Landgrave v. Sam's West, Inc.

1 | ROBERT K. PHILLIPS, ESO.

Nevada Bar No, 11441 || TIMOTHY D. KUHLS, ESQ.

Nevada Bar No, 13362 || PHILLIPS, SPALLAS & ANGSTADT LLC South Ninth Street || Las Vegas, Nevada 89101 (702) 938-1510 4 (702) 938-1511 (Fax) [email protected] || [email protected] || Attorneys for Defendants San’s West, Inc. & James Smith 9 UNITED STATES DISTRICT COURT 10 DISTRICT OF NEVADA |} OSCAR LANDGRAVE, Case No.: 2:21-cv-01684-JCM-NJK 2 Plaintiff, STIPULATED PROTECTIVE ORDER BETWEEN PLAINTIFF OSCAR || SAM’S WEST, INC., a Foreign Corporation; LARDGRAVE & DEFIADANTS □□□□□ JAMES SMITH, an Individual; DOES I through rrr 15 X; and ROE CORPORATIONS I through X, inclusive, | Defendants.

18 The parties to this action, Defendants SAM’S WEST, INC. (“Sam’s West”) and James Smith | (“Smith”\(collectively “Defendants”) and Plaintiff OSCAR LANDGRAVE (“Plaintiff’)(collectively, || the “Parties”), by their respective counsel, hereby stipulate and request that the Court enter a □□□□□□□□□□ || protective order pursuant as follows: 22 i, The Protective Order shall be entered pursuant to the Federal Rules of Civil Procedure.

23 2. The Protective Order shall govern all materials deemed to be “Confidential Information.”

24 || Such Confidential Information shall include the following: 25 (a) Any and all documents referring or related to confidential and proprietary human || resources or business information; financial records of the parties; compensation of Sam’s West’s || current or former personnel; policies, procedures and/or training materials of Sam’s West and/or Sam’s || West’s organizational structure; ] (b) Any documents from the personnel, medical or workers’ compensation file ofany current |! or former employee or contractor; 3 {c) Any documents relating to the medical and/or health information of any of Sam’s West’s || current or former employees or contractors; 5 (d) Any portions of depositions (audio or video) where Confidential Information is disclosed || or used as exhibits.

7 3. in the case of documents and the information contained therein, designation of || Confidential Information produced shall be made by (1) identifying said documents as confidential in □ || Defendants’ FRCP 26(a) disclosures; (2) placing the following legend on the face of the document and || each page so designated “CONFIDENTIAL;” or (3) otherwise expressly identified as confidential via || written correspondence, Defendants will use their best efforts to limit the number of documents || designated Confidential.

13 4, Confidential Information shall be held in confidence by each qualified recipient to whom || it is disclosed, shail be used only for purposes of this action, shall not be used for any business purpose, || and shall not be disclosed to any person who is not a qualified recipient, All produced Confidential || Information shall be carefully maintained so as to preclude access by persons who are not qualified || recipients.

18 5. Qualified recipients shall include only the following: The Court and its staff; 19 (a) In-house counsel and law firms for each party and the secretarial, clerical and paralegal || staff of each; 2} (b} Deposition notaries and staff; 22 (c) Persons other than legal counsel who have been retained or specially employed by a party || as an expert witness for purposes of this lawsuit or to perform investigative work or fact research; 24 (d) Deponents during the course of their depositions or potential witnesses of this case; and 25 (e) The parties to this litigation, their officers and professional employees.

26 6. Each counsel shall be responsible for providing notice of the Protective Order and the || terms therein to persons to whom they disclose “Confidential Information,” as defined by the terms of || the Protective Order. ] Persons to whom confidential information is shown shall be informed of the terms of this Order || and advised that its breach may be punished or sanctioned as contempt of the Court. Such deponents || may be shown Confidential materials during their deposition but shall not be permitted to keep copies || of said Confidential materials nor any portion of the deposition transcript reflecting the Confidential || Information.

6 If either party objects to the claims that information should be deemed Confidential, that party’s || counsel shall inform opposing counsel in writing within fourteen (14) days of receipt of the Confidential || materials that the information should not be so deemed, and the parties shail attempt first to dispose of || such disputes in good faith and on an informal basis. If the parties are unable to resolve their dispute, || the opposing party may indicate precisely what documents are to be deemed not confidential and the || movant would have the burden of proof in justifying the protective order with respect to those documents || pursuant to Cipollone v, Liggett Group, Inc., 785 F.2d 1108, 1122 (3d Cir, 1986). The information shall || continue to have Confidential status during the pendency of any such motion, 14 7. No copies of Confidential Information shall be made except by or on behalf of attorneys || of record, in-house counsel or the parties in this action, Any person making copies of such information _ || shall maintain all copies within their possession or the possession of those entitled to access to such |i information under the Protective Order.

18 8. Any party that inadvertently discloses or produces in this action a document or || information that it considers privileged or otherwise protected from discovery, in whole or in part, shall || not be deemed to have waived any applicable privilege or protection by reason of such disclosure or || production if, within 14 days of discovering that such document or information has been disclosed or |i produced, the producing party gives written notice to the receiving party identifying the document or || information in question, the asserted privileges or protection, and the grounds there for, with a request || that all copies of the document or information be retumed or destroyed. ‘The receiving party shall return || or destroy the inadvertently disclosed documents, upon receipt of appropriately marked replacement || documents, 27 9. The termination of this action shall not relieve the parties and persons obligated |j hereunder from their responsibility to maintain the confidentiality of information designated ] || confidential pursvant to this Order. □ 2 10. Within thirty (30) days of the final adjudication or resolution of this Lawsuit, the party || receiving Confidential Information shall destroy all Confidential Material, including all copies and.

4 || reproductions thereof, to counsel for the designating party.

5 1. Nothing in this Order shall be construed as an admission to the relevance, authenticity, | || foundation or admissibility of any document, material, transcript or other information.

7 12. Nothing in the Protective Order shall be deemed to preclude any party from seeking and □ || obtaining, on an appropriate showing, a modification of this Order, Se Ne vrevlep November 10 DATED this_/ day of October 2021. DATED this 3rd day of Geteber 202).

1] || MOSS BERG INJURY LAWYERS PHILLIPS, SPALLAS & ANGSTADT LLC | ern Zz ae t , 13 5 le pe ese cent ceeiER perenne MARCUS A. BERG, ESQ. ROBERT K. PHILLIPS, ESQ.

14 Nevada Bar No. 9760 Nevada Bar No. 14411 JOHN C, FUNK, ES®@. TIMOTHY D. KUHLS, ESQ.

1S || Nevada Bar No. 9255 Nevada Bar No, 13362 || 4401 Meadows Lane, Suite 110 504 S. 9" Street Las Vegas, NV 89107 Las Vegas, NV 89101 Attorney for Plaintiff Attorneys for Defendants 18 Sam's West, Inc. & James Smith 19 we || ITIS SO ORDERED. $NA ——., > Dated: November 4, 2021 Nancy J..K oppe .

United States Magistrate Judge