1 GRIFFITH H. HAYES 2 Nevada Bar No. 7374 TYRUS O. COBB 3 Nevada Bar No. 8031 GRANT Email(s): ghayes@tysonmendes.com 4 tcobb@tysonmendes.com 2835 St. Rose Pkwy., Suite 140 5 Henderson, NV 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 RAMEAKA OATIES, an individual, Case No. 2:26-cv-00491-CDS-DJA 10 Plaintiff, 11 STIPULATED PROTECTIVE ORDER vs. 12 WALMART, INC., a foreign Corporation; 13 DOES 1-20; and ROE BUSINESS ENTITIES 1- 20, inclusive, 14 Defendants. 15
16 The parties to this action, Defendant WALMART, INC. (“WALMART” or “Defendant”) 17 and Plaintiff RAMEAKA OATIES (“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 1 2 Persons to whom confidential information is shown shall be informed of the terms of this 3 Order and advised that its breach may be punished or sanctioned as contempt of the Court. Such 4 deponents may be shown Confidential materials during their deposition but shall not be permitted 5 to keep copies of said Confidential materials nor any portion of the deposition transcript reflecting 6 the Confidential Information. 7 If either party objects to the claims that information should be deemed Confidential, that 8 party’s counsel shall inform opposing counsel in writing within thirty (30) days of receipt of the 9 Confidential materials that the information should not be so deemed, and the parties shall attempt 10 first to dispose of such disputes in good faith and on an informal basis. If the parties are unable to 11 resolve their dispute, the producing party shall present a motion to the Court to determine the 12 status. The information shall continue to have Confidential status during the pendency of any such 13 motion. The party asserting the label of “Confidential” shall bear the burden of showing the same 14 within said motion to show why said document is entitled to such protection. 15 7. No copies of Confidential Information shall be made except by or on behalf of 16 attorneys of record, in-house counsel or the parties in this action. Any person making copies of 17 such information shall maintain all copies within their possession or the possession of those 18 entitled to access to such information under the Protective Order. 19 8. Any party that inadvertently discloses or produces in this action a document or 20 information that it considers privileged or otherwise protected from discovery, in whole or in part, 21 shall not be deemed to have waived any applicable privilege or protection by reason of such 22 disclosure or production if, within 14 days of discovering that such document or information has 23 been disclosed or produced, the producing party gives written notice to the receiving party 24 identifying the document or information in question, the asserted privileges or protection, and the 25 grounds there for, with a request that all copies of the document or information be returned or 26 destroyed. The receiving party shall return or destroy the inadvertently disclosed documents, upon 27 receipt of appropriately marked replacement documents. 28 1 2 hereunder from their responsibility to maintain the confidentiality of information designated 3 confidential pursuant to this Order. 4 10. Within thirty (30) days of the final adjudication or resolution of this Lawsuit, the 5 party receiving Confidential Information shall destroy all Confidential Material, including all 6 copies and reproductions thereof. Counsel for the receiving party shall be permitted to maintain 7 these documents for purposes of any ethical obligations regarding client file retention. 8 11. Nothing in this Order shall be construed as an admission to the relevance, 9 authenticity, foundation or admissibility of any document, material, transcript or other information. 10 12. Nothing in the Protective Order shall be deemed to preclude any party from seeking 11 and obtaining, on an appropriate showing, a modification of this Order. 12 13. The parties acknowledge there is a presumption of public access to judicial files 13 and records and that a party seeking to file a confidential document under seal must file a motion 14 to seal and must comply with the Ninth Circuit’s directives in Kamakana v. City and County of 15 Honolulu, 447 F.3d 1172 (9th Cir. 2006) and Center for Auto Safety v. Chrysler Group, LLC, 809 16 F.3d 1092, 1097 (9th Cir. 2016). 17 14. The parties acknowledge attorneys must file documents under seal using the 18 Court’s electronic filing procedures. See Local Rule IA 10-5. Papers filed with the Court under 19 seal must be accompanied with a concurrently-filed motion for leave to file those documents under 20 seal. See Local Rule IA 10-5(a). 21 15. The parties submit the instant protective order to facilitate discovery exchanges. 22 However, the parties acknowledge there has been no showing, and the Court has not found, that 23 any specific documents are secret or confidential.
Free access — add to your briefcase to read the full text and ask questions with AI
1 GRIFFITH H. HAYES 2 Nevada Bar No. 7374 TYRUS O. COBB 3 Nevada Bar No. 8031 GRANT Email(s): ghayes@tysonmendes.com 4 tcobb@tysonmendes.com 2835 St. Rose Pkwy., Suite 140 5 Henderson, NV 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 RAMEAKA OATIES, an individual, Case No. 2:26-cv-00491-CDS-DJA 10 Plaintiff, 11 STIPULATED PROTECTIVE ORDER vs. 12 WALMART, INC., a foreign Corporation; 13 DOES 1-20; and ROE BUSINESS ENTITIES 1- 20, inclusive, 14 Defendants. 15
16 The parties to this action, Defendant WALMART, INC. (“WALMART” or “Defendant”) 17 and Plaintiff RAMEAKA OATIES (“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 1 2 Persons to whom confidential information is shown shall be informed of the terms of this 3 Order and advised that its breach may be punished or sanctioned as contempt of the Court. Such 4 deponents may be shown Confidential materials during their deposition but shall not be permitted 5 to keep copies of said Confidential materials nor any portion of the deposition transcript reflecting 6 the Confidential Information. 7 If either party objects to the claims that information should be deemed Confidential, that 8 party’s counsel shall inform opposing counsel in writing within thirty (30) days of receipt of the 9 Confidential materials that the information should not be so deemed, and the parties shall attempt 10 first to dispose of such disputes in good faith and on an informal basis. If the parties are unable to 11 resolve their dispute, the producing party shall present a motion to the Court to determine the 12 status. The information shall continue to have Confidential status during the pendency of any such 13 motion. The party asserting the label of “Confidential” shall bear the burden of showing the same 14 within said motion to show why said document is entitled to such protection. 15 7. No copies of Confidential Information shall be made except by or on behalf of 16 attorneys of record, in-house counsel or the parties in this action. Any person making copies of 17 such information shall maintain all copies within their possession or the possession of those 18 entitled to access to such information under the Protective Order. 19 8. Any party that inadvertently discloses or produces in this action a document or 20 information that it considers privileged or otherwise protected from discovery, in whole or in part, 21 shall not be deemed to have waived any applicable privilege or protection by reason of such 22 disclosure or production if, within 14 days of discovering that such document or information has 23 been disclosed or produced, the producing party gives written notice to the receiving party 24 identifying the document or information in question, the asserted privileges or protection, and the 25 grounds there for, with a request that all copies of the document or information be returned or 26 destroyed. The receiving party shall return or destroy the inadvertently disclosed documents, upon 27 receipt of appropriately marked replacement documents. 28 1 2 hereunder from their responsibility to maintain the confidentiality of information designated 3 confidential pursuant to this Order. 4 10. Within thirty (30) days of the final adjudication or resolution of this Lawsuit, the 5 party receiving Confidential Information shall destroy all Confidential Material, including all 6 copies and reproductions thereof. Counsel for the receiving party shall be permitted to maintain 7 these documents for purposes of any ethical obligations regarding client file retention. 8 11. Nothing in this Order shall be construed as an admission to the relevance, 9 authenticity, foundation or admissibility of any document, material, transcript or other information. 10 12. Nothing in the Protective Order shall be deemed to preclude any party from seeking 11 and obtaining, on an appropriate showing, a modification of this Order. 12 13. The parties acknowledge there is a presumption of public access to judicial files 13 and records and that a party seeking to file a confidential document under seal must file a motion 14 to seal and must comply with the Ninth Circuit’s directives in Kamakana v. City and County of 15 Honolulu, 447 F.3d 1172 (9th Cir. 2006) and Center for Auto Safety v. Chrysler Group, LLC, 809 16 F.3d 1092, 1097 (9th Cir. 2016). 17 14. The parties acknowledge attorneys must file documents under seal using the 18 Court’s electronic filing procedures. See Local Rule IA 10-5. Papers filed with the Court under 19 seal must be accompanied with a concurrently-filed motion for leave to file those documents under 20 seal. See Local Rule IA 10-5(a). 21 15. The parties submit the instant protective order to facilitate discovery exchanges. 22 However, the parties acknowledge there has been no showing, and the Court has not found, that 23 any specific documents are secret or confidential. The parties acknowledge that they have not yet 24 provided specific facts supported by declarations or concrete examples to establish that a protective 25 order is required to protect any specific trade secret or other confidential information pursuant to 26 Rule 26(c) or that disclosure would cause an identifiable and significant harm. 27 16. The parties acknowledge that all motions to seal shall address the standard 28 1 2 Specifically, a party seeking to seal judicial records bears the burden of meeting the “compelling 3 reasons” standard, as previously articulated in Kamakana. 447 F.3d 1172. Under the compelling 4 reasons standard, “a court may seal records only when it finds ‘a compelling reason and 5 articulate[s] the factual basis for its ruling, without relying on hypothesis or conjecture.” Ctr. for 6 Auto Safety, 809 F.3d at 1097. (quoting Kamakana, 447 F.3d at 1179). “The court must then 7 ‘conscientiously balance[ ] the competing interests of the public and the party who seeks to keep 8 certain judicial records secret.” Ctr. for Auto Safety, 809 F.3d at 1097. 9 There is an exception to the compelling reasons standard where a party may satisfy 10 the less exacting “good cause” standard for sealed materials attached to a discovery motion 11 unrelated to the merits of the case. Id. “The good cause language comes from Rule 26(c)(1), which 12 governs the issuance of protective orders in the discovery process: ‘The court may, for good cause, 13 issue an order to protect a party or person from annoyance, embarrassment, oppression, or undue 14 burden or expense.’” Id. (citing Fed.R.Civ.P. 26(c)). “For good cause to exist, the party seeking 15 protection bears the burden of showing specific prejudice or harm will result if no protective order 16 is granted.” Phillips v. General Motors, 307 F.3d 1206, 1210-11 (9th Cir. 2002). 17 The labels of “dispositive” and “nondispositive” will not be the determinative factor 18 for deciding which test to apply because the focal consideration is “whether the motion is more 19 than tangentially related to the merits of a case.” Ctr. for Auto Safety, 809 F.3d at 1101. 20 17. The parties acknowledge the fact that entry of the instant stipulated protective order 21 by the Court and designation of a document as confidential pursuant to this protective order does 22 not, standing alone, establish sufficient grounds to seal a filed document. See Foltz v. State Farm 23 Mut. Auto. Ins. Co., 331 F.3d 1122, 1133 (9th Cir. 2003); see also Beckman Indus., Inc. v. Int’l 24 Ins. Co., 966 F.2d 470, 476 (9th Cir. 1992). If the sole ground for a motion to seal is that the 25 opposing party (or non-party) has designated a document as confidential, the designator shall file 26 (within seven days of the filing of the motion to seal) either (1) a declaration establishing sufficient 27 justification for sealing each document at issue or (2) a notice of withdrawal of the designation(s) 28 1 || and consent to unsealing. If neither filing is made, the Court may order the document(s) unsealed 2 || without further notice. 3 Dated this 24" day of March, 2026. Dated this 24" day of March, 2026. 4 TYSON & MENDES LLP MORGAN & MORGAN 5 /s/ Griffith Haye /s/ Gregory Kraemer 6 GRIFFITH H. HAYES GREGORY KRAEMER 7 Nevada Bar No. 7374 Nevada Bar No. 010911 g TYRUS COBB Via Austi Parkway, Suite 275 Nevada Bar No. 8031 _ Las Vegas, Nevada 89119 9 2835 St. Rose Pkwy., Suite 140 Attorneys for Plaintiff Henderson, NV 89052 10 Attorneys for Defendant Walmart, Inc. 1] 12 IT IS SO ORDERED:
15 UNITED STATES MAGISTRAT? JUDGE 16 7 DATED: 3/25/2026 18 19 20 21 22 23 24 25 26 27 28
Stefania Rota Scalabrini From: Gregory Kraemer Sent: Tuesday, March 24, 2026 12:16 PM To: Stefania Rota Scalabrini; Melissa Martinez; Tyrus Cobb; Griffith Hayes; Monica Hampton Cc: Samm Earnest Subject: RE: Oaties v. Walmart | Early Case Conference scheduling
have my permission to affix my e-signature to the 1) Proposed Discovery Plan, 2) Joint Status Report and 3) Protective Order. for preparing. Gregory Kraemer
T: (725) 765-3281 F: (689) 285-6860 6725 Via Austi Pkwy, Suite 275, Las Vegas, NV 89119 Licensed in Nevada
Recovered * 1,000+ Attorneys ° 140+ Offices referral is the best compliment. If you know anyone that needs our help, please have them call our office 24/7. From: Stefania Rota Scalabrini Sent: Tuesday, March 24, 2026 10:32 AM Melissa Martinez ; Tyrus Cobb ; Griffith Hayes ; Monica Hampton Cc: Samm Earnest ; Gregory Kraemer Subject: RE: Oaties v. Walmart | Early Case Conference scheduling Good morning Melissa,
Please see attached Joint Status Report and Proposed Discovery Plan for review. If no revisions are necessary, please let us know if we may affix Mr. Kraemer’s signature. We are also attaching a proposed Stipulated Protective Order to facilitate the disclosure of Confidential material. We are happy to meet and confer regarding any revisions.
Thank you.
Stefania Rota Scalabrini Paralegal 2835 St. Rose Pkwy., Suite 140 Henderson, Nevada 89052 Main: 702.724.2648 Direct: 725.605.4276 Fax: 702.410.7684 srotascalabrini@tysonmendes.com www.tysonmendes.com
This email and any attachments are from the law firm of Tyson & Mendes, LLP. This email is intended only for the use of the addressee and may contain information that is proprietary, confidential, privileged, or protected by state or federal law. If you are not the intended recipient, any disclosure, copying, distribution, or use of the contents of this email and attachments are prohibited. If you received this email in error, please notify us by reply email immediately so we may arrange for the retrieval of the information.
From: Melissa Martinez Sent: Tuesday, March 24, 2026 8:56 AM Tyrus Cobb ; Stefania Rota Scalabrini ; Griffith Hayes ; Monica Hampton Cc: Samm Earnest ; Gregory Kraemer Subject: RE: Oaties v. Walmart | Early Case Conference scheduling Good morning, Mr. Cobb, | wanted to follow up on the status of the Joint Status Report, | believe its due today. Please advise, thank
Melissa Martinez Litigation Paralegal T: (725) 765-3182 F: (689) 256-2223 6725 Via Austi Pkwy, Suite 275, Las Vegas, NV 89119
Recovered 1,000+ Attorneys © 140+ Offices referral is the best compliment. If you know anyone that needs our help, please have them call our office 24/7.
From: Melissa Martinez Sent: Thursday, March 12, 2026 2:29 PM Tyrus Cobb ; Stefania Rota Scalabrini ; Griffith Hayes ; Monica Hampton Cc: Samm Earnest ; Gregory Kraemer Subject: RE: Oaties v. Walmart | Early Case Conference scheduling
Good afternoon, Please see the attached notice.
Melissa Martinez Litigation Paralegal T: (725) 765-3182 F: (689) 256-2223 6725 Via Austi Pkwy, Suite 275, Las Vegas, NV 89119
Recovered □ 1,000+ Attorneys □ 140+ Offices referral is the best compliment. If you know anyone that needs our help, please have them call our office 24/7.
From: Melissa Martinez Sent: Thursday, March 12, 2026 12:50 PM Tyrus Cobb ; Stefania Rota Scalabrini ; Griffith Hayes ; Monica Hampton Cc: Samm Earnest Subject: RE: Oaties v. Walmart | Early Case Conference scheduling Thank you!
Melissa Martinez Litigation Paralegal T: (725) 765-3182 F: (689) 256-2223 6725 Via Austi Pkwy, Suite 275, Las Vegas, NV 89119
Recovered 1,000+ Attorneys © 140+ Offices referral is the best compliment. If you know anyone that needs our help, please have them call our office 24/7.
From: Tyrus Cobb Sent: Thursday, March 12, 2026 10:46 AM Melissa Martinez ; Stefania Rota Scalabrini ; Griffith Hayes ; Monica Hampton Cc: Samm Earnest Subject: RE: Oaties v. Walmart | Early Case Conference scheduling
CAUTION: Use caution when clicking on links or opening attachments in this external email.
| can be available at 3PM today. Tyrus Cobb Senior Counsel Nevada Bar 8031 California Bar 252134 Tyson & Mendes Las Vegas Office Phone: 702.605.3575
From: Melissa Martinez Sent: Thursday, March 12, 2026 10:24 AM Stefania Rota Scalabrini ; Kellene Fletcher ; Cobb ; Griffith Hayes Cc: Samm Earnest Subject: Oaties v. Walmart | Early Case Conference scheduling Good morning, would like to schedule the 26F conference and have the following dates available: March 12- 3:00 pm Friday, March 13 - before 2:00 pm Greg will be out of the office and unavailable all of next week so if we can please squeeze this phone call in today or tomorrow, | would really appreciate it. Thank you! Melissa Martinez Litigation Paralegal T: (725) 765-3182 F: (689) 256-2223 6725 Via Austi Pkwy, Suite 275, Las Vegas, NV 89119
Recovered ° 1,000+ Attorneys * 140+ Offices referral is the best compliment. If you know anyone that needs our help, please have them call our office 24/7. CONFIDENTIALITY NOTICE: This e-mail message including attachments, if any, is intended for the person or entity to which it is addressed and may contain confidential and/or privileged material. Any unauthorized review, use, disclosure, or distribution is prohibited. If you are not the intended recipient, please contact the sender by reply e-mail and destroy all copies of the original message. Thank you.