Garcia v. LHM SWH, LLC et al

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO
ANTONIO GARCIA
Plaintiff,
v. 	Cause No.: 1:25-cv-942 JMR-KRS
LHM SWH, LLC d/b/a
LHM SOUTHWEST HYUNDAI ALBUQUERQUE,
LIBERTY MUTUAL INSURANCE COMPANY; and
HYUNDAI CAPITAL AMERICA, d/b/a HYUNDAI MOTOR FINANCE,
Defendants.
ORDER GRANTING [92] JOINT MOTION FOR ENTRY OF
CONFIDENTIALITY ORDER
Currently before the Court is the Joint Motion For Entry Of Confidentiality Order
(“Motion”), filed by Plaintiff Antonio Garcia and Defendants LHM SWH, LLC d/b/a LHM
Southwest Hyundai Albuquerque, Liberty Mutual Insurance Company, and Hyundai Capital
America, d/b/a Hyundai Motor Finance. (Doc. 92). Finding good cause as set forth in the Motion,
and noting the agreement of the parties, the Court GRANTS the Motion and enters the parties’
Stipulated Confidentiality, with slight modifications, as follows:
STIPULATED CONFIDENTIALITY ORDER
The parties have designated certain proprietary and confidential documents (hereafter
“Confidential Information and Documents”) to be produced in its discovery answers and responses
as confidential and may produce additional Confidential Information and Documents as discovery
continues. Such Confidential Information and Documents include company financial records and
other corporate materials not of public record; information regarding other customers of LHM
SWH, 	including 	customer 	transaction 	records, 	personal 	identifying 	information, 	financial
information, and contact information; and Plaintiff’s credit and income information. Entry of this
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Stipulated Confidentiality Order is necessary to preserve and maintain the confidentiality of such
Confidential Information and Documents produced in this action.
IT IS THEREFORE ORDERED:
1. 	The above referenced Confidential Information and Documents, as well as any
discovery answers and responses and deposition testimony about them, shall be treated as
confidential, shall be used only in connection with the above-captioned lawsuit, and shall not be
disclosed to anyone other than those set forth in Paragraph 3.
2. 	The Parties shall stamp “CONFIDENTIAL” on Confidential Information and
Documents.
3. 	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.
4. 	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
producing party may give written notice to the receiving party that the information is deemed
Confidential Information, and that it should be treated as such in accordance with that designation
under this Order. The receiving party must treat the information as confidential once the producing
party so notifies the receiving party. If the receiving party has disclosed the information 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 information as “CONFIDENTIAL.”
5. 	Any Confidential Information and Documents used as an exhibit in a deposition
shall be clearly identified as “CONFIDENTIAL.”
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6. 	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.
7. 	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 who 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 shall identify the Confidential information contained in the document and explain
why the document is sealable. If the party filing the document is not the designating party, the
designating party must, within seven days of the filing of the motion to file under seal, file a notice
identifying the Confidential information contained in the document, and stating whether the
designated material is sealable and if so why. If the designating party does not file a responsive
declaration within the seven-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.
8. 	Confidential Information and Documents may be disclosed by the Party receiving
such materials only to the following individuals under the following conditions:
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a) 	The Parties to this action and their counsel (including their secretaries,
paralegals, assistants, and other employees).
b) 	Consultants or experts retained by the Parties or their counsel for purposes
of this lawsuit (before giving documents designated as “CONFIDENTIAL” to such consultants or
experts, the consultant or expert shall be furnished a copy of this Order and agree to be bound by
it).
c) 	Mediators retained for this lawsuit (including their secretaries, paralegals,
assistants, and other employees).
d) 	The Court and court personnel related to this lawsuit.
e) 	Court reporters, videographers, and jurors retained/selected for this lawsuit.
f) 	Other customers identified in discovery may be contacted and informed of
their own confidential information, but not that of other customers, or other Confidential
Information and Documents.
9. 	Any person who examines Confidential Information and Documents in connection
with this lawsuit shall not disseminate the Confidential Information and Documents orally, in
writing, or by any other means, to any person who is not authorized to view the Confidential
Information and Documents under the terms of this Order.
10. 	The terms of this 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 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
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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. In the event a transcript of the trial is prepared, any party
may request that certain portions thereof, which contain Confidential Information and Documents,
be filed under seal.
11. 	In the event a Party who receives Confidential Information and Documents wishes
to challenge the propriety of the confidential designation, that Party will advise the other Party in
writing within thirty business days of this Order or thirty business days of being notified of the
designation, whichever is later. Upon such written notification, the Party that made the confidential
designation will have ten (10) business days to file a Motion for Protective Order to allow the
Court to rule on the dispute. If a Motion for Protective Order is filed, the materials designated as
Confidential Information and Documents will be treated as confidential until such time as the
Court denies such Motion. If a Party does not file a timely Motion for Protective Order, the
materials previously designated as Confidential Information and Documents shall be deemed non-
confidential.
12. 	Within thirty (30) days of the final termination of this action, counsel of record
for each Party shall assemble and return all Confidential Information and Documents produced by
the other Party, including all copies, notes, summaries, renderings, photographs, recordings, floppy
discs, and reproductions of every kind of such Confidential Information and Documents. In the
alternative, a Party may provide the other Party with a certification made under oath attesting that
the Confidential Information and Documents have been destroyed, together with all documents
containing data or information obtained, derived, or generated therefrom. Any Confidential
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Information and Documents entered on a computer database or other electronic media shall also
be deleted and written over or reformatted.
13. 	At any hearing on a Motion for Protective Order, any burdens of proof imposed on
the movant or party challenging the confidentiality designation shall be those established under
the Federal Rules of Civil Procedure.
14. 	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.
15. 	This Order shall survive the termination of this action and shall remain in full force
and effect unless modified by an Order of this Court or by the written stipulation of the Parties
filed with the Court.
IT IS SO ORDERED this 21st day of May, 2026.
__________________________________
KEVIN R. SWEAZEA
UNITED STATES MAGISTRATE JUDGE
Submitted and approved by:
Butt Thornton & Baehr PC
/s/ Madison L. Haynes
Monica R. Garcia
Madison L. Haynes
PO Box 3170
Albuquerque, NM 87190
Telephone: (505) 884-0777
mrgarcia@btblaw.com
mlhaynes@btblaw.com
Attorneys for LHM SWH, LLC d/b/a
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LHM Southwest Hyundai Albuquerque
AND approved by:
Feferman, Warren & Mattison
/s/_Approved via email 05/13/2026______
Susan Warren
300 Central Avenue, SW, Ste. 2000 West
Albuquerque, NM 87102
(505) 243-7773
Fax: (505) 243-6663
swarren@fwmlegal.com
Attorneys for Plaintiff
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