Toussain v. Home Depot U.S.A., Inc., No. 2:2022cv00917 - Document 9 (D. Nev. 2022)
Court Description: ORDER Granting 8 Confidentiality Stipulation and Protective Order. Signed by Magistrate Judge Brenda Weksler on 6/16/2022. (Copies have been distributed pursuant to the NEF - YAW)
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Toussain v. Home Depot U.S.A., Inc. Doc. 9 Case 2:22-cv-00917-JCM-BNW Document 9 8 Filed 06/16/22 06/15/22 Page 1 of 7 1 2 3 4 5 6 7 SAO 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 STATE OF NEVADA 10 TAYLOR TOUSSAIN, an individual, No. 2-22-cv-00917-JCM-BNW 11 Plaintiff, 12 CONFIDENTIALITY STIPULATION AND PROTECTIVE ORDER v. 13 14 15 16 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, Defendants. 17 18 The discovery sought by the parties in the above-styled case is likely to involve 19 production of documents and things containing business, competitive, proprietary, trade secret or 20 other information of a sensitive nature about the party (or of another person which information 21 the 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 Confidentiality Stipulation and Protective Order (“the 24 Order”) to govern the production of Defendant’s closed-circuit television footage (“CCTV”) from 25 the subject store at the time of the subject incident. This Stipulation and Order does not apply to 26 any materials, documents, evidence, etc other than Defendant’s CCTV from the subject store at 27 the time of the subject incident. Therefore, for good cause shown, the Court hereby ORDERS as 28 CONFIDENTIALITY STIPULATION AND PROTECTIVE ORDER Page 1 of 7 Dockets.Justia.com Case 2:22-cv-00917-JCM-BNW Document 9 8 Filed 06/16/22 06/15/22 Page 2 of 7 1 follows: 2 Designation of Confidential Information. 3 1. Defendant’s CCTV from the subject store at the time of the subject incident shall, 4 prior to production, be marked by the producing party as “Confidential.” This Stipulation and 5 Order does not apply to any materials, documents, evidence, etc. other than Defendant’s 6 videotape from the subject store at the time of the subject incident. 7 2. Modification of Designation. The designation of Confidential Information by the 8 producing party shall not be determinative and may be modified or eliminated at any time in one 9 of two ways, as explained below. 10 (a) 11 The producing party may agree in writing to downgrade or eliminate the Confidential designation concerning any material it produced. 12 (b) If the parties cannot agree as to the designation of any particular 13 information or material after good faith discussion, the receiving party may move the 14 Court to downgrade or eliminate the “Confidential” designation. The burden of proving 15 that the information has been properly designated as protected shall be on the party who 16 made the original designation. 17 18 19 20 21 22 23 24 25 Access to Confidential Information 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 staff employed in the offices of such outside counsel who are working on the litigation), provided that outside counsel who are not of record must first sign and deliver to counsel of record for each other party or parties a letter in the form of Exhibit A hereto. (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. 26 27 28 CONFIDENTIALITY STIPULATION AND PROTECTIVE ORDER Page 2 of 7 Case 2:22-cv-00917-JCM-BNW Document 9 8 Filed 06/16/22 06/15/22 Page 3 of 7 (c) 1 To court reporters transcribing a deposition, hearing, or other proceeding 2 in this matter who sign Exhibit A attached hereto (excluding court-appointed court 3 reporters). 4 (d) To independent experts and independent consultants (meaning a person 5 who is not an employee, officer, director, or owner in any capacity of a party and who is 6 retained by a party or a party’s outside counsel in good faith for the purpose of assisting 7 in this litigation) who sign Exhibit A attached hereto. 8 Nothing herein shall prevent the producing party from showing the documents or 9 10 information to an employee of that party. 2. No Copies/Notes. Except for internal use by outside counsel for the parties hereto, 11 for Court and deposition copies, and for such use as is expressly permitted under the terms hereof, 12 no person granted access to Confidential Information shall make copies, reproductions, 13 transcripts, or facsimiles of the same or any portion thereof or shall take notes or otherwise 14 summarize the contents of such Confidential Information. 15 16 17 18 19 20 21 22 23 24 25 26 3. Disputes over Access. If a dispute arises as to whether a particular person should be granted access to Confidential Information, the party seeking disclosure may move the Court to permit the disclosure and must obtain an order of the Court before disclosing the information. Use of Confidential Information 1. Use in this Litigation Only. Confidential Information may be used only for purposes of this litigation. Each person to whom the disclosure of any Confidential Information is made shall not, directly or indirectly, use, disclose, or disseminate, or attempt to use, disclose, or disseminate, any of the same except as expressly provided herein. 3. Use at Court Hearings and Trial. Subject to Nevada Rules of Civil Procedure and Nevada Rules of Evidence, Confidential Information may be offered into evidence at trial or at any hearing or oral argument, provided that the proponent of the evidence containing Confidential Information gives reasonable advance notice to the Court and counsel for the producing or 27 designating party. Any party may move the Court for an order that the evidence be received in 28 CONFIDENTIALITY STIPULATION AND PROTECTIVE ORDER Page 3 of 7 Case 2:22-cv-00917-JCM-BNW Document 9 8 Filed 06/16/22 06/15/22 Page 4 of 7 1 camera or under other conditions to prevent unnecessary disclosure. If presented at trial, the 2 status of evidence as Confidential Information shall not be disclosed to the finder of fact. 3 4. Filing Under Seal. Each document filed with the Court that contains any 4 Confidential Information shall be accompanied by a Motion to Seal. The Parties agree not to file 5 documents which are designated confidential unless they are provided with a Motion to Seal with 6 the Court. Copies of such documents served on counsel for other parties shall be marked as 7 Confidential. 8 9 5. Reasonable Precautions. Counsel for each party shall take all reasonable precautions to prevent unauthorized or inadvertent disclosure of any Confidential Information. 10 6. Return After Litigation. Within thirty (30) days of the final termination of this 11 litigation by judgment, appeal, settlement, or otherwise, or sooner if so ordered by the Court, 12 counsel for each party shall return to counsel for the party who furnished the same all items 13 constituting, containing, or reflecting the other party's Confidential Information. In lieu or 14 returning the Confidential Information, Plaintiff may destroy the records upon completion of 15 litigation, with written confirmation to Home Depot that the destruction took place. 16 Other Provisions 17 18 19 20 21 22 23 24 25 26 1. Not an Admission. Nothing in this Order shall constitute an admission by the party that information designated as Confidential is actually Confidential Information. Furthermore, nothing contained herein shall preclude the parties or a person from raising any available objection, or seeking any available protection with respect to any Confidential Information, including but not limited to the grounds of admissibility of evidence, materiality, trial preparation /// /// /// /// 27 /// 28 CONFIDENTIALITY STIPULATION AND PROTECTIVE ORDER Page 4 of 7 Case 2:22-cv-00917-JCM-BNW Document 9 8 Filed 06/16/22 06/15/22 Page 5 of 7 1 2 3 4 materials and privilege. IT IS SO STIPULATED AND AGREED: DATED: June 13, 2022 RESNICK & LOUIS, P.C. 5 6 7 8 9 ll v I} 2,ol,1-,,. DATED: LYNN RIVERA, ESQ. Attorneys for Defendant HOME DEPOT U.S.A., INC. TANNER LAW FIRM 10 11 12 DAVIDA. TANNER, ESQ. REZA R. AYAZI, ESQ. 13 14 15 16 ORDER PURSUANT TO STIPULATION, IT IS SO ORDERED, this IT IS SO ORDERED 2022. , -----DATED: 3:16 pm, June 16, 2022 17 18 19 20 BRENDA WEKSLER UNITED STATES MAGISTRATE JUDGE COURT U.S. DISTRICT OF THE JUDGE 21 22 23 24 25 26 27 28 r'f"\1'Tl,'ll'\T,'N'T'T AT l'T'V 'T'JDTTJ A 'T'lf"\1'.T A 1'.Tn DDA'T'IU.."T'lUV n.nnvn day of Case 2:22-cv-00917-JCM-BNW Document 9 8 Filed 06/16/22 06/15/22 Page 6 of 7 1 EXHIBIT A AGREEMENT CONCERNING INFORMATION COVERED BY CONFIDENTIALITY 2 STIPULATION AND PROTECTIVE ORDER 3 4 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 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 9 not to copy any documents or information that have been designated as “Confidential” and 10 11 12 13 14 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 CONFIDENTIALITY STIPULATION AND PROTECTIVE ORDER Page 6 of 7 Case 2:22-cv-00917-JCM-BNW Document 9 8 Filed 06/16/22 06/15/22 Page 7 of 7 CERTIFICATE OF SERVICE 1 2 3 4 5 6 7 Taylor Toussain v. Home Depot U.S.A. Inc., et. al. United States District Court, Nevada, Case No. No. 2-22-cv-00917-JCM-BNW Pursuant to FRCP 5(b), I certify that I am an employee of RESNICK & LOUIS, P.C., that on the 16th day of June, I caused the foregoing: CONFIDENTIALITY STIPULATION FOR PROTECTIVE ORDER to be served on all parties to this action by: 8 E-FILE & SERVE: By transmitting a true copy via electronic means upon all eligible 9 electronic recipients, through the 8th Judicial District Court, Clark County’s electronic 10 11 12 13 14 15 16 service (Odyssey), designated below. DAVID A. TANNER, ESQ. REZA R. AYAZI, ESQ. TANNER LAW FIRM 7895 W. Sunset Road, Suite 115 Las Vegas, NV 89113 Telephone: (702) 987-8888 Facsimile (702) 410-8070 david@tannerlawfirm.com reza@tannerlawfirm.com Attorneys for Plaintiff TAYLOR TOUSSAIN 17 18 19 Dated: June 16, 2022 20 21 Kristy Gouveia _______ An employee of RESNICK & LOUIS, P.C. 22 23 24 25 26 27 28 CONFIDENTIALITY STIPULATION AND PROTECTIVE ORDER Page 7 of 7
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