1 GEORGE M. RANALLI, ESQ. Nevada Bar No. 5748 2 RANALLI ZANIEL FOWLER & MORAN, LLC 2340 W. Horizon Ridge Parkway, #100 3 Henderson, Nevada 89052 [email protected] 4 Attorney for Defendant, WALGREEN CO. 5 UNITED STATES DISTRICT COURT 6 FOR THE DISTRICT OF NEVADA 7

DENISHIA ROUNTREE, an ) 8 individual; ) ) 9 Plaintiff, )Case No: 2:23 cv 00272 JCM VCF ) 10 ‐ ‐ ‐ ‐ vs. ) 11 ) CONFIDENTIALITY WALGREEN CO., doing business ) STIPULATION AND 12 as WALGREENS; DOES 1 through ) PROTECTIVE ORDER 10; and ROE CORPORATIONS 11 ) through 20, inclusive, ) 13 ) Defendants. ) 14 )

15 CONFIDENTIALITY STIPULATION AND PROTECTIVE ORDER 16

Certain parties believe that discovery will encompass 17 documents and information that would not ordinarily be disclosed 18 to the public and that disclosure or misuse of such materials 19 would cause competitive harm, divulge trade secrets, raise 20 privacy concerns, and violate confidentiality provisions set 21 forth in contracts binding on the parties. Accordingly, the 22 parties have agreed to the entry of this Confidentiality Stipulation and Protective Order (“Agreed Order”) to expedite 23 the flow of discovery materials, preserve the integrity of 24 1 promote the prompt resolution of discovery disputes over 2 confidentiality, facilitate the preservation of materials that 3 may contain confidential information and trade secrets, and prevent breach of the confidential provisions set forth in 4 contracts. 5 Accordingly, in the interests of justice and to expedite 6 discovery, the parties hereby STIPULATE AND AGREE that: 7 1. Confidential Information: 8 For purposes of this Agreed Order, “Confidential 9 Information” shall mean documents or other materials that one or more parties believe to include proprietary information relating 10 to their business, disclosure of which might be harmful, 11 including but not limited to, information that has not been made 12 available to the public at large, confidential research, 13 development, commercial information, contracts, collective 14 bargaining agreement, and trade secrets, including but not 15 limited to rules and regulations, policies and procedures, 16 processes, operations, training materials, safety materials. Notwithstanding the foregoing, the term "Confidential 17 Information" does not include information which (a) is in or 18 becomes a part of the public domain without violation of this 19 Agreed Order by any party to this litigation or their counsel; 20 (b) was known to a party to this litigation on a non- 21 confidential basis prior to its disclosure to such party or 22 their counsel in this litigation; or (c) is not otherwise 23 subject to a restriction on disclosure and is rightfully obtained by any party or their counsel from a source other than 24 1 Defendants may designate documents, information or 2 testimony as Confidential Information under this Order as 3 follows: a. The designation shall be made by clearly stamping 4 or marking any document, including any interrogatory answer or 5 transcript, with the word “CONFIDENTIAL.” 6 b. Transcripts (or portions thereof) may be 7 designated "CONFIDENTIAL" by instructing the reporter to stamp 8 or mark the transcript (or portions thereof) within ten (10) 9 days after it is received, and shall be treated as Confidential until the ten (10) day designation period has passed. 10 c. In the case of electronically-stored information, 11 a party producing Confidential Information in an electronically- 12 stored format shall stamp the physical medium by which the 13 information is transmitted (e.g. computer tape, computer disk, 14 CD Rom, etc.) as “CONFIDENTIAL.” If the party to whom such 15 electronically-stored information is produced shall create any 16 readable report or output from such confidential data, that party shall prominently label each page of such output report as 17 “CONFIDENTIAL.” 18 d. A party, provider of documents or non-party 19 witness may denominate any response to any written discovery 20 request brief, motion or other material filed with the court, 21 and any appendix, exhibit or document pertaining to such 22 material as Confidential Information by stamping the cover or 23 first page, “CONFIDENTIAL.” e. Documents produced or to be produced by a third- 24 1 records, tax records or other private documents or information, 2 may be designated as confidential prior to their release through 3 subpoena via a written notice to all parties. 2. Limited Disclosure and Use of Confidential 4 Information: A person who receives Confidential Information has 5 a duty to preserve confidentiality, shall not make any further 6 disclosure of it except as authorized below or by further order, 7 and shall use it only for purposes of this case or any 8 arbitration or mediation related to this case. A receiving 9 person may make disclosure to the following persons: a. Attorneys of record for the parties of this 10 litigation; 11 b. Designated business persons of any corporate 12 party (“Corporate Designees”), but only to the extent necessary 13 for the conduct of this action; provided, however, that no 14 Confidential Information shall be revealed to such persons until 15 the conditions detailed in Paragraph 4 have been met; 16 c. Deposition reporters; d. Independent experts, investigators, and other 17 consultants retained by counsel; provided, however, that no 18 Confidential Information shall be revealed to such persons until 19 the conditions detailed in Paragraph 4 have been met; provided 20 further, however, that the retained person is not employed 21 during the pendency of the litigation, and has not been employed 22 during the past two (2) years, by a person or entity that 23 competes with the producing party; e. Associates, secretaries, paralegals, clerical, 24 1 subparagraphs (a), (b) and (d) above, to the extent reasonably 2 necessary to render professional services in the litigation; 3 f. A deponent during the course of his or her deposition; 4 g. Any person who is referenced in Confidential 5 Information; provided, however, that no Confidential Information 6 shall be revealed to such persons until the conditions detailed 7 in Paragraph 4 have been met; 8 h. Witnesses or prospective witnesses in the course 9 of investigation or in preparation for deposition, or at deposition; provided, however, that no Confidential Information 10 shall be revealed to such persons until the conditions detailed 11 in Paragraph 4 have been met; and 12 i. The Court, any arbitrator, mediator or 13 adjudicator and their personnel. 14 3. Submission to Court. No Confidential Information, 15 whether embodied in physical objects, documents, electronically- 16 stored data, tangible items, or the transcription of statements of persons, shall be filed with the Court, unless the producing 17 party consents in writing to such filing, or unless filed in a 18 sealed envelope on which shall be endorsed the caption of the 19 action and a statement substantially in the following form: 20 CONFIDENTIAL 21 This envelope contains documents or information in this case that is subject to a Confidentiality 22 Order entered by the Court. This envelope shall not be opened nor the contents thereof displayed 23 or revealed except by Order of Court. Violation thereof may be regarded as contempt of Court. 24 . . . 1 A party discharges its obligations under this paragraph by 2 filing a pleading, motion, brief or other papers in two parts 3 and placing the part which contains Confidential Information under seal. Any courtesy copy delivered to the Court shall be 4 marked: "Courtesy Copy – Original Under Seal." 5 4. Prior to the disclosure of any Confidential 6 Information to any person described in paragraph 2 (b), (d), 7 (f), (g) or (h), counsel for the party disclosing such 8 Confidential Information shall provide such person with a copy 9 of this Order, shall advise them that the disclosure of Confidential Information is subject to its terms, and shall 10 obtain and retain a signed Declaration of Compliance, in the 11 form annexed hereto as Exhibit" A," from each such person. 12 Counsel for each party shall retain the original of any 13 Declaration of Compliance received from persons to whom 14 Confidential Information is provided, in accordance with this 15 Order. 16 5. If any party believes that a designation as Confidential as to any document, material or information by any 17 other party or by any witness is unwarranted, it may so inform 18 the designating party or witness in writing. Upon receipt by 19 the designating party of such written objection, the parties 20 shall negotiate in good faith to resolve their differences. If, 21 within ten (10) days after such written objection to a 22 designation the parties have failed to reach agreement, the 23 party objecting to the designation may apply to the Court for a ruling that the designation as to any document, material or 24 1 the party or non-party producing the documents. No disclosure 2 of any documents, material or information designated as 3 Confidential Information shall be made, except in accordance herewith, by the recipient prior to decision by the Court on any 4 such motion. In any proceeding challenging the propriety of the 5 designation of any document, information or materials as 6 Confidential Information, the party, provider of documents or 7 witness who has designated the document, material or information 8 as Confidential Information shall bear the burden of 9 establishing the propriety of that designation. Until the Court enters an Order changing the designation for any document, 10 material or information, it shall be given “Confidential" 11 treatment in accordance with this Order. 12 6. Unless otherwise ordered or agreed, neither the 13 termination of this lawsuit nor the termination of employment of 14 any person who has had access to any Confidential Information 15 shall relieve such person from the terms of this Order. 16 7. This Order shall not be deemed a waiver of: a. Any party's right to object to any discovery 17 requests on any ground or to seek a protective order with 18 respect to any such discovery request; 19 b. Any party's right to seek an order compelling 20 discovery with respect to any discovery request; 21 c. Any party's right to object to the admission of 22 any evidence on any ground; 23 d. Any party's right to seek a modification of this Order upon reasonable notice to all other parties; or 24 1 e. Any party's right to challenge the propriety of the 2 designation of any material as Confidential Information at any 3 time. Failure of any party to promptly challenge the propriety of such a designation shall not preclude that party's subsequent 4 objection to such designation, a motion by that party to seek a 5 determination as to the propriety of such designation or a 6 motion by that party to otherwise modify the provisions of this 7 Order. The designation by a party that material is Confidential 8 shall not constitute an admission by any other party that the 9 material is confidential. 8. All Confidential Information shall be returned as 10 follows: 11 a. Within thirty (30) days after the final 12 determination of this Action, or sooner if agreed to in writing 13 by the parties, all Confidential Information, including 14 originals, and subject to subparagraph (c) hereof, copies, 15 abstracts or summaries thereof, shall be returned to the 16 attorney for the party producing and providing the material or destroyed by the party receiving such material, and no copies 17 thereof shall be retained by any other person; provided, 18 however, that counsel of record for the parties may keep, in 19 strictest confidence, one copy of any part of the Confidential 20 Information produced by others that has become part of the 21 official record of this litigation. Such copy shall remain 22 subject to the terms of this Order; 23 b. If Confidential Information is furnished to a testifying or consulting expert, investigator, other consultant, 24 1 investigator, other consultant, or witness shall have the 2 responsibility of ensuring that all such material, including 3 copies, abstracts and summaries thereof, is returned to the party producing the same or destroyed; and 4 c. Counsel of record for each party may retain 5 abstracts or summaries of materials, which contain counsel's 6 mental impressions or opinions. Such abstracts or summaries, 7 which contain or refer to Confidential Information shall, 8 however, remain subject to the terms of this Order. 9 9. Any party in receipt of a subpoena, official agency request for information or other legal process seeking documents 10 or other information designated Confidential by another party or 11 entity hereunder, shall first notify the other party or entity 12 which designated the information, in writing, of its intention 13 to comply with that subpoena, agency request or legal process 14 and shall give the designating party or entity sufficient notice 15 to enable that party or entity to seek a protective order or 16 otherwise take action to prevent disclosure. A party intending disclosure pursuant to a subpoena, agency request for 17 information or other legal process shall not disclose the 18 information sought until the objecting party, or entity has 19 unsuccessfully exhausted all available legal or administrative 20 procedures for resisting such disclosure, unless ordered by a 21 court to do so; provided, however, that if the objecting party 22 or entity does not act to protect its interests in accordance 23 with applicable procedural rules, including rules governing the time within action must be taken, the other party shall be 24 1 10. The parties will cooperate to establish a procedure 2 for the use of information that has been designated Confidential 3 at trial or during any court hearing. At a minimum, that procedure should mandate that the courtroom is sealed, or that 4 all information which has been designated Confidential is 5 submitted under seal, and that only the persons set forth in 6 paragraph 2 can be present in the courtroom when any information 7 that has been designated Confidential, is referenced. 8 11. If any party misuses or improperly discloses 9 Confidential Information in violation of this Order, any other party may move the Court for enforcement of this Order and/or 10 sanctions that the Court deems appropriate under the 11 circumstances. Any party who claims that a violation of this 12 Order has occurred shall have the burden of proof on that issue. 13 12. Each party will endeavor to make reasonable efforts to 14 ensure that materials and documents that should bear the 15 Confidential legend are so labeled in fact. A failure to so 16 designate any document or material shall not be deemed a waiver of the confidentiality protection. In the event a party 17 belatedly determines that any document or material should be 18 designated as Confidential under this Stipulation and Order, 19 such party will so notify the other party and the other party 20 shall agree to accept that notification and arrange to comply 21 with the remaining provision of this Stipulation and Order to 22 such late designated documents and materials. 23 13. Any party, persons, and entities obtaining access to Confidential Information under this Confidentiality Stipulation 24 1 preparation and trial of the above-captioned litigation 2 (including appeals and retrials thereof), and shall absolutely 3 not use such information for any other purpose whatsoever, including business, governmental, commercial, or administrative 4 or judicial proceedings. 5 14. Each party agrees to be bound by the terms of this 6 Confidentiality Stipulation and Order as of the date it is 7 executed, prior to the entry of the Order by the Court. This 8 Confidentiality Stipulation and Order may be executed in any 9 number of counterparts, each of which shall be deemed an original, but all of which taken together shall constitute one 10 instrument. 11 15. If a party wishes to file any Confidential Material 12 under seal, the party must comply with the requirements of Local 13 Rule IA 10-5 and the Ninth Circuit Court of Appeals’ decision in 14 Kamakana v. City and County of Honolulu,

(9th Cir. 15 2006). If a non-designating party is subpoenaed or ordered to 16 produce Confidential Information by another court or 17 administrative agency, such party shall promptly notify the 18 designating party of the pending subpoena or order and shall not 19 produce any Confidential Information until the designating party 20 . . . 21 . . . 22 . . . 23 . . . 24 . . . 1 has had a reasonable time to object or otherwise take 2 appropriate steps to protect such Confidential Material. 3 IT IS SO STIPULATED.

4 Dated: March 6, 2023 Dated: March 6, 2023 5 BERNSTEIN & POISSON RANALLI ZANIEL FOWLER & MORAN, LLC 6 /s/ Daniel J. Tafoya, Jr. /s/ George M. Ranalli 7 ____________________________ ____________________________ SCOTT L. POISSON, ESQ. GEORGE M. RANALLI, ESQ. 8 Nevada Bar No. 10188 Nevada Bar No. 5748 DANIEL J. TAFOYA, JR., ESQ. VICKI DRISCOLL, ESQ. 9 Nevada Bar No. 15656 Nevada Bar No. 3939 700 S. Jones Boulevard 2340 W. Horizon Ridge Parkway, 10 Las Vegas, Nevada 89107 #100 Attorneys for Plaintiff Henderson, Nevada 89052 11 DENISHIA ROUNTREE Attorney for Defendant

WALGREEN CO. 12

13 14 15 16 17 18 19 20 21 22 23 24 ] ORDER 2 It having been stipulated by and between the parties that 3 this Stipulation for Protective Order is agreed to by the

4 parties. IT IS SO ORDERED. 5 wens

Cam Ferenbach 7 United States Magistrate Judge 3-9-2023 8 DATED 9 . Respectfully submitted by:

10 RANALLI ZANIEL FOWLER & MORAN, LLC So □ /s/ George M. Ranalli

g& 12 GEORGE M. RANALLI, ESQ. Rg Nevada Bar No. 5748 gS 13 |lviexr DRISCOLL, ESQ. Nevada Bar No. 3939 14 ||2340 W. Horizon Ridge Parkway, #100 Henderson, Nevada 89052 15 Attorney for Defendant WALGREEN CO. 16 17 18 19 20 21 22 23 24

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1 GEORGE M. RANALLI, ESQ. Nevada Bar No. 5748 2 RANALLI ZANIEL FOWLER & MORAN, LLC 2340 W. Horizon Ridge Parkway, #100 3 Henderson, Nevada 89052 [email protected] 4 Attorney for Defendant, WALGREEN CO. 5 UNITED STATES DISTRICT COURT 6 FOR THE DISTRICT OF NEVADA 7

DENISHIA ROUNTREE, an ) 8 individual; ) ) 9 Plaintiff, )Case No: 2:23 cv 00272 JCM VCF ) 10 ‐ ‐ ‐ ‐ vs. ) 11 ) CONFIDENTIALITY WALGREEN CO., doing business ) STIPULATION AND 12 as WALGREENS; DOES 1 through ) PROTECTIVE ORDER 10; and ROE CORPORATIONS 11 ) through 20, inclusive, ) 13 ) Defendants. ) 14 )

15

CERTIFICATE OF COMPLIANCE 16 I, _________________________________, as recipient of 17 “Confidential” information as a result of my involvement in the 18 matter of ROUNTREE vs. WALGREEN CO. d/b/a WALGREENS, have 19 received the CONFIDENTIALITY STIPULATION AND PROTECTIVE ORDER 20 and have reviewed it in its entirety and agree to comply with 21 the provisions thereof. After the conclusion of this matter, I 22 will comply with paragraph 8 by returning or immediately 23 . . . 24 . . . 1 destroying any such documents, information, copies, prints, 2 summaries, and other reproductions of such information, 3 identified as “Confidential”. DATED this ____ day of _______________, _____. 4 By 5 __________________________________________________________ 6 Print Name, Position, Business

7 ______________________________ 8 Signature

9

10 SUBSCRIBED AND SWORN to before

11 me this ____ day of , ______.

12 _____________________________________ 13 NOTARY PUBLIC in and for said County and State 14 15

16 17 18 19 20 21 22 23 24