Toussain v. Home Depot U.S.A., Inc., No. 2:2022cv00917 - Document 33 (D. Nev. 2023)
Court Description: ORDER Granting 32 Amended Stipulation and Protective Order. Signed by Magistrate Judge Brenda Weksler on 3/8/2023. (Copies have been distributed pursuant to the NEF - TRW)
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Toussain v. Home Depot U.S.A., Inc. Doc. 33 Case 2:22-cv-00917-JCM-BNW Document 33 32 Filed 03/08/23 03/07/23 Page 1 of 6 1 2 3 4 5 6 7 SPO LYNN V. RIVERA, ESQ. NEVADA BAR NO. 6797 RESNICK & LOUIS. P.C. 8925 W. Russel Road, Suite 220 Las Vegas, Nevada 89113 Telephone: (702) 997-3800 Email: lrivera@rlattorneys.com Attorneys for Defendant HOME DEPOT U.S.A., INC. (erroneously sued herein as HOME DEPOT USA INC. dba THE HOME DEPOT) 8 UNITED STATES DISTRICT COURT 9 10 11 12 13 14 15 16 STATE OF NEVADA TAYLOR TOUSSAIN, an individual, Plaintiff, v. HOME DEPOT USA INC. dba THE HOME DEPOT, a foreign corporation; DOES I through X; and ROE ENTITIES I through X; and ROE ENTITES, I through X, No. 2-22-cv-00917-JCM-BNW AMENDED CONFIDENTIALITY STIPULATION AND PROTECTIVE ORDER Defendants. 17 18 The discovery sought by the parties in the above-styled case is likely to involve production 19 of documents and things containing business, competitive, proprietary, trade secret or other 20 information of a sensitive nature about the party (or of another person which information the 21 party is under a duty to maintain in confidence), hereafter referred to as “Confidential 22 Information,” and witness testimony containing Confidential Information. Accordingly, the 23 parties having agreed to enter into this Amended Confidentiality Stipulation and Protective Order 24 (“the Order”) to govern the production of Defendant’s closed-circuit television footage from the 25 subject store at the time of the subject incident, Defendant’s confidential policies and procedures, 26 associate training materials, and other incident reports (collectively hereinafter “Case 27 Materials”). Therefore, for good cause shown, the Court hereby ORDERS as follows: 28 AMENDED CONFIDENTIALITY STIPULATION AND PROTECTIVE ORDER Page 1 of 6 Dockets.Justia.com Case 2:22-cv-00917-JCM-BNW Document 33 32 Filed 03/08/23 03/07/23 Page 2 of 6 1 2 Designation of Confidential Information. 1. Defendant’s Case Materials from the subject store at the time of the subject 3 incident shall, prior to production, be marked by the producing party as “Confidential.” This 4 Stipulation and Order does not apply to any materials, documents, evidence, etc. other than 5 Defendant’s Case Materials from the subject store at the time of the subject incident. 6 2. Modification of Designation. The designation of Confidential Information by the 7 producing party shall not be determinative and may be modified or eliminated at any time in one 8 of two ways, as explained below. 9 (a) 10 The producing party may agree in writing to downgrade or eliminate the Confidential designation concerning any material it produced. (b) 11 If the parties cannot agree as to the designation of any particular 12 information or material after good faith discussion, the receiving party may move the 13 Court to downgrade or eliminate the “Confidential” designation. The burden of proving 14 that the information has been properly designated as protected shall be on the party who 15 made the original designation. 16 Access to Confidential Information 17 18 19 1. General Access. Except as otherwise expressly provided herein or ordered by the Court, Confidential Information may be revealed only as follows: (a) To outside counsel for a party hereto (and secretaries, paralegals, and other 20 staff employed in the offices of such outside counsel who are working on the litigation), 21 provided that outside counsel who are not of record must first sign and deliver to counsel 22 of record for each other party or parties a letter in the form of Exhibit A hereto. 23 24 25 (b) To the parties after they have been given a copy of this Confidentiality Stipulation by their outside counsel and signed a letter in the form of Exhibit A. (c) To court reporters transcribing a deposition, hearing, or other proceeding 26 in this matter who sign Exhibit A attached hereto (excluding court-appointed court 27 reporters). 28 AMENDED CONFIDENTIALITY STIPULATION AND PROTECTIVE ORDER Page 2 of 6 Case 2:22-cv-00917-JCM-BNW Document 33 32 Filed 03/08/23 03/07/23 Page 3 of 6 (d) 1 To independent experts and independent consultants (meaning a person 2 who is not an employee, officer, director, or owner in any capacity of a party and who is 3 retained by a party or a party’s outside counsel in good faith for the purpose of assisting 4 in this litigation) who sign Exhibit A attached hereto. 5 Nothing herein shall prevent the producing party from showing the documents or 6 7 information to an employee of that party. 2. No Copies/Notes. Except for internal use by outside counsel for the parties hereto, 8 for Court and deposition copies, and for such use as is expressly permitted under the terms hereof, 9 no person granted access to Confidential Information shall make copies, reproductions, 10 transcripts, or facsimiles of the same or any portion thereof or shall take notes or otherwise 11 summarize the contents of such Confidential Information. 12 3. Disputes over Access. If a dispute arises as to whether a particular person should 13 be granted access to Confidential Information, the party seeking disclosure may move the Court 14 to permit the disclosure and must obtain an order of the Court before disclosing the information. 15 Use of Confidential Information 16 1. Use in this Litigation Only. Confidential Information may be used only for 17 purposes of this litigation. Each person to whom the disclosure of any Confidential Information 18 is made shall not, directly or indirectly, use, disclose, or disseminate, or attempt to use, disclose, 19 or disseminate, any of the same except as expressly provided herein. 20 3. Use at Court Hearings and Trial. Subject to the Federal Rules of Civil Procedure 21 and Federal Rules of Evidence, Confidential Information may be offered into evidence at trial or 22 at any hearing or oral argument, provided that the proponent of the evidence containing 23 Confidential Information gives reasonable advance notice to the Court and counsel for the 24 producing or designating party. Any party may move the Court for an order that the evidence be 25 received in camera or under other conditions to prevent unnecessary disclosure. If presented at 26 trial, the status of evidence as Confidential Information shall not be disclosed to the finder of fact. 27 28 AMENDED CONFIDENTIALITY STIPULATION AND PROTECTIVE ORDER Page 3 of 6 Case 2:22-cv-00917-JCM-BNW Document 33 32 Filed 03/08/23 03/07/23 Page 4 of 6 4. 1 Filing Under Seal. Each document filed with the Court that contains any 2 Confidential Information shall be accompanied by a Motion to Seal. The Parties agree not to file 3 documents which are designated confidential unless they are provided with a Motion to Seal with 4 the Court. Copies of such documents served on counsel for other parties shall be marked as 5 Confidential. 5. 6 7 Reasonable Precautions. Counsel for each party shall take all reasonable precautions to prevent unauthorized or inadvertent disclosure of any Confidential Information. 6. 8 Return After Litigation. Within thirty (30) days of the final termination of this 9 litigation by judgment, appeal, settlement, or otherwise, or sooner if so ordered by the Court, 10 counsel for each party shall return to counsel for the party who furnished the same all items 11 constituting, containing, or reflecting the other party's Confidential Information. In lieu or 12 returning the Confidential Information, Plaintiff may destroy the records upon completion of 13 litigation, with written confirmation to Home Depot that the destruction took place. 14 15 16 17 18 19 20 21 22 23 /// 24 /// 25 /// 26 /// 27 /// 28 /// AMENDED CONFIDENTIALITY STIPULATION AND PROTECTIVE ORDER Page 4 of 6 Case 2:22-cv-00917-JCM-BNW Document 33 32 Filed 03/08/23 03/07/23 Page 5 of 6 1 Other Provisions 2 1. Not an Admission. Nothing in this Order shall constitute an admission by the 3 party that information designated as Confidential is actually Confidential Information. 4 Furthermore, nothing contained herein shall preclude the parties or a person from raising any 5 available objection, or seeking any available protection with respect to any Confidential 6 Information, including but not limited to the grounds of admissibility of evidence, materiality, 7 trial preparation materials and privilege. IT IS SO STIPULATED AND AGREED: 8 9 DATED: March 2, 2023 RESNICK & LOUIS, P.C. 10 _________________________ LYNN RIVERA, ESQ. Attorneys for Defendant HOME DEPOT U.S.A., INC. 11 12 13 14 DATED: March 2, 2023 15 TANNER LAW FIRM /s/ David A. Tanner_____________________ DAVID A. TANNER, ESQ. JEFF GUNN, ESQ. Attorneys for Plaintiff 16 17 18 19 ORDER 20 ITSO IS SO ORDERED PURSUANT TO STIPULATION, IT IS ORDERED, this ______ day of _______________, 21 2023. DATED: 10:21 am, March 08, 2023 22 23 24 25 BRENDA WEKSLER UNITED STATES MAGISTRATE JUDGE ______________________________________ JUDGE OF THE U.S. DISTRICT COURT 26 27 28 AMENDED CONFIDENTIALITY STIPULATION AND PROTECTIVE ORDER Page 5 of 6 Case 2:22-cv-00917-JCM-BNW Document 33 32 Filed 03/08/23 03/07/23 Page 6 of 6 1 2 3 4 EXHIBIT A AGREEMENT CONCERNING INFORMATION COVERED BY CONFIDENTIALITY STIPULATION AND PROTECTIVE ORDER I have been designated by ____________________ as a person who may have access to 5 Confidential Information as that term is defined in the Confidentiality Stipulation and Protective 6 Order (the “Order”) entered in the above-entitled case. 7 8 9 10 11 12 13 14 Having read the Order, I agree to comply fully with it and to be bound by its terms with respect to all documents and information designated as “Confidential” under the Order. I agree not to copy any documents or information that have been designated as “Confidential” and disclosed to me and not to disclose such documents or information to any person or entity not authorized under the Order to view Confidential Information. I declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct. Executed this ______day of ________________, 2022. 15 16 17 Name 18 19 20 Address 21 22 Employer 23 24 25 Job Title 26 27 28 AMENDED CONFIDENTIALITY STIPULATION AND PROTECTIVE ORDER Page 6 of 6
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