1 GRIFFITH H. HAYES 2 Nevada Bar No. 7374 Email: ghayes@tysonmendes.com 3 NICHOLAS F. PSYK Nevada Bar No. 15983 4 Email: npsyk@tysonmendes.com 2835 St. Rose Parkway, Suite 140 5 Henderson, Nevada 89052 Telephone: (702) 724-2648 6 Facsimile: (702) 410-7684 Attorneys for Defendant Walmart Inc. 7 UNITED STATES DISTRICT COURT 8 DISTRICT OF NEVADA 9 JAMES HOLLINS, individually, Case No.: 2:24-cv-00494-CDS-DJA 10 Plaintiffs, 11 STIPULATED PROTECTIVE ORDER v. 12 WALMART INC., d/b/a WALMART, a 13 foreign corporation; and DOES I-X; and ROE BUSINESS ENTITIES XI-XX, inclusive, 14 Defendants 15 16 The parties to this action, Defendant WALMART, INC. (“WALMART” or “Defendant”) 17 and Plaintiff JAMES HOLLINS (“Plaintiff”) (collectively, the “Parties”), by their respective 18 counsel, hereby stipulate and request that the Court enter a stipulated protective order pursuant as 19 follows: 20 1. The Protective Order shall be entered pursuant to the Federal Rules of Civil 21 Procedure. 22 2. The Protective Order shall govern all materials deemed to be “Confidential 23 Information.” Such Confidential Information shall include the following: 24 (a) materials of Defendant and/or Defendant’s organizational structure; 25 (b) Any documents from the personnel, medical or workers’ compensation file 26 of any current or former employee or contractor; 27 (c) Any documents relating to the medical and/or health information of any of 28 Defendant’s current or former employees or contractors; 1 2 such as trade secrets; 3 (e) Any portions of depositions (audio or video) where Confidential 4 Information is disclosed or used as exhibits. 5 3. In the case of documents and the information contained therein, designation of 6 Confidential Information produced shall be made by (1) identifying said documents as confidential 7 in Defendant’s FRCP 26(a) disclosures and any supplements made thereto; (2) placing the 8 following legend on the face of the document and each page so designated “CONFIDENTIAL;” 9 or (3) otherwise expressly identified as confidential via written correspondence. Defendant will 10 use its best efforts to limit the number of documents designated Confidential. 11 4. Confidential Information shall be held in confidence by each qualified recipient to 12 whom it is disclosed, shall be used only for purposes of this action, shall not be used for any 13 business purpose, and shall not be disclosed to any person who is not a qualified recipient. All 14 produced Confidential Information shall be carefully maintained so as to preclude access by 15 persons who are not qualified recipients. 16 5. Qualified recipients shall include only the following: 17 (a) In-house counsel and law firms for each party and the secretarial, clerical 18 and paralegal staff of each; 19 (b) Deposition notaries and staff; 20 (c) Persons other than legal counsel who have been retained or specially 21 employed by a party as an expert witness for purposes of this lawsuit or to 22 perform investigative work or fact research; 23 (d) Deponents during the course of their depositions or potential witnesses of 24 this case; and 25 (e) The parties to this litigation, their officers and professional employees. 26 6. Each counsel shall be responsible for providing notice of the Protective Order and 27 the terms therein to persons to whom they disclose “Confidential Information,” as defined by the 28 terms of the Protective Order. 1 2 Order and advised that its breach may be punished or sanctioned as contempt of the Court. Such 3 deponents may be shown Confidential materials during their deposition but shall not be permitted 4 to keep copies of said Confidential materials nor any portion of the deposition transcript reflecting 5 the Confidential Information. 6 If either party objects to the claims that information should be deemed Confidential, that 7 party’s counsel shall inform opposing counsel in writing within thirty (30) days of receipt of the 8 Confidential materials that the information should not be so deemed, and the parties shall attempt 9 first to dispose of such disputes in good faith and on an informal basis. If the parties are unable to 10 resolve their dispute, they may present a motion to the Court objecting to such status. The 11 information shall continue to have Confidential status during the pendency of any such motion. 12 The party asserting the label of “Confidential” shall bear the burden of showing the same within 13 said motion to show why said document is entitled to such protection. 14 7. No copies of Confidential Information shall be made except by or on behalf of 15 attorneys of record, in-house counsel or the parties in this action. Any person making copies of 16 such information shall maintain all copies within their possession or the possession of those 17 entitled to access to such information under the Protective Order. 18 8. Any party that inadvertently discloses or produces in this action a document or 19 information that it considers privileged or otherwise protected from discovery, in whole or in part, 20 shall not be deemed to have waived any applicable privilege or protection by reason of such 21 disclosure or production if, within 14 days of discovering that such document or information has 22 been disclosed or produced, the producing party gives written notice to the receiving party 23 identifying the document or information in question, the asserted privileges or protection, and the 24 grounds there for, with a request that all copies of the document or information be returned or 25 destroyed. The receiving party shall return or destroy the inadvertently disclosed documents, upon 26 receipt of appropriately marked replacement documents. 27 9. The termination of this action shall not relieve the parties and persons obligated 28 hereunder from their responsibility to maintain the confidentiality of information designated 1 2 10. Within thirty (30) days of the final adjudication or resolution of this Lawsuit, the 3 party receiving Confidential Information shall destroy all Confidential Material, including all 4 copies and reproductions thereof, to counsel for the designating party. 5 11. Nothing in this Order shall be construed as an admission to the relevance, 6 authenticity, foundation or admissibility of any document, material, transcript or other information. 7 12. Nothing in the Protective Order shall be deemed to preclude any party from seeking 8 and obtaining, on an appropriate showing, a modification of this Order. 9 13. The parties acknowledge there is a presumption of public access to judicial files 10 and records and that a party seeking to file a confidential document under seal must file a motion 11 to seal and must comply with the Ninth Circuit’s directives in Kamakana v. City and County of 12 Honolulu, 447 F.3d 1172 (9th Cir. 2006) and Center for Auto Safety v. Chrysler Group, LLC, 809 13 F.3d 1092, 1097 (9th Cir. 2016). 14 14. The parties acknowledge attorneys must file documents under seal using the 15 Court’s electronic filing procedures. See Local Rule IA 10-5. Papers filed with the Court under 16 seal must be accompanied with a concurrently-filed motion for leave to file those documents under 17 seal. See Local Rule IA 10-5(a). 18 15. The parties submit the instant protective order to facilitate discovery exchanges. 19 However, the parties acknowledge there has been no showing, and the Court has not found, that 20 any specific documents are secret or confidential.
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1 GRIFFITH H. HAYES 2 Nevada Bar No. 7374 Email: ghayes@tysonmendes.com 3 NICHOLAS F. PSYK Nevada Bar No. 15983 4 Email: npsyk@tysonmendes.com 2835 St. Rose Parkway, Suite 140 5 Henderson, Nevada 89052 Telephone: (702) 724-2648 6 Facsimile: (702) 410-7684 Attorneys for Defendant Walmart Inc. 7 UNITED STATES DISTRICT COURT 8 DISTRICT OF NEVADA 9 JAMES HOLLINS, individually, Case No.: 2:24-cv-00494-CDS-DJA 10 Plaintiffs, 11 STIPULATED PROTECTIVE ORDER v. 12 WALMART INC., d/b/a WALMART, a 13 foreign corporation; and DOES I-X; and ROE BUSINESS ENTITIES XI-XX, inclusive, 14 Defendants 15 16 The parties to this action, Defendant WALMART, INC. (“WALMART” or “Defendant”) 17 and Plaintiff JAMES HOLLINS (“Plaintiff”) (collectively, the “Parties”), by their respective 18 counsel, hereby stipulate and request that the Court enter a stipulated protective order pursuant as 19 follows: 20 1. The Protective Order shall be entered pursuant to the Federal Rules of Civil 21 Procedure. 22 2. The Protective Order shall govern all materials deemed to be “Confidential 23 Information.” Such Confidential Information shall include the following: 24 (a) materials of Defendant and/or Defendant’s organizational structure; 25 (b) Any documents from the personnel, medical or workers’ compensation file 26 of any current or former employee or contractor; 27 (c) Any documents relating to the medical and/or health information of any of 28 Defendant’s current or former employees or contractors; 1 2 such as trade secrets; 3 (e) Any portions of depositions (audio or video) where Confidential 4 Information is disclosed or used as exhibits. 5 3. In the case of documents and the information contained therein, designation of 6 Confidential Information produced shall be made by (1) identifying said documents as confidential 7 in Defendant’s FRCP 26(a) disclosures and any supplements made thereto; (2) placing the 8 following legend on the face of the document and each page so designated “CONFIDENTIAL;” 9 or (3) otherwise expressly identified as confidential via written correspondence. Defendant will 10 use its best efforts to limit the number of documents designated Confidential. 11 4. Confidential Information shall be held in confidence by each qualified recipient to 12 whom it is disclosed, shall be used only for purposes of this action, shall not be used for any 13 business purpose, and shall not be disclosed to any person who is not a qualified recipient. All 14 produced Confidential Information shall be carefully maintained so as to preclude access by 15 persons who are not qualified recipients. 16 5. Qualified recipients shall include only the following: 17 (a) In-house counsel and law firms for each party and the secretarial, clerical 18 and paralegal staff of each; 19 (b) Deposition notaries and staff; 20 (c) Persons other than legal counsel who have been retained or specially 21 employed by a party as an expert witness for purposes of this lawsuit or to 22 perform investigative work or fact research; 23 (d) Deponents during the course of their depositions or potential witnesses of 24 this case; and 25 (e) The parties to this litigation, their officers and professional employees. 26 6. Each counsel shall be responsible for providing notice of the Protective Order and 27 the terms therein to persons to whom they disclose “Confidential Information,” as defined by the 28 terms of the Protective Order. 1 2 Order and advised that its breach may be punished or sanctioned as contempt of the Court. Such 3 deponents may be shown Confidential materials during their deposition but shall not be permitted 4 to keep copies of said Confidential materials nor any portion of the deposition transcript reflecting 5 the Confidential Information. 6 If either party objects to the claims that information should be deemed Confidential, that 7 party’s counsel shall inform opposing counsel in writing within thirty (30) days of receipt of the 8 Confidential materials that the information should not be so deemed, and the parties shall attempt 9 first to dispose of such disputes in good faith and on an informal basis. If the parties are unable to 10 resolve their dispute, they may present a motion to the Court objecting to such status. The 11 information shall continue to have Confidential status during the pendency of any such motion. 12 The party asserting the label of “Confidential” shall bear the burden of showing the same within 13 said motion to show why said document is entitled to such protection. 14 7. No copies of Confidential Information shall be made except by or on behalf of 15 attorneys of record, in-house counsel or the parties in this action. Any person making copies of 16 such information shall maintain all copies within their possession or the possession of those 17 entitled to access to such information under the Protective Order. 18 8. Any party that inadvertently discloses or produces in this action a document or 19 information that it considers privileged or otherwise protected from discovery, in whole or in part, 20 shall not be deemed to have waived any applicable privilege or protection by reason of such 21 disclosure or production if, within 14 days of discovering that such document or information has 22 been disclosed or produced, the producing party gives written notice to the receiving party 23 identifying the document or information in question, the asserted privileges or protection, and the 24 grounds there for, with a request that all copies of the document or information be returned or 25 destroyed. The receiving party shall return or destroy the inadvertently disclosed documents, upon 26 receipt of appropriately marked replacement documents. 27 9. The termination of this action shall not relieve the parties and persons obligated 28 hereunder from their responsibility to maintain the confidentiality of information designated 1 2 10. Within thirty (30) days of the final adjudication or resolution of this Lawsuit, the 3 party receiving Confidential Information shall destroy all Confidential Material, including all 4 copies and reproductions thereof, to counsel for the designating party. 5 11. Nothing in this Order shall be construed as an admission to the relevance, 6 authenticity, foundation or admissibility of any document, material, transcript or other information. 7 12. Nothing in the Protective Order shall be deemed to preclude any party from seeking 8 and obtaining, on an appropriate showing, a modification of this Order. 9 13. The parties acknowledge there is a presumption of public access to judicial files 10 and records and that a party seeking to file a confidential document under seal must file a motion 11 to seal and must comply with the Ninth Circuit’s directives in Kamakana v. City and County of 12 Honolulu, 447 F.3d 1172 (9th Cir. 2006) and Center for Auto Safety v. Chrysler Group, LLC, 809 13 F.3d 1092, 1097 (9th Cir. 2016). 14 14. The parties acknowledge attorneys must file documents under seal using the 15 Court’s electronic filing procedures. See Local Rule IA 10-5. Papers filed with the Court under 16 seal must be accompanied with a concurrently-filed motion for leave to file those documents under 17 seal. See Local Rule IA 10-5(a). 18 15. The parties submit the instant protective order to facilitate discovery exchanges. 19 However, the parties acknowledge there has been no showing, and the Court has not found, that 20 any specific documents are secret or confidential. The parties acknowledge that they have not yet 21 provided specific facts supported by declarations or concrete examples to establish that a protective 22 order is required to protect any specific trade secret or other confidential information pursuant to 23 Rule 26(c) or that disclosure would cause an identifiable and significant harm. 24 16. The parties acknowledge that all motions to seal shall address the standard 25 articulated in Ctr. For Auto Safety and explain why that standard has been met. 809 F.3d at 1097. 26 Specifically, a party seeking to seal judicial records bears the burden of meeting the “compelling 27 reasons” standard, as previously articulated in Kamakana. 447 F.3d 1172. Under the compelling 28 reasons standard, “a court may seal records only when it finds ‘a compelling reason and 1 2 Auto Safety, 809 F.3d at 1097. (quoting Kamakana, 447 F.3d at 1179). “The court must then 3 ‘conscientiously balance[ ] the competing interests of the public and the party who seeks to keep 4 certain judicial records secret.” Ctr. for Auto Safety, 809 F.3d at 1097. 5 There is an exception to the compelling reasons standard where a party may satisfy 6 the less exacting “good cause” standard for sealed materials attached to a discovery motion 7 unrelated to the merits of the case. Id. “The good cause language comes from Rule 26(c)(1), which 8 governs the issuance of protective orders in the discovery process: ‘The court may, for good cause, 9 issue an order to protect a party or person from annoyance, embarrassment, oppression, or undue 10 burden or expense.’” Id. (citing Fed.R.Civ.P. 26(c)). “For good cause to exist, the party seeking 11 protection bears the burden of showing specific prejudice or harm will result if no protective order 12 is granted.” Phillips v. General Motors, 307 F.3d 1206, 1210-11 (9th Cir. 2002). 13 The labels of “dispositive” and “nondispositive” will not be the determinative factor 14 for deciding which test to apply because the focal consideration is “whether the motion is more 15 than tangentially related to the merits of a case.” Ctr. for Auto Safety, 809 F.3d at 1101. 16 17. The parties acknowledge the fact that entry of the instant stipulated protective order 17 by the Court and designation of a document as confidential pursuant to this protective order does 18 not, standing alone, establish sufficient grounds to seal a filed document. See Foltz v. State Farm 19 Mut. Auto. Ins. Co., 331 F.3d 1122, 1133 (9th Cir. 2003); see also Beckman Indus., Inc. v. Int’l 20 Ins. Co., 966 F.2d 470, 476 (9th Cir. 1992). If the sole ground for a motion to seal is that the 21 opposing party (or non-party) has designated a document as confidential, the designator shall file 22 (within seven days of the filing of the motion to seal) either (1) a declaration establishing sufficient 23 justification for sealing each document at issue or (2) a notice of withdrawal of the designation(s) 24 and consent to unsealing. If neither filing is made, the Court may order the document(s) unsealed 25 without further notice. 26 /// 27 /// 28 /// 1 || Dated this 18 day of February, 2025. Dated this 18" day of February, 2025. 2 || PACIFIC WEST INJURY LAW TYSON & MENDES LLP 3 || By: _4s/ Kirill V_ Mikhaylov By: /s/ Griffith H. Hayes Kristopher M. Helmick Griffith H. Hayes 4 Nevada Bar No. 13348 Nevada Bar No. 7374 Kirill V. Mikhaylov Nicholas F. Psyk 5 Nevada Bar No. 13538 Nevada Bar No. 15983 Bohden G. Cole 2835 St. Rose Parkway, Suite 140 6 Nevada Bar No. 15719 Henderson, Nevada 89052 8180 Rafael Rivera Way, Suite 200 Attorneys for Defendant 7 Las Vegas, NV 89113 Attorneys for Plaintiff 9 10 IT IS SO ORDERED. ) 7 12 Nh () 13 DANIEL J.ALBREGTS ———— UNITED STATES MAGISTRATE JUDGE 14 15 DATED: 2/19/2025
16 17 18 19 20 21 22 23 24 25 26 27 28
From: Kirill Mikhaylov To: Nick Psyk Cec: Griffith Hayes; Heidi Brown; Stefania Rota Scalabrini; Michelle Zuniga; Bohden Cole; Claudia Corral; Olesya Frolova; Marwah Alrudaini; Alexandria Truelsen Subject: RE: Hollins v. Walmart Date: Tuesday, February 18, 2025 3:17:53 PM Attachments: image009. png You may affix my electronic signature. Kirill V. Mikhaylov, Esq. Partner Pacific West Injury Law 702-602-HURT 8180 Rafael Rivera Way, #200 Las Vegas, NV 89113
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From: Nick Psyk Sent: Tuesday, February 18, 2025 12:52 PM To: Kirill Mikhaylov Ce: Griffith Hayes ; Heidi Brown ; Stefania Rota Scalabrini ; Michelle Zuniga ; Bohden Cole ; Claudia Corral ; Olesya Frolova ; Marwah Alrudaini ; Alexandria Truelsen Subject: RE: Hollins v. Walmart
Kirill, Please find attached a draft Stipulated Protective Order for the above case. Please let me know if you have any revisions to this draft. Otherwise, please let me know if we have your permission to affix your e-signature for submission to the Court. Thank you, Nicholas Psyk Attorney 2835 St. Rose Pkwy., Suite 140
iM, = Main: 702.724.2648 Direct: 725.235.7475 Fax: 702.410.7684 ’ NPsyk@tysonmendes.com www.tysonmendes.com
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