Barber v. The Vons Companies, Inc., No. 2:2022cv00736 - Document 11 (D. Nev. 2022)
Court Description: ORDER Granting 10 Stipulation for Confidentiality and Protection. Signed by Magistrate Judge Daniel J. Albregts on 8/24/2022. (Copies have been distributed pursuant to the NEF - JQC)
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Barber v. The Vons Companies, Inc. Doc. 11 Case 2:22-cv-00736-RFB-DJA Document 11 Filed 08/24/22 Page 1 of 7 1 2 3 4 5 6 7 3050 SOUTH DURANGO LAS VEGAS, NEVADA 89117 TELE: (702) 872-5555 FAX: (702) 872-5545 BACKUS, CARRANZA & BURDEN 8 Jack P. Burden, Esq. Nevada State Bar No. 6918 Jacquelyn Franco, Esq. Nevada Bar No. 13484 BACKUS, CARRANZA & BURDEN 3050 South Durango Drive Las Vegas, NV 89117 (702) 872-5555 (702) 872-5545 jburden@backuslaw.com jfranco@backuslaw.com Attorneys for Defendant, The Vons Companies, Inc. 9 UNITED STATES DISTRICT COURT 10 DISTRICT OF NEVADA 11 12 PATRICIA VIOLET BARBER, individually 13 14 15 16 Plaintiff, vs. THE VONS COMPANIES, INC., individually; DOES I-X; and ROE CORPORATIONS I-X, inclusive, 17 Defendants. 18 ) 2:22-cv-00736- RFB-DJA ) ) ) STIPULATION AND ORDER FOR ) CONFIDENTIALITY AND PROTECTION ) ) ) As amended on page 6. ) ) ) ) 19 With regard to materials disclosed in the course of the above-captioned lawsuit 20 (“Lawsuit”), which constitute or contain trade secrets or other confidential research, 21 development, or commercial information of the parties (“Confidential Material”), the parties 22 stipulate that the following terms and conditions shall govern: 23 1. This Order is meant to encompass all forms of disclosures which may contain 24 Confidential Material, including but not necessarily limited to any document, pleading, motion, 25 exhibit, declaration, affidavit, deposition transcript and all other tangible items (electronic media, 26 photographs videocassettes, etc.). 27 28 2. The parties may designate any Confidential Material produced or filed in this Lawsuit as confidential and subject to the terms of this Order by marking such material Dockets.Justia.com 3050 SOUTH DURANGO LAS VEGAS, NEVADA 89117 TELE: (702) 872-5555 FAX: (702) 872-5545 BACKUS, CARRANZA & BURDEN Case 2:22-cv-00736-RFB-DJA Document 11 Filed 08/24/22 Page 2 of 7 1 “Confidential.” If any material has multiple pages, this designation need only be placed on 2 the first page of such material. Any material designated as “Confidential” shall not be 3 disclosed to any person or entity, except to the parties, counsel for the respective parties, 4 members of counsel’s legal or support staff (e.g., in-house investigators, secretaries, 5 legal 6 companies or individuals engaged by a party or its counsel to assist in this litigation), 7 expert witnesses or consultants retained by the parties or their respective counsel and their 8 personnel as necessary, outside court reporting services and court reporters as may be 9 reasonably necessary in connection with the preparation or conduct of this action, this Court 10 and its personnel, any other tribunal of competent jurisdiction and its personnel, the jury 11 empaneled for this matter, witnesses, deponents, other individuals present during depositions 12 and/or trial in this matter, any mediator or arbitrator selected by the parties to mediate 13 or arbitrate this action and their respective personnel, representatives of the parties, and 14 other individuals agreed to, in writing, by the parties or ordered by this Court. This designation 15 must be made in good faith as this agreement is not intended to be a blanket order of 16 confidentiality for allmaterial information disclosed this case. pursuant to paragraph 2 above shall be 3. Any designated as in confidential 17 used only in connection with the Lawsuit. 18 assistants, paralegals, law clerks, outside copying services and data processing 4. Only counsel of record in this Lawsuit shall be permitted to disseminate 19 Confidential Material. Prior to disclosure of Confidential Material, each person to whom 20 disclosure is to be made shall execute a written “Confidentiality Agreement” (in the form 21 attached hereto as Exhibit “A”) consenting to be bound by the terms of this Order. Persons 22 authorized to examine the Confidential Material include the parties, counsel for the respective 23 parties, members of counsel’s legal or support staff (e.g., in-house investigators, secretaries, legal 24 assistants, paralegals, law clerks, outside copying services and data processing companies or 25 individuals engaged by a party or its counsel to assist in this litigation), expert witnesses or 26 consultants retained by the parties or their respective counsel and their personnel as necessary, 27 outside court reporting services and court reporters as may be reasonably necessary in connection 28 with the preparation or conduct of this action, this Court and its personnel, any other tribunal of 2 Case 2:22-cv-00736-RFB-DJA Document 11 Filed 08/24/22 Page 3 of 7 1 competent jurisdiction and its personnel, the jury empaneled for this matter, witnesses, deponents, 2 other individuals present during depositions and/or trial in this matter, any mediator or arbitrator 3 selected by the parties to mediate or arbitrate this action and their respective personnel, 4 representatives of the parties, and other individuals agreed to, in writing, by the parties or ordered 5 by this Court who shall agree that the contents of the Confidential Material shall not be disclosed 6 to any other person or entity and said documents shall not be photocopied or reproduced by any 7 means, except for use in association with this Lawsuit. Both consulting and testifying experts 8 may review the documents in accordance with the terms of this Order. 3050 SOUTH DURANGO LAS VEGAS, NEVADA 89117 TELE: (702) 872-5555 FAX: (702) 872-5545 BACKUS, CARRANZA & BURDEN 9 5. Upon dissemination of any Confidential Material, each non-designation counsel of 10 record in this Lawsuit shall maintain a written record as to: (1) the identity of any person given 11 Confidential Material, and (2) the identity of the Confidential Material so disseminated (such as 12 by “Bates stamp” number). Such record shall be made available to the designating party upon 13 request. 14 6. If additional persons or entities become parties to this Lawsuit, they shall not have 15 access to any Confidential Material until they execute and file with the Court their written 16 agreement to be bound by the terms of this Order. 17 7. In the event that any question is asked at a deposition that calls for the disclosure 18 of or testimony regarding Confidential Material, the witness shall answer such question (unless 19 otherwise instructed not to do so on grounds of privilege) provided that the only persons in 20 attendance at the deposition are persons who are qualified to receive such information pursuant to 21 this Order. Specific deposition testimony and/or the deposition transcript in its entirety may be 22 designated as confidential on the record at the time of the deposition or the deposition transcript 23 may be designated as confidential subsequently thereto. All such deposition testimony and/or 24 transcripts shall be treated as “Confidential” pursuant to paragraph 2 above. The parties shall 25 make arrangements with the court reporter not to disclose any such Confidential Material except 26 in accordance with the terms of this Order. 27 28 8. If a deponent refuses to execute a Confidentiality Agreement, disclosure of Confidential Material during the deposition shall not constitute a waiver of confidentiality. Under 3 Case 2:22-cv-00736-RFB-DJA Document 11 Filed 08/24/22 Page 4 of 7 1 such circumstances, the witness shall sign the original deposition transcript in the presence of the 2 court reporter and no copy of the transcript or exhibits shall be given to the deponent. 3050 SOUTH DURANGO LAS VEGAS, NEVADA 89117 TELE: (702) 872-5555 FAX: (702) 872-5545 BACKUS, CARRANZA & BURDEN 3 9. The parties shall separately confer regarding the use of Confidential Material at 4 trial and at any hearing, and to the extent an agreement cannot be reached, the Court shall 5 intervene. A party seeking to file a confidential document, with any appropriate redactions, under 6 seal must file a motion to seal and must comply with the Ninth Circuit’s directives in Kamakana 7 v. City and County of Honolulu, 447 F.3d 1172 (9th Cir. 2006 and Pintos v. Pacific Creditors 8 Association, 605 F.3d 665, 678 (9th Cir. 2010)). Documents must be filed under seal using the 9 Court’s electronic filing procedures. See Local Rule IA 10-5. Papers filed with the Court under 10 seal must be accompanied with a concurrently filed motion for leave to file those documents 11 under seal. See Local Rule IA 10-5(a). 12 10. The parties understand that the Court will maintain the Confidential Material it 13 receives pursuant to paragraph 9 above under seal in accordance with the local and governing 14 laws and rules. 15 11. If a party believes that any Confidential Material does not contain confidential 16 information, it may contest the applicability of this Order to such information by notifying the 17 designating party’s counsel in writing and identifying the information contested within thirty (30) 18 calendar days from the date of its production. The parties shall meet and confer to attempt to resolve 19 the issue. If the dispute is not resolved after such good faith efforts, the designating party shall 20 submit the matter to the Court for determination within thirty (30) days of the meet and confer. 21 Pending receipt of the Court’s determination as to whether the moving party has met its burden of 22 proof in designating the materials at issue as confidential, said materials shall continue to be 23 treated as confidential in accordance with the provisions of this Order and not declassified until 24 required by the Court upon final operative written order, or as agreed in writing by the party who 25 designated the information as confidential. 26 12. The unauthorized or inadvertent disclosure of attorney client or other confidential 27 materials, or the inadvertent failure to designate any material “Confidential,” shall not constitute 28 waiver of an otherwise valid claim of confidentiality pursuant to this Order, so long as a claim of 4 3050 SOUTH DURANGO LAS VEGAS, NEVADA 89117 TELE: (702) 872-5555 FAX: (702) 872-5545 BACKUS, CARRANZA & BURDEN Case 2:22-cv-00736-RFB-DJA Document 11 Filed 08/24/22 Page 5 of 7 1 confidentiality is asserted within a reasonable period of time after discovery of the error. At such 2 time, the designating party shall retroactively designate the material “Confidential” in accordance 3 with this Order. Upon retroactive designation of material as “Confidential,” counsel (i) shall not 4 make any further disclosure or communication of such retroactively designated material except as 5 provided for in this order, and (ii) shall take reasonable steps to notify all persons known to have 6 possession of any retroactively designated material of the effect of such retroactive designation 7 under this Order. Any party who made an unauthorized or inadvertent disclosure of 8 confidential materials shall take reasonable steps to notify all persons known to have 9 possession of such materials and arrange for their prompt return and/or destruction consistent 10 with this13. Order.This Order shall be without prejudice to the right of any party to challenge the 11 propriety of discovery and/or production of materials on any grounds including, but not limited 12 to, relevance, privilege, and materiality. 13 14. This Order shall not restrict in any manner the right of any party to offer or use as 14 evidence at the trial of this Lawsuit any of the documents subject to this Confidentiality 15 Agreement and nothing contained herein shall be construed as a waiver of any objection to its 16 admissibility into evidence. 17 15. None of the restrictions set forth in this Confidentiality Agreement shall apply to 18 any documents or other information that become public knowledge by means not in violation of 19 the provisions of this Stipulation and Order for Confidentiality and Protection. 20 16. The parties or counsel for the respective parties may modify the terms of this of 21 this Stipulation and Order for Confidentiality and Protection. However, no modification by the 22 parties shall have the force or effect of a court order unless the Court approves the modification. 23 Alternatively, any party or counsel for the respective party may seek an order of this Court to 24 modify the terms of this Stipulation and Order for Confidentiality and Protection. Any motion 25 seeking such modification must be served upon all counsel of record and filed in accordance with 26 this Court’s filing procedures. 27 28 17. When any counsel of record in this Lawsuit or any attorney who has executed the Confidentiality Agreement becomes aware of any violation of this Order, or of facts constituting 5 Case 2:22-cv-00736-RFB-DJA Document 11 Filed 08/24/22 Page 6 of 7 1 good cause to believe that a violation of this Order may have occurred, such attorney shall report 2 3 the violation of this Order to the Court and all counsel of record.and may file the appropriate motion with the Court. 18. Within thirty (30) days after the termination of this Lawsuit by settlement, verdict, 4 judgment, nonsuit, dismissal or otherwise, all Confidential Material shall be returned to counsel 5 for the designating party or destroyed except as to records regularly maintained by counsel in the 6 ordinary course of business; which records will continue to be maintained as Confidential 7 Documents in conformity with this Order. 3050 SOUTH DURANGO LAS VEGAS, NEVADA 89117 TELE: (702) 872-5555 FAX: (702) 872-5545 BACKUS, CARRANZA & BURDEN 8 19. After the termination of this Lawsuit, the provisions of this Order shall continue to 9 be binding and this Court shall retain jurisdiction over the parties and any other person who has 10 access to the Confidential Material produced pursuant to this Order for the sole purpose of 11 enforcement of its provisions. 12 DATED this ___22nd_ day of August 2022. ER INJURY ATTORNEYS 13 DATED this __22nd__ day of August 2022. BACKUS, CARRANZA & BURDEN 14 15 16 17 18 /s/ Justin Randall______________ JUSTIN RANDALL, ESQ. Nevada Bar No. 12476 4795 South Durango Drive Las Vegas, Nevada 89147 Attorneys for Plaintiff Darlene Patricia Violet Barber /s/_Jacquelyn Franco__________ JACK P. BURDEN, ESQ. Nevada Bar No. 6918 JACQUELYN FRANCO, ESQ. Nevada Bar No. 13484 3050 South Durango Drive Las Vegas, NV 89117 Attorneys for Defendant The Vons Companies, Inc 19 20 21 22 ORDER ITIT ISIS SO SOORDERED ORDERED.as amended by the Court on page 6. 23 24 25 _____________________________________ ________________________________ DISTRICT COURT MAGISTRATE JUDGE DANIEL J. ALBREGTS UNITED STATES MAGISTRATE JUDGE 26 27 28 6 Case 2:22-cv-00736-RFB-DJA Document 11 Filed 08/24/22 Page 7 of 7 1 2 3 4 5 6 7 3050 SOUTH DURANGO LAS VEGAS, NEVADA 89117 TELE: (702) 872-5555 FAX: (702) 872-5545 BACKUS, CARRANZA & BURDEN 8 Jack P. Burden, Esq. Nevada State Bar No. 6918 Jacquelyn Franco, Esq. Nevada Bar No. 13484 BACKUS, CARRANZA & BURDEN 3050 South Durango Drive Las Vegas, NV 89117 (702) 872-5555 (702) 872-5545 jburden@backuslaw.com jfranco@backuslaw.com Attorneys for Defendant, The Vons Companies, Inc. 9 UNITED STATES DISTRICT COURT 10 DISTRICT OF NEVADA 11 12 PATRICIA VIOLET BARBER, individually 13 14 15 16 Plaintiff, vs. THE VONS COMPANIES, INC., individually; DOES I-X; and ROE CORPORATIONS I-X, inclusive, 17 Defendants. 18 19 20 21 ) 2:22-cv-00736- RFB-DJA ) ) ) STIPULATION AND ORDER FOR ) CONFIDENTIALITY AND PROTECTION ) EXHIBIT “A” ) ) ) ) ) ) IT IS HEREBY AGREED that I, the undersigned, am bound by the terms of the subject Confidentiality and Protective Order entered in the above referenced matter. DATED: NAME: __________________________________ 22 TITLE: __________________________________ 23 24 25 26 27 28 7
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