1 JNaecvka Pd.a BSutartdee nB,a Er sNqo. . 6918 2 Jacquelyn Franco, Esq. Nevada State Bar No. 13484 3 Lisa M. Szyc, Esq. 11726 4 BACKUS | BURDEN 3050 South Durango Drive 5 Las Vegas, NV 89117 (702)872-5555 6 (702)872-5545 jburden@backuslaw.com 7 Attorneys for Defendant, 8 Albertson’s LLC 9 UNITED STATES DISTRICT COURT 10 DISTRICT OF NEVADA 11 FAYE GARCIA, individually, ) 2:24-cv-00229-ART-DJA 12 ) Plaintiff, ) 13 vs. ) STIPULATED ) PROTECTIVE ORDER 14 ALBERTSON’S LLC; DOES I through X; and ) ROE CORPORATIONS I through X, inclusive ) 15 ) 16 Defendants. ) ) 17 18 STIPULATED PROTECTIVE ORDER 19 Defendant Albertson’s LLC seeks to disclose documents that may involve trade secrets, 20 confidential research, proprietary materials, and development and/or commercial information 21 belonging to Defendant. 22 Defendant will provide these documents for inspection, review, and copying only under a 23 Protective Order upon the hereinafter stated terms and conditions. 24 All the parties are in agreement as to the terms of the said Protective Order; therefore, 25 . . . . 26 . . . . 27 . . . . 28 . . . . 1 IT IS HEREBY ORDERED: 2 1. Defendant will disclose documents that it designates “Confidential and Proprietary” 3 (meaning they may involve trade secrets, confidential research, proprietary research, proprietary 4 materials and/or development and/or commercial information) to the parties to this suit and their 5 attorneys, only pursuant to this Order and under the conditions that follow. With respect to said 6 documents being designated as “Confidential and Proprietary,” Defendant bears the burden of 7 showing good cause why the document contains information which may be set forth in a log 8 and/or set forth in Defendant’s disclosure of documents. In designating information or items 9 marked for protection under this Order, Defendant must take care to limit any such designation to 10 specific material that qualifies under the appropriate standards. 11 2. Any and all of the aforesaid material disclosed by Defendant and the contents 12 thereof shall be maintained in confidence by counsel for Plaintiff. After their production, the 13 aforesaid materials shall maintain protection and must fully comply with the provisions below. 14 3. Any and all of the aforesaid materials disclosed by Defendant and the contents 15 thereof shall be used only in connection with the above-captioned matter and shall not be used for 16 any other purpose whatsoever. 17 4. No person who examines any document produced pursuant to this Order shall 18 disseminate orally, in writing, or by any other means, the document(s) of the information 19 contained therein, to any other person not also authorized to examine documents under the terms 20 of this order. Persons authorized to examine documents include counsel, counsel’s staff, the 21 parties, experts, deponents, court reporters/videographers, the Court, and Court staff. 22 5. Counsel for Plaintiff may permit Plaintiff or any expert(s) or consultant(s) hired by 23 Plaintiff to review the documents subject to this Protective Order, but counsel for Plaintiff must 24 first obtain from Plaintiff’s said expert(s) and/or consultant(s) a written statement confirming their 25 agreement to comply with every element of this Protective order. A copy of this Non-Disclosure 26 Agreement is attached hereto at Exhibit A. Plaintiff and said experts shall agree that the 27 documents and the contents thereof shall not be disclosed to any other person or entity and said 28 documents shall not be photocopied or reproduced by any means, except for use in association 1 with this litigation. Any documents provided to experts or consultants must be returned to counsel 2 for Defendant or destroyed within thirty (30) days of the conclusion of the above-captioned 3 litigation pursuant to the terms of paragraph 9 below. Both consulting and testifying experts may 4 review the documents in accordance with the terms of this paragraph, which paragraph does not 5 alter the applicable disclosure requirements and/or privileges. 6 6. Notwithstanding the foregoing provisions, this Order shall be without prejudice to 7 the right of any party to challenge the propriety of discovery on any grounds, including but not 8 limited to, relevance, privilege, and materiality. 9 7. Notwithstanding the foregoing provisions, this Order shall not restrict in any 10 manner the right of any party to offer or use as evidence at the trial of this action any of the 11 documents subject to this Protective Order, and nothing contained herein shall be construed as a 12 waiver of any objection which might be raised as to the admissibility of any evidentiary material. 13 8. If a party challenges the designation of any disclosure marked “Confidential and 14 Proprietary” pursuant to this Protective Order, the challenging party shall provide the designating 15 party written notice of any such challenge and shall identify in such notice the bates number of the 16 documents and/or the deposition transcript at issue. The parties shall make good faith efforts to 17 resolve the dispute. The party defending the designation shall have the burden to demonstrate to 18 the Court that the designation is proper under this Protective Order. If an agreement is not reached, 19 counsel for the designating party will file a motion to preserve the confidentiality designation. The 20 burden of proof to demonstrate confidential treatment of any information at all times remains with 21 the designating party. The confidential information in controversy shall not be disclosed or 22 declassified until required by the Court upon written order, or as agreed in writing by the party 23 who designated the information. If the Court determines that the designation or challenge to such 24 designation was made in bad faith, it may award sanctions. 25 9. Upon written request made by Defendant, within thirty (30) days after the 26 conclusion of this lawsuit, by settlement, a jury verdict, nonsuit, dismissal by judicial order or 27 otherwise, all Defendant’s materials and documents, including any and all copies, or renditions 28 made from the materials, must be returned to counsel for Defendant or destroyed within thirty (30) 1 days of the conclusion of the above captioned litigation. Conclusion of the above captioned 2 litigation will include, for purposes of paragraph 9 of this Order, any and all post-trial motions, 3 proceedings, and adjudications. 4 10. The parties shall separately confer regarding the use of Confidential Material at 5 trial and at any hearing, and to the extent an agreement cannot be reached, the Court shall 6 intervene. A party seeking to file a confidential document, with any appropriate redactions, under 7 seal must file a motion to seal and must comply with the Ninth Circuit’s directives in Kamakana v. 8 City of Honolulu, 447 F.3d 1172 (9th Cir. 2006) and Pintos v. Pacific Creditors Association, 605 9 F.3d 665, 678 (9th Cir. 2010). Documents must be filed under seal using the Court’s electronic 10 filing procedures. See Local Rule IA 10-5. Papers filed with the Court under seal must be 11 accompanied with a concurrently filed motion for leave to file those documents under seal. See 12 Local Rule IA 10-5(a). 13 11. This order does not establish that any documents have been established as 14 confidential and/or secret/proprietary. The parties acknowledge that there is a presumption of 15 public access to judicial files and records, and that parties seeking to maintain the confidentiality 16 of documents attached to motions filed with the Court must show good cause to overcome this 17 presumption. See Kamakana 447 F. 3d at 1179. 18 12. The parties understand that the Court will maintain the Confidential Material it 19 receives pursuant to paragraph 9 above under seal in accordance with the local and governing laws 20 and rules. 21 22 23 24 25 . . . . 26 . . . . 27 . . . . 28 . . . . 1 2:24-cv-00229-ART-DJA 2 3 13.
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1 JNaecvka Pd.a BSutartdee nB,a Er sNqo. . 6918 2 Jacquelyn Franco, Esq. Nevada State Bar No. 13484 3 Lisa M. Szyc, Esq. 11726 4 BACKUS | BURDEN 3050 South Durango Drive 5 Las Vegas, NV 89117 (702)872-5555 6 (702)872-5545 jburden@backuslaw.com 7 Attorneys for Defendant, 8 Albertson’s LLC 9 UNITED STATES DISTRICT COURT 10 DISTRICT OF NEVADA 11 FAYE GARCIA, individually, ) 2:24-cv-00229-ART-DJA 12 ) Plaintiff, ) 13 vs. ) STIPULATED ) PROTECTIVE ORDER 14 ALBERTSON’S LLC; DOES I through X; and ) ROE CORPORATIONS I through X, inclusive ) 15 ) 16 Defendants. ) ) 17 18 STIPULATED PROTECTIVE ORDER 19 Defendant Albertson’s LLC seeks to disclose documents that may involve trade secrets, 20 confidential research, proprietary materials, and development and/or commercial information 21 belonging to Defendant. 22 Defendant will provide these documents for inspection, review, and copying only under a 23 Protective Order upon the hereinafter stated terms and conditions. 24 All the parties are in agreement as to the terms of the said Protective Order; therefore, 25 . . . . 26 . . . . 27 . . . . 28 . . . . 1 IT IS HEREBY ORDERED: 2 1. Defendant will disclose documents that it designates “Confidential and Proprietary” 3 (meaning they may involve trade secrets, confidential research, proprietary research, proprietary 4 materials and/or development and/or commercial information) to the parties to this suit and their 5 attorneys, only pursuant to this Order and under the conditions that follow. With respect to said 6 documents being designated as “Confidential and Proprietary,” Defendant bears the burden of 7 showing good cause why the document contains information which may be set forth in a log 8 and/or set forth in Defendant’s disclosure of documents. In designating information or items 9 marked for protection under this Order, Defendant must take care to limit any such designation to 10 specific material that qualifies under the appropriate standards. 11 2. Any and all of the aforesaid material disclosed by Defendant and the contents 12 thereof shall be maintained in confidence by counsel for Plaintiff. After their production, the 13 aforesaid materials shall maintain protection and must fully comply with the provisions below. 14 3. Any and all of the aforesaid materials disclosed by Defendant and the contents 15 thereof shall be used only in connection with the above-captioned matter and shall not be used for 16 any other purpose whatsoever. 17 4. No person who examines any document produced pursuant to this Order shall 18 disseminate orally, in writing, or by any other means, the document(s) of the information 19 contained therein, to any other person not also authorized to examine documents under the terms 20 of this order. Persons authorized to examine documents include counsel, counsel’s staff, the 21 parties, experts, deponents, court reporters/videographers, the Court, and Court staff. 22 5. Counsel for Plaintiff may permit Plaintiff or any expert(s) or consultant(s) hired by 23 Plaintiff to review the documents subject to this Protective Order, but counsel for Plaintiff must 24 first obtain from Plaintiff’s said expert(s) and/or consultant(s) a written statement confirming their 25 agreement to comply with every element of this Protective order. A copy of this Non-Disclosure 26 Agreement is attached hereto at Exhibit A. Plaintiff and said experts shall agree that the 27 documents and the contents thereof shall not be disclosed to any other person or entity and said 28 documents shall not be photocopied or reproduced by any means, except for use in association 1 with this litigation. Any documents provided to experts or consultants must be returned to counsel 2 for Defendant or destroyed within thirty (30) days of the conclusion of the above-captioned 3 litigation pursuant to the terms of paragraph 9 below. Both consulting and testifying experts may 4 review the documents in accordance with the terms of this paragraph, which paragraph does not 5 alter the applicable disclosure requirements and/or privileges. 6 6. Notwithstanding the foregoing provisions, this Order shall be without prejudice to 7 the right of any party to challenge the propriety of discovery on any grounds, including but not 8 limited to, relevance, privilege, and materiality. 9 7. Notwithstanding the foregoing provisions, this Order shall not restrict in any 10 manner the right of any party to offer or use as evidence at the trial of this action any of the 11 documents subject to this Protective Order, and nothing contained herein shall be construed as a 12 waiver of any objection which might be raised as to the admissibility of any evidentiary material. 13 8. If a party challenges the designation of any disclosure marked “Confidential and 14 Proprietary” pursuant to this Protective Order, the challenging party shall provide the designating 15 party written notice of any such challenge and shall identify in such notice the bates number of the 16 documents and/or the deposition transcript at issue. The parties shall make good faith efforts to 17 resolve the dispute. The party defending the designation shall have the burden to demonstrate to 18 the Court that the designation is proper under this Protective Order. If an agreement is not reached, 19 counsel for the designating party will file a motion to preserve the confidentiality designation. The 20 burden of proof to demonstrate confidential treatment of any information at all times remains with 21 the designating party. The confidential information in controversy shall not be disclosed or 22 declassified until required by the Court upon written order, or as agreed in writing by the party 23 who designated the information. If the Court determines that the designation or challenge to such 24 designation was made in bad faith, it may award sanctions. 25 9. Upon written request made by Defendant, within thirty (30) days after the 26 conclusion of this lawsuit, by settlement, a jury verdict, nonsuit, dismissal by judicial order or 27 otherwise, all Defendant’s materials and documents, including any and all copies, or renditions 28 made from the materials, must be returned to counsel for Defendant or destroyed within thirty (30) 1 days of the conclusion of the above captioned litigation. Conclusion of the above captioned 2 litigation will include, for purposes of paragraph 9 of this Order, any and all post-trial motions, 3 proceedings, and adjudications. 4 10. The parties shall separately confer regarding the use of Confidential Material at 5 trial and at any hearing, and to the extent an agreement cannot be reached, the Court shall 6 intervene. A party seeking to file a confidential document, with any appropriate redactions, under 7 seal must file a motion to seal and must comply with the Ninth Circuit’s directives in Kamakana v. 8 City of Honolulu, 447 F.3d 1172 (9th Cir. 2006) and Pintos v. Pacific Creditors Association, 605 9 F.3d 665, 678 (9th Cir. 2010). Documents must be filed under seal using the Court’s electronic 10 filing procedures. See Local Rule IA 10-5. Papers filed with the Court under seal must be 11 accompanied with a concurrently filed motion for leave to file those documents under seal. See 12 Local Rule IA 10-5(a). 13 11. This order does not establish that any documents have been established as 14 confidential and/or secret/proprietary. The parties acknowledge that there is a presumption of 15 public access to judicial files and records, and that parties seeking to maintain the confidentiality 16 of documents attached to motions filed with the Court must show good cause to overcome this 17 presumption. See Kamakana 447 F. 3d at 1179. 18 12. The parties understand that the Court will maintain the Confidential Material it 19 receives pursuant to paragraph 9 above under seal in accordance with the local and governing laws 20 and rules. 21 22 23 24 25 . . . . 26 . . . . 27 . . . . 28 . . . . 1 2:24-cv-00229-ART-DJA 2 3 13. A breach of the terms of this Order shall entitle counsel for Defendant to 4 appropriate sanctions, including but not limited to attorney’s fees and costs incurred in the 5 || enforcement of this Order. 6 7 IT IS SO STIPULATED and agreed as to the terms and conditions of this Protective 8 || Order 9 10 11 || DATED this 20" day of May, 2024. DATED this 20" day of May, 2024. + GOLIGHTLY & VANNAH, PLLC BACKUS | BURDEN 12 ne = 13 By: /s/ John B. Greene By: /s/ Jacquelyn Franco 14 ROBERT D. VANNAH, ESQ. JACK P. BURDEN, ESQ. a 5 JOHN B. GREENE, ESQ. JACQUELYN FRANCO, ESQ. 5 15 400 S. Seventh Street, 4th Floor 3050 South Durango Drive Las Vegas, Nevada 89101 Las Vegas, NV 89117 Attorneys for Plaintiff Garcia Attorneys for Defendant Albertson’s LLC ata ys
= 18 19 20 IT IS SO ORDERED. 71 DATED: 5/21/2024 22 ) _ _ 23 □ XM DANIEL J. ALBREGTS UNITED STATES MAGISTRATE JUDGE 25 26 27 28
1 EXHIBIT A 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 STIPULATED PROTECTIVE ORDER 2 CASE NO. 2:24-cv-00229-ART-DJA 3 NON-DISCLOSURE AGREEMENT 4 I, _______________ (Print Name), being of full age, certify that I have read the Stipulated 5 Protective Order entered in the case entitled, Faye Garcia v. Albertson’s LLC, having Case No. 6 2:24-cv-00229-ART-DJA, filed in the Eighth Judicial District Court in and for Clark County, 7 Nevada; currently sitting in the United States District Court for the District of Nevada, and agree 8 to be bound by its terms; to maintain that information designated as “Confidential and 9 Proprietary” in confidence; not to use or disclose information designated as “Confidential and 10 Proprietary” to anyone other than counsel for the parties involved in the action, parties involved in 11 the action or any other expert or consultant that has also executed the Non-Disclosure Agreement; 12 and not to use any documents or information protected by the Stipulated Protective Order except 13 in connection with this case, provided that nothing shall prevent disclosure beyond the terms of 14 this Order if the party claiming confidentiality consents in writing prior to disclosure. 15 I understand that any documents provided to me must be returned to counsel for 16 Defendant or destroyed, within thirty (30) days of the conclusion of the above-captioned 17 litigation pursuant to the terms of Paragraph 9 of the Stipulated Protective Order. Conclusion of 18 the above-captioned litigation shall include any and all post-trial motions, proceedings, and 19 adjudications. 20 To effectuate my compliance with this Order, I further submit myself to the personal and 21 subject matter jurisdiction of the United States District Court for the District of Nevada, in this 22 action. 23 I certify that the foregoing statements made by me are true. I am aware that if any of the 24 foregoing statements made by me are willfully false, I am subject to punishment. 25 26 __________________ __________________________ 27 Signature Print Name 28