Ruperts Court Trust v. Federal National Mortgage Association, No. 2:2022cv00136 - Document 20 (D. Nev. 2022)
Court Description: ORDER Granting 19 Stipulated Protective Order. Signed by Magistrate Judge Nancy J. Koppe on 9/19/2022. (Copies have been distributed pursuant to the NEF - JQC)
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Ruperts Court Trust v. Federal National Mortgage Association Doc. 20 Case 2:22-cv-00136-RFB-NJK Document 20 19 Filed 09/19/22 Page 1 of 13 1 2 3 4 5 6 7 8 AKERMAN LLP 1635 VILLAGE CENTER CIRCLE, SUITE 200 LAS VEGAS, NEVADA 89134 TEL.: (702) 634-5000 – FAX: (702) 380-8572 9 ARIEL E. STERN, ESQ. Nevada Bar No. 8276 NATALIE L. WINSLOW, ESQ. Nevada Bar No. 12125 PAIGE L. MAGASTER, ESQ. Nevada Bar No. 15557 AKERMAN LLP 1635 Village Center Circle, Suite 200 Las Vegas, NV 89134 Telephone: (702) 634-5000 Facsimile: (702) 380-8572 Email: ariel.stern@akerman.com Email: natalie.winslow@akerman.com Email: paige.magaster@akerman.com Attorneys for Federal National Mortgage Association 10 UNITED STATES DISTRICT COURT 11 DISTRICT OF NEVADA 12 RUPERTS COURT TRUST, 13 14 15 16 Plaintiff, vs. Defendants. FEDERAL NATIONAL MORTGAGE ASSOCIATION, 19 20 21 22 STIPULATED PROTECTIVE ORDER FEDERAL NATIONAL MORTGAGE ASSOCIATION; DOE individuals I through XX; and roe corporations I through XX, 17 18 Case No.:2:22-cv-00136-RFB-NJK Counterclaimant, vs. RUPERTS COURT TRUST; DOES I through X, inclusive; and ROE CORPORATIONS I through X, inclusive, 23 Counterdefendants. 24 25 Subject to the approval of the Court, Ruperts Court Trust (Trust) and NewRez LLC d/b/a 26 Shellpoint Mortgage Servicing (Shellpoint), by and through their attorneys of record, stipulate to the 27 following Protective Order: 28 66455736;1 Dockets.Justia.com Case 2:22-cv-00136-RFB-NJK Document 20 19 Filed 09/19/22 Page 2 of 13 1 To expedite the flow of discovery, facilitate the prompt resolution of disputes over 2 confidentiality, adequately protect material claimed to be confidential, and ensure protection is 3 afforded only to material so designated, it is, pursuant to the Court's authority under Federal Rules of 4 Civil Procedure 26(c), ORDERED this Protective Order shall govern the disclosure, handling and 5 disposition of documents in this litigation as follows: 6 1. AKERMAN LLP 1635 VILLAGE CENTER CIRCLE, SUITE 200 LAS VEGAS, NEVADA 89134 TEL.: (702) 634-5000 – FAX: (702) 380-8572 7 Application. 1.1 This Protective Order shall govern any document, information or other material 8 that is designated as containing "Confidential Information" as defined herein, and is produced in 9 connection with this litigation by any person or entity (the "producing party"), whether in response to 10 a discovery request, subpoena or otherwise, to any other person or entity (the "receiving party") 11 regardless of whether the person or entity producing or receiving such information is a party to this 12 litigation. 13 1.2 The party who asserts that particular information should be treated as 14 Confidential Information under this Protective Order has the burden of proof to establish that the 15 information or document is entitled to such protection. 16 2. 17 Definitions. 2.1 Confidential Information. "Confidential Information" shall mean and include, 18 without limitation, any non-public information that concerns or relates to the following areas: 19 confidential proprietary information, trade secrets, practices and procedures, personal financial 20 information, commercial, financial, pricing, budgeting, and/or accounting information, information 21 about existing and potential customers, marketing studies, performance projections, business 22 strategies, decisions and/or negotiations, personnel and attorney compensation, evaluations and other 23 employment information, and confidential proprietary information about affiliates, parents, 24 subsidiaries and third-parties with whom the parties to this action have or have had business 25 relationships. 26 27 2.2 Documents. As used herein, the term "documents" includes all writings, records, files, drawings, graphs, charts, photographs, e-mails, video tapes, audio tapes, compact discs, 28 2 66455736;1 Case 2:22-cv-00136-RFB-NJK Document 20 19 Filed 09/19/22 Page 3 of 13 1 electronic messages, other data compilations from which information can be obtained and other 2 tangible things subject to production under the Federal Rules of Civil Procedure. 3 3. Initial Designation. 4 3.1 Good Faith Claims. Claims of confidentiality will be made only with respect to 5 documents, other tangible things and information that the asserting party has a good faith belief are 6 within the definition set forth in subparagraph 2.1 of this Protective Order. Objections to such claims 7 made pursuant to paragraph 5, below, shall also be made only in good faith. AKERMAN LLP 1635 VILLAGE CENTER CIRCLE, SUITE 200 LAS VEGAS, NEVADA 89134 TEL.: (702) 634-5000 – FAX: (702) 380-8572 8 3.2 Produced Documents. A party producing documents that it believes constitute 9 or contain Confidential Information shall state that the material is being produced under this 10 Protective Order by describing the documents or materials to be treated as confidential in writing, by 11 page or bates number wherever possible and/or shall produce copies bearing a label that contains or 12 includes language substantially identical to the following: 13 CONFIDENTIAL 14 This label shall be affixed in a manner that does not obliterate or obscure the contents of the 15 copies. If any person or party makes copies of documents designated as containing Confidential 16 Information, the copying person or party shall mark each such copy as containing Confidential 17 Information in the same form as the Confidentiality notice on the original document. 18 A party producing documents that are stored on electronic, magnetic, optical or other non-paper 19 media, such as compact discs, DVD's, video tapes and audio tapes (collectively, "data storage 20 devices") shall designate the data storage device as containing Confidential Information, by affixing a 21 label or stamp to the data storage device in the manner described above at the time copies of such data 22 storage devices are produced. If the receiving party or other persons or entities to whom disclosure is 23 authorized pursuant to subparagraph 7.1 make a copy of any data storage device designated by the 24 producing party as containing Confidential Information, the receiving party or other authorized person 25 shall mark each such copy as containing Confidential Information in the same form as the 26 confidentiality notice on the original data storage device produced. If the receiving party or other 27 authorized person prints out or otherwise makes copies of the documents or information stored on 28 3 66455736;1 Case 2:22-cv-00136-RFB-NJK Document 20 19 Filed 09/19/22 Page 4 of 13 1 such data storage device, the receiving party or other authorized person shall mark each page so 2 copied with the label or stamp specified in subparagraph 3.2. 3 3.3 4 demand believes that its answer contains Confidential Information, it shall state so in the interrogatory 5 response, and that portion of the response will be entitled to the protections of this order. AKERMAN LLP 6 1635 VILLAGE CENTER CIRCLE, SUITE 200 LAS VEGAS, NEVADA 89134 TEL.: (702) 634-5000 – FAX: (702) 380-8572 Interrogatory Answers. If a party answering an interrogatory or other discovery 3.4 Inspection of Documents. In the event a party elects to produce files and 7 records for inspection and the requesting party elects to inspect them, no designation of Confidential 8 Information needs to be made in advance of the inspection. For purposes of such inspection, all 9 material produced shall be considered as Confidential Information. If the inspecting party selects 10 specified documents to be copied, the producing party shall designate Confidential Information in 11 accordance with subparagraph 3.2 at the time the copies are produced. 12 3.5 Deposition Transcripts. The party asserting confidentiality shall state on the 13 record the portions it deems confidential. 14 confidential shall be a waiver unless the designating party notifies all other parties and files a motion 15 to designate the testimony as confidential within 5 days of the notification. 16 3.6 The failure to designate testimony on the record as Inadvertent Failure to Designate. Inadvertent failure to identify documents or 17 things as "Confidential" pursuant to this Protective Order shall not constitute a waiver of any 18 otherwise valid claim for protection, provided that the provisions of this paragraph are satisfied. If the 19 designating party discovers that information should have but was not designated "Confidential" or of 20 the designating party receives notice that would enable the designated party to learn that it has 21 disclosed such information, the designating party must immediately notify all other parties. In such 22 event, within thirty (30) days of notifying all other parties, the designating parties must also provide 23 copies of the "Confidential" information designated in accordance with this Protective Order. After 24 receipt of such re-designated information, the "Confidential" information shall be treated as required 25 by this Protective Order, and the receiving party(ies) shall promptly, and in no event more than 26 fourteen (14) calendar days from the receipt of the re-designated information, return to the designated 27 party all previously produced copies of the same unlegended documents or things. The designating 28 party and the parties may agree to alternative means. The receiving party(ies) shall receive no 4 66455736;1 Case 2:22-cv-00136-RFB-NJK Document 20 19 Filed 09/19/22 Page 5 of 13 1 liability, under this Protective Order or otherwise, for any disclosure of information contained in 2 unlegended documents or things occurring before the receiving party was placed on notice of the 3 designating party's claims of confidentiality. 4 4. 5 4.1 AKERMAN LLP Notification of Designation. If a party other than the producing party believes 6 that a producing party has produced a document that contains or constitutes Confidential Information 7 of the non-producing party, the non-producing party may designate the document as Confidential 8 Information by so notifying all parties in writing within fourteen (14) days of service of the document. 9 1635 VILLAGE CENTER CIRCLE, SUITE 200 LAS VEGAS, NEVADA 89134 TEL.: (702) 634-5000 – FAX: (702) 380-8572 Designations by Another Party. 4.2 Return of Documents; Non-disclosure. Whenever a party other than the 10 producing party designates a document produced by a producing party as Confidential Information in 11 accordance with subparagraph 4.1, each party receiving the document shall either add the Confidential 12 Information designation in accordance with subparagraph 3.2 or substitute a copy of the document 13 bearing such designation for each copy of the document produced by the producing party. Each party 14 shall destroy all undesignated copies of the document or return those copies to the producing party, at 15 the direction of the producing party. No party shall disclose a produced document to any person, other 16 than the persons authorized to receive Confidential Information under subparagraph 7.1, until after the 17 expiration of the fourteen (14) day designation period specified in subparagraph 4.1. If during the 18 fourteen (14) day designation period a party discloses a produced document to a person authorized to 19 receive Confidential Information under subparagraph 7.1, and that document is subsequently 20 designated as Confidential Information in accordance with subparagraph 4.1, the disclosing party shall 21 cause all copies of the document to be destroyed or returned to the producing party, at the direction of 22 the producing party. The party may thereafter disclose a copy of the document that has been marked 23 as Confidential Information by the designating party, in accordance with subparagraphs 3.2 and 7.1. 24 5. Objections to Designations. Any party objecting to a designation of Confidential 25 Information, including objections to portions of designations of multi-page documents, shall notify the 26 designating party and all other parties of the objection in writing up to and through trial of the matter. 27 This notice must specifically identify each document that the objecting party in good faith believes 28 should not be designated as Confidential Information and provide a brief statement of the grounds for 5 66455736;1 AKERMAN LLP 1635 VILLAGE CENTER CIRCLE, SUITE 200 LAS VEGAS, NEVADA 89134 TEL.: (702) 634-5000 – FAX: (702) 380-8572 Case 2:22-cv-00136-RFB-NJK Document 20 19 Filed 09/19/22 Page 6 of 13 1 such belief. In accordance with the Federal Rules of Civil Procedure governing discovery disputes, 2 the objecting and the designating parties thereafter shall confer within ten (10) days after the date of 3 such objection in an attempt to resolve their differences. If the parties are unable to resolve their 4 differences, the objecting party shall have twenty one (21) days after the conference concludes to file 5 with the Court a motion to remove the Confidential Information. If an objection is served within 6 forty-two (42) days of trial, the objecting party must file its motion to remove the Confidential 7 Information designation within half of the remaining time before trial, and the meet-and-confer period 8 shall be shortened accordingly. Where a party authored, created, owns, or controls a document, 9 information or other material that another party designates as Confidential Information, the party that 10 authored, created, owns, or controls the Confidential Information may so inform the objecting party 11 and thereafter shall also be considered a designating party for purposes of this paragraph. 12 All documents, information and other materials initially designated as Confidential Information 13 shall be treated as such in accordance with this Protective Order unless and until the Court rules 14 otherwise, except for deposition transcripts and exhibits initially considered as containing 15 Confidential Information under subparagraph 3.5, which will lose their confidential status after 16 twenty-one (21) days unless so designated as Confidential Information. If the Court rules that a 17 designation should not be maintained as to a particular document, the producing party shall, upon 18 written request by a party, provide that party a copy of that document without the designation 19 described in subparagraph 3.2. 20 If an objecting party elects not to make such a motion with respect to documents within twenty 21 one (21) days after the conference, information or other materials to which an objection has been 22 made, the objection shall be deemed withdrawn. The designating party shall have twenty one (21) 23 days to respond to the objecting party's motion. If no response is filed by the designating party within 24 twenty one (21) days, the designating party shall be deemed to have consented to the objecting party's 25 motion pursuant to LR 7-2(d). 26 6. Custody. All Confidential Information and any and all copies, extracts and summaries 27 thereof, including memoranda relating thereto, shall be retained by the receiving party in the custody 28 of counsel of record, or by persons to whom disclosure is authorized under subparagraph 7.1. 6 66455736;1 Case 2:22-cv-00136-RFB-NJK Document 20 19 Filed 09/19/22 Page 7 of 13 1 7. 2 3 Handling Prior to Trial. 7.1 Authorized Disclosures. Confidential Information shall be disclosed by the receiving party only to the following persons: 4 a. 5 paralegals, and secretarial personnel; 6 b. Confidential Information, and necessary stenographic, videotape and 8 clerical personnel; c. 10 AKERMAN LLP Qualified persons taking testimony in this litigation involving such 7 9 1635 VILLAGE CENTER CIRCLE, SUITE 200 LAS VEGAS, NEVADA 89134 TEL.: (702) 634-5000 – FAX: (702) 380-8572 Counsel for the parties in this litigation, including their associates, clerks, Experts and their staff who are retained by counsel as expert witnesses for a party in this litigation; 11 d. 12 Experts and their staff who are consulted by counsel for a party in this litigation; 13 e. Parties to this litigation, limited to the named party and, if that party is a 14 corporate entity, a limited number of employees of the corporate entity 15 and its insurers; 16 f. 17 Designated in-house counsel and a limited number of assistants, administrative or otherwise; 18 g. 19 Outside vendors employed by counsel for copying, scanning and general handling of documents; 20 h. Any person of whom testimony is taken regarding the Confidential 21 Information, except that such person may only be shown Confidential 22 Information during his/her testimony, and may not retain a copy of such 23 Confidential Information; and 24 i. 25 This Court and this Court's staff, subject to the Court's processes for filing materials under seal. 26 Such disclosures are authorized only to the extent necessary to investigate, prosecute, or 27 defend the litigation. 28 . . . 7 66455736;1 AKERMAN LLP 1635 VILLAGE CENTER CIRCLE, SUITE 200 LAS VEGAS, NEVADA 89134 TEL.: (702) 634-5000 – FAX: (702) 380-8572 Case 2:22-cv-00136-RFB-NJK Document 20 19 Filed 09/19/22 Page 8 of 13 1 Confidential Information may not be disclosed to persons under subparagraphs (c) or (d) until 2 the receiving party has obtained a written acknowledgment from the person receiving Confidential 3 Information, in the form of the Declaration attached hereto as Exhibit A, that he or she has received a 4 copy of this Protective Order and has agreed to be bound by it. A party who discloses Confidential 5 Information in accordance with subparagraph 7.1 shall retain the written acknowledgment from each 6 person receiving Confidential Information, shall maintain a list of all persons to whom a receiving 7 party has disclosed Confidential Information and identify what documents have been disclosed, and 8 shall furnish the written acknowledgments and disclosure list to opposing counsel as follows: (i) for a 9 person under subparagraph (c), within thirty (30) days after the person signs the Declaration; and (ii) 10 for a person under subparagraph (d), within thirty (30) days after the matter is finally concluded. 11 Disclosure of Confidential Information to this Court, including judicial staff, shall be made in 12 accordance with subparagraph 7.4 of this Protective Order. 13 7.2 Unauthorized Disclosures. All persons receiving Confidential Information 14 under the terms of this Protective Order are under the jurisdiction of the state courts and U.S. federal 15 courts located in Nevada for all matters arising from the improper disclosure or use of such 16 information. If Confidential Information is disclosed to any person other than in the manner 17 authorized by this Protective Order, the party or person responsible for the disclosure, and any other 18 party or person who is subject to this Protective Order and learns of such disclosure, shall immediately 19 bring such disclosure to the attention of the designating party. Without prejudice to other rights and 20 remedies of the designating party, the responsible party or person shall make every effort to obtain 21 and return the Confidential Information and to prevent further disclosure on its own part or on the part 22 of the person who was the unauthorized recipient of such information. 23 24 7.3 Court Filings. In the event any Confidential Information must be filed with the 25 Court prior to trial, the proposed filing shall be accompanied by a motion to file the Confidential Local Rule IA 10-5(b) Information under seal that complies with Local Rule 10-5(b) and a proposed order, and the 26 application and proposed order shall be directed to the judge to whom the Confidential Information is 27 directed. This provision is applicable to briefs, memoranda, and other filings which quote, summarize, 28 or describe Confidential Information. 8 66455736;1 Case 2:22-cv-00136-RFB-NJK Document 20 19 Filed 09/19/22 Page 9 of 13 1 another party shall exercise reasonable and appropriate care with regard to the storage, custody, 3 copying, and use of such information to ensure that the confidential and sensitive nature of same is 4 maintained. 9. Handling During Trial. Confidential Information that is subject to this Order may be 6 marked and used as trial exhibits by either party, subject to terms and conditions as imposed by the 7 Court upon application by any party. 8 AKERMAN LLP Care in Storage. Any person in possession of Confidential Information produced by 2 5 1635 VILLAGE CENTER CIRCLE, SUITE 200 LAS VEGAS, NEVADA 89134 TEL.: (702) 634-5000 – FAX: (702) 380-8572 8. 10. No Implied Waivers. This Protective Order shall not be interpreted as a waiver of the 9 right to object, under applicable law, to the furnishing of information in response to discovery requests 10 or to object to a requested inspection of documents or facilities. Parties producing Confidential 11 Information in this litigation are doing so only pursuant to the terms of this Protective Order. The 12 taking of any action in accordance with the provisions of this Protective Order shall not be interpreted 13 as a waiver of any claim or position or defense in this action, or any other actions. 14 11. No Admission. The designation of any item as Confidential Information shall not be 15 construed as an admission that such material, or any testimony concerning such material, would be 16 admissible in evidence in this litigation or in any other proceeding. 17 12. Inadvertent Disclosure. Nothing in this Protective Order abridges applicable law 18 concerning inadvertent disclosure of a document that the Disclosing Party believes contains attorney- 19 client communications, attorney work product, or otherwise privileged information. If a party 20 inadvertently discloses documents or information subject to a claim of privilege or work product 21 protection, such disclosure will not waive otherwise applicable claims of privilege or work product 22 protection under applicable law. Upon discovery by the Receiving Party, or receipt of written notice 23 from the Disclosing Party identifying privileged or protected Documents that were inadvertently 24 produced, the receiving party shall within seven (7) business days either: (a) return or certify the 25 destruction of all such documents, all copies, and any work product or portions of any work product 26 containing or reflecting the contents of the subject materials; or (b) after attempting to resolve any 27 dispute with opposing counsel informally, file a motion to challenge the assertion of privilege and 28 tender the subject documents for in camera review with the motion. The moving party shall do 9 66455736;1 Case 2:22-cv-00136-RFB-NJK Document 20 19 Filed 09/19/22 Page 10 of 13 1 nothing to compromise the privilege claim until the Court rules on said motion and the opportunity for 2 appellate review is exhausted or the issue is otherwise resolved. 3 13. 4 their use of their own documents and information, and nothing in this Protective Order shall preclude 5 any party from voluntarily disclosing its own documents or information to any party or nonparty. AKERMAN LLP 6 1635 VILLAGE CENTER CIRCLE, SUITE 200 LAS VEGAS, NEVADA 89134 TEL.: (702) 634-5000 – FAX: (702) 380-8572 Parties' Own Documents. This Protective Order shall in no way restrict the parties in 14. Motion by Third Party to Compel Production of Confidential Information. If any 7 third party subpoenas Confidential Information from a party to this action or moves to compel a party 8 to this action to produce any such information, such party shall immediately notify the parties who 9 originally produced and/or designated such information that a subpoena has been served or a motion 10 has been made in order to allow the parties who originally produced and/or designated such 11 information the opportunity to seek a protective order or oppose the motion or application. If, within 12 thirty (30) days after receiving notice of a subpoena seeking Confidential Information from a 13 receiving party, the party who originally produced and/or designated such information fails to move 14 for a protective order, the party subject to the subpoena may produce said information. In addition, if a 15 party is ordered to produce Confidential Information covered by this Protective Order, then notice 16 and, if available, a copy of the order compelling disclosure shall immediately be given the parties who 17 originally produced and/or designated such information. Nothing in this Protective Order shall be 18 construed as requiring the party who is ordered to produce such Confidential Information to challenge 19 or appeal any order requiring the production of such information or to subject himself/herself to any 20 penalty for non-compliance with any legal process or seek any relief from the Court. 21 15. No Effect on Other Rights. This Protective Order shall in no way abrogate or 22 diminish any pre-existing contractual, statutory, or other legal obligations or rights of any party with 23 respect to Confidential Information. 24 16. Modification. In the event any party hereto seeks a Court order to modify the terms of 25 this Protective Order, or seeks a protective order which incorporates the terms and conditions of this 26 Protective Order said party shall make such request by written stipulation or noticed motion to all 27 parties that must be served and filed in accordance with local court rules. 28 . . . 10 66455736;1 Case 2:22-cv-00136-RFB-NJK Document 20 19 Filed 09/19/22 Page 11 of 13 AKERMAN LLP 1635 VILLAGE CENTER CIRCLE, SUITE 200 LAS VEGAS, NEVADA 89134 TEL.: (702) 634-5000 – FAX: (702) 380-8572 1 17. Handling Upon Conclusion of Litigation. All parties, counsel, and persons to whom 2 disclosure was made agree to return all Confidential Information to the designating party within thirty 3 (30) days of the conclusion of litigation between the parties, including final appellate action or the 4 expiration of time to appeal or seek further review. In addition, counsel shall certify in writing that all 5 such Confidential Information have been returned. Counsel for each party also shall contact each 6 person to whom that party has provided a copy of any Confidential Information and request the 7 documents be returned. In lieu of returning Confidential Information, the person or party in possession 8 of such information may elect to destroy it. If the person or party in possession of Confidential 9 Information elects to destroy it rather than return it, that person or party must notify the designating 10 party in writing of the destruction of the information within ninety (90) days of the conclusion of 11 litigation between the parties, including final appellate action or the expiration of time to appeal or 12 seek further review. 13 . . . 14 . . . 15 . . . 16 . . . 17 . . . 18 . . . 19 . . . 20 . . . 21 . . . 22 . . . 23 . . . 24 . . . 25 . . . 26 . . . 27 . . . 28 . . . 11 66455736;1 Case 2:22-cv-00136-RFB-NJK Document 20 19 Filed 09/19/22 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 this 19th day of September, 2022. 5 6 AKERMAN, LLP ROGER P. CROTEAU & ASSOCIATES, LTD 7 /s/ Paige L. Magaster ARIEL E. STERN, ESQ. Nevada Bar No. 8276 NATALIE L. WINSLOW, ESQ. Nevada Bar No. 12125 PAIGE L. MAGASTER, ESQ. Nevada Bar No. 15557 1635 Village Center Circle, Suite 200 Las Vegas, NV 89134 /s/ Christopher L. Benner ROGER P. CROTEAU, ESQ. Nevada Bar No. 4958 CHRISTOPHER L. BENNER, ESQ. Nevada Bar No. 8963 2810 W. Charleston Boulevard, Suite 67 Las Vegas, NV 89102 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 Attorneys for Ruperts Court Trust Attorneys for NewRez LLC d/b/a Shellpoint Mortgage Servicing 14 15 IT IS SO ORDERED. 16 _____________________________________ UNITED STATES MAGISTRATE JUDGE Case No.:2:22-cv-00136-RFB-NJK 17 18 19 September 19, 2022 DATED: __________________________ 20 21 22 23 24 25 26 27 28 12 66455736;1 Case 2:22-cv-00136-RFB-NJK Document 20 19 Filed 09/19/22 Page 13 of 13 EXHIBIT A 1 ACKNOWLEDGEMENT AND AGREEMENT TO BE BOUND 2 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 6 ________________, 2022, in the case of Ruperts Court Trust v. NewRez LLC d/b/a Shellpoint Mortgage Servicing, et al., Case No.: 2:22-cv-00136-RFB-NJK. I agree to comply with and be 7 8 AKERMAN LLP 1635 VILLAGE CENTER CIRCLE, SUITE 200 LAS VEGAS, NEVADA 89134 TEL.: (702) 634-5000 – FAX: (702) 380-8572 9 bound by all terms of this Protective Order and I understand and acknowledge that failure to so comply could expose me to sanctions and punishment in the nature of contempt. I solemnly promise 10 that I will not disclose in any manner any information or item that is subject to this Protective Order 11 to any person or entity except in strict compliance with this Protective Order. Further, I solemnly 12 promise that I will not offer to sell, advertise or publicize that I have obtained any protected material 13 subject to this Protective Order. 14 At the conclusion of this matter, I will return all protected materials which came into my 15 16 possession or control to counsel for the party from whom I received the protected material, or I will 17 destroy those materials. I understand that any confidential information contained within any 18 summaries of protected material shall remain protected pursuant to the terms of this Order. 19 I further agree to submit to the jurisdiction of the United States District Court, for the District 20 of Nevada for the purpose of enforcing the terms of this Protective Order, even if such enforcement 21 proceedings occur after termination of this action. 22 I certify under penalty of perjury that the foregoing is true and correct. 23 Date: ____________________________ 24 City and State where signed: ________________________________ 25 Printed Name: ___________________________________________ 26 Address: ________________________________________________ 27 Signature: _______________________________________________ 28 13 66455736;1
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