in Interest to and d/b/a CarQuest Auto Parts; ASHLAND, LLC, Individually and as Successor in Interest to and d/b/a Valvoline; SUNNYSIDE CORPORATION, W.M. BARR & COMPANY, INC.; TECHNICAL CHEMICAL COMPANY, CONFIDENTIALITY AND PROTECTIVE ORDER 21 Defendants. 22 23 CONFIDENTIALITY AND PROTECTIVE ORDER 24 Page 1 of 20 Dockets.Justia.com Case 2:21-cv-01766-GMN-NJK Document 141 Filed 06/21/22 Page 2 of 20 1 IT IS HEREBY ORDERED, by and between Plaintiff Tyler 2 Underwood (hereinafter “Plaintiff”) and Defendants ADVANCE STORES 3 COMPANY, INCORPORATED (“Advance”) s/h/a “Advance Stores Company, 4 Incorporated, Individually and as Successor In Interest To and d/b/a Carquest Auto 5 Parts”, AMREP, INC. (“Amrep”), CALUMET BRANDED PRODUCTS, 6 RICHARD A. HALEY (“Richard Haley”), 7-ELEVEN, INC. (“7-Eleven”), CRC 7 INDUSTRIES, INC. “CRC”), ASHLAND, LLC, sued incorrectly as Successor in 8 Interest to and d/b/a Valvoline (“Ashland”), B’LASTER CORPORATION 9 (“B’Laster”), ILLINOIS TOOL WORKS INC. (“Illinois Tool”), RM MARKETS, 10 INC., sued incorrectly as Bi-Rite Markets, Inc. (“RM Markets”), AUTOZONE, INC. 11 (“AutoZone”), O’REILLY AUTO ENTERPRISES, LLC (“O’Reilly”), SAFETY- 12 KLEEN SYSTEMS, INC. (“Safety-Kleen”), and W.M. BARR & COMPANY, INC. 13 (“W.M. Barr”) (hereinafter “Producing Party” or “Producing Parties”), that the 14 Producing Parties possess certain trade secrets and sensitive commercial, technical, 15 manufacturing, research, development, financial, marketing, and/or other 16 confidential and/or other confidential and proprietary business, technical, and trade 17 secret information which Plaintiff has requested in discovery, the disclosure of 18 which may be required during the course of this litigation. The Producing Parties, 19 however, wish to limit the disclosure of and prevent any use of such confidential and 20 proprietary information for any purposes other than the prosecution and defense of 21 this litigation. Therefore, counsel for the parties are ordered to the following terms 22 of this Confidentiality and Protective Order, and respectfully request that the Court 23 enter this Order. 24 Page 2 of 20 Case 2:21-cv-01766-GMN-NJK Document 141 Filed 06/21/22 Page 3 of 20 1 The Court, having considered these issues as well as the pleadings, is 2 of the opinion that this Confidentiality and Protective Order is well founded and 3 should be entered. 4 IT IS THEREFORE ORDERED AS FOLLOWS: 5 1. “Confidential Information,” for purposes of this Order, is 6 defined to be nonpublic information that the Producing Party treats as sensitive 7 and proprietary information which concerns or relates to the technical, business, 8 or related information of the Producing Party, including but not limited to trade 9 secrets, ingredients, formulas, and processes, the disclosure of which is likely to 10 harm, or have the tendency to harm, the competitive position of the Producing 11 Party, or the disclosure of which would violate an obligation of confidentiality 12 owed to a third person, including another Court. No item shall be deemed 13 Confidential Information if it: (1) is disclosed in a printed publication available 14 to the public or trade by reason of dissemination by one having the unrestricted 15 right to do so, (2) is generally known throughout the trade and public, or (3) is or 16 comes to be known to the receiving party through means not constituting a breach 17 of any proprietary or confidential relationship or obligation or breach of this 18 Order. Further, Confidential Information shall not be construed to cover items 19 lawfully obtained by a party independent of this litigation. For the purposes of 20 this litigation, documents produced by the Producing Party and marked 21 “CONFIDENTIAL” or “CONFIDENTIAL, SUBJECT TO COURT ORDER,” 22 pursuant to Paragraph 3 below, are deemed to contain Confidential Information. 23 The Producing Party may designate other documents as confidential, when and 24 if such additional documents are produced. Page 3 of 20 Case 2:21-cv-01766-GMN-NJK Document 141 Filed 06/21/22 Page 4 of 20 1 2. The restrictions upon and obligations accruing to persons who 2 become subject to this Order shall not apply to any information produced in 3 accordance with Paragraph 3 below as to which the Court rules, after proper notice 4 of hearing, that such information is not Confidential Information as defined in 5 Paragraph 1 above. 6 3. Any written information produced at any time in connection 7 with this litigation, either voluntarily or pursuant to a Court order, that is asserted by 8 the Producing Party to contain or constitute Confidential Information shall be so 9 designated by the Producing Party as follows: 10 a. The Producing Party, prior to or coincident with, 11 providing copies of documents and things requested by 12 Plaintiff, shall designate the copies as containing Confidential 13 Information by clearly marking on their face the legend 14 “CONFIDENTIAL” or “CONFIDENTIAL, SUBJECT TO 15 COURT ORDER.” 16 b. 17 information 18 “CONFIDENTIAL, SUBJECT TO COURT ORDER,” and the 19 information may be served and filed in a separate document if 20 desired; 21 c. 22 deposition, trial, or other testimony, any portion of such 23 transcript 24 designated If contained in a response to an Interrogatory, the shall be designated “CONFIDENTIAL” or If the Confidential Information is contained in containing as confidential containing information Confidential may be Information in Page 4 of 20 Case 2:21-cv-01766-GMN-NJK Document 141 Filed 06/21/22 Page 5 of 20 1 accordance with this Order by so notifying all other parties on 2 the record, at the time the testimony is taken, or by notifying the 3 other parties in writing, within thirty-days (30) days after 4 receipt of the transcript, of the specific pages and lines of the 5 transcript containing Confidential Information; 6 d. 7 documents or other materials for Plaintiff’s review in response 8 to Plaintiff’s discovery requests prior to the Producing Party’s 9 formal document production, Plaintiff will treat all such 10 documents as containing Confidential Information and subject 11 to the terms of this Order, regardless of whether the documents 12 have been marked “CONFIDENTIAL” or “CONFIDENTIAL, 13 SUBJECT TO COURT ORDER” at the time of Plaintiff’s 14 review. Should Plaintiff requests copies of any documents or 15 other materials tendered for their review, the Producing Party 16 shall designate those copies containing Confidential Information 17 by clearly marking on their face the legend “CONFIDENTIAL” 18 or “CONFIDENTIAL, SUBJECT TO COURT ORDER.” 19 e. 20 Confidential Information pursuant to this Order shall not 21 constitute a waiver of any otherwise valid claim for protection, 22 so long as the designation is asserted after the discovery of the 23 inadvertent failure. At such time, arrangements shall be made 24 to allow the Producing Party to appropriately label the In the event the Producing Party provides access to its Inadvertent failure to designate any information as Page 5 of 20 Case 2:21-cv-01766-GMN-NJK Document 141 Filed 06/21/22 Page 6 of 20 1 information in accordance with this Order. The recipient shall 2 have no liability, under this Order or otherwise, for any 3 disclosure of information contained in unlabeled documents or 4 things occurring before the recipient was placed on notice of the 5 Producing Party’s designation. 6 f. 7 designated 8 SUBJECT TO COURT ORDER” shall alter, modify or change 9 in any way the document itself or any information contained 10 therein, or any portion thereof, including, but not limited to, 11 adding any additional marking or designation on the document. 12 Further, no party shall delete, remove, alter, modify, or change 13 in any way the original confidential designation, Bates stamp, 14 or other identifying mark or designation on the document as 15 produced by the Producing Party. 16 4. No party who receives any document or information “CONFIDENTIAL” or “CONFIDENTIAL, Any party desiring to submit Confidential Information to the See order issued concurrently with any motion or other proceeding within the purview of this herewith Confidential Information for any purpose in this case, including 19 the introduction of said information into evidence at the trial of this action or at any 20 hearing relating to this action before any judicial officer, subject to the Federal 21 Rules of Civil Procedure and/or Evidence and orders of the Court, shall submit the 22 material under seal and file a motion for an order sealing the documents consistent 23 with the Ninth Circuit opinions of Kamakana v. City and County of Honolulu, 447 24 F.3d 1172, 1178-79 (9th Cir. 2006) and Pintos v. Pacific Creditors Association, 605 Page 6 of 20 Case 2:21-cv-01766-GMN-NJK Document 141 Filed 06/21/22 Page 7 of 20 1 F.3d 665, 678 (9th Cir. 2010) and consistent with Local Rule 10-5. The parties shall 2 separately negotiate the use of confidential material at trial and at any hearing, and 3 to the extent an agreement cannot be reached, the Court shall intervene. 5. 4 In the absence of written permission from the Producing Party 5 or further order by the Court, any Confidential Information produced or tendered 6 in accordance with the provisions of Paragraph 3 above shall not be disclosed 7 directly or indirectly to any person other than: (i) outside counsel for parties to this 8 litigation, including necessary paralegal, secretarial, and clerical personnel 9 assisting said counsel; (ii) in-house counsel for any party to this litigation who have 10 a need to use the information in connection with this lawsuit, limited to those 11 counsel responsible for managing litigation and who have responsibility for 12 providing day to day legal counsel to the business, including necessary paralegal, 13 secretarial, and clerical personnel assisting said counsel; (iii) legal and claims 14 representatives of any insurance carriers of any parties who have a need to use the 15 information in connection with this lawsuit, including necessary paralegal, 16 secretarial, and clerical personnel assisting said representative; (iv) qualified 17 persons recording testimony involving the documents or information, including 18 necessary stenographic and clerical personnel thereof; (v) subject to the provisions 19 of Paragraph 6 below, experts and consultants (and their staff) who are specially 20 employed for purposes of this litigation by the non-producing party and who are 21 not employees of, or regular business consultants to, said party or its affiliates; (vi) 22 the jury and Court, including necessary secretarial and clerical personnel assisting 23 the Court. 24 6. Confidential Information produced in accordance with the Page 7 of 20 Case 2:21-cv-01766-GMN-NJK Document 141 Filed 06/21/22 Page 8 of 20 1 provisions of Paragraph 3 above shall not be made available to any person 2 designated in Paragraph 5 (ii), (iii) or (v) above unless he or she has first read this 3 Order and has agreed, by executing an Undertaking in the form attached as 4 Appendix 1 to this Order, to all of the following terms and conditions; (i) to be 5 bound by the terms of this Order and the terms of the Undertaking; (ii) not to reveal 6 the Confidential Information to anyone other than persons designated in Paragraph 7 5; and (iii) to utilize the Confidential Information solely for purposes of this 8 litigation. Therefore, counsel intending to disclose Confidential Information to any 9 person designated in Paragraph 5 (ii), (iii) or (v) above shall first provide the person 10 with a copy of this Order and shall inform the person that he or she is bound by its 11 terms before disclosing any Confidential Information to any such person. Within 12 thirty (30) days after the final resolution of the case through whatever means, 13 including any related appeals, counsel disclosing Confidential Information to any 14 person designated in Paragraph 5 (ii), (iii) or (v) above shall provide to the 15 respective Producing Party copies of each Undertaking attached as Appendix 1 to 16 this Order, executed by all persons designated in Paragraph 5 (ii), (iii) or (v) above 17 to whom Confidential Information has been disclosed. 18 7. Confidential Information may be disclosed to any witness 19 during a deposition if the examining counsel in good faith believes it is necessary 20 to develop its claims or defenses. This Order applies to all deposition witnesses. 21 Therefore, counsel disclosing the Confidential Information during any deposition 22 shall first provide the witness with a copy of this Order and shall inform the witness 23 that he or she is bound by its terms before attempting to elicit any testimony from 24 the witness regarding the Confidential Information. Page 8 of 20 Case 2:21-cv-01766-GMN-NJK Document 141 Filed 06/21/22 Page 9 of 20 1 8. All Confidential Information produced in accordance with the 2 provisions of Paragraph 3 above shall be utilized solely for purposes of this 3 litigation. Confidential Information shall not be used, shown, disseminated, copied 4 or in any way communicated to anyone for any purpose whatsoever, except as 5 provided by this Order. Use for purposes of this litigation shall include use in 6 testimony and exhibits at trial, or in connection with any motions, depositions, or 7 witness preparation, subject to the restrictions of this Order, but shall not include 8 use in connection with any other lawsuit, dispute or proceeding in addition to any 9 research, development, manufacture, sales, or marketing of any product or for any 10 11 business or commercial purpose. 9. If any party to this Order who is entitled to receive any 12 Confidential Information produced in accordance with Paragraph 3 disagrees with 13 respect to its designation as Confidential Information, whether in whole or in any 14 part, then said party shall notify the Producing Party in writing of its objection, and 15 the parties shall thereupon confer as to the status of the subject information 16 proffered within the context of this Order. If the recipient and the Producing Party 17 are unable to agree as to the status of the subject information, the party may by 18 motion raise the issues of the designation of the information’s status to the Court, 19 who shall consider the issue. The designating party shall have twenty-one (21) days 20 after receipt of any written notification described above to file an appropriate 21 motion to raise the issues of the designation of the information’s status to the Court. 22 Should a motion be filed regarding the confidential status of the contested 23 information, it shall be designating party’s burden to establish the confidential 24 nature of the information. The contested information shall remain confidential Page 9 of 20 Case 2:21-cv-01766-GMN-NJK Document 141 Filed 06/21/22 Page 10 of 20 1 unless and until the Court rules to the contrary. If a motion is not filed by the 2 Producing Party within 21 days of receiving the written notice described in this 3 paragraph, then the Confidential Information designation shall be deemed removed 4 and the material will not longer be considered Confidential Information subject to 5 the protections of this Order unless and until otherwise ordered by the Court. 6 Acceptance by any party of any information designated as Confidential 7 Information shall not constitute a concession that said information is indeed 8 confidential. 9 10. The parties may by stipulation provide for exceptions to this 10 Order and any party may seek an order of this Court modifying this Order upon 11 good cause shown. 12 11. A copy of this Order shall be presented to the Court Reporter 13 by the party disclosing Confidential Information upon the taking of any deposition 14 in this action at or prior to the time when any question is propounded regarding 15 Confidential Information. Portions of the original deposition transcript designated 16 as Confidential and including the Court Reporter’s notes therefore shall be placed 17 by the Court Reporter in a sealed envelope marked with the title of the Court and 18 the style of this case and the following statement: “RESTRICTED- THIS 19 ENVELOPE 20 INFORMATION. IT MAY NOT BE OPENED, AND THE CONTENTS MAY 21 NOT BE DISPLAYED OR REVEALED (EXCEPT TO ATTORNEYS OF 22 RECORD FOR A PARTY), EXCEPT BY ORDER OF THE COURT OR 23 CONSENT OF ALL THE PARTIES.” The Court Reporter shall return the 24 envelope to the attorney taking the deposition, and copies shall be provided to all [OR CONTAINER] CONTAINS CONFIDENTIAL Page 10 of 20 Case 2:21-cv-01766-GMN-NJK Document 141 Filed 06/21/22 Page 11 of 20 1 counsel. Designated portions of copies of the deposition transcript shall be treated 2 as Confidential Information as provided by this Order. If deposition testimony 3 requires the disclosure of Confidential Information, that portion of the deposition 4 will be closed to all persons except the deponent, the Court Reporter, and the 5 persons designated in, and pursuant to the conditions of, Paragraph 5 of this Order, 6 until otherwise decided by the Court. 7 8 9 12. At any time, a Producing Party may disclose its own Confidential Information to third parties without restriction by this Order. 13. If counsel, a party, or any recipient receives a subpoena or other 10 process or order seeking the production of Confidential Information, the attorney, 11 party, or recipient shall promptly notify the Producing Party’s attorney of record, 12 furnish said attorney with a copy of the subpoena or other process or order, and 13 cooperate with the Producing Party’s efforts to address the issue and protect the 14 confidentiality. The Producing Party has the burden of defending against any 15 subpoenas or other process or order to the extent that the subpoena, process, or 16 order seeks production or disclosure of its Confidential Information. The attorney, 17 party, or recipient receiving the subpoena shall not produce the requested 18 Confidential Information for a period of twenty (20) days unless ordered to do so 19 by a Court of competent jurisdiction. If within that twenty (20) day period the 20 Producing Party moves for an order modifying or quashing the subpoena or other 21 process or order, or providing protection from it, the Confidential Information shall 22 not be produced or disclosed unless and until ordered by the Court. If the Producing 23 Party fails to move for protection within the twenty (20) day period, the attorney, 24 party, or recipient shall be entitled to comply with the subpoena or other process or Page 11 of 20 Case 2:21-cv-01766-GMN-NJK Document 141 Filed 06/21/22 Page 12 of 20 1 order unless the action taken by the Producing Party relieves the attorney, party, or 2 recipient from compliance with the subpoena or other process or order under the 3 Federal Rules of Civil Procedure. 4 14. The taking or failure to take any action to enforce the provisions 5 of this Order, or the failure to object to any act or omission by any party, shall not 6 waive any claim or defense in this lawsuit, including any claim or defense that 7 information is or is not proprietary, secret, or confidential. The procedures set forth 8 in this Order shall not affect the rights of the parties to object to discovery, nor shall 9 they relieve a party of the duty to properly respond to discovery requests. The entry 10 of this Order shall not have the effect of making documents or information relevant 11 or discoverable when said documents or information are not otherwise relevant or 12 discoverable in the absence of this Order. 13 15. Absent a signed, written stipulation of the parties, or an order 14 of the Court, the existence of this Order, the fact of any designation under this 15 Order, and the rulings of the Court regarding any designation under this Order, 16 shall not be admissible during the trial of this action. 17 16. This Confidentiality and Protective Order shall not apply to the 18 disclosure of Confidential Information at the trial of this matter. The closure of trial 19 proceedings and sealing of the record of a trial involve considerations not presently 20 before the Court, These issues may be determined by subsequent agreement of the 21 parties or by order of this Court. 22 17. If a party intends to disclose any Confidential Information 23 subject to this Confidentiality and Protective Order during the trial of this case, that 24 party shall give written notice of such intent to counsel for the party claiming Page 12 of 20 Case 2:21-cv-01766-GMN-NJK Document 141 Filed 06/21/22 Page 13 of 20 1 confidentiality and shall identify such Confidential Information to be so disclosed 2 at least forty-five (45) days before the date this case is set for trial, so that the party 3 claiming confidentiality might take any steps it deems necessary to protect the 4 confidential nature of any Confidential Information that may be disclosed at trial. 18. 5 The parties shall work to establish procedures to assure 6 continued confidentiality of any Confidential Information to be offered at trial in 7 this litigation. 19. 8 This Order shall survive the final disposition and termination of 9 this action with respect to any Confidential Information. Within thirty (30) days 10 after the final resolution of the case through whatever means, including any related 11 appeals, the receiving party shall promptly: 12 (1) 13 Information and all documents incorporating Confidential Information, and all 14 copies made thereof, including all documents or copies of documents provided by 15 the party to any other person, other than attorney work product; 16 (2) 17 digital/electronic records, computer tapes, computer disks, DVDs, CDs, or other 18 media containing or incorporating Confidential Information; 19 (3) 20 including all documents or copies of documents provided by the party to any other 21 person, other than attorney work product that has been stored on any portable media 22 (DVD, CD, USB flash drive, etc.); 23 (4) 24 counsel for the Producing Party on the manner of destruction or obtain the Producing destroy or return to counsel for the Producing Party all Confidential in the case of electronically-stored information, destroy or return all destroy or return all Confidential Information and all copies made thereof, if counsel elects to destroy Confidential Information, they shall consult with Page 13 of 20 Case 2:21-cv-01766-GMN-NJK Document 141 Filed 06/21/22 Page 14 of 20 1 Party’s consent to the method and means of destruction. Counsel must then provide 2 written certification to the Producing Party of deletion of Confidential Information 3 and all copies made thereof, including all documents or copies of documents 4 provided by the party to any other person from all systems, applications, hard drives, 5 servers, web-based or other storage repositories of any type; 6 (5) 7 Confidential Information, and that any inadvertent violation of this assurance and 8 steps taken to remedy it will be promptly reported to the other party; and 9 (6) provide assurance that no steps will be taken at any time in the future to restore Outside counsel, however, shall not be required to return or destroy any 10 pretrial or trial records as are regularly maintained by that counsel in the ordinary 11 course of business; which records will continue to be maintained as Confidential 12 Documents in conformity with this Order. 13 The deletion required under subpart four (4) of this paragraph shall not require 14 deletion from backup tapes. 15 DATED this 17th day of June, 2022. KAEMPFER CROWELL 16 Ryan M. Lower, No. 9108 Joseph E. Dagher, No. 15204 1980 Festival Plaza Drive, Suite 650 Las Vegas, Nevada 89135 17 18 19 IT IS SO ORDERED. Dated: June 21, 2022 . . _____________________________ Nancy J. Koppe United States Magistrate Judge 23 BABST, CALLAND, CLEMENTS, AND ZOMNIR P.C. Kathy K. Condo, PA No. 34910, to be admitted Pro Hac Vice Joshua S. Snyder PA No. 315845, Pro Hac Vice Two Gateway Center, 6th Floor Pittsburgh, PA 15222 24 Attorneys for Defendant Amrep, Inc. 20 21 22 Page 14 of 20 Case 2:21-cv-01766-GMN-NJK Document 141 Filed 06/21/22 Page 15 of 20 1 Dated this 10th day of June, 2022 Dated this 10th day of June, 2022 2 CLIFF W. MARCEK, P.C. 3 GORDON REES SCULLY MANSUKHANI LLP By: /s/ Andrew J. DuPont CLIFF W. MARCEK, ESQ. Nevada Bar No. 5061 411 E. Bonneville Ave., Suite 390 Las Vegas, Nevada 89101 4 5 6 LOCKS LAW FIRM 7 ANDREW J. DuPont, ESQ. Admitted pro hac vice 601 Walnut Street, Suite 720 East Philadelphia, PA 19106 8 9 10 By: /s/ Theodore C. Yarborough DYLAN E. HOUSTON, ESQ. Nevada Bar No. 13697 THEODORE C. YARBROUGH, ESQ. Admitted pro hac vice 300 South 4th Street, Suite 1550 Las Vegas, Nevada 89101 Attorneys for Defendant, Advance Stores Company, Incorporated Attorneys for Plaintiff, Tyler Underwood 11 12 13 14 15 16 17 18 19 DATED this 10th day of June, 2022 DATED this 6th day of June, 2022 SELMAN BREITMAN LLP GORDON REES SCULLY MANSUKHANI LLP By: /s/ Eric O Freeman ERIC O. FREEMAN, ESQ. Nevada Bar No. 6648 3993 Howard Hughes Pkwy., Ste. 200 Las Vegas, Nevada 89169-0961 Attorneys for Defendants, Illinois Tool Works Inc., CRC Industries, Inc.,and Ashland, LLC By: /s/ James E. Cavanaugh ROBERT E. SCHUMACHER, ESQ. Nevada Bar No. 7504 JAMES E. CAVANAUGH, ESQ. Nevada Bar No. 6929 300 South 4th Street, Suite 1550 Las Vegas, Nevada 89101 Attorneys for Defendant, The B’Laster Corporation 20 21 22 23 24 Page 15 of 20 Case 2:21-cv-01766-GMN-NJK Document 141 Filed 06/21/22 Page 16 of 20 1 2 3 4 5 6 DATED this 6th day of June, 2022 DATED this 14th day of June, 2022 RESNICK & LOUIS, P.C. ALVERSON TAYLOR & SANDERS By: /s/ Adam P. McMillen ADAM P. MCMILLEN, ESQ. Nevada Bar No. 10678 8925 W. Russell Road, Suite 220 Las Vegas, Nevada 89148 By: /s/ Nicholas Psyk KURT R. BONDS, ESQ. Nevada Bar No. 6228 Nicholas Pysk, ESQ. Nevada Bar No. 15983 8925 W. Russell Road, Suite 220 Las Vegas, Nevada 89148 6605 Grand Montecito Pkwy., Ste 200 Las Vegas, NV 89149 Attorneys for Defendant, RM Markets, Inc. 7 8 Attorneys for Defendant, O’Reilly Auto Enterprises, LLC 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 DATED this 6th day of June, 2022 DATED this 6th day of June, 2022 BOWMAN AND BROOKE, LLP ALVERSON TAYLOR & SANDERS By: /s/ Justin D. Niznik MARIO D. VALENCIA, ESQ. Nevada Bar No. 6154 40 S. Stephanie St., Ste 201 Henderson, NV 89012 By: /s/ Jonathan B. Owens JONATHAN B. OWENS, ESQ. Nevada Bar No. 7118 6605 Grand Montecito Pkwy., Ste. 200 Las Vegas, NV 89149 BOWMAN AND BROOKE, LLP JUSTIN D. NIZNIK, Esq. Admitted Pro Hac Vice Florida Bar No. 0774901 1064 Greenwood Blvd., Ste 212 Lake Mary, FL 32746 Attorneys for Defendant Autozone, Inc. Attorneys for W.M. Barr DATED this 5th day of June, 2022 DATED this 6th day of June, 2022 LEWIS BRISBOIS BISGAARD & SMITH, LLP EVANS FEARS & SCHUTTERT LLP By: /s/ Steven B. Abbott STEVEN B. ABBOTT, ESQ. Nevada Bar No. 10303 STEVEN FOREMASTER, ESQ. By: /s/ Jay J. Schuttert JAY J. SCHUTTERT, ESQ. Nevada Bar No. 8656 JUSTIN S. HEPWORTH, ESQ. Nevada Bar No. 10080 ALEXANDRIA L. LAYTON, ESQ. Page 16 of 20 Case 2:21-cv-01766-GMN-NJK Document 141 Filed 06/21/22 Page 17 of 20 1 2 3 4 Nevada Bar No. 10350 6385 S. Rainbow Boulevard, Suite 600 Las Vegas, Nevada 89118 Attorneys for Defendant, SafetyKleen Systems, Inc. Nevada Bar No. 14228 6720 Via Austi Parkway, Suite 300 Las Vegas, Nevada 89119 Attorneys for Defendant Calumet Branded Products, LLC DATED this 6th day of June, 2022 5 BACKUS, CARRANZA & BURDEN 6 By: /s/ Melissa J. Roose MELISSA J. ROOSE, ESQ. Nevada Bar No. 7889 3050 S. Durango Dr. Las Vegas, Nevada 89117 7 8 9 10 Attorneys for Defendants, Richard A. Haley and 7-Eleven, Inc. 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Page 17 of 20 Case 2:21-cv-01766-GMN-NJK Document 141 Filed 06/21/22 Page 18 of 20 1 5 KAEMPFER CROWELL Ryan M. Lower, No. 9108 Joseph E. Dagher, No. 15204 1980 Festival Plaza Drive, Suite 650 Las Vegas, Nevada 89135 Telephone: (702) 792-7000 Facsimile: (702) 796-7181 Email: rlower@kcnvlaw.com Email: jdagher@kcnvlaw.com 6 Attorneys for Amrep, Inc. 2 3 4 7 UNITED STATES DISTRICT COURT 8 DISTRICT OF NEVADA TYLER UNDERWOOD, an individual, Case No. 2:21-cv-01766-GMN-NJK 9 Plaintiffs, 10 vs. 11 12 13 14 15 16 17 18 19 20 O’REILLY AUTO PARTS, INC.; ILLINOIS TOOL WORKS, INC., Individually and as Successor in Interest to Pennzoil Quaker State Company d/b/a Gumout; THE BLASTER CORPORATION; CRC INDUSTRIES, INC.; SAFETY-KLEEN SYSTEMS, INC.; HIGHLAND STORES, INC. d/b/a Bi-Rite; 7-ELEVEN, INC.; RICHARD A. HALEY; AUTOZONE STORES, LLC f/k/a Autozone Stores, Inc.; AMREP, INC.; ADVANCE STORES COMPANY, INCORPORATED, Individually and as Successor in Interest to and d/b/a CarQuest Auto Parts; ASHLAND, LLC, Individually and as Successor in Interest to and d/b/a Valvoline; SUNNYSIDE CORPORATION, W.M. BARR & COMPANY, INC.; TECHNICAL CHEMICAL COMPANY, 21 Defendants. 22 23 CONFIDENTIALITY AND PROTECTIVE ORDER – APPENDIX I 24 Page 18 of 20 Case 2:21-cv-01766-GMN-NJK Document 141 Filed 06/21/22 Page 19 of 20 1 STATE OF 2 COUNTY OF ) ) ) 3 4 I, _____________________________ , hereby affirm, attest, and agree as 5 follows: 6 1. My business address is 7 2. My present employer is 8 3. My present occupation or job description is 9 4. [For all experts and consultants only] Except as retained 10 by________________________ in connection with the above 11 referenced action, I am not currently employed by any party to this 12 lawsuit or engaged as an independent contractor or consultant by or for 13 any party to this lawsuit, either directly or indirectly. 14 5. I hereby acknowledge and agree that any information or material 15 designated as “CONFIDENTIAL” or “CONFIDENTIAL, SUBJECT 16 TO COURT ORDER” that I receive or review in connection with this 17 lawsuit is being provided to me pursuant to the terms and restrictions 18 of the attached Confidentiality and Protective Order (the “Order”). 19 6. I have read and understand the Order and agree to comply with and 20 be bound by each and every term therein. I understand and agree that 21 I am to handle all of the materials that I receive which have been 22 designated as “CONFIDENTIAL” or “CONFIDENTIAL, SUBJECT 23 TO COURT ORDER” in a manner consistent with the Order. I further 24 understand and agree to utilize all of the materials that I receive which Page 19 of 20 Case 2:21-cv-01766-GMN-NJK Document 141 Filed 06/21/22 Page 20 of 20 1 have been designated as “CONFIDENTIAL” or “CONFIDENTIAL, 2 SUBJECT TO COURT ORDER” solely for purposes of this 3 litigation, and that such materials, including any notes relating 4 thereto, shall not be disclosed to or discussed with anyone not 5 permitted under the Order to see same. 6 7. No later than thirty (30) days after final termination of this litigation, 7 including any and all appeals, or resolution through settlement, I agree 8 to return to the counsel of record who provided me with such materials 9 all information and documents designated as “CONFIDENTIAL” or 10 “CONFIDENTIAL, SUBJECT TO COURT ORDER,” including all 11 copies, extracts, and summaries thereof (and including those I 12 prepared), or I will certify in writing that all such materials have been 13 destroyed, Such return or destruction shall not relieve me from any of 14 the continuing obligations imposed upon me by the Order. 15 8. I hereby submit myself to the jurisdiction of Nevada for the limited 16 purpose of assuring my compliance with the Order. I therefore waive any 17 and all objections to jurisdiction and venue in any action brought to 18 enforce the Order against me. 19 20 SIGNATURE 21 22 PRINTED NAME 23 24 Page 20 of 20
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