1 DNeevveardiae SJ.t aCteh rBisatre nNsoe.n 6596 2 Daniel I. Aquino Nevada State Bar No. 12682 3 JACKSONLEWISP.C. 300 S. Fourth Street, Suite 900 4 Las Vegas, Nevada 89101 Tel: (702) 921-2460 5 Email: [email protected] [email protected] 6 Attorney for Defendant 7 Wynn Las Vegas, LLC 8 UNITED STATES DISTRICT COURT 9 DISTRICT OF NEVADA 10 VERONICA MORA, an individual, 11 Case No. 2:19-cv-01225-JAD-NJK Plaintiff, 12 vs. STIPULATED PROTECTIVE ORDER 13 ELION PRODANI, an individual; WYNN 14 RESORTS, LTD. dba WYNN RESORTS, a Nevada corporation, 15 Defendant. 16 17 Pursuant to Federal Rule of Civil Procedure 26(c), Defendant Elion Prodani, Defendant 18 Wynn Las Vegas, LLC (misnamed and erroneously sued as Wynn Resorts, Ltd. dba Wynn 19 Resorts), and Plaintiff Veronica Mora, by and through their respective counsel of record, hereby 20 stipulate and agree that the handling of confidential material in these proceedings shall be 21 governed by the provisions set forth below. 22 I. APPLICATION 23 This Protective Order shall govern the designation and handling of “Confidential 24 Information” and “Confidential – Attorney’s Eyes Only Information” (defined below) produced 25 in discovery in this litigation, whether by voluntary production or disclosure or in response to any 26 formal discovery procedure, including designation and handling of nonpublic information of a 27 confidential nature. This Protective Order does not affect any party’s obligations under the Civil 28 Rules to produce documents as required by the rules of discovery or an order of the Court. The 1 purpose of this Protective Order is to facilitate the handling of nonpublic information of a 2 confidential, private, or proprietary nature. 3 If a designating party files material concerning “Confidential Information” or 4 “Confidential-Attorney’s Eyes Only Information” in court and does not attempt to file it under 5 seal, or if material is otherwise already part of the public record as of the entry of this Protective 6 Order, the material in question will not be subject to this Protective Order. The mere filing of 7 material containing “Confidential” or “Confidential-Attorney’s Eyes Only” by the non- 8 designating party does not remove the material from the protection of this Protective Order. If a 9 non-designating party files material marked “Confidential Information” or “Confidential- 10 Attorney’s Eyes Only Information” by another party without first seeking permission of the court 11 to file the same under seal, the non-filing party may seek appropriate relief to ensure protection 12 under this Protective Order. 13 II. DEFINITIONS 14 A. “Confidential Information” means: personal information of current or former 15 employees of Defendant (such as addresses, telephone numbers, birth dates, marital status, 16 dependent status and/or discipline or counseling received from Defendant); financial information, 17 including, but not limited to, payroll records, tax returns, financial statements, banking records, 18 and electronic data containing financial information and/or compensation or pay plans or scales; 19 confidential proprietary and/or competitive business and gaming information; trade secrets; 20 witness statements and/or investigation reports; performance projections; business strategies; and 21 confidential proprietary information about affiliates, parents, subsidiaries and third-parties with 22 whom the parties to this action have or have had business relationships. “Confidential 23 Information” includes, without limitation, any document, information, or material that the 24 producing party or protected person reasonably believes not to be in the public domain and 25 reasonably believes contains information to which an individual or company has an established 26 and legitimate right to privacy or confidentiality. 27 B. “Attorney’s Eyes Only Information” is a subset of Confidential Information that 28 1 includes any document or testimony identified by the party that contains highly sensitive, 2 proprietary, or trade secret information, including, but not limited to medical records and 3 healthcare information pertaining to any current or former employee of Defendant (other than 4 Plaintiff); personnel documents that contain personal identification information such as social 5 security numbers, financial information and/or rates of pay; information about prior, existing, and 6 potential customers; surveillance information, including, but not limited to policies, practices, and 7 procedures, location of cameras, methods of recording, video footage and reports. All references 8 herein to “Confidential” information include “Confidential – Attorneys’ Eyes Only,” except 9 where the permissible disclosure or dissemination of “Confidential – Attorneys’ Eyes Only” 10 information is more limited than permissible disclosure or dissemination of “Confidential” 11 information. 12 C. “Disclosed” is used in its broadest sense and includes, inter alia, directly or 13 indirectly shown, divulged, revealed, produced, described, transmitted or otherwise 14 communicated, in whole or in part. 15 D. “Discovery Material(s)” means any documents, answers to interrogatories, 16 responses to requests for admission, deposition testimony, deposition transcripts and exhibits, 17 other responses to requests for information and/or written information, whether produced 18 voluntarily or involuntarily, in response to discovery requests in this litigation by any party. 19 E. “Document” is defined as the term is used in Federal Rule of Civil Procedure 34. 20 F. “Under Seal” is defined as sealing confidential documents consistent with the 21 procedure set forth in LR IA 10-5 of the Local Rules for United States District Court, District of 22 Nevada (the “Court”). In the event that the Court publishes a new procedure for the filing of 23 documents under seal, the Parties will follow said published procedure. 24 III. TYPES OF MATERIALS THAT MAY BE DESIGNATED AS CONFIDENTIAL 25 Any Discovery Material or other documents, information, or materials may be designated 26 by a producing party as Confidential under this Order. The assertion of this designation of 27 “Confidential” shall constitute a representation to the Court that counsel for the producing party 28 1 or protected person believes in good faith that the material so designated constitutes Confidential 2 Information as defined in this Order. Except with the prior written consent of the producing party 3 or by Court order or as otherwise compelled by force of law, no Discovery Materials or other 4 documents, information, or materials stamped “Confidential” may be disclosed to any person 5 except as permitted in Section IV below. 6 IV. DESIGNATION OF DISCOVERY MATERIALS AS CONFIDENTIAL 7 A. Marking Protected Documents: Protected documents shall be designated as 8 containing “Confidential Information by affixing to them the legend “CONFIDENTIAL” or 9 “CONFIDENTIAL-ATTORNEY’S EYES ONLY” in all caps, 12 point font, in a location that 10 makes the designation readily apparent, preferably in the lower right hand corner. Each Party 11 shall maintain a log for the documents they have produced that have been designated 12 “Confidential,” and produce an updated log, containing all designations, when producing 13 documents or information that are designated “Confidential.” The fact that a document is 14 stamped “Confidential” by one party shall not be construed as an admission by any other party 15 that such document is confidential, nor shall it limit or preclude the right of any party to object to 16 the “Confidential” designation and to file any appropriate motion(s) to determine the propriety of 17 such designation. If the producing party inadvertently fails to stamp or otherwise appropriately 18 designate or list certain documents, material, or information as “Confidential” upon their 19 production or disclosure, such inadvertent failure to designate shall not constitute nor be deemed 20 a waiver of a subsequent claim of protected treatment under this Order. 21 B. Designating Testimony. Any party may designate testimony as “Confidential 22 Information” by making a statement to that effect on the record at the deposition or other 23 proceeding or within ten (10) business days after receipt of the transcript of deposition or other 24 proceeding by counsel. When Confidential Information is designated on the record at a 25 deposition or other proceeding, the party claiming the testimony is Confidential Information shall 26 make arrangements with the court reporter taking and transcribing such proceeding to label each 27 page containing the testimony with the designation “CONFIDENTIAL” and all counsel and 28 1 parties shall treat pages of testimony so designated as a protected document and the testimony 2 itself as Confidential Information. 3 C. Subsequent Designation. If a party discovers that material or documents 4 containing Confidential Information have been provided to the opposing party without being 5 properly designated under this Protective Order, that party shall promptly notify the receiving 6 party in writing of the same. The notification shall include an identification of the documents or 7 information (by bates stamp number or some other specific form of identification), and the 8 receiving party shall affix a stamp identifying each document or item of information so identified 9 as “CONFIDENTIAL” within ten (10) days unless the parties agree that some other procedure for 10 remedying the inadvertence is more appropriate under the circumstances. 11 V. PERMISSIBLE USE OF “CONFIDENTIAL” INFORMATION, DOCUMENTS, 12 OR MATERIALS 13 A. Limited Use. Persons obtaining access to Discovery Materials or other 14 documents, information, or materials stamped “Confidential” or “Attorney’s Eyes Only” pursuant 15 to this Order shall use the information only for the purpose of this matter, through and including 16 appeal(s) and shall not use or disclose in any format or medium such information for any other 17 purpose, including business, governmental, commercial, administrative, or judicial proceedings, 18 unless required by court order or being compelled by force of law. If any person receiving 19 information covered by this Agreement is: (a) subpoenaed in another action or proceeding; (b) 20 served with a request or demand in another action to which he, she, or it is a party; or (c) served 21 with any other legal process by one not a party to this action, seeking information designated as 22 “Confidential” pursuant to this Order, the subpoenaed party shall promptly give written notice, by 23 hand or facsimile transmission, within forty-eight (48) hours of receipt of such subpoena, request, 24 demand, or legal process to the party that produced or designated the material as “Confidential.” 25 The subpoenaed party or anyone else subject to this Order shall be under no obligation to take any 26 other action or measures to preserve the confidentiality of any such information in connection 27 with such subpoena, request, demand, or legal process. Nothing herein shall be construed as 28 1 requiring the subpoenaed party or anyone else covered by this Order to challenge or appeal any 2 order requiring production of Confidential Information, to subject itself to any penalties for 3 non-compliance with any legal process or order, or to seek any relief from the court. 4 B. Disclosure of Protected Material. Notwithstanding Section IV above, access to 5 documents stamped “Confidential” shall be limited to the following individuals: 6 1. Counsel: Counsel for the respective parties to this Protective Order, 7 including in-house counsel and counsel’s Support Staff (i.e., paralegals, administrative assistants, 8 and those involved in administration functions) and Outside Service Organizations (i.e., 9 organizations providing copy services, translation services, document preparation, trial graphics, 10 and tutorials) but only to the extent that disclosure to such person(s) is necessary in order for them 11 to assist attorneys in connection with this matter; 12 2. Court Reporters: Court reporters taking testimony and their support 13 personnel; 14 3. The Parties: Except as provided below in Section V.C., the parties to this 15 Protective Order, including the officers, directors, agents and employees of a corporate Party, to 16 the extent counsel for such party deems it necessary for the prosecution or defense of this 17 proceeding; 18 4. The Court: The Court and authorized court personnel. To the extent such 19 “Confidential Information” may be disclosed to court personnel or filed with the Court, it may, 20 upon a showing sufficient to satisfy the requirements of the Court, be done Under Seal; 21 5. Witnesses: deposition or other witnesses as necessary in this litigation, 22 provided that such persons have been made aware of the provisions of this Protective Order and 23 have manifested their assent to be bound thereby by signing a copy of the agreement attached 24 hereto as Exhibit A and provided further that disclosure is limited to Confidential Information 25 about which the witness is or is likely to be examined at a deposition or other proceeding; 26 6. Consultants and Experts: Independent consultants or experts retained by 27 counsel or a party for assistance with respect to this litigation, together with each such person’s 28 1 clerical and Support Staff, provided that such have been made aware of the provisions of this 2 Protective Order and have manifested their assent to be bound thereby by signing a copy of the 3 agreement attached hereto as Exhibit A. 4 7. The persons who are identified as authors or addressees on the face of a 5 document containing Confidential Information, or have been shown by either testimony or 6 documentary evidence to have been recipients or readers of the Confidential Information prior to 7 the commencement of the underlying lawsuit; 8 8. The videographer who videotapes Confidential Information at a deposition 9 in this litigation; 10 9. Any arbitrator, mediator or discovery referee in this litigation, and 11 employees and similar personnel of said arbitrator, mediator or discovery referee; 12 10. Any other individuals agreed to in writing by the designating party; and 13 11. Others as may be ordered by the court. 14 C. “Confidential – Attorneys’ Eyes Only.” The disclosure of “Confidential- 15 Attorney’s Eyes Only” Information is limited in the same ways as set forth above for Confidential 16 Information except that “Confidential-Attorney’s Eyes Only” Information may not be disclosed to 17 anyone except those individuals set forth in Section V.B.1 and Plaintiff. Plaintiff is only 18 permitted to review “Confidential-Attorneys’ Eyes Only” information in counsel’s office 19 provided she agrees not to make or take copies of “Confidential-Attorneys’ Eyes Only” 20 information out of counsel’s office. Except as provided in this paragraph, “Confidential 21 Attorney’s Eyes Only” information may not be disclosed or provided without prior written 22 consent by the designating party under circumstances allowing the designating party to obtain 23 adequate protection with respect to the “Confidential-Attorney’s Eyes Only” Information either 24 by agreement or by application to the Court. Further, any person who receives copies of 25 “Confidential-Attorneys’ Eyes Only” or to whom “Confidential – Attorneys’ Eyes Only” is 26 disclosed pursuant to this Stipulated Protective Information Governing Confidential Information 27 shall be advised that the “Attorneys’ Eyes Only” information is being disclosed pursuant to an 28 1 Order of the Court, that the information may not be disclosed by such person to any person not 2 permitted to have access to the “Attorneys’ Eyes Only” information pursuant to this Protective 3 Order, and that any violation of this Protective Order may result in the imposition of such 4 sanctions as the Court deems proper. 5 D. Filing Protected Materials. SIfe ea o prdaerrty i swsuiesdh ecso ntoc uurrseen tilnyf ohremreawtiiothn. or material 6 designated by another party as Confidential to support or oppose a motion or otherwise file such 7 information with the Court, the following procedures apply: Counsel shall make a reasonable 8 effort to meet and confer before filing documents under seal. To the extent possible, counsel 9 shall submit, along with any document filed under seal, a stipulation and proposed order reciting 10 the reasons for sealing the document. See LR IA 10-5; Kamakana v. City & County of Honolulu, 11

(9th Cir. 2006). Otherwise, consistent with the procedure set forth in LR IA 10-5 12 of the Local Rules for United States District Court, District of Nevada (the “Court”) or in the 13 event that the Court publishes a new procedure for the filing of documents under seal follow such 14 published procedure, the filing party must file a motion seeking leave of Court to file Under Seal 15 any Confidential Information. 16 E. Disputes as to Confidentiality Designation: 17 1. Meet and Confer Requirement: The parties agree to designate 18 information as “Confidential” on a good faith basis and not for purposes of harassing the 19 receiving party’s access to information concerning the lawsuit. If any party believes that a 20 document, tangible item, or other information that has been designated as Confidential is not 21 entitled to be treated as Confidential, the party will notify the designating party of its objection to 22 the “Confidential” designation. The parties shall meet and confer in an attempt to reach an 23 agreement regarding the Confidential status of the document, tangible item or information within 24 seven (7) business days after the objecting party has advised the designating party of its objection. 25 2. Motion for Protective Order: If the dispute is not resolved, then the 26 objecting party may file a motion challenging whether any particular material designated as 27 containing Confidential Information should be entitled confidential treatment. The party 28 1 designating particular information as confidential under the protective order shall have the burden 2 of proving that the information or document is entitled to such protection. In addition, if the 3 parties do not reach agreement in advance of filing Confidential Information as referenced in 4 Section V.D above, then the party wishing to use the designated information or material must not 5 file the Confidential Information without first allowing the disclosing party who wishes the 6 designated information to be filed under seal seven (7) court days within which to file a motion 7 allowing the Confidential Information to be filed under seal pursuant to LR IA 10-5. The 8 opposing party may then file an opposition to such motion and the moving party may file a reply 9 in accordance with the briefing schedule set forth by local rule. 10 3. Status Pending Resolution of Dispute: Notwithstanding any challenge to 11 the designation of material as containing Confidential Information, the material shall be treated as 12 Confidential and shall be subject to the provisions hereof unless and until one of the following 13 occurs: (i) all parties that claim that the material contains Confidential Information withdraw 14 such designation in writing; or (ii) the Court order is issued ruling that the material does not 15 contain Confidential Information. 16 F. Rights of Parties: This Protective Order is without prejudice to the right of any 17 party to apply to the Court for any further protective order relating to any Confidential 18 Information or for an order permitting disclosure of any Confidential Information beyond the 19 terms of this Protective Order. 20 VI. MISCELLANEOUS 21 The provisions of this Order shall not terminate at the resolution of this matter; provided, 22 however, that within thirty (30) days after the final conclusion of this matter, documents stamped 23 “Confidential” or “Confidential – Attorneys’ Eyes Only” and all copies of such documents, other 24 than exhibits of record, shall be returned to the party who produced the documents and designated 25 them as “Confidential” or “Confidential – Attorneys’ Eyes Only.” 26 27 28 I Nothing in this Order shall prevent any party or other person from seeking modification of this Order or from objecting to discovery that it believes to be otherwise improper. This Order, 3 however, shall not be modified absent an order of the Court or the written agreement of all the 4 Parties hereto. 5 Respectfully submitted this 5th day of November 2019. 6 7 | GARG GOLDEN LAW FIRM JACKSON LEWIS P.C. 8 . /s/ Deverie J. Christensen VR. = Melody R. Rissell Deverie J. Christensen, Bar #6596 9 Anthony B. Golden, Bar #9563 Daniel I. Aquino, Bar #12682 Puneet K. Garg, Bar #9811 300 S. Fourth Street, Suite 900 10 Melody R. Rissell, Bar #14,941 Las Vegas, Nevada 89101 3145 St. Rose Parkway, Suite 230 11 | Henderson, NV 89052 Attorney for Defendant Wynn Las Vegas, LLC '? | ATKINSON WATKINS & HUTCHISON & STEFFEN 13 | HOFFMANN LLP /s/ Jason D, Guinasso 14 | 4/Racheal A. Ross Joseph R. Ganley, Bar # 5643 Justin L. Watkins, Bar #9217 Jason D. Guinasso, Bar #8478 15 | Racheal A. Ross, Bar #14,943 Peowsie Paves OSTEEEEN. PLLC 16 | 10789 W. Twain Ave., #100 10080 West Alta Drive, Suite 200 Las Vegas, Nevada 89135 Las Vegas, NV 89145 17 Attorneys for Plaintiff Veronica Mora Attorney for Defendant Elion Prodani 18 19 20 ORDER 71 IT IS SO ORDERED this _® day of November 2019. 22 fo = 23 US. Magistrate Judie | 24 25 26 | 4g30-6314-2088, v. 4 27 28 LEWIS P.C.