|| DANIEL S. SIMON, ESQ. Nevada Bar No. 4750 BENJAMIN J. MILLER, ESQ. 3 Nevada Bar No. 10406 ASHLEY M. FERREL, ESQ. 4 || Nevada Bar No. 122027 SIMON LAW 5 810 South Casino Center Boulevard Las Vegas, Nevada 89101 6lTelephone: (702) 364-1650 4 Facsimile: (702) 364-1655 E-Mail:[email protected] UNITED STATES DISTRICT COURT

DISTRICT OF NEVADA □ 10 11 | ANTHONY TORRES, Case No.: 2:21-cv-00046-JAD-NJK 12 Plaintiff, 13 VS. 14] GUSTAVO CONCHAS, individually; THE STIPULATED PROTECTIVE ORDER FISHEL COMPANY, an Ohio Foreign 15 || Corporation; DOES 1| through 20, inclusive; and ROE BUSINESS ENTITIES 1 through 20, 16 || inclusive, Defendants. 18 19 The parties to this action, Plaintiff ANTHONY TORRES ("Plaintiff") and Defendants 0 GUSTAVO CONCHAS and THE FISHEL COMPANY (“Defendants”) (collectively, the "Parties"), by their respective counsel, hereby stipulate and request that the Court enter a stipulated protective order pursuant as follows: ae 1. The Protective Order shall be entered pursuant to the Federal Rules of Civil 23 ll Procedure. 24 2s The Protective Order shall govern all materials deemed to be "Confidential 25 || Information." Such Confidential Information shall include the following: 26 (a) Any and all documents referring or related to confidential and proprietary human resources or business information; financial records of the parties; compensation of Defendant's current or former personnel; policies, 28

I procedures and/or training materials of Defendant and/or Defendant's 2 organizational structure; 3 (b) Any documents from the personnel, medical or workers’ compensation file 4 of any current or former employee or contractor; (c) Any documents relating to the medical and/or health information of any of ° Defendant's current or former employees or contractors; 6 (d) Any portions of depositions (audio or video) where Confidential 7 Information is disclosed or used as exhibits. 8 3. In the case of documents and the information contained therein, designation 9 of Confidential Information produced shall be made by (1) identifying said documents as 10 confidential in either parties’ FRCP 26(a) disclosures and any supplements made thereto; (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 la correspondence. Both parties will use their best efforts to limit the number of documents 13 || designated Confidential. 14 If either party objects to the claims that information should be deemed Confidential, that 15 ||party's counsel shall inform opposing counsel in writing within thirty (30) days of receipt of the 16 Confidential materials that the information should not be so deemed, and the parties shall attempt first to dispose of such disputes in good faith and on an informal basis. If the parties are unable to "7 resolve their dispute, they may present a motion to the Court objecting to such status. The Is information shall continue to have Confidential status during the pendency of any such motion. 19 4. A party seeking to file a confidential document under seal must file a motion to seal 20 ||and must comply with the Ninth Circuit’s directives in Kamakana v. City and County of Honolulu, 91 ||

(9th Cir. 2006) and Center for Auto Safety v. Chrysler Group, LLC,

, 7 1097 (9th Cir. 2016). 35 5. The Court has adopted electronic filing procedures. Attorneys must file documents under seal using the Court’s electronic filing procedures. See Local Rule [A 10-5. Papers filed with a the Court under seal must be accompanied with a concurrently-filed motion for leave to file those 25 documents under seal. See Local Rule IA 10-5(a). 26 5. All motions to seal shall address the standard articulated in Ctr. for Auto Safety and 27 \|explain why that standard has been met.

. 8 Specifically, a party seeking to seal judicial records bears the burden of meeting the

1 | “compelling reasons” standard, as previously articulated in Kamakana.

. Under the 2 ||compelling reasons standard, “a court may seal records only when it finds ‘a compelling reason 3 and articulate[s] the factual basis for its ruling, without relying on hypothesis or conjecture.” □□□□ 4 or Auto Safety,

. (quoting Kamakana,

). “The court must then ‘conscientiously balance[ ] the competing interests of the public and the party who seeks to keep ° certain judicial records secret.” Ctr. for Auto Safety,

1097. 6 There is an exception to the compelling reasons standard where a party may satisfy the less 7 llexacting “good cause” standard for sealed materials attached to a-discovery- motion unrelated to 8 j| the merits of the case. Jd. “The good cause language comes from Rule 26(c)(1), which governs the 9 issuance of protective orders in the discovery process: ‘The court may, for good cause, issue an 10 order to protect a party or person from annoyance, embarrassment, oppression, or undue burden or expense.’” Jd. (citing Fed.R.Civ.P. 26(c)). “For good cause to exist, the party seeking protection bears the burden of showing specific prejudice or harm will result if no protective order is granted.” 12 Phillips v. General Motors,

1206, 1210-11 (9th Cir. 2002). 13 The labels of “dispositive” and “nondispositive” will not be the determinative factor for 14 || deciding which test to apply because the focal consideration is “whether the motion is more than 15 tangentially related to the merits of a case.” Ctr. for Auto Safety,

. 16 6. The fact that the Court has entered the instant stipulated protective order and that a party has designated a document as confidential pursuant to that protective order does not, standing i alone, establish sufficient grounds to seal a filed document. See Foltz v. State Farm Mut. Auto. Ins. is Co.,

(9th Cir. 2003); see also Beckman Indus., Inc. v. Int’l Ins. Co.,

, 476 (9th Cir. 1992). If the sole ground for a motion to seal is that the opposing party (or non- party) has designated a document as confidential, the designator shall file (within seven days of 21 ||the filing of the motion to seal) either (1) a declaration establishing sufficient justification for sealing each document at issue or (2) a notice of withdrawal of the designation(s) and consent to unsealing. If neither filing is made, the Court may order the document(s) unsealed without further notice. a 7. Confidential Information shall be held in confidence by each qualified recipient to 25 1 whom it is disclosed, shall be used only for purposes of this action, shall not be used for any 26 || business purpose, and shall not be disclosed to any person who is not a qualified recipient. All 27 ||produced Confidential Information shall be carefully maintained so as to preclude access by 2g ||Persons who are not qualified recipients.

1 8. Qualified recipients shall include only the following: 2 (a) In-house counsel and law firms for each party and the secretarial, clerical 3 paralegal staff of each; 4 (b) Deposition notaries and staff; (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 6 perform investigative work or fact research; 7 (d) Deponents during the course of their depositions or potential witnesses of 8 this case; and 9 (e) The parties to this litigation, their officers and professional employees. 10 9. 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 i terms of the Protective Order. Persons to whom confidential information is shown shall be informed of the terms of this 13 | Order and advised that its breach may be punished or sanctioned as contempt of the Court. Such 14 |ldeponents may be shown Confidential materials during their deposition but shall not be permitted 15 |[to keep copies of said Confidential materials nor any portion of the deposition transcript reflecting 16 the Confidential Information. 10. No copies of Confidential Information shall be made except by or on behalf of "7 attorneys of record, in-house counsel or the parties in this action. Any person making copies of 8 such information shall maintain all copies within their possession or the possession of those 19} entitled to access to such information under the Protective Order. 20 11. Any party that inadvertently discloses or produces in this action a document 91 | 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 59 disclosure or production if, within 14 days of discovering that such document or information has been disclosed or produced, the producing party gives written notice to the receiving party 24 identifying the document or information in question, the asserted privileges or protection, and the 25 grounds there for, with a request that all copies of the document or information be returned or 26 || destroyed. The receiving party shall return or destroy the inadvertently disclosed documents upon 27 |lreceipt of appropriately marked replacement documents. 28

1 12. The termination of this action shall not relieve the parties and persons obligated |hereunder from their responsibility to maintain the confidentiality of information designated 3 confidential pursuant to this Order. 4 13. Nothing in this Order shall be construed as an admission to the relevance, authenticity, foundation or admissibilily of any document, material, transcript or other ° information. 6 14. Nothing in the Protective Order shall be deemed to preclude any party from seeking 7 □□□ obtaining, on an appropriate showing, a modification of this Order. 8 st 9 DATED this _/ ~day of February, 2022. DATED thislOth day of February, 2022 10 SIMON LAW . HONE LAW

12||DANIEL S. SIMON, ESQ. JOEL Z.SCHWARZ,ESQ.—t«*™” Nevada Bar No. 4750 Nevada Bar No. 9181 1311810 S. Casino Center Blvd. 701 N. Green Valley Parkway, Ste. 200 14 Las Vegas, Nevada 89101 Henderson, Nevada 89074 Attorney for Plaintiff Attorney for Defendants 15 16 17 18 19 20 21 22 23 24 25 26 27 28

1 ORDER 2 The terms of the above stipulation for a protective order by and between Plaintiff 3 ANTHONY TORRES and Defendants GUSTAVO CONCHAS and THE FISHEL COMPANY, by their respective counsel, shall hereby be the ORDER of this Court.

; DATED this 14th day of February, 2022.

IT IS SO ORDERED. 7

9 United States M agistrate Judge 10 Il 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 :