Flagstar Bank, FSB v. Grimstad et al, No. 2:2018cv00796 - Document 39 (D. Nev. 2018)
Court Description: STIPULATED PROTECTIVE ORDER granting, as amended, 38 Stipulation. Signed by Magistrate Judge Nancy J. Koppe on 9/5/2018. (Copies have been distributed pursuant to the NEF - MMM)
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Flagstar Bank, FSB v. Grimstad et al Doc. 39 Case 2:18-cv-00796-RFB-NJK Document 38 Filed 09/04/18 Page 1 of 10 1 2 3 4 5 6 7 DICKINSON WRIGHT PLLC Cynthia L. Alexander, Esq. Nevada Bar No. 6718 Email: calexander@dickinson-wright.com Taylor Anello, Esq. Nevada Bar No. 12881 Email: tannello@dickinson-wright.com 8363 West Sunset Road, Suite 200 Las Vegas, Nevada 89113-2210 Tel: (702) 550-4400 Fax: (702) 382-1661 Attorneys for Plaintiff/Counterdefendant Flagstar Bank, FSB 8 IN THE UNITED STATES DISTRICT COURT 9 10 8363 West Sunset Road, Suite 200 Las Vegas, Nevada 89113-2210 11 DISTRICT OF NEVADA FLAGSTAR BANK, FSB, a federal savings bank, Case No.: 2:18-cv-00796-RFB-NJK Plaintiff, 12 13 vs. 14 Special Administrator or Personal [PROPOSED] STIPULATED PROTECTIVE Representative for THE ESTATE OF ORDER TARJE KNUTE GRIMSTAD; THE COVES HOMEOWNERS ASSOCIATION a Nevada corporation; SATICOY BAY LLC SERIES 300 CROSSWIND, a Nevada limited liability company; ALESSI & KOENIG, LLC, a Nevada limited liability company; and DOES 1 through 10, inclusive, 15 16 17 18 Defendants. 19 20 21 22 23 24 25 26 SATICOY BAY LLC SERIES 300 CROSSWIND, Counterclaimant, v. FLAGSTAR BANK, FSB, a federal savings bank, Counterdefendant. 27 28 1 Dockets.Justia.com Case 2:18-cv-00796-RFB-NJK Document 38 Filed 09/04/18 Page 2 of 10 1 2 3 4 5 6 SATICOY BAY LLC SERIES 300 CROSSWIND, Crossclaimant v. Special Administrator of Personal Representative for THE ESTATE OF TARJE KNUTE GRIMSTAD, Crossdefendants. 8363 West Sunset Road, Suite 200 Las Vegas, Nevada 89113-2210 7 8 Pursuant to Fed. R. Civ. P. 26(c), Plaintiff Flagstar Bank, FSB (“Plaintiff”), 9 Defendant/Counterclaimant/Crossclaimnat Saticoy Bay LLC Series 300 Crosswind (“Saticoy 10 Bay”) and Defendant The Coves Homeowners Association (“HOA”), through their undersigned 11 counsel of record hereby agree and stipulate (collectively “Parties”) hereby stipulate and request 12 that the following Protective Order (“Order”) be entered by the Court in the above entitled 13 action. 14 15 WHEREAS, it is anticipated that the Parties will be producing documents during the discovery phase of this litigation; 16 WHEREAS, the discovery procedures in this case may require disclosure of information, 17 either documentary or testimonial or both, that contain sensitive information relating to the 18 Parties' trade secrets, processes, operations, research, know-how or apparatus, identification of 19 customers, amount or source of income, profits, losses, or expenditures, technical or 20 developmental information, or information concerning the Parties' services, marketing, sales, 21 shipments, purchases, pricing, or transfers; 22 WHEREAS, the Parties have agreed that the documents that contain sensitive 23 information are so numerous that determining protected status on a document by document basis 24 would unduly interfere with the prompt and efficient disposition of this lawsuit; 25 WHEREAS, in the ordinary course of their respective businesses the Parties make 26 significant efforts to keep such information confidential from competitors, customers, and the 27 public at large, as disclosure of such information would impair its value or place a party at a 28 competitive disadvantage; 2 Case 2:18-cv-00796-RFB-NJK Document 38 Filed 09/04/18 Page 3 of 10 1 WHEREAS, the exchange of sensitive information between the Parties and/or third 2 parties other than in accordance with this Order may cause unnecessary damage and injury to the 3 Parties and to others; 4 WHEREAS, the Parties have agreed upon the terms of this Order; and 5 WHEREAS, the Court finds that the terms of this Order are fair and just and that good 6 7 IT IS STIPULATED that under FED.R.CIV.P. 26(c), the terms of this Agreed Protective 8 Order shall apply to, and shall govern, all documents, information, things, discovery responses, 9 testimony, and exhibits provided by a party or a non-party to this action ("the Producing Party") 10 8363 West Sunset Road, Suite 200 Las Vegas, Nevada 89113-2210 cause has been shown for entry of this Order; to another party to this action ("the Receiving Party") as set forth below: 11 1. Identification of confidential materials 12 A. As used herein, the term "CONFIDENTIAL INFORMATION" includes: (i) 13 confidential, proprietary, or commercially sensitive information; and (ii) any information which 14 is not generally known and which the Producing Party would not normally reveal to third parties 15 or would cause third parties to maintain in confidence. 16 2. Designation of Confidential Information 17 A. The designation of CONFIDENTIAL INFORMATION, whether by a party or a 18 non-party, shall be made by placing on the information, document, or tangible item the legend 19 "CONFIDENTIAL," as appropriate under the terms of Section 1. No party or non-party shall 20 indiscriminately or unreasonably stamp or maintain documents as CONFIDENTIAL, 21 B. The designation of CONFIDENTIAL INFORMATION, shall be made prior to, or 22 contemporaneously with, the production or disclosure of the information, document, or tangible 23 item. Except as provided in Section 3, in the case of an inspection on premises of documents or 24 things, all documents and things produced for inspection shall be provisionally designated as 25 CONFIDENTIAL INFORMATION, then marked appropriately when copied and physically 26 produced. In the case of depositions, the party or nonparty shall advise all parties in writing of 27 the specific pages of the deposition that shall be designated as CONFIDENTIAL within 14 days 28 3 Case 2:18-cv-00796-RFB-NJK Document 38 Filed 09/04/18 Page 4 of 10 1 after receipt of the deposition transcript by its counsel (during which period such information 2 shall be considered CONFIDENTIAL INFORMATION. 3 The restrictions and obligations set forth in this Agreed Protective Order 4 pertaining to use and disclosure of confidential information shall not apply to information which 5 is public knowledge or has become public knowledge other than as a result of disclosure in 6 violation of this Agreed Protective Order. 7 3. Disclosure of Confidential Information 8 A. 9 10 11 8363 West Sunset Road, Suite 200 Las Vegas, Nevada 89113-2210 C. 12 CONFIDENTIAL INFORMATION shall not be made available, nor the contents thereof disclosed, to persons other than: (i.) Outside counsel of record for a party and employees of such counsel who have direct functional responsibility for the preparation and trial of the lawsuit; (ii.) Employees of a party, including in-house counsel, required in good faith 13 to provide assistance in the conduct of the litigation in which the information was 14 disclosed and who have executed a declaration in the form attached hereto as Exhibit A; 15 (iii.) The Court, its personnel, jurors and alternate jurors, and court reporters, 16 stenographers and videographers transcribing or recording testimony at depositions, 17 hearings or trial in this action; 18 (iv.) Photocopy, document imaging, and database service providers and 19 consultants retained by outside counsel of record to set up, maintain and/or operate 20 computer systems, litigation databases or to convert data for inclusion in such databases; 21 (v.) Graphics, translation, design, and/or trial consulting service providers, 22 including mock jurors who have agreed to be bound to the terms of this Agreed 23 Protective Order per the declaration attached hereto as Exhibit A, retained by a party, 24 provided that such persons are screened to ensure that no such person is a regular 25 employee or agent of the Receiving Party or a regular employee or agent of a direct 26 competitor of the designating party; and 27 28 (vi.) Independent consultants, investigators, or experts (hereinafter referred to collectively as "Experts") who are expressly retained by the parties or counsel for the 4 8363 West Sunset Road, Suite 200 Las Vegas, Nevada 89113-2210 Case 2:18-cv-00796-RFB-NJK Document 38 Filed 09/04/18 Page 5 of 10 1 parties to assist in the preparation and trial of the lawsuit. A party who retains an Expert 2 must notify all other parties in writing of the name of the person(s) to whom disclosure is 3 to be made, providing at that time an executed declaration in the form attached hereto as 4 Exhibit A, together with a current copy of the curriculum vitae of the Expert(s) to whom 5 such disclosure is to be made. No designated information shall be disclosed to any expert 6 until at least five (5) business days have lapsed following the notice of the expected 7 disclosure to the proposed expert. If a party makes a written objection to the proposed 8 Expert within the five day period, no disclosure of designated information may be made 9 to the proposed Expert pending a negotiated, written resolution of the objection or an 10 appropriate, further order of the Court. 11 B. Nothing herein shall prohibit the disclosure of confidential information at a 12 deposition, hearing, or trial in this case to (i) representatives of the Producing Party or (ii) a 13 person who is identified on the face of the document that is designated confidential or in an 14 accompanying transmittal as having authored or previously received a copy of the document that 15 is designated confidential. 16 4. Use of Confidential Information 17 All information, documents, things, etc. designated or reflecting CONFIDENTIAL 18 INFORMATION shall be used solely for the purposes of preparation, trial and appeal of this 19 Action, and for no other purpose, absent further order of the Court. 20 5. Confidential information filed with court 21 Pursuant to L.R.CIV.R. 10(5), the Parties will comply with the Administrative 22 Procedures of the Court governing the physical requirements related to filing documents under 23 seal (i.e., format of electronic media, physical versus electronic filing, etc.). A party submitting a 24 document or portion of a document for filing under seal under a governing statute, rule, or order 25 must note on the face of the document that it or a portion of it is filed under seal under that 26 statute, rule, or order (specifying the statute(s), rule(s) or order(s) relied upon). Any document 27 not covered by such a statute, rule or order and filed with the intention of being sealed must be 28 accompanied by a motion to seal. The document and any confidential memoranda will be treated 5 Case 2:18-cv-00796-RFB-NJK Document 38 Filed 09/04/18 Page 6 of 10 1 as sealed pending the outcome of the ruling on the motion. Any filing unaccompanied by a 2 motion to seal will be treated as a public record. Any motion to seal will be accompanied by a 3 non-confidential supporting memorandum, a notice that identifies the motion as a sealing 4 motion, and a proposed order. A party may also submit a confidential memorandum for in 5 camera review. The non-confidential memorandum and the proposed order will include: 6 A. 8363 West Sunset Road, Suite 200 Las Vegas, Nevada 89113-2210 7 B. See order issued 8 herewith suffice; concurrently A non-confidential description of what is to be sealed; A statement of why sealing is necessary, and why another procedure will not 9 C. References to governing case law; and 10 D. Unless permanent sealing is sought, a statement of the period of time the party 11 seeks to have the matter maintained under seal and how the matter is to be handled upon 12 unsealing. 13 E. The proposed order will recite the findings required by governing case law to 14 support the proposed sealing. Any confidential memoranda will be treated as sealed pending the 15 outcome of the ruling on the motion. 16 6. Challenging Designation of Confidentiality 17 Upon motion, any party may bring before the Court the question of whether any 18 particular information is properly designated CONFIDENTIAL INFORMATION. The party 19 asserting confidentiality shall have the burden of establishing its confidentiality and entitlement 20 to protection. 21 7. Failure to Designate Confidential Information 22 Failure of a party or non-party to designate or mark any document, thing, or testimony as 23 CONFIDENTIAL INFORMATION, as provided above shall not preclude the Producing Party 24 from thereafter in good faith making such a designation and requesting Receiving Party to so 25 mark and treat such documents and things so designated. The Receiving Party, however, shall 26 incur no liability for disclosures made prior to notice of such designations. 27 8. Objection to Production of Documents 28 6 8363 West Sunset Road, Suite 200 Las Vegas, Nevada 89113-2210 Case 2:18-cv-00796-RFB-NJK Document 38 Filed 09/04/18 Page 7 of 10 1 The fact that material may be deemed CONFIDENTIAL INFORMATION pursuant to 2 this Agreed Protective Order does not prevent the Producing Party from interposing any 3 objection to its production, other than the fact that the material contains confidential information. 4 That is, a party may still object on the basis of privilege, relevance, work product or any other 5 recognized ground for objection. 6 9. Non-Party Subpoenas Requesting Confidential Information 7 If a non-party to this action subpoenas or requests information designated 8 CONFIDENTIAL INFORMATION under this Order, the Receiving Party shall not produce such 9 information before providing written notice of the subpoena or request to the Producing Party 10 and the Producing Party has had an opportunity to intervene and/or oppose the non-party's 11 subpoena or request if it chooses. Nothing in this Order prevents a party who receives a 12 subpoena or request from a non-party from disclosing/producing the documents or information 13 that it designated as CONFIDENTIAL INFORMATION. 14 10. Return of Confidential Material at the Conclusion of the Action 15 Within 60 days after final termination of this litigation, counsel for each of the Parties 16 shall return to the originating source, or certify in writing the destruction of, all Confidential 17 Information and all copies thereof; provided, however, outside counsel of record for each party 18 may retain one copy of each document or thing which such counsel deems necessary for use only 19 with respect to issues which might later arise in matters related to this litigation, provided such 20 counsel notify the opposing counsel of the Confidential Information which is retained and the 21 reason for such retention. 22 11. Inadvertent or Unintentional Production of Privileged Material 23 A. The inadvertent or unintentional production of information or documents which a 24 party or non-party later claims should not have been produced because of a privilege, including 25 but not limited to the attorney-client privilege, work product privilege, joint defense privilege, 26 and/or settlement privilege ("Inadvertently Produced Privileged Material") will not be deemed to 27 waive any privileges. 28 7 Case 2:18-cv-00796-RFB-NJK Document 38 Filed 09/04/18 Page 8 of 10 8363 West Sunset Road, Suite 200 Las Vegas, Nevada 89113-2210 1 B. Upon discovering disclosure of Inadvertently Produced Privileged Material, the 2 party or non-party shall promptly request the return of any Inadvertently Produced Privileged 3 Material. Prior to the receipt of such notice, disclosure to persons not authorized to receive such 4 information shall not be deemed a violation of this Protective Order and shall not be deemed to 5 be a waiver of any privilege held by the Producing Party. Upon receiving such request, the 6 Receiving Party(ies) shall not use or disclose, and shall immediately cease any prior use of, such 7 materials and shall promptly destroy all copies of the Inadvertently Produced Privileged 8 Material. 9 C. Within 14 calendar days of informing the Receiving Party of the inadvertent 10 disclosure, the Producing Party shall identify the item or items of information on a privilege log 11 and shall provide a replacement, redacted to obscure only the privileged or immune information, 12 for any item that contains both privileged or immune and relevant non-privileged information. 13 The return or destruction of any Inadvertently Produced Privileged Material shall not preclude 14 the Receiving Party(ies) from moving the Court for an order compelling production of the 15 Inadvertently Produced Privileged Material on a basis other than a waiver caused by the 16 inadvertent or unintentional production. The Receiving Party may retain one copy of such 17 document or thing for the sole purpose of challenging the Producing Party's claim of privilege. 18 12. Future Representation by Counsel 19 It is not the intent of the Parties, or of the Court, that an attorney or law firm that acquires 20 knowledge of or is given access to CONFIDENTIAL INFORMATION pursuant to this Order 21 should thereby be disqualified from other representations adverse to the producing party solely 22 because of such knowledge or access. 23 /// 24 /// 25 26 27 28 8 Case 2:18-cv-00796-RFB-NJK Document 38 Filed 09/04/18 Page 9 of 10 1 13. Counsel Rendering Advise to Their Clients 2 Nothing in this Order shall prevent or otherwise restrict counsel from rendering advice to 3 their clients and, in the course thereof, relying generally on material designated 4 CONFIDENTIAL INFORMATION, provided however, that in rendering such advice counsel 5 shall not disclose, reveal, or describe the content of any material so designated except insofar as 6 allowed (if allowed at all) under the terms of this Order. 7 8 Dated September 4, 2018 9 DICKINSON WRIGHT, PLLC 10 8363 West Sunset Road, Suite 200 Las Vegas, Nevada 89113-2210 11 12 13 14 15 Dated September 4, 2018 Boyack Orme & Anthony By: _/s/ Colli McKiever, Esq.______ By: _/s/ Cynthia L. Alexander, Esq.______ Edward Boyack Cynthia L. Alexander, Esq. Colli Christine McKiever Nevada Bar No. 6718 7432 W. Sahara Avenue Taylor Anello, Esq. Suite101 Nevada Bar No. 12881 Las Vegas, NV 89117 8363 West Sunset Road, Suite 200 702-562-3415 Attorneys for Defendant The Coves Las Vegas, Nevada 89113-2210 Homeowners Association Attorneys for Plaintiff/Counterdefendant Flagstar Bank, FSB 16 Dated September 4, 2018 17 Law Offices of Michael F. Bohn, Esq., Ltd. 18 By: _/s/ Michael F. Bohn, Esq.______ MICHAEL F. BOHN, ESQ. 2260 Corporate Circle Suite 480 Henderson, NV 89074 (702) 642-3113 Attorney for Saticoy Bay LLC Series 300 Crosswind 19 20 21 22 23 IT IS SO ORDERED: 24 25 DATED: September 5 , 2018 By: 26 United States Magistrate Judge UNITED STATES DISTRICT JUDGE 27 28 9
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