Oseguera v. Postmates, LLC et al, No. 2:2022cv00216 - Document 41 (D. Nev. 2023)
Court Description: ORDER Granting 40 Stipulation to Protective Order. Signed by Magistrate Judge Elayna J. Youchah on 1/31/2023. (Copies have been distributed pursuant to the NEF - JQC)
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Oseguera v. Postmates, LLC et al Doc. 41 Case 2:22-cv-00216-JAD-EJY Document 41 Filed 01/31/23 Page 1 of 10 1 Joel D. Odou Nevada Bar No. 7468 2 Susana Santana Nevada Bar No. 13753 3 Dane W. Smith Nevada Bar No. 16002 4 WOOD, SMITH, HENNING & BERMAN LLP 2881 Business Park Court, Suite 200 5 Las Vegas, Nevada 89128-9020 Phone: 702 251 4100 ♦ Fax: 702 251 5405 6 jodou@wshblaw.com ssantana@wshblaw.com 7 dsmith@wshblaw.com Attorneys at Law 2881 BUSINESS PARK COURT, SUITE 200 LAS VEGAS, NEVADA 89128-9020 TELEPHONE 702 251 4100 ♦ FAX 702 251 5405 WOOD, SMITH, HENNING & BERMAN LLP 8 Attorneys for Postmates, LLC, Postmates, Inc. and Timothy Allen Vandyke 9 10 UNITED STATES DISTRICT COURT 11 DISTRICT OF NEVADA, SOUTHERN DIVISION 12 13 JOVANNI OSEGUERA, an individual, Plaintiff, 14 15 Case No. 2:22-cv-00216-JAD-EJY STIPULATED PROTECTIVE ORDER v. Trial Date: None Set 16 POSTMATES, LLC; POSTMATES, INC; TIMOTHY ALLEN VANDYKE; and DOES 17 1 through 10, inclusive, and ROE CORPORATIONS 1 - 10 inclusive, 18 Defendants. 19 20 21 Based upon the parties’ stipulation and due to the belief that the discovery sought in this 22 action may require production of certain confidential, proprietary, trade secret and/or sensitive 23 information and the need to protect the confidentiality of such information, it is ordered as follows: 24 1. This order governs the handling of information defined in paragraph 2 hereof as 25 “Confidential Discovery Material” that is produced in connection with this litigation by the parties 26 in this suit. 27 2. For purposes of this order, confidential information (“Confidential Information”) shall 28 include, without limitation, any documents or data concerning or containing confidential financial 23865424.1:05472-0748 -1- Case No. 2:22-cv-00216-JAD-EJY STIPULATED PROTECTIVE ORDER Dockets.Justia.com Case 2:22-cv-00216-JAD-EJY Document 41 Filed 01/31/23 Page 2 of 10 1 or insurance information, trade secrets, proprietary or any other information that a party to this action 2 deems to be confidential, and any deposition testimony regarding any documents data or information 3 concerning the same, which shall clearly be stamped “CONFIDENTIAL” by a party (“Designating 4 Party”). After the entry of this Protective Order, the burden of marking with the legend 5 “CONFIDENTIAL” shall fall on the Designating Party requesting that the document, or deposition 6 transcript, to be treated as Confidential Discovery Material. Documents so marked are sometimes 7 referred to in this order as “Protected Documents.” The ability to designate materials as confidential 8 under this order is to be used judiciously and reasonably. 9 3. The designation of material as confidential reflects a good faith determination by 11 this protective order. Attorneys at Law 2881 BUSINESS PARK COURT, SUITE 200 LAS VEGAS, NEVADA 89128-9020 TELEPHONE 702 251 4100 ♦ FAX 702 251 5405 WOOD, SMITH, HENNING & BERMAN LLP 10 counsel for the parties that the material falls within the definition of Confidential Information under 12 4. If a Protected Document is used or marked as an exhibit in a deposition, or if deposition 13 testimony discloses Confidential Information, counsel for the deponent or the party with whom the 14 deponent is affiliated, or counsel for any party to this Action shall inform the deposing counsel of 15 the confidentiality of any such testimony or exhibit, either contemporaneously during the deposition 16 or within thirty (30) days after receiving a copy of the deposition transcript. Each transcript so 17 designated shall be treated as a Protected Document, and all such testimony so designated shall be 18 treated as Confidential Information, except as otherwise agreed or ordered. For purposes of this 19 Order, a deponent is “affiliated” with a party if he or she is a past or present officer, direct, 20 shareholder, agent, employee, consultant, or representative of such party. All court reporters used 21 to take depositions in this case will be informed of this Order and will be required to sign an 22 agreement to operate in a manner consistent with this order, which is attached as Exhibit "1." 23 5. The designation of confidential material shall be made by placing or affixing on each 24 page of the material in a manner, which will not interfere with its legibility the word “Confidential,” 25 which word may be accompanied by information specifying the litigation in which the document 26 was produced and indicating that the document is subject to this protective order. The designation 27 of confidential material may be made prior to reproduction of any such material selected on behalf 28 of a party for copying and before distribution of such reproduced material to that party. A party 23865424.1:05472-0748 -2STIPULATED PROTECTIVE ORDER Case No. 2:22-cv-00216-JAD-EJY Case 2:22-cv-00216-JAD-EJY Document 41 Filed 01/31/23 Page 3 of 10 1 shall not be deemed to have waived any right to designate materials as confidential by allowing 2 inspection of such material prior to a designation of such material as confidential or inadvertently 3 failing to mark a document as confidential prior to disclosure of the same. 4 6. Confidential Information shall not be used, shown, disseminated, copied, or in any way 5 communicated, orally or verbally, to anyone for any purpose whatsoever, other than as required for 6 the preparation and trial of this action. Access to Confidential Information shall be limited to those 7 persons designated below, and all persons given access to Confidential Information shall keep all 8 Confidential Information and the material contained therein confidential from all other persons. 9 7. Confidential Information, and the information and contents thereof, may be disclosed Attorneys at Law 2881 BUSINESS PARK COURT, SUITE 200 LAS VEGAS, NEVADA 89128-9020 TELEPHONE 702 251 4100 ♦ FAX 702 251 5405 WOOD, SMITH, HENNING & BERMAN LLP 10 only to the following persons (hereinafter referred to as “Qualified Persons”): 11 a. Plaintiffs; 12 b. Defendants, members of Defendants’ control group as defined by law and Defendants’ in-house counsel; c. Counsel of record for Defendants and direct employees of such counsel who are materially assisting in the preparation or trial of this action; d. Counsel of record for Plaintiffs and direct employees of such counsel who are materially assisting in the preparation or trial of this action; e. Experts and consultants retained by Plaintiffs or Defendants whose assistance is necessary for trial preparation of this specific action, provided that no such disclosure shall be made to any person employed by or consulting for any competitor of any defendant; f. Upon proper application, to the Court and its employees provided that the Confidential Information remain under Seal; g. Court reporters pursuant to paragraph two of this order; h. Any person mutually agreed upon among the parties. 13 14 15 16 17 18 19 20 21 22 23 8. In no event shall any disclosure of Protected Documents or materials be made to 24 competitors of Defendants, or to any other person, corporation or entity who, upon reasonable and 25 good faith inquiry could be determined to be employees of or consultants for a competitor of any 26 defendant, irrespective of whether they are retained as an expert by counsel for Plaintiff. 27 9. Before being given access to any Confidential Information, each Qualified Person shall 28 be provided by counsel with a copy of this protective order and shall sign a non-disclosure agreement 23865424.1:05472-0748 -3STIPULATED PROTECTIVE ORDER Case No. 2:22-cv-00216-JAD-EJY Case 2:22-cv-00216-JAD-EJY Document 41 Filed 01/31/23 Page 4 of 10 1 in the form attached as Exhibit "1" hereto. The non-disclosure agreement will state that the person 2 has read this order and agrees to be bound by its terms. The Recipient shall acknowledge in writing 3 that he/she is not presently a competitor or employed by a competitor of Plaintiffs or Defendants, 4 and will not use any confidential document, transcript or information obtained from any confidential 5 document or transcript to compete with Plaintiffs or Defendants. All non-disclosure agreements will 6 be maintained throughout this action by the attorneys obtaining them. 7 10. The parties recognize that, during the course of this action, there may be produced 8 Confidential Information originating with a non-party to which there exists an obligation of 9 confidentiality. Information originating with a non-party that a Designating Party reasonably and in 11 Information and shall be subject to the restrictions on disclosure specified in this Protective Order. Attorneys at Law 2881 BUSINESS PARK COURT, SUITE 200 LAS VEGAS, NEVADA 89128-9020 TELEPHONE 702 251 4100 ♦ FAX 702 251 5405 WOOD, SMITH, HENNING & BERMAN LLP 10 good faith believes is subject to a confidentiality obligation may be designated as Confidential 12 11. If at any time a party realizes that previously undesignated documents or other material 13 should be designated as Confidential Information, the party may so designate by advising all other 14 parties in writing specifically identifying the information and furnishing the correct designation. 15 The designated documents or material will thereafter be treated as Confidential Information 16 pursuant to this Order. Upon receipt of such designation in writing, the parties and other Qualified 17 Persons shall take reasonable and appropriate action to retrieve any disclosure, dissemination, or 18 use of such information prior to re-designation. 19 12. Any copy of a Protected Document distributed to a Qualified Person shall be returned 20 to counsel for the Designating Party at the completion of the Qualified Person’s consultation or 21 representation in this case. Such Qualified Person shall, upon the request of counsel for the 22 Designating Party or the Court execute an affidavit stating that all such documents and copies of 23 such documents have been returned as required. 24 13. Any party wishing to file any Confidential Information with the Court, including any 25 portion of a court paper that discloses Confidential Information, shall apply to file the documents 26 separately “under seal” or as otherwise directed by the Court under applicable law, local rule or 27 convention. When filing a motion, the filing party will cite to the Court the grounds for filing the 28 Confidential Information under seal. 23865424.1:05472-0748 -4STIPULATED PROTECTIVE ORDER Case No. 2:22-cv-00216-JAD-EJY Case 2:22-cv-00216-JAD-EJY Document 41 Filed 01/31/23 Page 5 of 10 1 14. Except to the extent otherwise permitted by this Order, counsel shall keep all materials 2 or information designated as confidential and subject to this Protective Order within their exclusive 3 possession and control and shall take all necessary and prudent measures to maintain the 4 confidentiality of such materials or information and shall not permit dissemination of such materials 5 to anyone. 6 15. Except to the extent otherwise permitted by this Order, each and every Qualified 7 Person who has access to Confidential Information subject to this Protective Order shall take all due 8 precautions to maintain the confidentiality of all such materials and shall prevent the unauthorized 9 or inadvertent disclosure of the material. Counsel shall provide each Qualified Person a copy of this 11 Attorneys at Law 2881 BUSINESS PARK COURT, SUITE 200 LAS VEGAS, NEVADA 89128-9020 TELEPHONE 702 251 4100 ♦ FAX 702 251 5405 WOOD, SMITH, HENNING & BERMAN LLP 10 Protective Order. 16. Any Qualified Person having access to material or information designated as 12 confidential under this Protective Order, to the extent copies, duplicates, extracts, summaries, notes, 13 or descriptions of the materials or information of any portion thereof, are created, shall treat any and 14 all such copies, duplicates, extracts, summaries, notes, or descriptions of the materials or 15 information of any portion thereof, as confidential and all provisions of this Protective Order shall 16 apply equally to such materials so created, in the same manner and to the same extent as are materials 17 designated as confidential by any Designating Party. 18 17. Inadvertent production or other disclosure of documents subject to work-product 19 immunity, the attorney-client privilege or other legal privilege that protects information from 20 discovery shall not constitute a waiver of the immunity, privilege, or other protection, provided that 21 the Designating Party notifies the receiving party in writing as soon as it confirms such inadvertent 22 production. Copies of such inadvertently produced privileged and/or protected document(s) shall 23 be returned to the Designating Party or destroyed immediately upon notice of privilege. No use 24 may be made of such documents subsequent to the request to return them. Nothing in this Protective 25 Order shall limit the receiving party from requesting that the Court order the production of any such 26 inadvertently produced documents, except such request may not be based upon the argument of 27 waiver of the privilege or right to withhold the documents. 28 18. Within 30 days of the conclusion of this litigation (including any appeals), all 23865424.1:05472-0748 -5STIPULATED PROTECTIVE ORDER Case No. 2:22-cv-00216-JAD-EJY Case 2:22-cv-00216-JAD-EJY Document 41 Filed 01/31/23 Page 6 of 10 1 documents or transcripts designated under this Order, and any copies thereof, shall either be returned 2 to the Designating Party, or counsel for the receiving party shall certify the destruction of said 3 documents. This Order shall continue to be binding after the conclusion of this litigation, except 4 that there shall be no restriction on documents or transcripts that are (a) used as exhibits and/or 5 offered into evidence not under seal in the pretrial, trial, or post-trial activities of this action 6 (including any appeals), and (b) not covered by any subsequent and inclusive confidentiality order. 7 19. In the event that any non-party shall be called upon, by subpoena or otherwise, to 8 provide or produce documents or information considered Confidential Information by such non9 party, such non-party may elect to avail themselves of, and agree to be bound by, the terms and 11 non-party may designate documents and information as Confidential Information in the manner set Attorneys at Law 2881 BUSINESS PARK COURT, SUITE 200 LAS VEGAS, NEVADA 89128-9020 TELEPHONE 702 251 4100 ♦ FAX 702 251 5405 WOOD, SMITH, HENNING & BERMAN LLP 10 conditions of this Order by notifying counsel for all parties in writing. Upon service of notice, such 12 forth in this Order, and such non-party’s Confidential Information shall be treated in the same 13 manner as the Confidential Information of a party to this action. 14 20. After termination of this action by entry of a final judgment or order of dismissal, the 15 provisions of this Order shall continue to be binding. This Protective Order is and shall be deemed 16 to be enforceable between the parties (and their agents and attorneys, to the extent permissible by 17 the applicable rules of professional conduct), and the terms of this Order may be enforced by specific 18 performance in any court of competent jurisdiction. 19 21. The Court retains discretion to deny confidential treatment to any documents or 20 discovery material submitted in connection with any motion, application, proceeding or paper that 21 may result in an order or decision by the Court. 22 22. To the extent that exhibit lists are filed in this cause of action, the parties shall, at the 23 appropriate time, address the use and protection of such confidential documents at trial. 24 23. This Order shall be binding upon the parties hereto, upon their attorneys, and upon the 25 parties’ and their attorneys’ successors, executors, personal representatives, administrators, heirs, 26 legal representatives, assigns, subsidiaries, divisions, employees, agents, independent contractors, 27 and other persons or organizations over which they have control. The parties, their attorneys and 28 employees of such attorneys, and their expert witnesses, consultants and representatives retained in 23865424.1:05472-0748 -6STIPULATED PROTECTIVE ORDER Case No. 2:22-cv-00216-JAD-EJY Case 2:22-cv-00216-JAD-EJY Document 41 Filed 01/31/23 Page 7 of 10 1 connection with this action each expressly stipulates to the personal jurisdiction of this Court for the 2 purposes of any proceeding brought by a party to this action to enforce this Order. 3 24. Any party objecting to any designation of confidentiality or trade secret, or requesting 4 further limits on disclosure (such as “attorney eyes only” in extraordinary circumstances), may at 5 any time prior to the trial of this action serve upon counsel for interested parties a written notice 6 stating with particularity the reasons for the objection or request. This Order does not constitute a 7 waiver of Defendants’ right to redact documents produced in this action, nor does it constitute a 8 waiver of plaintiffs’ right to challenge any such redaction or designation as confidential. 9 25. Nothing in this Order shall prevent any party from seeking further or additional 11 Attorneys at Law 2881 BUSINESS PARK COURT, SUITE 200 LAS VEGAS, NEVADA 89128-9020 TELEPHONE 702 251 4100 ♦ FAX 702 251 5405 WOOD, SMITH, HENNING & BERMAN LLP 10 protection, or removing protection, for Confidential Information. 26. If a party contends that any document has been erroneously designated “Confidential” 12 it shall nevertheless treat the document as confidential unless and until it either (a) obtains the 13 Designating Party’s written permission to do otherwise, or (b) brings a Motion to Vacate 14 Confidential Designation before this Court and obtains an order of this Court stating that the 15 document or information is not confidential and shall not be given confidential treatment. Nothing 16 in this Order shall constitute a waiver of any parties’ right to object to the designation of a particular 17 document as confidential. 18 / / / 19 / / / 20 / / / 21 / / / 22 / / / 23 / / / 24 / / / 25 / / / 26 / / / 27 / / / 28 / / / 23865424.1:05472-0748 -7STIPULATED PROTECTIVE ORDER Case No. 2:22-cv-00216-JAD-EJY Case 2:22-cv-00216-JAD-EJY Document 41 Filed 01/31/23 Page 8 of 10 1 The parties reserve the right to move the court for an order to set aside this protective order, 2 in whole or in part, upon good cause shown. 3 IT IS SO AGREED. 4 Dated: January 30, 2023 Dated: January 25, 2023 5 WOOD, SMITH, HENNING & BERMAN LLP MOSS BERG INJURY LAWYERS /s/ Susana Santana JOEL D. ODOU Nevada Bar No. 7468 SUSANA SANTANA Nevada Bar No. 13753 DANE W. SMITH Nevada Bar No. 16002 2881 Business Park Court, Suite 200 Las Vegas, NV 89128 /s/ Boyd Moss III BOYD MOSS III Nevada Bar No. 8856 JOHN C. FUNK Nevada Bar No. 9255 4101 Meadows Lane, Suite 110 Las Vegas, NV 89107 6 7 8 9 11 Attorneys at Law 2881 BUSINESS PARK COURT, SUITE 200 LAS VEGAS, NEVADA 89128-9020 TELEPHONE 702 251 4100 ♦ FAX 702 251 5405 WOOD, SMITH, HENNING & BERMAN LLP 10 12 13 Attorneys for Plaintiff Jovanni Oseguera Attorneys for Postmates, LLC, Postmates, Inc, and Timothy Allen Vandyke 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 23865424.1:05472-0748 -8STIPULATED PROTECTIVE ORDER Case No. 2:22-cv-00216-JAD-EJY Case 2:22-cv-00216-JAD-EJY Document 41 Filed 01/31/23 Page 9 of 10 1 Oseguera v. Postmates, LLC. et. al. Case Number: 2:22-cv-00216-JAD-EJY 2 3 ORDER 4 The confidentiality and protection order as agreed upon by the parties. 5 IT IS SO ORDERED: 6 DATED: January 31, 2023 7 8 UNITED STATES MAGISTRATE JUDGE 9 11 Respectfully Submitted By: Attorneys at Law 2881 BUSINESS PARK COURT, SUITE 200 LAS VEGAS, NEVADA 89128-9020 TELEPHONE 702 251 4100 ♦ FAX 702 251 5405 WOOD, SMITH, HENNING & BERMAN LLP 10 12 WOOD, SMITH, HENNING & BERMAN LLP 13 14 15 16 17 18 19 20 /s/ Susana Santana JOEL D. ODOU Nevada Bar No. 7468 SUSANA SANTANA Nevada Bar No. 13753 DANE W. SMITH Nevada Bar No. 16002 2881 Business Park Court, Suite 200 Las Vegas, NV 89128 Attorneys for Postmates, LLC, Postmates, Inc., and Timothy Allen Vandyke 21 22 23 24 25 26 27 28 23865424.1:05472-0748 -9STIPULATED PROTECTIVE ORDER Case No. 2:22-cv-00216-JAD-EJY Case 2:22-cv-00216-JAD-EJY Document 41 Filed 01/31/23 Page 10 of 10 1 EXHIBIT 1 2 NON-DISCLOSURE AGREEMENT 3 I, ____________________________________, understand that information and/or 4 documents which are disclosed to me by counsel of record for ___________________________, 5 which are designated as “Confidential” are CONFIDENTIAL and to be used by me solely to assist 6 in the matter of Oseguera v Postmates, LLC, et al., Case No.: 2:22-cv-00216-JAD-EJY, pending in 7 the United States District Court, District of Nevada. 8 I further understand that the Protective Order entered by the Court, a copy of which has been 9 given to me, prohibits me from either using such information or documents for any other purpose 11 assisting them. Attorneys at Law 2881 BUSINESS PARK COURT, SUITE 200 LAS VEGAS, NEVADA 89128-9020 TELEPHONE 702 251 4100 ♦ FAX 702 251 5405 WOOD, SMITH, HENNING & BERMAN LLP 10 or disclosing such information or documents to any person other than counsel of record or persons 12 I further acknowledge that I am not presently a competitor or employed by a competitor of 13 Plaintiffs or Defendants, and will not use any Confidential document, transcript or information 14 obtained from any Confidential document or transcript to compete with Plaintiffs or Defendants. In 15 accepting disclosure, I agree to be bound by the Protective Order and to be subject to the jurisdiction 16 of the United States District Court, District of Nevada for the purpose of its enforcement and the 17 enforcement of my obligations under this Certification. 18 _________________________________________ Signed by Recipient 19 20 21 Dated: ________________ 22 23 24 25 26 27 28 23865424.1:05472-0748 -10STIPULATED PROTECTIVE ORDER Case No. 2:22-cv-00216-JAD-EJY
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