Aguirre Guerra v. Dematic Corp.

1 |} ADAM H. SPRINGEL, ESQ.

Nevada Bar No. 7187 || NAKESHA S. DUNCAN-PEREZ, ESQ.

3 Nevada Bar No. 11556 CHAD D. FUSS, ESQ.

4 || Nevada Bar No. 12744 SPRINGEL & FINK LLP |19075 W. Diablo Drive, Suite 302 || Las Vegas, Nevada 89148 Telephone: (702) 804-0706 7 E-Mail: [email protected] [email protected] 8 cfuss(@springelfink.com Attorneys for Defendant/Third-Party Plaintiff || DEMATIC CORP. 12 UNITED STATES DISTRICT COURT 13 STATE OF NEVADA ok |] GUISELA AGUIRRE GUERRA, Case No.: 3:18-cv-00376-LRH-CLB 16 Plaintiff, VS. STIPULATED PROTECTIVE ORDER || DEMATIC CORP., a Delaware Corporation; DOES 1-25; and BLACK CORPORATIONS A-Z, 20 Defendants.

21 || DEMATIC CORP., a Delaware Corporation, 22 . Lo.

Third-Party Plaintiff, VS. |ISALLY BEAUTY SUPPLY, LLC F/K/A SALLY BEAUTY COMPANY, INC., 26 Third-Party Defendant.

-|- 1 The parties to this action, Defendant/Third-Party Plaintiff DEMATIC CORP. (“DEMATIC”), || Third-Party Defendant SALLY BEAUTY SUPPLY, LLC f/k/a SALLY BEAUTY COMPANY, INC. || CSALLY”), and Plaintiff GUISELA AGUIRRE GUERRA (“Plaintiff”) (collectively, the “Parties’’), by 4 respective counsel, hereby stipulate and request that the Court enter a stipulated protective order |} pursuant as follows: 6 1. Any party or non-party may designate as “confidential” (by stamping the relevant page or || other otherwise set forth herein) any document or response to discovery which that party or non-party ||considers in good faith to contain information involving trade secrets, or confidential business or || financial information, subject to protection under the Federal Rules of Civil Procedure or Nevada law ||(‘Confidential Information’). Where a document or response consists of more than one page, the first || page and each page on which confidential information appears shall be so designated.

12 2. A party or non-party may designate information disclosed during a deposition or in 13 response to written discovery as “confidential” by so indicating in said response or on the record at the |} deposition and requesting the preparation of a separate transcript of such material. Additionally, a party |/or non-party may designate in writing, within twenty (20) days after receipt of said responses or of the |} deposition transcript for which the designation is proposed, that specific pages of the transcript and/or || specific responses be treated as “confidential” information. Any other party may object to such proposal, 18 writing or on the record. Upon such objection, the parties shall follow the procedures described in || paragraph 8 below. After any designation made according to the procedure set forth in this paragraph, 20 designated documents or information shall be treated according to the designation until the matter is 21 resolved according to the procedures described in paragraph 8 below, and counsel for all parties shall be ||responsible for making all previously unmarked copies of the designated material in their possession or || control with the specified designation.

24 3. All information produced or exchanged in the course of this case (other than information 25 is publicly available) shall be used by the party or parties to whom the information is produced 26 solely for the purpose of this case.

-2- 1 4. Except with the prior written consent of other parties, or upon prior order of this Court || obtained upon notice to opposing counsel, Confidential Information shall not be disclosed to any person || other than: 4 (a) counsel for the respective parties to this litigation, including in- house counsel and co- || counsel retained for this litigation; 6 (b) employees of such counsel; 7 (c) individual defendants, class representatives, any officer or employee of a party, to the || extent deemed necessary by Counsel for the prosecution or defense of this litigation; 9 (d) consultants or expert witnesses retained for the prosecution or defense of this |} litigation, provided that each such person shall execute a copy of the Certification annexed to this Order |}as Exhibit “A” (which shall be retained by counsel to the party so disclosing the Confidential 12 Information and made available for inspection by opposing counsel during the pendency or after the |} termination of the action only upon good cause shown and upon order of the Court) before being shown |}or given any Confidential Information and provided that if the party chooses a consultant or expert |J/employed by DEMATIC or SALLY or one of its competitors (as listed on Appendix A), the party shall ||notify the opposing party, or designating nonparty, before disclosing any Confidential Information to 17 individual and shall give the opposing party an opportunity to move for a protective order || preventing or limiting such disclosure; 19 (e) any authors or recipients of the Confidential Information; 20 (f) the Court, Court personnel, and court reporters; and 21 (g) witnesses (other than persons described in paragraph 4(e)). A witness shall sign the || Certification before being shown a confidential document. Confidential Information may be disclosed to 23 witness who will not sign the Certification only in a deposition at which the party who designated the || Confidential Information is represented or has been given notice that Confidential Information shall be || designated “Confidential” pursuant to paragraph 2 above. Witnesses shown Confidential Information 26 not be allowed to retain copies.

-3- 1 5. Any persons receiving Confidential Information shall not reveal or discuss such ||information to or with any person who is not entitled to receive such information, except as set forth || herein.

4 6. Unless otherwise permitted by statute, rule or prior court order, papers filed with the |} court under seal shall be accompanied by a contemporaneous motion for leave to file those documents |} under seal, and shall be filed consistent with the court’s electronic filing procedures in accordance with || Local Rule IA 10-5. Notwithstanding any agreement among the parties, the party seeking to file a paper 8 seal bears the burden of overcoming the presumption in favor of public access to papers filed in 9 Kamakana v. City and County of Honolulu, 447 F.2d 1172 (9th Cir. 2006); See also, Center for || Auto Safety v. Chrysler Group, LLC, 809 F.3d 1092, 1097 (9th Cir. 2016).

11 7, A party may designate as “Confidential” documents or discovery materials produced by a ||non-party by providing written notice to all parties of the relevant document numbers or other 13 identification within thirty (30) days after recetving such documents or discovery materials. Any party |/or non-party may voluntarily disclose to others without restriction any information designated by that 15 or non-party as confidential, although a document may lose its confidential status if it is made || public.

17 8. If a party contends that any material is not entitled to confidential treatment, such party 18 at any time give written notice to the party or non-party who designated the material. The party or 19 non-party who designated the material shall have twenty-five (25) days from the receipt of such written ||notice to apply to the Court for an order designating the material as confidential. The party or non-party 21 seeking the order has the burden of establishing that the document is entitled to protection.

22 9. Notwithstanding any challenge to the designation of material as Confidential 23 Information, all documents shall be treated as such and shall be subject to the provisions hereof unless 24 until one of the following occurs: 25 (a) the party or non-party claims that the material is Confidential Information withdraws || such designation in writing; or -4- 1 (b) the party or non-party who claims that the material is Confidential Information fails to ||apply to the Court for an order designating the material confidential within the time period specified || above after receipt of a written challenge to such designation; or 4 (c) the Court rules the material is not confidential.

5 10. All provisions of this Order restricting the communication or use of Confidential || Information shall continue to be binding after the conclusion of this action, unless otherwise agreed or || ordered. Upon conclusion of the litigation, a party in the possession of Confidential Information, other ||than that which is contained in pleadings, correspondence, and deposition transcripts, shall either (a) ||return such documents no later than thirty (30) days after conclusion of this action to counsel for the || party or non-party who provided such information, or (b) destroy such documents within the time period 11 consent of the party who provided the information and certify in writing within thirty (30) days || that the documents have been destroyed.

13 11. The terms of this Order do not preclude, limit, restrict, or otherwise apply to the use of |} documents at trial.

15 12. Nothing herein shall be deemed to waive any applicable privilege or work product 16 protection, or to affect the ability of a party to seek relief for an inadvertent disclosure of material || protected by privilege or work product protection.

18 13. Any witness or other person, firm or entity from which discovery is sought may be |/informed of and may obtain the protection of this Order by written advice to the parties’ respective 20 counsel or by oral advice at the time of any deposition or similar proceeding.

-5- 1 14. The Court’s jurisdiction over the protective shall terminate upon dismissal of this case.

3 Dated this 27" day of April, 2022 Dated this 27" day of April, 2022 ||SPRINGEL & FINK LLP LAW OFFICE OF STEVEN P. BRAZELTON S || 4s/ Chad D. Fuss /s/ Steven P. Brazelton ADAM H. SPRINGEL, ESQ. STEVEN P. BRAZELTON, ESQ.

7 || Nevada Bar No. 7187 Nevada Bar No. 5882 NAKESHA S. DUNCAN-PEREZ, ESQ. 601 S. Arlington Avenue |] Nevada Bar No. 11556 Reno, Nevada 89509 g || CHAD D. FUSS, ESQ. Attorneys for Plaintiff, Nevada Bar No. 12744 GUISELA AGUIRRE GUERRA }|9075 W. Diablo, Suite 302 Las Vegas, Nevada 89148 Attorneys for Defendant/Third-Party Plaintiff || DEMATIC CORP. || Dated this 27" day of April, 2022 LEWIS, BRISBOIS, BISGAARD & SMITH, || 4/Alice K. Herbolsheimer ‘7 || ALICE K. HERBOLSHEIMER, ESQ.

18 || Nevada Bar No. 6389 5555 Kietzke Lane, Suite 200 |) Reno, Nevada 89511 Attorneys for Third-Party Defendant SALLY BEAUTY SUPPLY -6- 1 EXHIBIT “A” 2 CERTIFICATION 3 I hereby certify my understanding that Confidential Information is being provided to me 4 pursuant to the terms and restrictions of the Protective Order dated , In Guerra Vv.

5 || Dematic, Corp., et. al., Civil No. 3:18-cv-00376-LRH-CLB. I have been given a copy of that Order and || read it. I agree to be bound by the Order. I will not reveal the Confidential Information to anyone, except 7 allowed by the Order. I will maintain all such Confidential Information — including copies, notes, or || other transcriptions made therefrom — in a secure manner to prevent unauthorized access to it. No later 9 thirty (30) days after the conclusion of this action, I will return the Confidential Information —- 10 including copies, notes or other transcriptions made therefrom — to the counsel who provided me with |} the Confidential Information. I hereby consent to the jurisdiction of the United States District Court for || the purpose of enforcing the Protective Order.

14 || DATED: -7- 1 ORDER The terms of the above stipulation for a protective order by and between DEMATIC CORP., ° Third-Party Defendant SALLY BEAUTY SUPPLY, LLC f/k/a SALLY BEAUTY COMPANY, INC., and Plaintiff GUISELA AGUIRRE GUERRA, by their respective counsel, shall hereby be the ORDER ° of this Court.

8 DATED this 27thday of April, 2022 11 U.S. MAGISTRAYE JUDGE Case No.: 8:18-cv-90376-LRH-CLB

-2- CERTIFICATE OF SERVICE 2 Guerra v. Dematic Corp., et al.

U.S.D.C. Case No.: 3:18-cv-00376 Pursuant to FRCP 5(b), on April 27, 2022 the foregoing document entitled: Stipulated Protective Order was served via electronic service through the United States District Court for the District of Nevada’s ECF system and pursuant to Rule26(a)(1) on the following parties: 8 Steven P. Brazelton, Esq. Telephone: No.: (775) 826-2380 9 Law Office of Steven P. Brazelton Facsimile No.: (775) 826-2386 S. Arlington Avenue 10 Reno, Nevada 89509 E-Mail: 11 [email protected] Attorney for Plaintiff [email protected] 12 GUISELA AGUIRRE GUERRA 13 Jack G. Angaran, Esq. Telephone No.: (775) 827-6440 1A Alice K. Herbolsheimer Lewis, Brisbois, Bisgaard & Smith, LLP E-Mail: 15 5555 Kietzke Lane, Suite 200 Jack. angaran(@lewisbrisbois.com Reno, Nevada 89511 alice. [email protected] 16 [email protected] 17 Attorney for Third-Party Defendant SALLY BEAUTY SUPPLY /s/ Ella Wilezynski 20 By: An employee of SPRINGEL & FINK LLP -9- From: Steve Brazelton To: Chad D. Fuss Cc: Herbolsheimer, Alice; Nakesha Duncan-Perez; Ella Wilczynski; GuerravDematicCorpetalZ6182496@projects. filevine.com Subject: Re: Guerra - Stipulated Protective Order Date: Thursday, April 21, 2022 12:59:59 PM OK to use my electronic signature Chad.

Steven P. Brazelton Law Office of Steven P. Brazelton South Arlington Avenue Reno, Nevada 89509 775-826-2380 775-826-2386 (fax) [email protected] This e-mail may contain or attach privileged, confidential or protected information intended only for the use of the intended recipient. If you are not the intended recipient, any review or use of it is strictly prohibited. If you have received this e-mail in error, you are required to notify the sender, then delete this email and any attachment from your computer and any of your electronic devices where the message is stored.

On Thu, Apr 21, 2022 at 10:38 AM Chad D. Fuss <[email protected]> wrote: Steve and Alice- Attached is a revised Stipulated Protective Order per the Court’s order. Please let us know if we can use your electronic signature.

Thank you.

Chad D. Fuss Attorney cl rt ja ho) edu batexod □□□ a) bal as A TT oO WN OY he a LA ow 9075 W. Diablo Drive., Suite 302 | Las Vegas, NV 89148 Tel: (702) 804-0706 | Fax: (702) 804-0798 This email has been scanned for spam and viruses. Click here to report this email as spam.

From: Herbolsheimer, Alice To: Chad D. Fuss; Steve Brazelton Cec: Nakesha Duncan-Perez; Ella Wilczynski; GuerravDematicCorpetal26182496@projects. filevine.com Subject: RE: Guerra - Stipulated Protective Order Date: Tuesday, April 26, 2022 5:16:43 PM Attachments: Logo □□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□ ABOTA a6827958-d230-4867-b590-83193cddb176.pnq Okay to file with my e-signature.

Alice Alice K. Herbolsheimer 25% AzoTA [email protected] B RR | S B IS T: 775.399.6372 F: 775.827.9256 5555 Kietzke Lane, Suite 200, Reno, NV 89511 | LewisBrisbois.com Representing clients from coast to coast. View our locations nationwide.

This e-mail may contain or attach privileged, confidential or protected information intended only for the use of the intended recipient. If you are not the intended recipient, any review or use of it is strictly prohibited. If you have received this e-mail in error, you are required to notify the sender, then delete this email and any attachment from your computer and any of your electronic devices where the message is stored.

From: Chad D. Fuss <[email protected]> Sent: Tuesday, April 26, 2022 12:07 PM To: Steve Brazelton <[email protected]> Cc: Herbolsheimer, Alice <Alice. [email protected]>; Nakesha Duncan-Perez <[email protected]>; Ella Wilczynski <[email protected]>; GuerravDematicCorpetalZ6182496@ projects.filevine.com Subject: [EXT] RE: Guerra - Stipulated Protective Order Alice- Can you please let us know if you agree to the revised protective order and we can add your electronic signature? See attached for your reference.

Thank you.

Chad D. Fuss Attorney po) oy abated) rca □□□ ain A TTS APNE YY @ a T Law 9075 W. Diablo Drive., Suite 302 | Las Vegas, NV 89148 Tel: (702) 804-0706 | Fax: (702) 804-0798 From: Steve Brazelton <sbrazelton@ brazeltonlaw.com> Sent: Thursday, April 21, 2022 1:00 PM To: Chad D. Fuss <[email protected]> Cc: Herbolsheimer, Alice <[email protected]>; Nakesha Duncan-Perez <[email protected]>; Ella Wilczynski <[email protected]>; GuerravDematicCorpetalZ6182496@ projects filevine.com Subject: Re: Guerra - Stipulated Protective Order OK to use my electronic signature Chad.

Steven P. Brazelton Law Office of Steven P. Brazelton South Arlington Avenue Reno, Nevada 89509 775-826-2380 775-826-2386 (fax) [email protected] This e-mail may contain or attach privileged, confidential or protected information intended only for the use of the intended recipient. If you are not the intended recipient, any review or use of it is strictly prohibited. If you have received this e-mail in error, you are required to notify the sender, then delete this email and any attachment from your computer and any of your electronic devices where the message is stored.

On Thu, Apr 21, 2022 at 10:38 AM Chad D. Fuss <[email protected]> wrote: Steve and Alice- Attached is a revised Stipulated Protective Order per the Court’s order. Please let us know if we can use your electronic signature.

Thank you.

Chad D. Fuss Attorney re ove bated 2) Wows hal ae 9075 W. Diablo Drive., Suite 302 | Las Vegas, NV 89148 Tel: (702) 804-0706 | Fax: (702) 804-0798 This email has been scanned for spam and viruses, Click here to report this email as spam.

This email has been scanned for spam and viruses. Click here to report this email as spam.