1 LEW BRANDON, JR., ESQ. Nevada Bar No. 5880 2 || RYAN VENCI, ESQ. 3 Nevada Bar No. 7547 KRISTEN MOLLOY, ESQ. 4 Nevada Bar No. 14927 BRANDON | SMERBER LAW FIRM 5 139 E. Warm Springs Road = & Las Vegas, Nevada 89119 (702) 380-0007 2k 7 (702) 380-2964 — facsimile ae 8 |. [email protected] 8 |/[email protected] g || &:[email protected] = = Attorneys for Defendant, = = 10 || ALBERTSON'S, LLC a UNITED STATES DISTRICT COURT z= ill DISTRICT OF NEVADA ~ 2 TOMMIE JETT, individually, CASE NO.: 2:25-cv-00476-GMN-BNW 13 Plaintiff, 14 vs. 15 = = 16 ALBERTSON’S LLC; ALBERTSON’S Yr INC.; ALBERTSON’S STORES SUB, 7 17 LLC; and DOES I-X and ROES IX-XX,

18 Defendants. 19 5 STIPULATION AND ORDER REGARDING AGREED PROTECTIVE ORDER 20 41 COMES NOW, Defendant, ALBERTSONS, LLC, by and through its attorneys of recor 9) || LEW BRANDON, JR., ESQ., RYAN VENCI, ESQ., and KRISTEN MOLLOY, □□□□□ | 23 || BRANDON | SMERBER LAW FIRM and Plaintiff, TOMMIE JETT, by and through h 24 attorneys, NIHAT DENIZ BAYRAMOGLJU, ESQ. and TERRY WIKE, ESQ. of BAY LA’ 25 INJURY ATTORNEYS and request an Order as follows: 26 /// 27 28

1 PURPOSE OF THIS PROTECTIVE ORDER 2 The purpose of this Stipulated Protective Order is to provide a means for limiting acce to and use and disclosure of Confidential Documents or Information produced in this action. Ar unauthorized disclosure of Confidential Documents or Information in violation of this Order m:

+ 6 be subject to discipline by the contempt powers of this United States District Court for the Distri

7 of Nevada. : 8 CONFIDENTIALITY AGREEMENT AND PROTECTIVE ORDER : 1. All production and disclosure of information designated as CONFIDENTIAL, TRAD SECRET, or SUBJECT TO PROTECTIVE ORDER, by either party during this litigation she b be governed by this Order, including, but not limited to, information contained in or derived fro 13. || documents, deposition testimony, deposition exhibits, trial testimony, computer memory | 14 || archives, other written, recorded or graphic matter, and all copies, excerpts, or summaries there = > 1S (collectively, “information”). Yr = . 2. Information subject to this Protective Order shall be designated CONFIDENTIA: 7 ig TRADE SECRET, or SUBJECT TO PROTECTIVE ORDER by the producing party by stampir x ~ 19 || “CONFIDENTIAL,” “TRADE SECRET,” or otherwise indicating confidentiality, trade secret 7. 20 || produced subject to this Protective Order, as appropriate, on the face of a single-page documer 71 || on at least the initial page of a multi-page document, and in a prominent location on the exteri of any tangible object or on the pleadings itself. Any electronically stored information may | designated as CONFIDENTIAL, TRADE SECRET, or SUBJECT TO PROTECTIVE ORDE

35 || through a correspondence providing the media and a hard copy or printout shall be treated | 26 || protected material of the same designation. The designation may only be made after a good fai 27 || review by counsel of record. Counsel must also, when seeking to seal a judicial record, comp 28

1 with the “compelling reasons” standard which was set forth in Kamakana v. City and County . 2 || Honolulu,

(9th Cir. 2006). ° 3. If any party believes documents produced by another party contain information whi should be subject to this protective order after a good faith review by his/her/its counsel of recor

+ 6 that party shall provide written notice to all counsel of any documents designated | = 2 7 ||CONFIDENTIAL, TRADE SECRET, or SUBJECT TO PROTECTIVE ORDER no later thi 8 thirty-five (35) days after disclosure of the documents. : 4. With respect to deposition testimony, a party may, either on the record at the depositic or by written notice to counsel for the other party no later than thirty-five (35) days after recei b of the transcript of said deposition, designate portions of testimony as CONFIDENTIAL, TRAD 13. || SECRET, or SUBJECT TO PROTECTIVE ORDER. All testimony, regardless of wheth 14 || designated as CONFIDENTIAL, TRADE SECRET, or SUBJECT TO PROTECTIVE ORDE = > IS on the record, shall be treated as CONFIDENTIAL, TRADE SECRET, or SUBJECT T Yr = . PROTECTIVE ORDER until thirty-five (35) days after receipt of the transcript of said depositic 7 ig by all parties. Certain depositions may, in their entirety, be designated CONFIDENTIAL, TRAD x ~ 19 || SECRET, or SUBJECT TO PROTECTIVE ORDER prior to being taken because of tl 7. 20 || anticipated testimony. Furthermore, any document designated as CONFIDENTIAL, TRAD 71 SECRET, or SUBJECT TO PROTECTIVE ORDER shall maintain that designation and tl protections afforded thereto if introduced or discussed during a deposition. 5. The inadvertent or unintentional disclosure by either party of information considered

95 || be CONFIDENTIAL, TRADE SECRET, or SUBJECT TO PROTECTIVE ORDER shall n 26 || be deemed a waiver in whole or in part of the claim of protection pursuant to this Protective Orde 27 || either as to the specific information disclosed or as to any other information relating thereto. A1 8 such inadvertently or unintentionally disclosed information shall be designated

1 CONFIDENTIAL, TRADE SECRET, or SUBJECT TO PROTECTIVE ORDER as soon | 2 reasonably practicable after the disclosing party becomes aware of the erroneous disclosu and shall thereafter be treated as such by all receiving persons absent re- designation pursuant Court order. Upon receipt of the properly designated documents, the recipient must return □

+ 6 destroy the non-designated set within three (3) days. If the recipient destroys the documents, the

7 the recipient must provide written certification of the destruction to the producer of tl 8 information within three (3) days of receipt of the properly designated □□□□□□□□□□ : addition, the production or disclosure by either party of an attorney-client privileged, □□□□□□□ work product, or other protected document or information, whether inadvertent or otherwise, she b not be deemed a waiver of the privilege, work product, or other protection or immunity fro 13 || discovery. If any party becomes aware of the production or disclosure of such protect 14 || information by the other party, that party shall provide written notice of such production | = > 'S || disclosure within three (3) days after it becomes aware that protected information has bes Yr = . disclosed or produced. 7 18 6. When information which is CONFIDENTIAL, TRADE SECRET, or SUBJECT TC x ~ 19 || PROTECTIVE ORDER is presented, quoted or referenced in any deposition, hearing, trial o 7. 20 || other proceeding, counsel for the offering party shall make arrangements or, when appropriate 71 request the Court to make arrangements, to ensure that only persons entitled to such □□□□□□□□□□□ ra * pursuant to Paragraph 9 are present during such presentation, quotation or reference. 7. Subject to the requirements of Paragraph 10 of this Agreement, no person receivins 25 information designated as CONFIDENTIAL, TRADE SECRET, or SUBJECT TC 26 || PROTECTIVE ORDER shall disclose it or its contents to any person other than those describec 27 lin Paragraph 8 below; no such disclosure shall be made for any purposes other than □□□□ 8 specified in that paragraph; and in no event shall such person make any other use of sucl

1 information. Counsel shall be responsible for obtaining prior written agreement to be bound tc 2 the terms of this Agreement from all persons to whom any information so designated 1: disclosed, and shall be responsible for maintaining a list of all persons to whom any informatiot so designated is disclosed and, for good cause shown, such list shall be available for inspectiot

+ 6 by the other party upon order of the Court; provided, however, that the requirements of thi:

7 sentence shall not apply to disclosures made pursuant to Paragraphs 9(h) and/or 11 of thi: 8 Protective Order. : 8. Except as agreed by the disclosing party or as otherwise provided herein, including Paragraphs 9(h) and 11 of this Protective Order, information designated as CONFIDENTIA b TRADE SECRET, or SUBJECT TO PROTECTIVE ORDER shall (1) only be used in tl 13. || preparation for trial and/or any appeal of this Action and (2) be maintained in confidence by tl 14 || party(ies) to whom it is produced and not disclosed by such party(ies) except to persons entitl = > 'S |! to access thereto pursuant to Paragraph 8 below. Except as provided in Paragraphs 9(h) and 11. DY = . this Protective Order, information which is CONFIDENTIAL, TRADE SECRET, or SUBJEC 7 ig TO PROTECTIVE ORDER may not be used by any person receiving such material for ar x ~ 19 || business or competitive purpose or for use in matters other than this lawsuit, including oth 7. 20 || matters involving the parties. 21 9. Information designated as CONFIDENTIAL, TRADE SECRET, or SUBJECT T PROTECTIVE ORDER shall be disclosed only to the following persons: (a) attorneys actively working on or supervising the work on this case; 25 (b) persons regularly employed or associated with the attorneys actively working « 26 || this case whose assistance is required by said attorneys in the preparation for trial, at trial, or 27 || other proceedings in this case; 8 (c) the parties, including designated representatives and counsel for the entity defendar

1 (d) expert witnesses and consultants retained in connection with this proceeding, to tl 2 extent such disclosure is necessary for preparation, trial or other proceedings in this case and tl expert or consultant has signed a written acknowledgement attached as Exhibit A; (e) the Court and its employees (“Court Personnel”);

+ 6 (f) stenographic and video reporters who are engaged in proceedings necessari

7 incident to the conduct of this action; 8 (g) | deponents, witnesses, or potential witnesses, who have first-hand knowledge of tl : document and have signed a written acknowledgment attached as Exhibit A; (h) the Nevada Division of Insurance, law enforcement officers, and/or other governme b agencies, as permitted or required by applicable state and federal law including, but not limite 13. || to, NRS 686A.283 to NRS 686A.289, inclusively; 14 (1) a jury involve in litigation concerning the claims and any defenses to any claims IS this lawsuit; ZZ Yr = (j) anyone as otherwise required by law; ig (k) as authorized by the parties specifically; and x ~ 19 (1) other persons by written agreement of the parties when the person has signed 7. 20 || written acknowledgement attached as Exhibit A. a1 10. Subject to Paragraph 11 of this Protective Order, the recipient of any informatic ra * designated CONFIDENTIAL, TRADE SECRET, or SUBJECT TO PROTECTIVE ORDE pursuant to this Agreement shall maintain information in a secure and safe area and shall exerci:

35 || due and proper care with respect to the storage, custody and use of all such information. 26 11. Nothing in this Protective Order disallows any party’s insurance company 27 |) maintenance or use of information and documents in or pursuant to: its electronic claim syster 8 the privacy requirements of the Nevada Division of Insurance and other applicable sta

1 and federal laws; the records retention requirements of the Nevada Division of Insurance, tl 2 || Nevada Rules of Professional Conduct, or other applicable state and federal laws; its recor retention practices; and any written Court Order. Further, nothing in this Protective Ord disallows reporting of information by the insurer as permitted and/or required by applicable sta

+ 6 and federal law, including NRS 686A.283 to NRS 686A.289, inclusively, including reporting

7 Insurance Services Office, Inc. 8 12. Either party may, at any time during the pendency of this lawsuit, request from tl : disclosing party, in writing, the release of information designated as CONFIDENTIAL, TRAD SECRET, or SUBJECT TO PROTECTIVE ORDER from the requirements of the terms ar b provisions of this Protective Order. Upon receipt of such request, counsel for the producing par 13. || shall attempt to meet and confer. Ifthe parties are unable to agree with the protected designatic 14 || of a disclosure, the disclosing party may, within thirty (30) days of the meet-and- confer, file = > 'S || motion with the Court to maintain the disputed designation. During the pendency of such Yr = . motion, the disclosing party’s designation will remain in force. Should the disclosing party n 7 18 seek protection from the Court within thirty (30) days of the meet-and-confer, the protect x ~ 19 || designation will be withdrawn. In the event a motion for protection is filed, all burdens 7. 20 || demonstrate good cause for a protected designation shall remain with the disclosing part 71 Nothing in this Protective Order shall preclude any party from responding to a valid issued subpoena, provided, however, that the party responding to the subpoena shall provic written notice of such subpoena to the attorney of the party that originally produced the documen

35 || within three (3) days of receipt of a subpoena, which seeks production or disclosure of tl 26 ||information which is designated CONFIDENTIAL, TRADE SECRET, or SUBJECT T 27 ||PROTECTIVE ORDER. Production or disclosure of information which is designate 28

1 CONFIDENTIAL, TRADE SECRET, or SUBJECT TO PROTECTIVE ORDER may not oce 2 until the deadline set forth in a validly issued subpoena, absent agreement of the parties. ° 13. Nothing in this Protective Order shall be construed as a limitation on the use | evidence in a submission to the Court or at trial, subject to such confidentiality provisions as

+ 6 be ordered by the Court. However, prior to utilizing or filing a document which is designate

= 2 7 CONFIDENTIAL, TRADE SECRET, or SUBJECT TO PROTECTIVE ORDER, the par 8 intending to utilize the document must provide notice to the party that originally produced tl : document. The party that originally produced the document may request that the document | filed with restricted access or under seal. Furthermore, any party shall have the right to reque b that any hearing or portions thereof be conducted in camera. The Court shall retain jurisdiction 13. || modify the terms of this Protective Order. 14 14. The obligations of this Protective Order shall survive the termination of this action at = > 'S || continue to bind the parties and their counsel. The Court will have continuing jurisdiction Yr = . enforce this Protective Order irrespective of the manner in which this action is terminated. 7 18 15. Within thirty-five (35) days of the final determination of this action, each party wl x ~ 19 || has received information designated CONFIDENTIAL, TRADE SECRET, or SUBJECT T 7. 20 || PROTECTIVE ORDER, except for the Court when it has retained information under seal whic 21 |! shall remain sealed unless the Court enters an order unsealing it pursuant to LR IA □□□□□ shall | obligated to return the same, including any copies, or to destroy such information and certify th it has been destroyed, except that the recipient need not destroy or return transcripts of □□□□□□□□□□ 35 || and materials filed with the Court, and party may retain one archival copy of all pleadings in tl 26 || action, regardless of whether such pleadings (including appendices) contain or refer □ 27 || information designated CONFIDENTIAL, TRADE SECRET, or SUBJECT TO PROTECTIV 8 ORDER; provided, however, that the requirements of this Paragraph are subject to tl

1 requirements of Paragraphs 9(h) and 11 of this Protective Order and to the routine busine 2 practices of any party’s insurer, and also subject to the regular business practices f maintenance and destruction of client files by the parties’ counsel. Within seven (7) days. the final determination of this action, counsel of record who has provided information □□□□□□□□□

= & CONFIDENTIAL, TRADE SECRET, or SUBJECT TO PROTECTIVE ORDER to oth

7 individuals must inform those individuals that the matter has reached final determination ar 8 remind them of the return or destruction obligation. To the extent that this Protective Ord : requires the destruction or return of documents at the conclusion of this case this requirement not intended to require any party’s insurer to return or destroy any documents that it is □□□□□□□□ b required by law to maintain. B 16. This Protective Order may be modified by the Court at any time for good cause show 14 || following notice to all parties and an opportunity for them to be heard. = > 1S 17. Nothing in this Protective Order shall prohibit any party from filing a motion seekit Yr = . further or different protection from the Court, or from filing a motion with respect to the mann 7 ig in which the information designated CONFIDENTIAL, TRADE SECRET, or SUBJECT T x ~ 19 || PROTECTIVE ORDER shall be treated at trial. 7. 20 |/// 21 pe 22 /// 23 24 a5 |f/// 26 27 WNT // 28

1 18. Any party wishing to use any CONFIDENTIAL, TRADE SECRET, or SUBJECT T 2 PROTECTIVE ORDER information or document in any brief, memorandum, motion, affidav or other paper filed with the Court shall file the document under seal and in accordance with tl Federal Rules of Civil Procedure, LR IA 10-5, and the compelling reasons standard set forth + 6 Kamakana, 447 F.3d at 1178-1179. Specifically, for dispositive motions, if a party seeks □

7 maintain the secrecy of an attached document/exhibit, the party must meet the compelling □□□□□□ 8 standard. For non-dispositive motions, a showing of good cause pursuant to FRCP 26(c) will sufficient to keep attached documents/exhibits secret. = ES IT IS SO STIPULATED. D DATED this 25th day of September 2025. DATED this 25th day of September 2025. !3 || BRANDON | SMERBER LAW FIRM BAY LAW INJURY ATTORNEYS 14 /s/ Kristen Molloy, Esq. /s/__Terry L. Wike, Esq. 15 || LEW BRANDON, JR., ESQ. NIHAT DENIZ BAYRAMOGLJU, ESQ. => s Nevada Bar No. 5880 Nevada Bar No. 14030 & 16 || RYAN VENCI, ESQ. TERRY L. WIKE, ESQ. = 7 Nevada Bar No. 7547 Nevada Bar No. 7211 KRISTEN MOLLOY, ESQ. 1540 W. Warm Springs Rd., Ste. 110 Z. < Nevada Bar No. 14927 Henderson, NV 89014 © 139 E. Warm Springs Road Attorneys for Plaintiff, 19 || Las Vegas, Nevada 89119 TOMMIE JETT 7. 70 Attorneys for Defendant, ALBERTSONS, LLC S 21 ORDER pe 22 IT IS SO ORDERED 23 4 Dated this 26th day of _ September , 2025. 25 6 LK gn Les Use □ 7 UNITED STATES MAGISTRATE JUDGE 28

1 EXHIBIT A — AGREEMENT TO BE BOUND BY PROTECTIVE ORDER 2 The undersigned, , hereby acknowledges receipt of th certain STIPULATED CONFIDENTIALITY AGREEMENT AND PROTECTIV ORDER entered in Jett v. Albertsons, LLC., et al., Case No. 2:25-cv-00476-GMN-BNW of tl + 6 United States District Court for the District of Nevada. I have reviewed th

~ 2 7 CONFIDENTIALITY AGREEMENT AND PROTECTIVE ORDER and hereby agree to | = 8 |! bound by the terms thereof.

= ES Date:

~ 12 3 By: 14 = 15 Zz 16 NE — 7 17 15 Orn a 19 7. 20 S 21 pe 22 23 24 25 26 27 28