Bank of America, N.A. v. Boulder Creek Homeowners Association et al, No. 2:2016cv00572 - Document 53 (D. Nev. 2018)
Court Description: ORDER granting 52 Stipulated Protective Order; Signed by Magistrate Judge Peggy A. Leen on 9/13/2018. (Copies have been distributed pursuant to the NEF - JM)
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Bank of America, N.A. v. Boulder Creek Homeowners Association et al Doc. 53 Case 2:16-cv-00572-GMN-PAL Document 52 Filed 09/12/18 Page 1 of 12 1 6 ARIEL E. STERN, ESQ. Nevada Bar No. 8276 JAMIE K. COMBS, ESQ. Nevada Bar No. 13088 AKERMAN LLP 1635 Village Center Circle, Suite 200 Las Vegas, Nevada 89134 Telephone: (702) 634-5000 Facsimile: (702) 380-8572 Email: ariel.stern@akerman.com Email: jamie.combs@akerman.com 7 Attorneys for plaintiff Bank of America, N.A. 2 3 4 5 8 UNITED STATES DISTRICT COURT 9 DISTRICT OF NEVADA AKERMAN LLP 1635 VILLAGE CENTER CIRCLE, SUITE 200 LAS VEGAS, NEVADA 89134 TEL.: (702) 634-5000 – FAX: (702) 380-8572 10 11 12 BANK OF AMERICA, N.A., SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICING, LP, 13 STIPULATED PROTECTIVE ORDER Plaintiff, 14 vs. 15 BOULDER CREEK HOMEOWNERS ASSOCIATION; SFR INVESTMENTS POOL 1, LLC; NEVADA ASSOCIATION SERVICES, INC., 16 Case No.: 2:16-cv-00572-GMN-PAL 17 Defendants. 18 19 Subject to the approval of the court, Bank of America, N.A., successor by merger to BAC 20 Home Loans Servicing, LP f/k/a Countrywide Home Loans Servicing, LP, Boulder Creek 21 Homeowners Association, SFR Investments Pool 1, LLC and Nevada Association Services, Inc. 22 stipulate to the following Protective Order: 23 To expedite the flow of discovery, facilitate the prompt resolution of disputes over 24 confidentiality, adequately protect material claimed to be confidential, and ensure protection is 25 afforded only to material so designated, it is, pursuant to the Court's authority under Federal Rules of 26 Civil Procedure 26(c), ORDERED this Protective Order shall govern the disclosure, handling and 27 disposition of documents in this litigation as follows: 28 /// 1 45663597;1 Dockets.Justia.com Case 2:16-cv-00572-GMN-PAL Document 52 Filed 09/12/18 Page 2 of 12 1 1. 2 1.1 that is designated as containing "Confidential Information" as defined herein, and is produced in 4 connection with this litigation by any person or entity (the "producing party"), whether in response to 5 a discovery request, subpoena or otherwise, to any other person or entity (the "receiving party") 6 regardless of whether the person or entity producing or receiving such information is a party to this 7 litigation. 9 10 AKERMAN LLP This Protective Order shall govern any document, information or other material 3 8 1635 VILLAGE CENTER CIRCLE, SUITE 200 LAS VEGAS, NEVADA 89134 TEL.: (702) 634-5000 – FAX: (702) 380-8572 Application. 1.2 The party who asserts that particular information should be treated as Confidential Information under this Protective Order has the burden of proof to establish that the information or document is entitled to such protection. 11 2. 12 Definitions. 2.1 Confidential Information. "Confidential Information" shall mean and include, 13 without limitation, any non-public information that concerns or relates to the following areas: 14 confidential proprietary information, trade secrets, practices and procedures, personal financial 15 information, commercial, financial, pricing, budgeting, and/or accounting information, information 16 about existing and potential customers, marketing studies, performance projections, business 17 strategies, decisions and/or negotiations, personnel compensation, evaluations and other employment 18 information, and confidential proprietary information about affiliates, parents, subsidiaries and third- 19 parties with whom the parties to this action have or have had business relationships. 20 2.2 Documents. As used herein, the term "documents" includes all writings, 21 records, files, drawings, graphs, charts, photographs, e-mails, video tapes, audio tapes, compact discs, 22 electronic messages, other data compilations from which information can be obtained and other 23 tangible things subject to production under the Federal Rules of Civil Procedure. 24 3. 25 Initial Designation. 3.1 Good Faith Claims. Claims of confidentiality will be made only with respect to 26 documents, other tangible things and information that the asserting party has a good faith belief are 27 within the definition set forth in subparagraph 2.1 of this Protective Order. Objections to such claims 28 made pursuant to paragraph 5, below, shall also be made only in good faith. 2 45663597;1 Case 2:16-cv-00572-GMN-PAL Document 52 Filed 09/12/18 Page 3 of 12 1 3.2 2 or contain Confidential Information shall state that the material is being produced under this 3 Protective Order by describing the documents or materials to be treated as confidential in writing, by 4 page or bates number wherever possible and/or shall produce copies bearing a label that contains or 5 includes language substantially identical to the following: 6 AKERMAN LLP CONFIDENTIAL 7 This label shall be affixed in a manner that does not obliterate or obscure the contents of the 8 copies. If any person or party makes copies of documents designated as containing Confidential 9 Information, the copying person or party shall mark each such copy as containing Confidential 10 1635 VILLAGE CENTER CIRCLE, SUITE 200 LAS VEGAS, NEVADA 89134 TEL.: (702) 634-5000 – FAX: (702) 380-8572 Produced Documents. A party producing documents that it believes constitute Information in the same form as the Confidentiality notice on the original document. 11 A party producing documents that are stored on electronic, magnetic, optical or other non-paper 12 media, such as compact discs, DVD's, video tapes and audio tapes (collectively, "data storage 13 devices") shall designate the data storage device as containing Confidential Information, by affixing a 14 label or stamp to the data storage device in the manner described above at the time copies of such data 15 storage devices are produced. If the receiving party or other persons or entities to whom disclosure is 16 authorized pursuant to subparagraph 7.1 make a copy of any data storage device designated by the 17 producing party as containing Confidential Information, the receiving party or other authorized person 18 shall mark each such copy as containing Confidential Information in the same form as the 19 confidentiality notice on the original data storage device produced. If the receiving party or other 20 authorized person prints out or otherwise makes copies of the documents or information stored on 21 such data storage device, the receiving party or other authorized person shall mark each page so 22 copied with the label or stamp specified in subparagraph 3.2. 23 3.3 Interrogatory Answers. If a party answering an interrogatory or other discovery 24 demand believes that its answer contains Confidential Information, it shall state so in the interrogatory 25 response, and that portion of the response will be entitled to the protections of this order. 26 3.4 Inspection of Documents. In the event a party elects to produce files and 27 records for inspection and the requesting party elects to inspect them, no designation of Confidential 28 Information needs to be made in advance of the inspection. For purposes of such inspection, all 3 45663597;1 Case 2:16-cv-00572-GMN-PAL Document 52 Filed 09/12/18 Page 4 of 12 1 material produced shall be considered as Confidential Information. If the inspecting party selects 2 specified documents to be copied, the producing party shall designate Confidential Information in 3 accordance with subparagraph 3.2 at the time the copies are produced. 4 3.5 5 record the portions it deems confidential. 6 confidential shall be a waiver unless the designating party notifies all other parties and files a motion 7 to designate the testimony as confidential within 5 days of the notification. AKERMAN LLP 8 1635 VILLAGE CENTER CIRCLE, SUITE 200 LAS VEGAS, NEVADA 89134 TEL.: (702) 634-5000 – FAX: (702) 380-8572 Deposition Transcripts. The party asserting confidentiality shall state on the 3.6 The failure to designate testimony on the record as Inadvertent Failure to Designate. Inadvertent failure to identify documents or 9 things as "Confidential" pursuant to this Protective Order shall not constitute a waiver of any 10 otherwise valid claim for protection, provided that the provisions of this paragraph are satisfied. If the 11 designating party discovers that information should have but was not designated "Confidential" or of 12 the designating party receives notice that would enable the designated party to learn that it has 13 disclosed such information, the designating party must immediately notify all other parties. In such 14 event, within thirty (30) days of notifying all other parties, the designating parties must also provide 15 copies of the "Confidential" information designated in accordance with this Protective Order. After 16 receipt of such re-designated information, the "Confidential" information shall be treated as required 17 by this Protective Order, and the receiving party(ies) shall promptly, and in no event more than 18 fourteen (14) calendar days from the receipt of the re-designated information, return to the designated 19 party all previously produced copies of the same unlegended documents or things. The designating 20 party and the parties may agree to alternative means. The receiving party(ies) shall receive no 21 liability, under this Protective Order or otherwise, for any disclosure of information contained in 22 unlegended documents or things occurring before the receiving party was placed on notice of the 23 designating party's claims of confidentiality. 24 4. 25 Designations by Another Party. 4.1 Notification of Designation. If a party other than the producing party believes 26 that a producing party has produced a document that contains or constitutes Confidential Information 27 of the non-producing party, the non-producing party may designate the document as Confidential 28 Information by so notifying all parties in writing within fourteen (14) days of service of the document. 4 45663597;1 Case 2:16-cv-00572-GMN-PAL Document 52 Filed 09/12/18 Page 5 of 12 AKERMAN LLP 1635 VILLAGE CENTER CIRCLE, SUITE 200 LAS VEGAS, NEVADA 89134 TEL.: (702) 634-5000 – FAX: (702) 380-8572 1 4.2 Return of Documents; Non-disclosure. Whenever a party other than the 2 producing party designates a document produced by a producing party as Confidential Information in 3 accordance with subparagraph 4.1, each party receiving the document shall either add the Confidential 4 Information designation in accordance with subparagraph 3.2 or substitute a copy of the document 5 bearing such designation for each copy of the document produced by the producing party. Each party 6 shall destroy all undesignated copies of the document or return those copies to the producing party, at 7 the direction of the producing party. No party shall disclose a produced document to any person, other 8 than the persons authorized to receive Confidential Information under subparagraph 7.1, until after the 9 expiration of the fourteen (14) day designation period specified in subparagraph 4.1. If during the 10 fourteen (14) day designation period a party discloses a produced document to a person authorized to 11 receive Confidential Information under subparagraph 7.1, and that document is subsequently 12 designated as Confidential Information in accordance with subparagraph 4.1, the disclosing party shall 13 cause all copies of the document to be destroyed or returned to the producing party, at the direction of 14 the producing party. The party may thereafter disclose a copy of the document that has been marked 15 as Confidential Information by the designating party, in accordance with subparagraphs 3.2 and 7.1. 16 5. Objections to Designations. Any party objecting to a designation of Confidential 17 Information, including objections to portions of designations of multi-page documents, shall notify the 18 designating party and all other parties of the objection in writing forty-five (45) days before trial of the 19 matter. This notice must specifically identify each document that the objecting party in good faith 20 believes should not be designated as Confidential Information and provide a brief statement of the 21 grounds for such belief. In accordance with the Federal Rules of Civil Procedure governing discovery 22 disputes, the objecting and the designating parties thereafter shall confer within ten (10) days after the 23 date of such objection in an attempt to resolve their differences. If the parties are unable to resolve 24 their differences, the designating party shall have fourteen (14) days after the conference concludes to 25 file with the Court a motion to deem the information as Confidential Information. Where a party 26 authored, created, owns, or controls a document, information or other material that another party 27 designates as Confidential Information, the party that authored, created, owns, or controls the 28 Confidential Information may so inform the objecting party and thereafter shall also be considered a 5 45663597;1 Case 2:16-cv-00572-GMN-PAL Document 52 Filed 09/12/18 Page 6 of 12 AKERMAN LLP 1635 VILLAGE CENTER CIRCLE, SUITE 200 LAS VEGAS, NEVADA 89134 TEL.: (702) 634-5000 – FAX: (702) 380-8572 1 designating party for purposes of this paragraph. 2 All documents, information and other materials initially designated as Confidential Information 3 shall be treated as such in accordance with this Protective Order unless and until the Court rules 4 otherwise, except for deposition transcripts and exhibits initially considered as containing 5 Confidential Information under subparagraph 3.5, which will lose their confidential status after 6 fourteen (14) days unless so designated as Confidential Information. If the Court rules that a 7 designation should not be maintained as to a particular document, the producing party shall, upon 8 written request by a party, provide that party a copy of that document without the designation 9 described in subparagraph 3.2. 10 If a designating party elects not to make such a motion with respect to documents within 11 fourteen (14) days after the conference, information or other materials to which an objection has been 12 made, the Confidential Information designation shall be deemed withdrawn. The objecting party shall 13 have fourteen (14) days to respond to the objecting party's motion. If no response is filed by the 14 objecting party within fourteen (14) days, the designating party shall be deemed to have consented to 15 the designating party's motion. 16 6. Custody. All Confidential Information and any and all copies, extracts and summaries 17 thereof, including memoranda relating thereto, shall be retained by the receiving party in the custody 18 of counsel of record, or by persons to whom disclosure is authorized under subparagraph 7.1. 19 7. 20 21 Handling Prior to Trial. 7.1 Authorized Disclosures. Confidential Information shall be disclosed by the receiving party only to the following persons: 22 a. 23 Counsel for the parties in this litigation, including their associates, clerks, paralegals, and secretarial personnel; 24 b. Qualified persons taking testimony in this litigation involving such 25 Confidential Information, and necessary stenographic, videotape and 26 clerical personnel; 27 c. 28 Experts and their staff who are retained by counsel as expert witnesses for a party in this litigation; 6 45663597;1 Case 2:16-cv-00572-GMN-PAL Document 52 Filed 09/12/18 Page 7 of 12 1 d. 2 litigation; 3 e. corporate entity, a limited number of employees of the corporate entity 5 and its insurers; f. 7 Designated in-house counsel and a limited number of assistants, administrative or otherwise; 8 g. 9 Outside vendors employed by counsel for copying, scanning and general handling of documents; 10 AKERMAN LLP Parties to this litigation, limited to the named party and, if that party is a 4 6 1635 VILLAGE CENTER CIRCLE, SUITE 200 LAS VEGAS, NEVADA 89134 TEL.: (702) 634-5000 – FAX: (702) 380-8572 Experts and their staff who are consulted by counsel for a party in this h. Any person of whom testimony is taken regarding the Confidential 11 Information, except that such person may only be shown Confidential 12 Information during his/her testimony, and may not retain a copy of such 13 Confidential Information; and 14 i. 15 materials under seal. 16 17 This Court and this Court's staff, subject to the Court's processes for filing Such disclosures are authorized only to the extent necessary to investigate, prosecute, or defend the litigation. 18 Confidential Information may not be disclosed to persons under subparagraphs (c) or (d) until 19 the receiving party has obtained a written acknowledgment from the person receiving Confidential 20 Information, in the form of the Declaration attached hereto as Exhibit A, that he or she has received a 21 copy of this Protective Order and has agreed to be bound by it. A party who discloses Confidential 22 Information in accordance with subparagraph 7.1 shall retain the written acknowledgment from each 23 person receiving Confidential Information, shall maintain a list of all persons to whom a receiving 24 party has disclosed Confidential Information and identify what documents have been disclosed, and 25 shall furnish the written acknowledgments and disclosure list to opposing counsel as follows: (i) for a 26 person under subparagraph (c), within thirty (30) days after the person signs the Declaration; and (ii) 27 for a person under subparagraph (d), within thirty (30) days after the matter is finally concluded. 28 Disclosure of Confidential Information to this Court, including judicial staff, shall be made in 7 45663597;1 Case 2:16-cv-00572-GMN-PAL Document 52 Filed 09/12/18 Page 8 of 12 1 accordance with subparagraph 7.4 of this Protective Order. AKERMAN LLP 1635 VILLAGE CENTER CIRCLE, SUITE 200 LAS VEGAS, NEVADA 89134 TEL.: (702) 634-5000 – FAX: (702) 380-8572 2 7.2 Unauthorized Disclosures. All persons receiving Confidential Information 3 under the terms of this Protective Order are under the jurisdiction of the state courts and U.S. federal 4 courts located in Nevada for all matters arising from the improper disclosure or use of such 5 information. If Confidential Information is disclosed to any person other than in the manner 6 authorized by this Protective Order, the party or person responsible for the disclosure, and any other 7 party or person who is subject to this Protective Order and learns of such disclosure, shall immediately 8 bring such disclosure to the attention of the designating party. Without prejudice to other rights and 9 remedies of the designating party, the responsible party or person shall make every effort to obtain 10 and return the Confidential Information and to prevent further disclosure on its own part or on the part 11 of the person who was the unauthorized recipient of such information. 12 7.3 Court Filings. In the event any Confidential Information must be filed with the 13 Court prior to trial, the proposed filing shall be accompanied by a motion to file the Confidential 14 Information under seal that complies with Local Rule 10-5(b) and a proposed order, and the 15 application and proposed order shall be directed to the judge to whom the Confidential Information is 16 directed. This provision is applicable to briefs, memoranda, and other filings which quote, summarize, 17 or describe Confidential Information. 18 8. Care in Storage. Any person in possession of Confidential Information produced by 19 another party shall exercise reasonable and appropriate care with regard to the storage, custody, 20 copying, and use of such information to ensure that the confidential and sensitive nature of same is 21 maintained. 22 9. Handling During Trial. Confidential Information that is subject to this Order may be 23 marked and used as trial exhibits by either party, subject to terms and conditions as imposed by the 24 Court upon application by any party. 25 10. No Implied Waivers. This Protective Order shall not be interpreted as a waiver of the 26 right to object, under applicable law, to the furnishing of information in response to discovery requests 27 or to object to a requested inspection of documents or facilities. Parties producing Confidential 28 Information in this litigation are doing so only pursuant to the terms of this Protective Order. The 8 45663597;1 Case 2:16-cv-00572-GMN-PAL Document 52 Filed 09/12/18 Page 9 of 12 1 taking of any action in accordance with the provisions of this Protective Order shall not be interpreted 2 as a waiver of any claim or position or defense in this action, or any other actions. 3 11. 4 construed as an admission that such material, or any testimony concerning such material, would be 5 admissible in evidence in this litigation or in any other proceeding. AKERMAN LLP 6 1635 VILLAGE CENTER CIRCLE, SUITE 200 LAS VEGAS, NEVADA 89134 TEL.: (702) 634-5000 – FAX: (702) 380-8572 No Admission. The designation of any item as Confidential Information shall not be 12. Inadvertent Disclosure. Nothing in this Protective Order abridges applicable law 7 concerning inadvertent disclosure of a document that the Disclosing Party believes contains attorney- 8 client communications, attorney work product, or otherwise privileged information. If a party 9 inadvertently discloses documents or information subject to a claim of privilege or work product 10 protection, such disclosure will not waive otherwise applicable claims of privilege or work product 11 protection under applicable law. Upon discovery by the Receiving Party, or receipt of written notice 12 from the Disclosing Party identifying privileged or protected Documents that were inadvertently 13 produced, the receiving party shall within seven (7) business days either: (a) return or certify the 14 destruction of all such documents, all copies, and any work product or portions of any work product 15 containing or reflecting the contents of the subject materials; or (b) follow the procedures outlined in 16 paragraph 5 above for objecting to the designation of Confidential Information. The objecting party 17 shall do nothing to compromise the privilege claim until the Court rules on said motion and the 18 opportunity for appellate review is exhausted or the issue is otherwise resolved. 19 13. Parties' Own Documents. This Protective Order shall in no way restrict the parties in 20 their use of their own documents and information, and nothing in this Protective Order shall preclude 21 any party from voluntarily disclosing its own documents or information to any party or nonparty. 22 14. Motion by Third Party to Compel Production of Confidential Information. If any 23 third party subpoenas Confidential Information from a party to this action or moves to compel a party 24 to this action to produce any such information, such party shall immediately notify the parties who 25 originally produced and/or designated such information that a subpoena has been served or a motion 26 has been made in order to allow the parties who originally produced and/or designated such 27 information the opportunity to seek a protective order or oppose the motion or application. If, within 28 thirty (30) days after receiving notice of a subpoena seeking Confidential Information from a 9 45663597;1 Case 2:16-cv-00572-GMN-PAL Document 52 Filed 09/12/18 Page 10 of 12 1 receiving party, the party who originally produced and/or designated such information fails to move 2 for a protective order, the party subject to the subpoena may produce said information. In addition, if a 3 party is ordered to produce Confidential Information covered by this Protective Order, then notice 4 and, if available, a copy of the order compelling disclosure shall immediately be given the parties who 5 originally produced and/or designated such information. Nothing in this Protective Order shall be 6 construed as requiring the party who is ordered to produce such Confidential Information to challenge 7 or appeal any order requiring the production of such information or to subject himself/herself to any 8 penalty for non-compliance with any legal process or seek any relief from the Court. AKERMAN LLP 1635 VILLAGE CENTER CIRCLE, SUITE 200 LAS VEGAS, NEVADA 89134 TEL.: (702) 634-5000 – FAX: (702) 380-8572 9 15. No Effect on Other Rights. This Protective Order shall in no way abrogate or 10 diminish any pre-existing contractual, statutory, or other legal obligations or rights of any party with 11 respect to Confidential Information. 12 16. Modification. In the event any party hereto seeks a Court order to modify the terms of 13 this Protective Order, or seeks a protective order which incorporates the terms and conditions of this 14 Protective Order said party shall make such request by written stipulation or noticed motion to all 15 parties that must be served and filed in accordance with local court rules. 16 17. Handling Upon Conclusion of Litigation. All parties, counsel, and persons to whom 17 disclosure was made agree to return all Confidential Information to the designating party within thirty 18 (30) days of the conclusion of litigation between the parties, including final appellate action or the 19 expiration of time to appeal or seek further review. In addition, counsel shall certify in writing that all 20 such Confidential Information have been returned. Counsel for each party also shall contact each 21 person to whom that party has provided a copy of any Confidential Information and request the 22 documents be returned. In lieu of returning Confidential Information, the person or party in possession 23 of such information may elect to destroy it. If the person or party in possession of Confidential 24 Information elects to destroy it rather than return it, that person or party must notify the designating 25 party in writing of the destruction of the information within ninety (90) days of the conclusion of 26 litigation between the parties, including final appellate action or the expiration of time to appeal or 27 seek further review. 28 18. Survival of the Terms of this Protective Order. Even after the termination of this 10 45663597;1 Case 2:16-cv-00572-GMN-PAL Document 52 Filed 09/12/18 Page 11 of 12 1 litigation, the confidentiality obligations imposed by this Protective Order shall remain in effect until 2 a Designating Party otherwise in writing or a court order otherwise directs. 3 This the 17th day of July, 2018. This the 17th day of July, 2018. 5 AKERMAN LLP TYSON & MENDES, LLP 6 /s/ Jamie K. Combs, Esq. ARIEL E. STERN, ESQ. Nevada Bar No. 8276 JAMIE K. COMBS, ESQ. Nevada Bar No. 13088 1635 Village Center Circle, Suite 200 Las Vegas, Nevada 89134 /s/ Margaret E. Schmidt, Esq. THOMAS E. MCGRATH, ESQ. Nevada Bar No. 7086 MARGARET E. SCHMIDT, ESQ. Nevada Bar No. 12489 3960 Howard Hughes Parkway, Suite 600 Las Vegas, Nevada 89169 4 7 8 9 AKERMAN LLP 1635 VILLAGE CENTER CIRCLE, SUITE 200 LAS VEGAS, NEVADA 89134 TEL.: (702) 634-5000 – FAX: (702) 380-8572 10 11 12 13 14 15 16 17 18 19 20 Attorneys for plaintiff Bank of America, N.A., Attorneys for defendant successor by merger to BAC Home Loans Homeowners Association Servicing, LP f/k/a Countrywide Home Loans Servicing, LP This the 17th day of July, 2018. Boulder Creek This the 12th day of September, 2018. KIM GILBERT EBRON /s/ Brandon E. Wood BRANDON E. WOOD, ESQ. Nevada Bar No. 12900 Nevada Association Services, Inc. 6224 West Desert Inn Road Las Vegas, Nevada 89146 /s/ Diana S. Ebron, Esq. DIANA S. EBRON, ESQ. Nevada Bar No. 10580 JACQUELINE A. GILBERT Nevada Bar No. 10593 KAREN L. HANKS Nevada Bar No. 9578 7625 Dean Martin Drive, Suite 110 Las Vegas, Nevada 89139 Attorney for defendant Nevada Association Services, Inc. Attorneys for defendant SFR Investments Pool 1, LLC 21 IT IS SO ORDERED. 22 23 _____________________________________ UNITED STATES MAGISTRATE JUDGE 24 25 September 13, 2018 DATED: __________________________ 26 27 28 11 45663597;1 Case 2:16-cv-00572-GMN-PAL Document 52 Filed 09/12/18 Page 12 of 12 EXHIBIT A 1 AKERMAN LLP 1635 VILLAGE CENTER CIRCLE, SUITE 200 LAS VEGAS, NEVADA 89134 TEL.: (702) 634-5000 – FAX: (702) 380-8572 2 ACKNOWLEDGEMENT AND AGREEMENT TO BE BOUND 3 I, ______________________, and read in its entirety and understand the Protective Order 4 that was issued by the United States District Court, for the District of Nevada, on 5 ________________, 2017, in the case of Bank of Am., N.A., successor by merger to BAC Home 6 Loans Servicing, LP f/k/a Countrywide Home Loans Servicing, LP, Case No. 2:16-cv-00572-GMN- 7 PAL. I agree to comply with and be bound by all terms of this Protective Order and I understand 8 and acknowledge that failure to so comply could expose me to sanctions and punishment in the 9 nature of contempt. I solemnly promise that I will not disclose in any manner any information or 10 item that is subject to this Protective Order to any person or entity except in strict compliance with 11 this Protective Order. Further, I solemnly promise that I will not offer to sell, advertise or publicize 12 that I have obtained any protected material subject to this Protective Order. 13 At the conclusion of this matter, I will return all protected materials which came into my 14 possession or control to counsel for the party from whom I received the protected material, or I will 15 destroy those materials. 16 summaries of protected material shall remain protected pursuant to the terms of this Order. I understand that any confidential information contained within any 17 I further agree to submit to the jurisdiction of the United States District Court, for the District 18 of Nevada for the purpose of enforcing the terms of this Protective Order, even if such enforcement 19 proceedings occur after termination of this action. 20 I certify under penalty of perjury that the foregoing is true and correct. 21 Date: ____________________________ 22 City and State where signed: ________________________________ 23 Printed Name: ___________________________________________ 24 Address: ________________________________________________ 25 Signature: _______________________________________________ 26 27 28 12 45663597;1
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