Ortiz v. Nationwide Mutual Insurance Company

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO
ANA ORTIZ Personally and
on Behalf of Minor N.R.,
Plaintiffs,
v.
NATIONWIDE MUTUAL INSURANCE
COMPANY,
Defendant.
Case No. 1:25-cv-1237-SCY-KRS
ORDER GRANTING [20] STIPULATED MOTION
FOR ENTRY OF A PROTECTIVE ORDER
Currently before the Court is the Stipulated Motion For Entry Of A Protective Order
(“Motion”), filed by Plaintiffs Ann Ortiz, personally and on behalf of minor N.R., and Defendant
Nationwide Mutual 	Insurance Company. 	(Doc. 	20). 	Finding 	good 	cause and 	noting 	the
agreement of the parties, the Court grants the Motion and enters the parties’ stipulated Protective
Order, with slight modifications, as follows:
PROTECTIVE ORDER
The Court recognizes that certain of Plaintiff Ana Ortiz’s documents requested to be
produced include, but are not limited to, Plaintiff’s employment records (specifically limited to
any work restrictions placed on Plaintiff by her employer or documentation of any light duty
status after November 18, 2023) (hereinafter, “Employment Records”), which may contain
sensitive personal, and/or employment, information that may be protected under statutory
provisions or under common law privacy interests, and that Plaintiff Ana Ortiz’s privacy and/or
security interests may be harmed by the dissemination of these Employment Records without
restriction.
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The parties have agreed to be bound by the terms of this Protective Order (“Order”) in
this action to facilitate the document production and disclosure, and protect the potential
statutory, or common law privacy interests of Plaintiff Ana Ortiz. This Order shall remain in
effect unless modified pursuant to the terms contained in this Order.
IT IS THEREFORE ORDERED THAT,
The following Definitions shall apply in this Order:
A. 	The 	term 	“Confidential 	Information” 	will 	mean 	and 	include 	information
contained or disclosed in any materials, including documents, portions of documents, answers to
interrogatories, responses to requests for admissions, trial testimony, deposition testimony, and
transcripts of trial testimony and depositions, including data, summaries, and compilations
derived therefrom that is deemed to be Confidential Information by any party to which it
belongs.
B. 	The term “Employment Records” will include personnel files, human resources
files, or the like from Plaintiff Ana Ortiz’s employer specifically and solely containing
information regarding any work restrictions or light duty status for Plaintiff Ana Ortiz after
November 18, 2023.
C. 	The term “Counsel” will mean outside counsel of record, and other attorneys,
paralegals, secretaries, and other support staff employed in the following law firms: Jennings
Haug Keleher McLeod Waterfall LLP; and Law Offices of Erika E. Anderson.
The following provisions shall apply in this litigation, except that nothing in this Order
shall be construed to bind either Court personnel or jurors:
1. 	Each party to this litigation that produces or discloses any Employment Records,
answers to interrogatories, responses to requests for production, responses to requests for
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admission, 	trial 	testimony, 	deposition 	testimony, 	and 	transcripts 	of 	trial 	testimony 	and
depositions, or information that the producing party believes should be subject to this Protective
Order 	may 	designate 	the 	same 	as 	“CONFIDENTIAL” 	or 	“CONFIDENTIAL 	– 	FOR
COUNSEL ONLY.”
(a) 	Designation 	as 	“CONFIDENTIAL”: 	Any 	party 	may 	designate
information as “CONFIDENTIAL” only if, in the good faith belief of such party and its
Counsel, the unrestricted disclosure of such information could be harmful to the privacy interests
of such party.
2. 	After 	a 	good 	faith 	review 	by 	counsel 	of 	record, 	counsel 	may 	designate
Confidential Information or Employment Records as “CONFIDENTIAL” as that designation is
defined in Paragraph 1(a) of this Order. Counsel so designating shall also comply with the
considerations supporting Rule 26 of the Federal Rules of Civil procedure. The party producing
Confidential 	Information 	and/or 	Employment 	Records 	must, 	prior 	to 	producing 	those
Employment Records, mark the copies of those Employment Records that contain Confidential
Information as “CONFIDENTIAL”.
3. 	Whenever a deposition taken on behalf of any party involves the disclosure of
Confidential Information of any party:
(a) 	the deposition or portions of the deposition must be designated as
containing Confidential Information subject to the provisions of this Order; such designation
must be made on the record whenever possible, but a party may designate portions of depositions
as containing Confidential Information after transcription of the proceedings; a party will have
until thirty (30) days after receipt of the deposition transcript to inform the other party or parties
to the action of the portions of the transcript to be designated “CONFIDENTIAL”.
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(b) 	Prior to the disclosure of Confidential Information, the disclosing party
will have the right to exclude from attendance at the deposition, during such time as the
Confidential Information is to be disclosed, any person other than the deponent, Counsel
(including their staff and associates), the court reporter, and the person(s) agreed upon pursuant
to paragraph 8, below; and
(c) 	The originals of the deposition transcripts and all copies of the deposition
must bear the legend “CONFIDENTIAL” as appropriate, and the original or any copy
ultimately presented to a court for filing must not be filed unless it can be accomplished under
seal, identified as being subject to this Order, and protected from being opened except by order
of this Court, or unless a court order directs that it can or must be filed on the public docket.
4. 	All Confidential Information designated as “CONFIDENTIAL” must not be
disclosed by the receiving party to anyone other than those persons designated within this Order
and must be handled in the manner set forth below, and in any event, must not be used for any
purpose other than in connection with this litigation, unless and until such designation is
removed either by agreement of the parties, or by order of the Court.
5. 	Information designated “CONFIDENTIAL” may be viewed only by:
(a) 	Counsel (as defined in paragraph C, above) of the receiving party;
(b) 	Independent experts and stenographic and clerical employees associated
with such experts. Prior to receiving any Confidential Information of the producing party, the
expert must execute a copy of the “Agreement to Be Bound by Protective Order,” attached
hereto as Exhibit A. Counsel for the receiving party must retain executed copies of such exhibits;
(c) 	The Court and any Court staff and administrative personnel;
(d) 	Any court reporter employed in this litigation and acting in that capacity;
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(e) 	Any person indicated on the face of the document to be its author or co-
author, or any person identified on the face of the document as one to whom a copy of such
document was sent before its production in this action;
(f) 	Any person who is a named party to this case;
(g) 	Plaintiff’s agent(s). Prior to receiving any Confidential Information of the
producing party, Plaintiff’s agent(s) must execute a copy of the “Agreement to Be Bound by
Protective Order,” attached hereto as Exhibit A. Counsel for the receiving party must retain
executed copies of such exhibits;
(h) 	Technical personnel of the parties with whom Counsel for the parties find
it necessary to consult, in the discretion of such Counsel, in preparation for trial of this action;
(i) 	Stenographic and 	clerical 	employees 	associated 	with 	the individuals
identified above; and
(j) 	Non-parties shall not be bound by this Order unless they voluntarily agree
in writing to be bound by signing the “Agreement to Be Bound By Protective Order.”
6. 	All 	information 	that 	has 	been 	designated 	as 	“CONFIDENTIAL” 	by 	the
producing or disclosing party, and any and all reproductions of that information, must be retained
in the custody of the Counsel for the receiving party, except that independent experts authorized
to view such information under the terms of this Order may retain custody of copies such as are
necessary for their participation in this litigation, but only during the course of this litigation. The
principals, employees or other agents of the parties who received information prior to and apart
from 	this 	litigation 	that 	was 	subsequently 	disclosed 	in 	this 	litigation 	as 	being
“CONFIDENTIAL” may also retain copies of that information as is necessary for use in their
respective businesses.
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7. 	The parties acknowledge that this Order does not entitle them to seal Confidential
Information filed with the Court. In the event a party seeks to file any document containing
Confidential Information, or Employment Records subject to protection under this Order with
the Court, that party must take appropriate action to ensure that the document receives proper
protection from public disclosure, including: (a) filing a redacted document with the consent of
the party who designated the document as confidential; (b) where appropriate (e.g., in relation to
discovery and evidentiary motions), submitting the document solely for in camera review; or
(c) when the preceding measures are inadequate, seeking leave to file the document or portions
thereof under seal by filing a written motion for leave to file under seal.
8. 	The submitting party may file a document designated as confidential under this
Order 	as 	a 	separate 	sealed 	exhibit 	before 	a 	sealing 	order 	is 	obtained. 	However,
contemporaneously with that filing, the party must file a motion for leave to file the document
under seal, identifying the party that has designated the material as confidential (“the designating
party”). If the party filing the document containing confidential information is the designating
party, the motion for leave to file under seal should include a declaration identifying the
confidential information contained in the document and explaining why the document is
sealable. If the party filing the document is not the designating party, the designating party must
file a declaration identifying the confidential information contained in the document and stating
whether the designated material is sealable, and if so why, within fourteen days of the filing of
the motion to file under seal. If the designating party does not file a responsive declaration within
the fourteen-day time period, the submitting party may file the document in the public record no
earlier than four days, and no later than ten days, after the motion is denied.
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9. 	Confidential 	Information 	or 	Employment 	Records 	designated
“CONFIDENTIAL” shall be used solely for the prosecution or defense of this action. A party
that 	wishes 	to 	use 	Confidential 	Information 	or 	Employment 	Records 	designated
“CONFIDENTIAL” for a purpose other than the prosecution or defense of this action must
request permission, in writing, from Counsel for the producing party. The receiving party’s
request 	must 	identify 	the 	Confidential 	Information 	or 	Employment 	Records 	designated
“CONFIDENTIAL” that the receiving party wishes to use, and must identify the purpose for
using it. If the parties cannot resolve the question of whether the receiving party can use
Confidential 	Information 	or 	Employment 	Records 	designated 	“CONFIDENTIAL” 	for 	a
purpose other than the prosecution or defense of this action within fourteen (14) days of the
producing party’s receipt of such a request, the receiving party may move the Court for a ruling
on the receiving party’s request. In the event any party files a motion seeking to use Confidential
Information or Employment Records designated “CONFIDENTIAL” for a purpose other than
the prosecution or defense of this action, the Confidential Information or Employment Records
designated “CONFIDENTIAL” shall be submitted to the Court, under seal, for an in-camera
inspection. 	Any 	Confidential 	Information 	or 	Employment 	Records 	designated
“CONFIDENTIAL” at issue must be treated as Confidential Information, as designated by the
producing party, until the Court has ruled on the motion or the matter has been otherwise
resolved.
10. 	The terms of this protective order do not preclude, limit, restrict, or otherwise
apply to the use of documents at court proceedings. Subject to the Federal Rules of Evidence, a
confidential document may be offered into evidence at trial or any court hearing, provided that
the proponent of the evidence gives advance notice of the intended use of the confidential
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document to opposing counsel as may be required by a scheduling or other order. Any party may
move the Court for an order that the confidential document be received in camera or under other
conditions to prevent unnecessary disclosure. The Court will then determine whether the
proffered evidence should continue to be treated as a confidential document and, if so, what
protection(s) may be afforded to such information at the trial or hearing.
11. 	At any stage of these proceedings, any party may object to a designation of
Employment Records as Confidential Information. The party objecting to confidentiality must
notify, in writing, Counsel for the producing party of the objected-to Employment Records and
the grounds for the objection. If the dispute is not resolved consensually between the parties
within fourteen (14) days of receipt of such a notice of objections, the objecting party may move
the Court for a ruling on the objection. In the event any party files a motion challenging the
designation or redaction of information, the document shall be submitted to the Court, under
seal, for an in-camera inspection. The Employment Records at issue must be treated as
Confidential Information, as designated by the producing party, until the Court has ruled on the
objection or the matter has been otherwise resolved.
12. 	At any stage of these proceedings, any party may request that it be permitted to
disclose 	Employment 	Records 	designated 	as 	Confidential 	Information 	to 	individuals 	not
permitted by this Order to view such Employment Records. The party must notify, in writing,
Counsel for the producing party of the identity of the relevant Employment Records and the
individuals to whom the party wishes to disclose the Employment Records. If the request is not
resolved consensually between the parties within fourteen (14) days of receipt of such a request,
the requesting party may move the Court for a ruling allowing such disclosure. In the event any
party files a motion requesting such disclosure, the document shall be submitted to the Court,
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under seal, for an in-camera inspection. The Employment Records at issue must be treated as
Confidential Information, as designated by the producing party, until the Court has ruled on the
request.
13. 	All Confidential Information must be held in confidence by those inspecting or
receiving it. To the extent that Confidential Information has not been disclosed prior to and apart
from this litigation, it must be used only for purposes of this action. If the Confidential
Information was exchanged between the parties prior to and apart from this litigation for
purposes of conducting their respective businesses, the parties may continue to use that otherwise
Confidential 	Information 	for 	that 	purpose. 	The 	parties 	may 	not 	distribute 	Confidential
Information beyond those persons or entities who had received the Confidential Information
prior to this litigation. In addition, counsel for each party, and each person receiving Confidential
Information, must take reasonable precautions to prevent the unauthorized or inadvertent
disclosure of such information. If Confidential Information is disclosed to any person other than
a person authorized by this Order, the party responsible for the unauthorized disclosure must
immediately bring all pertinent facts relating to the unauthorized disclosure to the attention of the
other parties and, without prejudice to any rights and remedies of the other parties, make every
effort to prevent further disclosure by the party and by the person(s) receiving the unauthorized
disclosure.
14. 	No party will be responsible to another party for disclosure of Confidential
Information under this Order if the information in question is not labeled or otherwise identified
as such in accordance with this Order.
15. 	If a party, through inadvertence, produces any Confidential Information without
labeling or marking or otherwise designating it as such in accordance with this Order, the
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producing party may give written notice to the receiving party that the Employment Records
produced are deemed Confidential Information, and that the Employment Records produced
should be treated as such in accordance with that designation under this Order. The receiving
party must treat the Employment Records as confidential once the producing party so notifies the
receiving party. If the receiving party has disclosed the Employment Records before receiving
the designation, the receiving party must notify the producing party in writing of each such
disclosure. Counsel for the parties will agree on a mutually acceptable manner of labeling or
marking the inadvertently produced Employment Records as “CONFIDENTIAL.”
16. 	Nothing in this Order will prejudice the right of any party to object to the
production of any discovery material on the grounds that the material is protected as privileged
or as attorney work-product.
17. 	Nothing in this Order will bar Counsel from rendering advice to their clients with
respect to this litigation and, in the course thereof, relying upon any information designated as
Confidential Information, provided that the contents of the information must not be disclosed to
any person not described in Paragraph 5, above.
18. 	This Order will be without prejudice to the right of any party to oppose
production of any information for lack of relevance or any other ground other than the mere
presence of Confidential Information. The existence of this Order must not be used by either
party as a basis for discovery that is otherwise improper under the Federal Rules of Civil
Procedure.
19. 	Information designated Confidential pursuant to this Order also may be disclosed
if: (a) the party or non-party making the designation consents to such disclosure; (b) the Court,
after notice to all affected persons, allows such disclosure; or (c) the party to whom Confidential
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Information has been produced thereafter becomes obligated to disclose the information in
response to a lawful subpoena, provided that the subpoenaed party gives prompt notice to
Counsel for the party that made the designation, and permits Counsel for that party sufficient
time to intervene and seek judicial protection from the enforcement of this subpoena and/or entry
of an appropriate protective order in the action in which the subpoena was issued.
20. 	Nothing in this Confidentiality Order shall limit any producing party’s use of its
own documents or shall prevent any producing party from disclosing its own Confidential
Information to any person. Such disclosures shall not affect any confidential designation made
pursuant to the terms of this Order so long as the disclosure is made in a manner which is
reasonably calculated to maintain the confidentiality of the information. Nothing in this Order
shall prevent or otherwise restrict Counsel from rendering advice to their clients, and in the
course thereof, relying on examination of stamped confidential information.
21. 	Within thirty (30) days of the final termination of this action, including any and
all appeals, Counsel for each party and those individuals in paragraph 5(b) above must purge all
Confidential Information from all machine-readable media on which it resides and must either
(a) return all Confidential Information to the party that produced the information, including any
copies, excerpts, and summaries of that information, or (b) destroy same. With respect to paper
copies, return or destruction of Confidential Information is at the option of the producing party.
Notwithstanding 	the foregoing, 	Counsel 	for 	each 	party 	may 	retain 	all 	pleadings, 	briefs,
memoranda, motions, and other documents filed with the Court that refer to or incorporate
Confidential Information, and will continue to be bound by this Order with respect to all such
retained information, after the conclusion of this litigation. Further, attorney work-product that
includes Employment Records containing Confidential Information need not be destroyed, but, if
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said work-product is not destroyed, the person in possession of the attorney work-product will
continue to be bound by this Order with respect to all such retained information after the
conclusion of this litigation.
22. 	The restrictions and obligations set forth within this Order will not apply to any
information that: (a) the parties agree should not be designated Confidential Information; (b) the
parties agree, or the Court rules, is already public knowledge; or (c) the parties agree, or the
Court rules, has become public knowledge other than as a result of disclosure by the receiving
party, its employees, or its agents, in violation of this Order.
23. 	Any party may designate as “CONFIDENTIAL” any Employment Records that
were produced during the course of this action without such designation before the effective date
of this Order, as follows:
(a) 	Parties to this action may designate such Employment Records by sending
written notice of such designation, accompanied by copies of the designated Employment
Records bearing the appropriate legend of “CONFIDENTIAL” to all other parties in possession
or custody of such previously undesignated Employment Records. Any party receiving such
notice and copies of designated Employment Records pursuant to this subparagraph shall return
to the producing party all undesignated copies of such Employment Records in its custody or
possession, or shall affix the appropriate legend to all copies of the designated Employment
Records in its custody or possession.
(b) 	Upon notice of designation pursuant to this paragraph, parties shall also:
(i) make no disclosure of such designated Employment Records or information contained therein
except as allowed under this Order; and (ii) take reasonable steps to notify any persons known to
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have possession of such designated Employment Records or information of the effect of such
designation under this Order.
(c) 	All such designations must be made within thirty (30) days of the date of
this Order.
24. 	Transmission by e-mail or facsimile is acceptable for all notification purposes
within this Order.
25. 	This Order may be modified by agreement of the parties, subject to approval by
the Court.
26. 	The Court may modify the terms and conditions of this Order for good cause, or
in the interest of justice, or on its own order at any time in these proceedings.
27. 	After termination of this action, the provisions of this Order shall continue to be
binding, except with respect to those documents and information that became a matter of public
record. Any party seeking to enforce this Order after the termination of this case may do so by a
motion seeking to reopen the case.
IT IS SO ORDERED this 22nd day of April, 2026.
__________________________________
KEVIN R. SWEAZEA
UNITED STATES MAGISTRATE JUDGE
Submitted By:
/s/ Lauren M. Swol
Joseph A. Brophy
Lauren M. Swol
2800 North Central Avenue, Suite 1800
Phoenix, AZ 85004
Telephone: (602) 234-7800
Facsimile: (602) 277-5595
201 Third Street NW, Suite 1200
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Albuquerque, NM 87102
Telephone: 	(505) 346-4646
Facsimile: 	(505) 346-1370
Email: jab@jkwlawyers.com
Email: lms@jkwlawyers.com
State Bar of NM License No. 153590
State Bar of NM License No. 160657
Attorneys for Defendants Nationwide Mutual Insurance
Company
Approved by:
/s/ Kristin Woodworth (via email 04/17/26)
Erika E. Anderson
Kristin Woodworth
Law Offices of Erika E. Anderson
105 Bryn Mawr Dr. SE
Albuquerque, NM 87106
erika@eandersonlaw.com
kristin@eandersonlaw.com
Attorneys for Plaintiffs
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EXHIBIT A
Agreement to Be Bound by Protective Order
Counsel intends to disclose to me documents or information in connection with the matter
entitled ________________________________________________________.
Counsel has informed me that a party has designated some of those documents or
information as confidential. I understand that any of the documents or information labeled
“CONFIDENTIAL” are confidential by Order of the Court.
I 	agree 	that 	I 	will 	not 	disclose 	to 	any 	other 	person 	any 	documents 	labeled
“CONFIDENTIAL” or information contained in those documents. I also agree not to use those
documents or information for any purpose other than this litigation.
Signed:
________________________________________
Dated:
________________________________________
Signed in the presence of:
________________________________________
Attorney
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