1 SJaPcOk P. Burden, Esq. 2 Nevada State Bar No. 6918 Jacquelyn Franco, Esq. 3 Nevada Bar No. 13484 4 BACKUS | BURDEN 3050 South Durango Drive 5 Las Vegas, NV 89117 (702) 872-5555 6 (702) 872-5545 [email protected] 7 [email protected] Attorneys for Defendant, 8 Albertson’s LLC 9 UNITED STATES DISTRICT COURT 10 DISTRICT OF NEVADA 11

12 ANNA MARIE AMPEY, ) Case No. 2:24-cv-02055-GMN-BNW ) 13 Plaintiff, ) vs. ) STIPULATED PROTECTIVE ORDER 14 ) ALBERTSON'S LLC, a foreign ) 15 Corporation d/b/a; Albertson’s DOES 1 ) 16 through X; and ROE CORPORATIONS ) I through X, inclusive, ) 17 ) Defendants. ) 18

19 IT IS HERBEY ORDERED THAT: 20 With regard to materials disclosed in the course of the above-captioned lawsuit 21 (“Lawsuit”), which constitute or contain trade secrets or other confidential research, development, 22 or commercial information of the parties (“Confidential Material”), the parties stipulate that the 23 following terms and conditions shall govern: 24 1. This Order is meant to encompass all forms of disclosures which may contain 25 Confidential Material, including but not necessarily limited to any document, pleading, motion, 26 exhibit, declaration, affidavit, deposition transcript and all other tangible items (electronic media, 27 photographs videocassettes, etc.). 28 1 “Confidential.” If any material has multiple pages, this designation need only be placed on the 2 first page of such material. Any material designated as “Confidential” shall not be disclosed to 3 any person or entity, except to the parties, counsel for the respective parties, members of 4 counsel’s legal or support staff (e.g., in-house investigators, secretaries, legal assistants, 5 paralegals, law clerks, outside copying services and data processing companies or individuals 6 engaged by a party or its counsel to assist in this litigation), expert witnesses or consultants 7 retained by the parties or their respective counsel and their personnel as necessary, outside court 8 reporting services and court reporters as may be reasonably necessary in connection with the 9 preparation or conduct of this action, this Court and its personnel, any other tribunal of competent 10 jurisdiction and its personnel, the jury empaneled for this matter, witnesses, deponents, other 11 individuals present during depositions and/or trial in this matter, any mediator or arbitrator 12 selected by the parties to mediate or arbitrate this action and their respective personnel, 13 representatives of the parties, and other individuals agreed to, in writing, by the parties or ordered 14 by this Court. This designation must be made in good faith as this agreement is not intended to be 15 a blanket order of confidentiality for all information disclosed in this case. 16 3. Any material designated as confidential pursuant to paragraph 2 above shall be 17 used only in connection with the Lawsuit. 18 4. Only counsel of record in this Lawsuit shall be permitted to disseminate 19 Confidential Material. Prior to disclosure of Confidential Material, each person to whom 20 disclosure is to be made shall execute a written “Confidentiality Agreement” (in the form 21 attached hereto as Exhibit “A”) consenting to be bound by the terms of this Order. Persons 22 authorized to examine the Confidential Material include the parties, counsel for the respective 23 parties, members of counsel’s legal or support staff (e.g., in-house investigators, secretaries, legal 24 assistants, paralegals, law clerks, outside copying services and data processing companies or 25 individuals engaged by a party or its counsel to assist in this litigation), expert witnesses or 26 consultants retained by the parties or their respective counsel and their personnel as necessary, 27 outside court reporting services and court reporters as may be reasonably necessary in connection 28 with the preparation or conduct of this action, this Court and its personnel, any other tribunal of 1 competent jurisdiction and its personnel, the jury empaneled for this matter, witnesses, deponents, 2 other individuals present during depositions and/or trial in this matter, any mediator or arbitrator 3 selected by the parties to mediate or arbitrate this action and their respective personnel, 4 representatives of the parties, and other individuals agreed to, in writing, by the parties or ordered 5 by this Court who shall agree that the contents of the Confidential Material shall not be disclosed 6 to any other person or entity and said documents shall not be photocopied or reproduced by any 7 means, except for use in association with this Lawsuit. Both consulting and testifying experts 8 may review the documents in accordance with the terms of this Order. 9 5. If any party objects to disclosing their record of people to whom they have given 10 or shown Confidential Material, the party objecting to the disclosure may file the appropriate 11 motion with Court. 12 6. Upon dissemination of any Confidential Material, each non-designation counsel of 13 record in this Lawsuit shall maintain a written record as to: (1) the identity of any person given 14 Confidential Material, and (2) the identity of the Confidential Material so disseminated (such as 15 by “Bates stamp” number). Such record shall be made available to the designating party upon 16 request. 17 7. If additional persons or entities become parties to this Lawsuit, they shall not have 18 access to any Confidential Material until they execute and file with the Court their written 19 agreement to be bound by the terms of this Order. 20 8. In the event that any question is asked at a deposition that calls for the disclosure 21 of or testimony regarding Confidential Material, the witness shall answer such question (unless 22 otherwise instructed not to do so on grounds of privilege) provided that the only persons in 23 attendance at the deposition are persons who are qualified to receive such information pursuant to 24 this Order. Specific deposition testimony and/or the deposition transcript in its entirety may be 25 designated as confidential on the record at the time of the deposition or the deposition transcript 26 may be designated as confidential subsequently thereto. All such deposition testimony and/or 27 transcripts shall be treated as “Confidential” pursuant to paragraph 2 above. The parties shall 28 1 make arrangements with the court reporter not to disclose any such Confidential Material except 2 in accordance with the terms of this Order. 3 9. If a deponent refuses to execute a Confidentiality Agreement, disclosure of 4 Confidential Material during the deposition shall not constitute a waiver of confidentiality. Under 5 such circumstances, the witness shall sign the original deposition transcript in the presence of the 6 court reporter and no copy of the transcript or exhibits shall be given to the deponent. 7 10. The parties shall separately confer regarding the use of Confidential Material at 8 trial and at any hearing, and to the extent an agreement cannot be reached, the Court shall 9 intervene. A party seeking to file a confidential document, with any appropriate redactions, under 10 seal must file a motion to seal and must comply with the Ninth Circuit’s directives in Kamakana 11 v. City and County of Honolulu,

(9th Cir. 2006 and Pintos v. Pacific Creditors 12 Association,

(9th Cir. 2010)). Documents must be filed under seal using the 13 Court’s electronic filing procedures. See Local Rule IA 10-5. Papers filed with the Court under 14 seal must be accompanied with a concurrently filed motion for leave to file those documents 15 under seal. See Local Rule IA 10-5(a). 16 11. The parties understand that the Court will maintain the Confidential Material it 17 receives pursuant to paragraph 10 above under seal in accordance with the local and governing 18 laws and rules. 19 12. If a party believes that any Confidential Material does not contain confidential 20 information, it may contest the applicability of this Order to such information by notifying the 21 designating party’s counsel in writing and identifying the information contested within thirty (30) 22 calendar days from the date of its production. The parties shall meet and confer to attempt to resolve 23 the issue. If the dispute is not resolved after such good faith efforts, the designating party shall 24 submit the matter to the Court for determination within thirty (30) days of the meet and confer. 25 Pending receipt of the Court’s determination as to whether the moving party has met its burden of 26 proof in designating the materials at issue as confidential, said materials shall continue to be 27 treated as confidential in accordance with the provisions of this Order and not declassified until 28 1 required by the Court upon final operative written order, or as agreed in writing by the party who 2 designated the information as confidential. 3 13. The unauthorized or inadvertent disclosure of attorney client or other confidential 4 materials, or the inadvertent failure to designate any material “Confidential,” shall not constitute 5 waiver of an otherwise valid claim of confidentiality pursuant to this Order, so long as a claim of 6 confidentiality is asserted within a reasonable period of time after discovery of the error. At such 7 time, the designating party shall retroactively designate the material “Confidential” in accordance 8 with this Order. Upon retroactive designation of material as “Confidential,” counsel (i) shall not 9 make any further disclosure or communication of such retroactively designated material except as 10 provided for in this order, and (ii) shall take reasonable steps to notify all persons known to have 11 possession of any retroactively designated material of the effect of such retroactive designation 12 under this Order. Any party who made an unauthorized or inadvertent disclosure of confidential 13 materials shall take reasonable steps to notify all persons known to have possession of such 14 materials and arrange for their prompt return and/or destruction consistent with this Order. 15 14. This Order shall be without prejudice to the right of any party to challenge the 16 propriety of discovery and/or production of materials on any grounds including, but not limited 17 to, relevance, privilege, and materiality. 18 15. This Order shall not restrict in any manner the right of any party to offer or use as 19 evidence at the trial of this Lawsuit any of the documents subject to this Confidentiality 20 Agreement and nothing contained herein shall be construed as a waiver of any objection to its 21 admissibility into evidence. 22 16. None of the restrictions set forth in this Confidentiality Agreement shall apply to 23 any documents or other information that become public knowledge by means not in violation of 24 the provisions of this Stipulation and Order for Confidentiality and Protection. 25 17. The parties or counsel for the respective parties may modify the terms of this of 26 this Stipulation and Order for Confidentiality and Protection. However, no modification by the 27 parties shall have the force or effect of a court order unless the Court approves the modification. 28 Alternatively, any party or counsel for the respective party may seek an order of this Court to 1 modify the terms of this Stipulation and Order for Confidentiality and Protection. Any motion 2 seeking such modification must be served upon all counsel of record and filed in accordance with 3 this Court’s filing procedures. 4 18. When any counsel of record in this Lawsuit or any attorney who has executed the 5 Confidentiality Agreement becomes aware of any violation of this Order, or of facts constituting 6 good cause to believe that a violation of this Order may have occurred, such attorney shall report 7 the violation of this Order to the Court and all counsel of record. 8 19. Within thirty (30) days after the termination of this Lawsuit by settlement, verdict, 9 judgment, nonsuit, dismissal or otherwise, all Confidential Material shall be returned to counsel 10 for the designating party or destroyed except as to records regularly maintained by counsel in the 11 ordinary course of business; which records will continue to be maintained as Confidential 12 Documents in conformity with this Order. 13 . . . 14 . . . 15 . . . 16 . . . 17 . . . 18 . . . REMAINDER OF THIS PAGE 19 . . . INTENTIONALLY LEFT BLANK 20 . . . 21 . . . 22 . . . 23 . . . 24 . . . 25 . . . 26 . . . 27 . . . 28 . . . 1 20. After the termination of this Lawsuit, the provisions of this Order shall continue to 2 be binding and this Court shall retain jurisdiction over the parties and any other person who has 3 access to the Confidential Material produced pursuant to this Order for the sole purpose of 4 enforcement of its provisions. 5 6 DATED: May 23 , 2025 7 8 Respectfully Submitted, BACKUS | BURDEN 9 By: /s/ Jack Burden 10 Jack P. Burden, Esq. Jacquelyn Franco, Esq. 11 3050 South Durango Drive + D Las Vegas, NV 89117 Attorneys for Defendant Albertson’s LLC

= IT IS SO STIPULATED and agreed as to the terms and conditions of this Protective Order. 8 414 5 15 /s/__ John Funk /s/___ Jack Burden 16 Marcus A. Berg, Esq. Jack P. Burden, Esq. John C. Funk, ESQ. Jacquelyn Franco, Esq. S = 7 MOSS BERG INJURY LAWYERS BACKUsS | BURDEN a 5420 West Sahara Avenue #101 3050 South Durango Drive 18 Las Vegas, Nevada 89146 Las Vegas, NV 89117 Attorneys for Plaintiff Attorneys for Defendant 19 Albertsons LLC 20 21 22 || IT ISSO ORDERED. 23 DATED: 5/27/2025 24 25 xy la we btn 26 United States Magistrate Judge 27 28

1 STIPULATED PROTECTIVE ORDER

2 CASE NO. 2:24-cv-02055-GMN-BNW 3 NON-DISCLOSURE AGREEMENT 4 5 I, ______________________________ (Print Name), being of full age, certify that I have read the 6 Stipulated Protective Order entered in the case entitled, Anna Ampey v. Albertson’s LLC, having Case No. 7 2:24-cv-02055-GMN-BNW, filed in the Eighth Judicial District Court in and for Clark County, Nevada, 8 currently sitting in the United States District Court for the District of Nevada, and agree to be bound by 9 its terms; to maintain that information designated as “Confidential and Proprietary” in confidence; not to 10 use or disclose information designated as “Confidential and Proprietary” to anyone other than counsel for 11 the parties involved in the action, parties involved in the action or any other expert or consultant that has 12 also executed the Non-Disclosure Agreement; and not to use any documents or information protected by 13 the Stipulated Protective Order except in connection with this case, provided that nothing shall prevent 14 disclosure beyond the terms of this Order if the party claiming confidentiality consents in writing prior to 15 disclosure. 16 I understand that any documents provided to me must be returned to counsel for Defendant or 17 destroyed, within thirty (30) days of the conclusion of the above-captioned litigation pursuant to the terms 18 of Paragraph 9 of the Stipulated Protective Order. 19 To effectuate my compliance with this Order, I further submit myself to the personal and subject 20 matter jurisdiction of the United States District Court in and for the District of Nevada, in this action. 21 I certify that the foregoing statements made by me are true. I am aware that if any of the 22 foregoing statements made by me are willfully false, I am subject to punishment. 23

24 ______________________ 25 Signature

26 _______________________ 27 Print Name

28 1 CERTIFICATE OF SERVICE 2 I am a resident of and employed in Clark County, Nevada. I am over the age of 18 years and not a party to the within action. My business address is: 3050 South Durango Drive, Las 3 Vegas, Nevada, 89117. 4 On , 2025, I served this document on the parties listed on the attached service 5 list via one or more of the methods of service described below as indicated next to the name of the served individual or entity by a checked box: 6 VIA U.S. MAIL: by placing a true copy thereof enclosed in a sealed envelope with postage thereon fully prepaid, in the United States mail at Las Vegas, Nevada. I am “readily familiar” 7 with the firm’s practice of collection and processing correspondence by mailing. Under that practice, it would be deposited with the U.S. Postal Service on that same day with postage 8 fully prepaid at Las Vegas, Nevada in the ordinary course of business. I am aware that on motion of the party served, service is presumed invalid if postal cancellation date or postage 9 meter date is more than one day after date of deposit for mailing an affidavit. 10 VIA FACSIMILE: by transmitting to a facsimile machine maintained by the attorney or the 11 party who has filed a written consent for such manner of service.

12 BY PERSONAL SERVICE: by personally hand-delivering or causing to be hand delivered by such designated individual whose particular duties include delivery of such on behalf of the 13 firm, addressed to the individual(s) listed, signed by such individual or his/her representative accepting on his/her behalf. A receipt of copy signed and dated by such an individual 14 confirming delivery of the document will be maintained with the document and is attached.

15 BY E-MAIL: by transmitting a copy of the document in the format to be used for attachments to the electronic-mail address designated by the attorney or the party who has filed 16 a written consent for such manner of service.

17 BY ELECTRONIC MEANS: by electronically filing and serving with the court’s vendor.

18 ATTORNEYS PARTIES METHOD OF SERVICE OF RECORD REPRESENTED 19 MARCUS A. BERG, ESQ. Plaintiff Personal service Nevada Bar No. 9760 Email service 20 [email protected] Fax service JOHN C. FUNK, ESQ. Mail service 21 Nevada Bar No. 9255 Electronic Means [email protected] 22 MOSS BERG INJURY LAWYERS 23 5420 West Sahara Avenue #101 Las Vegas, Nevada 89146 24 T: (702) 222-4555 - F: (702) 222-4556

25 I declare that under penalty of perjury under the laws of the State of Nevada that the above is true and correct. I further declare that I am employed in the office of a member of the bar of 26 this court at whose direction the service was made.

27 /s/ 28 An employee of BACKUS | BURDEN