Bank of America, N.A., v. Hollywood Highlands East Landscape Maintenance Association, Inc. et al, No. 2:2016cv02252 - Document 48 (D. Nev. 2018)
Court Description: ORDER granting 47 Stipulated Protective Order; Signed by Magistrate Judge Peggy A. Leen on 10/16/2018. (Copies have been distributed pursuant to the NEF - JM)
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Bank of America, N.A., v. Hollywood Highlands East Landscape Maintenance Association, Inc. et al Doc. 48 Case 2:16-cv-02252-RFB-PAL Document 47 Filed 10/11/18 Page 1 of 13 1 6 MELANIE D. MORGAN, ESQ. Nevada Bar No. 8215 VATANA LAY, ESQ. Nevada Bar No. 12993 AKERMAN LLP 1635 Village Center Circle, Suite 200 Las Vegas, NV 89134 Telephone: (702) 634-5000 Facsimile: (702) 380-8572 Email: melanie.morgan@akerman.com Email: vatana.lay@akerman.com 7 Attorneys for Plaintiff 2 3 4 5 8 UNITED STATES DISTRICT COURT 9 10 DISTRICT OF NEVADA AKERMAN LLP 1635 VILLAGE CENTER CIRCLE, SUITE 200 LAS VEGAS, NEVADA 89134 TEL.: (702) 634-5000 – FAX: (702) 380-8572 Case No.: BANK OF AMERICA, N.A., 11 2:16-cv-02252-RFB-PAL Plaintiff, 12 STIPULATED PROTECTIVE ORDER v. 13 14 15 HOLLYWOOD HIGHLANDS EAST LANDSCAPE MAINTENANCE ASSOCIATION, INC.; SATICOY BAY LLC SERIES 6526 ASTORVILLE; and NEVADA ASSOCIATION SERVICES, INC., 16 Defendants. 17 18 Subject to the approval of the court, Bank of America, N.A. (BANA), Hollywood Highlands 19 East Landscape Maintenance Association, Inc. (HOA), and Saticoy Bay LLC Series 6526 Astorville 20 21 (Saticoy) stipulate to the following Protective Order: To expedite the flow of discovery, facilitate the prompt resolution of disputes over 22 23 24 confidentiality, adequately protect material claimed to be confidential, and ensure protection is afforded only to material so designated, it is, pursuant to the Court's authority under Federal Rules of 25 Civil Procedure 26(c), ORDERED this Protective Order shall govern the disclosure, handling and 26 disposition of documents in this litigation as follows: 27 28 1 46331272;1 Dockets.Justia.com Case 2:16-cv-02252-RFB-PAL Document 47 Filed 10/11/18 Page 2 of 13 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 11 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. 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 2 46331272;1 Case 2:16-cv-02252-RFB-PAL Document 47 Filed 10/11/18 Page 3 of 13 1 made pursuant to paragraph 5, below, shall also be made only in good faith. 2 3.2 3 or contain Confidential Information shall state that the material is being produced under this 4 Protective Order by describing the documents or materials to be treated as confidential in writing, by 5 page or bates number wherever possible and/or shall produce copies bearing a label that contains or 6 includes language substantially identical to the following: AKERMAN LLP 7 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 CONFIDENTIAL 8 This label shall be affixed in a manner that does not obliterate or obscure the contents of the 9 copies. If any person or party makes copies of documents designated as containing Confidential 10 Information, the copying person or party shall mark each such copy as containing Confidential 11 Information in the same form as the Confidentiality notice on the original document. 12 A party producing documents that are stored on electronic, magnetic, optical or other non-paper 13 media, such as compact discs, DVD's, video tapes and audio tapes (collectively, "data storage 14 devices") shall designate the data storage device as containing Confidential Information, by affixing a 15 label or stamp to the data storage device in the manner described above at the time copies of such data 16 storage devices are produced. If the receiving party or other persons or entities to whom disclosure is 17 authorized pursuant to subparagraph 7.1 make a copy of any data storage device designated by the 18 producing party as containing Confidential Information, the receiving party or other authorized person 19 shall mark each such copy as containing Confidential Information in the same form as the 20 confidentiality notice on the original data storage device produced. If the receiving party or other 21 authorized person prints out or otherwise makes copies of the documents or information stored on 22 such data storage device, the receiving party or other authorized person shall mark each page so 23 copied with the label or stamp specified in subparagraph 3.2. 24 3.3 Interrogatory Answers. If a party answering an interrogatory or other discovery 25 demand believes that its answer contains Confidential Information, it shall state so in the interrogatory 26 response, and that portion of the response will be entitled to the protections of this order. 27 3.4 28 Inspection of Documents. In the event a party elects to produce files and 3 46331272;1 Case 2:16-cv-02252-RFB-PAL Document 47 Filed 10/11/18 Page 4 of 13 1 records for inspection and the requesting party elects to inspect them, no designation of Confidential 2 Information needs to be made in advance of the inspection. For purposes of such inspection, all 3 material produced shall be considered as Confidential Information. If the inspecting party selects 4 specified documents to be copied, the producing party shall designate Confidential Information in 5 accordance with subparagraph 3.2 at the time the copies are produced. 6 3.5 7 record the portions it deems confidential. 8 confidential shall be a waiver unless the designating party notifies all other parties and files a motion 9 to designate the testimony as confidential within 5 days of the notification. AKERMAN LLP 10 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 11 things as "Confidential" pursuant to this Protective Order shall not constitute a waiver of any 12 otherwise valid claim for protection, provided that the provisions of this paragraph are satisfied. If the 13 designating party discovers that information should have but was not designated "Confidential" or of 14 the designating party receives notice that would enable the designated party to learn that it has 15 disclosed such information, the designating party must immediately notify all other parties. In such 16 event, within thirty (30) days of notifying all other parties, the designating parties must also provide 17 copies of the "Confidential" information designated in accordance with this Protective Order. After 18 receipt of such re-designated information, the "Confidential" information shall be treated as required 19 by this Protective Order, and the receiving party(ies) shall promptly, and in no event more than 20 fourteen (14) calendar days from the receipt of the re-designated information, return to the designated 21 party all previously produced copies of the same unlegended documents or things. The designating 22 party and the parties may agree to alternative means. The receiving party(ies) shall receive no 23 liability, under this Protective Order or otherwise, for any disclosure of information contained in 24 unlegended documents or things occurring before the receiving party was placed on notice of the 25 designating party's claims of confidentiality. 26 4. 27 Designations by Another Party. 4.1 28 Notification of Designation. If a party other than the producing party believes 4 46331272;1 Case 2:16-cv-02252-RFB-PAL Document 47 Filed 10/11/18 Page 5 of 13 1 that a producing party has produced a document that contains or constitutes Confidential Information 2 of the non-producing party, the non-producing party may designate the document as Confidential 3 Information by so notifying all parties in writing within fourteen (14) days of service of the document. AKERMAN LLP 1635 VILLAGE CENTER CIRCLE, SUITE 200 LAS VEGAS, NEVADA 89134 TEL.: (702) 634-5000 – FAX: (702) 380-8572 4 4.2 Return of Documents; Non-disclosure. Whenever a party other than the 5 producing party designates a document produced by a producing party as Confidential Information in 6 accordance with subparagraph 4.1, each party receiving the document shall either add the Confidential 7 Information designation in accordance with subparagraph 3.2 or substitute a copy of the document 8 bearing such designation for each copy of the document produced by the producing party. Each party 9 shall destroy all undesignated copies of the document or return those copies to the producing party, at 10 the direction of the producing party. No party shall disclose a produced document to any person, other 11 than the persons authorized to receive Confidential Information under subparagraph 7.1, until after the 12 expiration of the fourteen (14) day designation period specified in subparagraph 4.1. If during the 13 fourteen (14) day designation period a party discloses a produced document to a person authorized to 14 receive Confidential Information under subparagraph 7.1, and that document is subsequently 15 designated as Confidential Information in accordance with subparagraph 4.1, the disclosing party shall 16 cause all copies of the document to be destroyed or returned to the producing party, at the direction of 17 the producing party. The party may thereafter disclose a copy of the document that has been marked 18 as Confidential Information by the designating party, in accordance with subparagraphs 3.2 and 7.1. 19 5. Objections to Designations. Any party objecting to a designation of Confidential 20 Information, including objections to portions of designations of multi-page documents, shall notify the 21 designating party and all other parties of the objection in writing forty-five (45) days before trial of the 22 matter. This notice must specifically identify each document that the objecting party in good faith 23 believes should not be designated as Confidential Information and provide a brief statement of the 24 grounds for such belief. In accordance with the Federal Rules of Civil Procedure governing discovery 25 disputes, the objecting and the designating parties thereafter shall confer within ten (10) days after the 26 date of such objection in an attempt to resolve their differences. If the parties are unable to resolve 27 their differences, the designating party shall have fourteen (14) days after the conference concludes to 28 5 46331272;1 AKERMAN LLP 1635 VILLAGE CENTER CIRCLE, SUITE 200 LAS VEGAS, NEVADA 89134 TEL.: (702) 634-5000 – FAX: (702) 380-8572 Case 2:16-cv-02252-RFB-PAL Document 47 Filed 10/11/18 Page 6 of 13 1 file with the Court a motion to deem the information as Confidential Information. Where a party 2 authored, created, owns, or controls a document, information or other material that another party 3 designates as Confidential Information, the party that authored, created, owns, or controls the 4 Confidential Information may so inform the objecting party and thereafter shall also be considered a 5 designating party for purposes of this paragraph. 6 All documents, information and other materials initially designated as Confidential Information 7 shall be treated as such in accordance with this Protective Order unless and until the Court rules 8 otherwise, except for deposition transcripts and exhibits initially considered as containing 9 Confidential Information under subparagraph 3.5, which will lose their confidential status after 10 fourteen (14) days unless so designated as Confidential Information. If the Court rules that a 11 designation should not be maintained as to a particular document, the producing party shall, upon 12 written request by a party, provide that party a copy of that document without the designation 13 described in subparagraph 3.2. 14 If a designating party elects not to make such a motion with respect to documents within 15 fourteen (14) days after the conference, information or other materials to which an objection has been 16 made, the Confidential Information designation shall be deemed withdrawn. The objecting party shall 17 have fourteen (14) days to respond to the objecting party's motion. If no response is filed by the 18 objecting party within fourteen (14) days, the designating party shall be deemed to have consented to 19 the designating party's motion. 20 6. Custody. All Confidential Information and any and all copies, extracts and summaries 21 thereof, including memoranda relating thereto, shall be retained by the receiving party in the custody 22 of counsel of record, or by persons to whom disclosure is authorized under subparagraph 7.1. 23 7. 24 25 Handling Prior to Trial. 7.1 Authorized Disclosures. Confidential Information shall be disclosed by the receiving party only to the following persons: 26 a. 27 Counsel for the parties in this litigation, including their associates, clerks, paralegals, and secretarial personnel; 28 6 46331272;1 Case 2:16-cv-02252-RFB-PAL Document 47 Filed 10/11/18 Page 7 of 13 1 b. 2 Confidential Information, and necessary stenographic, videotape and 3 clerical personnel; 4 c. 5 d. 7 Experts and their staff who are consulted by counsel for a party in this litigation; 8 e. 9 Parties to this litigation, limited to the named party and, if that party is a corporate entity, a limited number of employees of the corporate entity 10 and its insurers; 11 AKERMAN LLP Experts and their staff who are retained by counsel as expert witnesses for a party in this litigation; 6 1635 VILLAGE CENTER CIRCLE, SUITE 200 LAS VEGAS, NEVADA 89134 TEL.: (702) 634-5000 – FAX: (702) 380-8572 Qualified persons taking testimony in this litigation involving such f. 12 Designated in-house counsel and a limited number of assistants, administrative or otherwise; 13 g. 14 Outside vendors employed by counsel for copying, scanning and general handling of documents; 15 h. Any person of whom testimony is taken regarding the Confidential 16 Information, except that such person may only be shown Confidential 17 Information during his/her testimony, and may not retain a copy of such 18 Confidential Information; and 19 i. 20 21 22 This Court and this Court's staff, subject to the Court's processes for filing materials under seal. Such disclosures are authorized only to the extent necessary to investigate, prosecute, or defend the litigation. 23 Confidential Information may not be disclosed to persons under subparagraphs (c) or (d) until 24 the receiving party has obtained a written acknowledgment from the person receiving Confidential 25 Information, in the form of the Declaration attached hereto as Exhibit A, that he or she has received a 26 copy of this Protective Order and has agreed to be bound by it. A party who discloses Confidential 27 Information in accordance with subparagraph 7.1 shall retain the written acknowledgment from each 28 7 46331272;1 Case 2:16-cv-02252-RFB-PAL Document 47 Filed 10/11/18 Page 8 of 13 1 person receiving Confidential Information, shall maintain a list of all persons to whom a receiving 2 party has disclosed Confidential Information and identify what documents have been disclosed, and 3 shall furnish the written acknowledgments and disclosure list to opposing counsel as follows: (i) for a 4 person under subparagraph (c), within thirty (30) days after the person signs the Declaration; and (ii) 5 for a person under subparagraph (d), within thirty (30) days after the matter is finally concluded. 6 Disclosure of Confidential Information to this Court, including judicial staff, shall be made in 7 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 8 7.2 Unauthorized Disclosures. All persons receiving Confidential Information 9 under the terms of this Protective Order are under the jurisdiction of the state courts and U.S. federal 10 courts located in Nevada for all matters arising from the improper disclosure or use of such 11 information. If Confidential Information is disclosed to any person other than in the manner 12 authorized by this Protective Order, the party or person responsible for the disclosure, and any other 13 party or person who is subject to this Protective Order and learns of such disclosure, shall immediately 14 bring such disclosure to the attention of the designating party. Without prejudice to other rights and 15 remedies of the designating party, the responsible party or person shall make every effort to obtain 16 and return the Confidential Information and to prevent further disclosure on its own part or on the part 17 of the person who was the unauthorized recipient of such information. 18 7.3 Court Filings. In the event any Confidential Information must be filed with the 19 Court prior to trial, the proposed filing shall be accompanied by a motion to file the Confidential 20 Information under seal that complies with Local Rule 10-5(b) and a proposed order, and the 21 application and proposed order shall be directed to the judge to whom the Confidential Information is 22 directed. This provision is applicable to briefs, memoranda, and other filings which quote, summarize, 23 or describe Confidential Information. 24 8. Care in Storage. Any person in possession of Confidential Information produced by 25 another party shall exercise reasonable and appropriate care with regard to the storage, custody, 26 copying, and use of such information to ensure that the confidential and sensitive nature of same is 27 maintained. 28 8 46331272;1 Case 2:16-cv-02252-RFB-PAL Document 47 Filed 10/11/18 Page 9 of 13 1 marked and used as trial exhibits by either party, subject to terms and conditions as imposed by the 3 Court upon application by any party. 10. No Implied Waivers. This Protective Order shall not be interpreted as a waiver of the 5 right to object, under applicable law, to the furnishing of information in response to discovery requests 6 or to object to a requested inspection of documents or facilities. Parties producing Confidential 7 Information in this litigation are doing so only pursuant to the terms of this Protective Order. The 8 taking of any action in accordance with the provisions of this Protective Order shall not be interpreted 9 as a waiver of any claim or position or defense in this action, or any other actions. 10 AKERMAN LLP Handling During Trial. Confidential Information that is subject to this Order may be 2 4 1635 VILLAGE CENTER CIRCLE, SUITE 200 LAS VEGAS, NEVADA 89134 TEL.: (702) 634-5000 – FAX: (702) 380-8572 9. 11. No Admission. The designation of any item as Confidential Information shall not be 11 construed as an admission that such material, or any testimony concerning such material, would be 12 admissible in evidence in this litigation or in any other proceeding. 13 12. Inadvertent Disclosure. Nothing in this Protective Order abridges applicable law 14 concerning inadvertent disclosure of a document that the Disclosing Party believes contains attorney- 15 client communications, attorney work product, or otherwise privileged information. If a party 16 inadvertently discloses documents or information subject to a claim of privilege or work product 17 protection, such disclosure will not waive otherwise applicable claims of privilege or work product 18 protection under applicable law. Upon discovery by the Receiving Party, or receipt of written notice 19 from the Disclosing Party identifying privileged or protected Documents that were inadvertently 20 produced, the receiving party shall within seven (7) business days either: (a) return or certify the 21 destruction of all such documents, all copies, and any work product or portions of any work product 22 containing or reflecting the contents of the subject materials; or (b) follow the procedures outlined in 23 paragraph 5 above for objecting to the designation of Confidential Information. The objecting party 24 shall do nothing to compromise the privilege claim until the Court rules on said motion and the 25 opportunity for appellate review is exhausted or the issue is otherwise resolved. 26 27 13. Parties' Own Documents. This Protective Order shall in no way restrict the parties in their use of their own documents and information, and nothing in this Protective Order shall preclude 28 9 46331272;1 Case 2:16-cv-02252-RFB-PAL Document 47 Filed 10/11/18 Page 10 of 13 1 AKERMAN LLP 1635 VILLAGE CENTER CIRCLE, SUITE 200 LAS VEGAS, NEVADA 89134 TEL.: (702) 634-5000 – FAX: (702) 380-8572 2 any party from voluntarily disclosing its own documents or information to any party or nonparty. 14. Motion by Third Party to Compel Production of Confidential Information. If any 3 third party subpoenas Confidential Information from a party to this action or moves to compel a party 4 to this action to produce any such information, such party shall immediately notify the parties who 5 originally produced and/or designated such information that a subpoena has been served or a motion 6 has been made in order to allow the parties who originally produced and/or designated such 7 information the opportunity to seek a protective order or oppose the motion or application. If, within 8 thirty (30) days after receiving notice of a subpoena seeking Confidential Information from a 9 receiving party, the party who originally produced and/or designated such information fails to move 10 for a protective order, the party subject to the subpoena may produce said information. In addition, if a 11 party is ordered to produce Confidential Information covered by this Protective Order, then notice 12 and, if available, a copy of the order compelling disclosure shall immediately be given the parties who 13 originally produced and/or designated such information. Nothing in this Protective Order shall be 14 construed as requiring the party who is ordered to produce such Confidential Information to challenge 15 or appeal any order requiring the production of such information or to subject himself/herself to any 16 penalty for non-compliance with any legal process or seek any relief from the Court. 17 15. No Effect on Other Rights. This Protective Order shall in no way abrogate or 18 diminish any pre-existing contractual, statutory, or other legal obligations or rights of any party with 19 respect to Confidential Information. 20 16. Modification. In the event any party hereto seeks a Court order to modify the terms of 21 this Protective Order, or seeks a protective order which incorporates the terms and conditions of this 22 Protective Order said party shall make such request by written stipulation or noticed motion to all 23 parties that must be served and filed in accordance with local court rules. 24 17. Handling Upon Conclusion of Litigation. All parties, counsel, and persons to whom 25 disclosure was made agree to return all Confidential Information to the designating party within thirty 26 (30) days of the conclusion of litigation between the parties, including final appellate action or the 27 expiration of time to appeal or seek further review. In addition, counsel shall certify in writing that all 28 10 46331272;1 AKERMAN LLP 1635 VILLAGE CENTER CIRCLE, SUITE 200 LAS VEGAS, NEVADA 89134 TEL.: (702) 634-5000 – FAX: (702) 380-8572 Case 2:16-cv-02252-RFB-PAL Document 47 Filed 10/11/18 Page 11 of 13 1 such Confidential Information have been returned. Counsel for each party also shall contact each 2 person to whom that party has provided a copy of any Confidential Information and request the 3 documents be returned. In lieu of returning Confidential Information, the person or party in possession 4 of such information may elect to destroy it. If the person or party in possession of Confidential 5 Information elects to destroy it rather than return it, that person or party must notify the designating 6 party in writing of the destruction of the information within ninety (90) days of the conclusion of 7 litigation between the parties, including final appellate action or the expiration of time to appeal or 8 seek further review. 9 /// 10 /// 11 /// 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 11 46331272;1 Case 2:16-cv-02252-RFB-PAL Document 47 Filed 10/11/18 Page 12 of 13 1 18. Survival of the Terms of this Protective Order. Even after the termination of this 2 litigation, the confidentiality obligations imposed by this Protective Order shall remain in effect until 3 a Designating Party otherwise in writing or a court order otherwise directs. 4 DATED October 11, 2018. 5 6 7 8 9 10 AKERMAN LLP 1635 VILLAGE CENTER CIRCLE, SUITE 200 LAS VEGAS, NEVADA 89134 TEL.: (702) 634-5000 – FAX: (702) 380-8572 11 12 13 14 15 16 17 18 19 20 AKERMAN LLP LAW OFFICE OF MICHAEL F. BOHN /s/ Michael F. Bohn Michael F. Bohn, Esq.. Nevada Bar No. 1641 Adam R. Trippiedi, Esq. Nevada Bar No. 12294 2260 Corporate Circle, Suite 480 Henderson, NV 89074 Email: mbohn@bohnlawfirm.com /s/ Vatana Lay Melanie D. Morgan, Esq. Nevada Bar No. 8215 Vatana Lay, Esq. Nevada Bar No. 12993 1635 Village Center Circle, Suite 200 Las Vegas, NV 89134 Email: melanie.morgan@akerman.com Email: vatana.lay@akerman.com Attorneys for Plaintiff Bank of America, N.A. Attorney for Saticoy Bay LLC Series 6526 Astorville LIPSON NEILSON COLE SELTZER & GARIN /s/ Amber M. Williams Amber M. Williams, Esq. Nevada Bar No. 12301 9900 Covington Cross Drive, Suite 120 Las Vegas, NV 89144 Email: awilliams@lipsonneilson.com Attorney for Hollywood Highlands East Landscape Maintenance Association, Inc. 21 22 ORDER 23 24 IT IS SO ORDERED: 25 ______________________________________ UNITED STATES MAGISTRATE JUDGE 26 October 16, 2018 DATED: ______________________ 27 28 12 46331272;1 Case 2:16-cv-02252-RFB-PAL Document 47 Filed 10/11/18 Page 13 of 13 EXHIBIT A 1 ACKNOWLEDGEMENT AND AGREEMENT TO BE BOUND 2 3 4 5 6 I, ______________________, and read in its entirety and understand the Protective Order that was issued by the United States District Court, for the District of Nevada, on ________________, 2018, in the case of Bank of America, N.A., Case No. 2:16-cv-02252-RFBPAL. I agree to comply with and be bound by all terms of this Protective Order and I understand 7 8 AKERMAN LLP 1635 VILLAGE CENTER CIRCLE, SUITE 200 LAS VEGAS, NEVADA 89134 TEL.: (702) 634-5000 – FAX: (702) 380-8572 9 and acknowledge that failure to so comply could expose me to sanctions and punishment in the 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 16 17 18 destroy those materials. I understand that any confidential information contained within any summaries of protected material shall remain protected pursuant to the terms of this Order. I further agree to submit to the jurisdiction of the United States District Court, for the District 19 of Nevada for the purpose of enforcing the terms of this Protective Order, even if such enforcement 20 proceedings occur after termination of this action. 21 I certify under penalty of perjury that the foregoing is true and correct. 22 23 24 25 Date: ____________________________ City and State where signed: ________________________________ Printed Name: ___________________________________________ Address: ________________________________________________ Signature: _______________________________________________ DATED: ________________________________ 26 27 28 13 46331272;1
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