Bank of America, N.A. v. Grand Sierra Resort Unit-Owners' Association et al, No. 3:2016cv00146 - Document 68 (D. Nev. 2018)

Court Description: ORDER granting ECF No. 65 Stipulation re Discovery Protective Order. Signed by Magistrate Judge William G. Cobb on 8/10/2018. (Copies have been distributed pursuant to the NEF - LH)

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Bank of America, N.A. v. Grand Sierra Resort Unit-Owners&#039; Association et al Doc. 68 Case 3:16-cv-00146-MMD-WGC Document 65 Filed 08/09/18 Page 1 of 13 1 6 ARIEL E. STERN, ESQ. Nevada Bar No. 8276 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: ariel.stern@akerman.com Email: vatana.lay@akerman.com 7 Attorneys for Plaintiff, Bank of America, N.A. 2 3 4 5 8 UNITED STATES DISTRICT COURT 9 10 AKERMAN LLP 1635 VILLAGE CENTER CIRCLE, SUITE 200 LAS VEGAS, NEVADA 89134 TEL.: (702) 634-5000 – FAX: (702) 380-8572 11 DISTRICT OF NEVADA Case No.: 3:16-cv-00146-MMD-WGC BANK OF AMERICA, N.A., Plaintiff, 12 STIPULATION AND PROTECTIVE ORDER 13 vs. 14 GRAND SIERRA RESORT UNIT-OWNERS' ASSOCIATION; MEI-GSR HOLDINGS, LLC; AM-GSR HOLDINGS, LLC; ALESSI & KOENIG, LLC, 15 16 Defendants. 17 18 19 Bank of America, N.A., Grand Sierra Resort Unit-Owners’ Association, MEI-GSR 20 Holdings, LLC, and AM-GSR Holdings, LLC, by and through their undersigned counsel, stipulate 21 to the following protective order: To expedite the flow of discovery, facilitate the prompt resolution of disputes over 22 23 confidentiality, adequately protect material claimed to be confidential, and ensure protection is 24 afforded only to material so designated, it is, pursuant to the Court's authority under Federal Rule 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 46022746;1 Dockets.Justia.com Case 3:16-cv-00146-MMD-WGC Document 65 Filed 08/09/18 Page 2 of 13 1 1. 2 1.1 material that is designated as containing "Confidential Information" as defined herein, and is 4 produced in connection with this litigation by any person or entity (the producing party), whether 5 in response to a discovery request, subpoena or otherwise, to any other person or entity (the 6 receiving party) regardless of whether the person or entity producing or receiving such information 7 is a party to this litigation. 2. Definitions. 2.1 9 AKERMAN LLP This Protective Order shall govern any document, information or other 3 8 1635 VILLAGE CENTER CIRCLE, SUITE 200 LAS VEGAS, NEVADA 89134 TEL.: (702) 634-5000 – FAX: (702) 380-8572 Application. Confidential Information. "Confidential Information" shall mean and include, 10 without limitation, any non-public information that concerns or relates to the following areas: 11 confidential proprietary information, trade secrets, practices and procedures, personal financial 12 information, commercial, financial, pricing, budgeting, and/or accounting information, information 13 about existing and potential customers, marketing studies, performance projections, business 14 strategies, decisions and/or negotiations, personnel compensation, evaluations and other employment 15 information, and confidential proprietary information about affiliates, parents, subsidiaries and third- 16 parties with whom the parties to this action have or have had business relationships. 2.2 17 Documents. As used herein, the term "documents" includes all writings, 18 records, files, drawings, graphs, charts, photographs, e-mails, video tapes, audio tapes, compact 19 discs, electronic messages, other data compilations from which information can be obtained and 20 other tangible things subject to production under the Federal Rules of Civil Procedure. 21 3. 22 Initial Designation. 3.1 Good Faith Claims. Claims of confidentiality will be made only with respect 23 to documents, other tangible things and information that the asserting party has a good faith belief 24 are within the definition set forth in subparagraph 2.1 of this Protective Order. Objections to such 25 claims made pursuant to paragraph 5, below, shall also be made only in good faith. 26 3.2 Produced Documents. A party producing documents that it believes constitute 27 or contain Confidential Information shall state that the material is being produced under this 28 Protective Order by describing the documents or materials to be treated as confidential in writing, by 2 46022746;1 Case 3:16-cv-00146-MMD-WGC Document 65 Filed 08/09/18 Page 3 of 13 1 page or bates number wherever possible and/or shall produce copies bearing a label that contains or 2 includes language substantially identical to the following: CONFIDENTIAL AKERMAN LLP 1635 VILLAGE CENTER CIRCLE, SUITE 200 LAS VEGAS, NEVADA 89134 TEL.: (702) 634-5000 – FAX: (702) 380-8572 3 4 This label shall be affixed in a manner that does not obliterate or obscure the contents of the 5 copies. If any person or party makes copies of documents designated as containing Confidential 6 Information, the copying person or party shall mark each such copy as containing Confidential 7 Information in the same form as the Confidentiality notice on the original document. 8 A party producing documents that are stored on electronic, magnetic, optical or other non- 9 paper media, such as compact discs, DVD's, video tapes and audio tapes (collectively, "data storage 10 devices”) shall designate the data storage device as containing Confidential Information, by affixing 11 a label or stamp to the data storage device in the manner described above at the time copies of such 12 data storage devices are produced. If the receiving party or other persons or entities to whom 13 disclosure is authorized pursuant to subparagraph 7.1 make a copy of any data storage device 14 designated by the producing party as containing Confidential Information, the receiving party or 15 other authorized person shall mark each such copy as containing Confidential Information in the 16 same form as the confidentiality notice on the original data storage device produced. If the receiving 17 party or other authorized person prints out or otherwise makes copies of the documents or 18 information stored on such data storage device, the receiving party or other authorized person shall 19 mark each page so copied with the label or stamp specified in subparagraph 3.2. 20 3.3 Interrogatory Answers. If a party answering an interrogatory or other 21 discovery demand believes that its answer contains Confidential Information, it shall state so in the 22 interrogatory response, and that portion of the response will be entitled to the protections of this 23 order. 24 3.4 Inspection of Documents. In the event a party elects to produce files and 25 records for inspection and the requesting party elects to inspect them, no designation of Confidential 26 Information needs to be made in advance of the inspection. For purposes of such inspection, all 27 material produced shall be considered as Confidential Information. If the inspecting party selects 28 /// 3 46022746;1 Case 3:16-cv-00146-MMD-WGC Document 65 Filed 08/09/18 Page 4 of 13 1 specified documents to be copied, the producing party shall designate Confidential Information in 2 accordance with subparagraph 3.2 at the time the copies are produced. 3 3.5 4 record the portions it deems confidential. The failure to designate testimony on the record as 5 confidential shall be a waiver unless the designating party notifies all other parties and files a motion 6 to designate the testimony as confidential within 5 days of the notification. AKERMAN LLP 7 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 Inadvertent Failure to Designate. Inadvertent failure to identify documents or 8 things as "Confidential" pursuant to this Protective Order shall not constitute a waiver of any 9 otherwise valid claim for protection, provided that the provisions of this paragraph are satisfied. If 10 the designating party discovers that information should have but was not designated "Confidential" 11 or of the designating party receives notice that would enable the designated party to learn that it has 12 disclosed such information, the designating party must immediately notify all other parties. In such 13 event, within thirty (30) days of notifying all other parties, the designating parties must also provide 14 copies of the "Confidential" information designated in accordance with this Protective Order. After 15 receipt of such re-designated information, the "Confidential" information shall be treated as required 16 by this Protective Order, and the receiving party(ies) shall promptly, and in no event more than 17 fourteen (14) calendar days from the receipt of the re-designated information, return to the 18 designated party all previously produced copies of the same unlegended documents or things. The 19 designating party and the parties may agree to alternative means. The receiving party(ies) shall 20 receive no liability, under this Protective Order or otherwise, for any disclosure of information 21 contained in unlegended documents or things occurring before the receiving party was placed on 22 notice of the designating party's claims of confidentiality. 23 4. 24 Designations by Another Party. 4.1 Notification of Designation. If a party other than the producing party believes 25 that a producing party has produced a document that contains or constitutes Confidential Information 26 of the non-producing party, the non-producing party may designate the document as Confidential 27 Information by so notifying all parties in writing within fourteen (14) days of service of the 28 document. 4 46022746;1 Case 3:16-cv-00146-MMD-WGC Document 65 Filed 08/09/18 Page 5 of 13 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 3 in accordance with subparagraph 4.1, each party receiving the document shall either add the 4 Confidential Information designation in accordance with subparagraph 3.2 or substitute a copy of the 5 document bearing such designation for each copy of the document produced by the producing party. 6 Each party shall destroy all undesignated copies of the document or return those copies to the 7 producing party, at the direction of the producing party. No party shall disclose a produced 8 document to any person, other than the persons authorized to receive Confidential Information under 9 subparagraph 7.1, until after the expiration of the fourteen (14) day designation period specified in 10 subparagraph 4.1. If during the fourteen (14) day designation period a party discloses a produced 11 document to a person authorized to receive Confidential Information under subparagraph 7.1, and 12 that document is subsequently designated as Confidential Information in accordance with 13 subparagraph 4.1, the disclosing party shall cause all copies of the document to be destroyed or 14 returned to the producing party, at the direction of the producing party. The party may thereafter 15 disclose a copy of the document that has been marked as Confidential Information by the 16 designating party, in accordance with subparagraphs 3.2 and 7.1. 17 5. Objections to Designations. Any party objecting to a designation of Confidential 18 Information, including objections to portions of designations of multi-page documents, shall notify 19 the designating party and all other parties of the objection in writing up to and through trial of the 20 matter. This notice must specifically identify each document that the objecting party in good faith 21 believes should not be designated as Confidential Information and provide a brief statement of the 22 grounds for such belief. 23 discovery disputes, the objecting and the designating parties thereafter shall confer within ten (10) 24 days after the date of such objection in an attempt to resolve their differences. If the parties are 25 unable to resolve their differences, the objecting party shall have twenty one (21) days after the 26 conference concludes to file with the Court a motion to remove the Confidential Information. If an 27 objection is served within forty-two (42) days of trial, the objecting party must file its motion to 28 remove the Confidential Information designation within half of the remaining time before trial, and In accordance with the Federal Rules of Civil Procedure governing 5 46022746;1 AKERMAN LLP 1635 VILLAGE CENTER CIRCLE, SUITE 200 LAS VEGAS, NEVADA 89134 TEL.: (702) 634-5000 – FAX: (702) 380-8572 Case 3:16-cv-00146-MMD-WGC Document 65 Filed 08/09/18 Page 6 of 13 1 the meet-and-confer period shall be shortened accordingly. Where a party authored, created, owns, 2 or controls a document, information or other material that another party designates as Confidential 3 Information, the party that authored, created, owns, or controls the Confidential Information may so 4 inform the objecting party and thereafter shall also be considered a designating party for purposes of 5 this paragraph. 6 All documents, information and other materials initially designated as Confidential 7 Information shall be treated as such in accordance with this Protective Order unless and until the 8 Court rules otherwise, except for deposition transcripts and exhibits initially considered as 9 containing Confidential Information under subparagraph 3.5, which will lose their confidential status 10 after twenty-one (21) 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 an objecting party elects not to make such a motion with respect to documents within 15 twenty one (21) days after the conference, information or other materials to which an objection has 16 been made, the objection shall be deemed withdrawn. The designating party shall have twenty one 17 (21) days to respond to the objecting party's motion. If no response is filed by the designating party 18 within twenty one (21) days, the designating party shall be deemed to have consented to the 19 objecting party's motion pursuant to LR 7-2(d). 20 6. Custody. All Confidential Information and any and all copies, extracts and 21 summaries thereof, including memoranda relating thereto, shall be retained by the receiving party in 22 the custody of counsel of record, or by persons to whom disclosure is authorized under subparagraph 23 7.1. 24 7. 25 Handling Prior to Trial. 7.1 Authorized Disclosures. Confidential Information shall be disclosed by the 26 receiving party only to the following persons: 27 a. 28 Counsel for the parties in this litigation, including their associates, clerks, paralegals, and secretarial personnel; 6 46022746;1 Case 3:16-cv-00146-MMD-WGC Document 65 Filed 08/09/18 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 10 entity 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 18 such 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) 24 until the receiving party has obtained a written acknowledgment from the person receiving 25 Confidential Information, in the form of the Declaration attached hereto as Exhibit A, that he or she 26 has received a copy of this Protective Order and has agreed to be bound by it. A party who discloses 27 Confidential Information in accordance with subparagraph 7.1 shall retain the written 28 acknowledgment from each person receiving Confidential Information, shall maintain a list of all 7 46022746;1 Case 3:16-cv-00146-MMD-WGC Document 65 Filed 08/09/18 Page 8 of 13 1 persons to whom a receiving party has disclosed Confidential Information and identify what 2 documents have been disclosed, and shall furnish the written acknowledgments and disclosure list to 3 opposing counsel as follows: (i) for a person under subparagraph (c), within thirty (30) days after the 4 person signs the Declaration; and (ii) for a person under subparagraph (d), within thirty (30) days 5 after the matter is finally concluded. Disclosure of Confidential Information to this Court, including 6 judicial staff, shall be made in 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 7 7.2 Unauthorized Disclosures. All persons receiving Confidential Information 8 under the terms of this Protective Order are under the jurisdiction of the state courts and U.S. federal 9 courts located in Nevada for all matters arising from the improper disclosure or use of such 10 information. If Confidential Information is disclosed to any person other than in the manner 11 authorized by this Protective Order, the party or person responsible for the disclosure, and any other 12 party or person who is subject to this Protective Order and learns of such disclosure, shall 13 immediately bring such disclosure to the attention of the designating party. Without prejudice to 14 other rights and remedies of the designating party, the responsible party or person shall make every 15 effort to obtain and return the Confidential Information and to prevent further disclosure on its own 16 part or on the part of the person who was the unauthorized recipient of such information. 17 7.3 Court Filings. In the event any Confidential Information must be filed with the 18 Court prior to trial, the proposed filing shall be accompanied by a motion to file the Confidential 19 Information under seal that complies with Local Rule 10-5(b) and a proposed order, and the 20 application and proposed order shall be directed to the judge to whom the Confidential Information 21 is directed. This provision is applicable to briefs, memoranda, and other filings which quote, 22 summarize, or describe Confidential Information. 23 8. Care in Storage. Any person in possession of Confidential Information produced by 24 another party shall exercise reasonable and appropriate care with regard to the storage, custody, 25 copying, and use of such information to ensure that the confidential and sensitive nature of same is 26 maintained. 27 /// 28 /// 8 46022746;1 Case 3:16-cv-00146-MMD-WGC Document 65 Filed 08/09/18 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 5 the right to object, under applicable law, to the furnishing of information in response to discovery 6 requests or to object to a requested inspection of documents or facilities. Parties producing 7 Confidential Information in this litigation are doing so only pursuant to the terms of this Protective 8 Order. The taking of any action in accordance with the provisions of this Protective Order shall not 9 be interpreted 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 15 attorney-client communications, attorney work product, or otherwise privileged information. If a 16 party inadvertently discloses documents or information subject to a claim of privilege or work 17 product protection, such disclosure will not waive otherwise applicable claims of privilege or work 18 product protection under applicable law. Upon discovery by the Receiving Party, or receipt of 19 written notice from the Disclosing Party identifying privileged or protected Documents that were 20 inadvertently produced, the receiving party shall within seven (7) business days either: (a) return or 21 certify the destruction of all such documents, all copies, and any work product or portions of any 22 work product containing or reflecting the contents of the subject materials; or (b) after attempting to 23 resolve any dispute with opposing counsel informally, file a motion to challenge the assertion of 24 privilege and tender the subject documents for in camera review with the motion. The moving party 25 shall do nothing to compromise the privilege claim until the Court rules on said motion and the 26 opportunity for appellate review is exhausted or the issue is otherwise resolved. 27 28 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 9 46022746;1 Case 3:16-cv-00146-MMD-WGC Document 65 Filed 08/09/18 Page 10 of 13 1 preclude any party from voluntarily disclosing its own documents or information to any party or 2 nonparty. AKERMAN LLP 1635 VILLAGE CENTER CIRCLE, SUITE 200 LAS VEGAS, NEVADA 89134 TEL.: (702) 634-5000 – FAX: (702) 380-8572 3 14. Motion by Third Party to Compel Production of Confidential Information. If any 4 third party subpoenas Confidential Information from a party to this action or moves to compel a 5 party to this action to produce any such information, such party shall immediately notify the parties 6 who originally produced and/or designated such information that a subpoena has been served or a 7 motion has been made in order to allow the parties who originally produced and/or designated such 8 information the opportunity to seek a protective order or oppose the motion or application. If, within 9 thirty (30) days after receiving notice of a subpoena seeking Confidential Information from a 10 receiving party, the party who originally produced and/or designated such information fails to move 11 for a protective order, the party subject to the subpoena may produce said information. In addition, if 12 a party is ordered to produce Confidential Information covered by this Protective Order, then notice 13 and, if available, a copy of the order compelling disclosure shall immediately be given the parties 14 who originally produced and/or designated such information. Nothing in this Protective Order shall 15 be construed as requiring the party who is ordered to produce such Confidential Information to 16 challenge or appeal any order requiring the production of such information or to subject 17 himself/herself to any penalty for non-compliance with any legal process or seek any relief from the 18 Court. 19 15. No Effect on Other Rights. This Protective Order shall in no way abrogate or 20 diminish any pre-existing contractual, statutory, or other legal obligations or rights of any party with 21 respect to Confidential Information. 22 16. Modification. In the event any party hereto seeks a Court order to modify the terms 23 of this Protective Order, or seeks a protective order which incorporates the terms and conditions of 24 this Protective Order said party shall make such request by written stipulation or noticed motion to 25 all parties that must be served and filed in accordance with local court rules. 26 17. Handling Upon Conclusion of Litigation. All parties, counsel, and persons to whom 27 disclosure was made agree to return all Confidential Information to the designating party within 28 thirty (30) days of the conclusion of litigation between the parties, including final appellate action or 10 46022746;1 AKERMAN LLP 1635 VILLAGE CENTER CIRCLE, SUITE 200 LAS VEGAS, NEVADA 89134 TEL.: (702) 634-5000 – FAX: (702) 380-8572 Case 3:16-cv-00146-MMD-WGC Document 65 Filed 08/09/18 Page 11 of 13 1 the expiration of time to appeal or seek further review. In addition, counsel shall certify in writing 2 that all such Confidential Information have been returned. Counsel for each party also shall contact 3 each person to whom that party has provided a copy of any Confidential Information and request the 4 documents be returned. In lieu of returning Confidential Information, the person or party in 5 possession of such information may elect to destroy it. If the person or party in possession of 6 Confidential Information elects to destroy it rather than return it, that person or party must notify the 7 designating party in writing of the destruction of the information within ninety (90) days of the 8 conclusion of litigation between the parties, including final appellate action or the expiration of time 9 to appeal or seek further review. 10 /// 11 /// 12 /// 13 /// 14 /// 15 /// 16 /// 17 /// 18 /// 19 /// 20 /// 21 /// 22 /// 23 /// 24 /// 25 /// 26 /// 27 /// 28 /// 11 46022746;1 Case 3:16-cv-00146-MMD-WGC Document 65 Filed 08/09/18 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 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 Dated this 9th day of August, 2018. Dated this 9th day of August, 2018. AKERMAN LLP COHEN JOHNSON PARKER EDWARDS /s/ Vatana Lay Ariel E. Stern, Esq. Nevada Bar No. 8276 Vatana Lay, Esq. Nevada Bar No. 12993 1635 Village Center Circle, Suite 200 Las Vegas, Nevada 89134 /s/ H. Stan Johnson H. Stan Johnson, Esq. Nevada Bar No. 00265 255 E. Warm Springs Road, Suite 100 Las Vegas, NV 89118 Attorneys for plaintiff Bank of America, N.A. Attorney for defendant MEI-GSR Holdings, LLC and AM-GSR Holdings, LLC Dated this 9th day of August, 2018. 14 15 16 HOA LAWYERS GROUP, LLC 18 /s/ Steven T. Loizzi, Jr. Steven T. Loizzi, Jr., Esq. Nevada Bar No. 10920 9500 West Flamingo Road, Suite 204 Las Vegas, Nevada 89147 19 Attorney for defendant Alessi & Koenig, LLC 17 20 21 22 23 IT IS SO ORDERED. /// /// 24 /// 25 /// 26 /// ______________________________________ UNITED STATES MAGISTRATE JUDGE DATED:_______________________________ 27 28 12 46022746;1 ORDER Paragraph 7.3 is modified to reflect that any motion regarding filing confidential information and motions to seal shall comply with LR IA 10-5 and the requirements of Kamakana v. City and County of Honolulu, 447 F.3d 1172 (9th Cir. 2006). See also, Center for Auto Safety v. Chrysler Group, LLC, 809 F.3d 1092, 1097 (9th Cir. 2016). Paragraph 18 is modified to reflect that although the parties may agree to be bound by the confidentiality terms of this Order beyond the conclusion of this lawsuit, the dismissal of this action will terminate the jurisdiction of this court. IT IS SO ORDERED. DATED: August 10, 2018. ______________________________________ UNITED STATES MAGISTRATE JUDGE 13 Case 3:16-cv-00146-MMD-WGC Document 65 Filed 08/09/18 Page 13 of 13 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 ________________, 2018, in the case of Bank of America, N.A., Case No. 3:16-cv-00146-MMD- 6 WGC. I agree to comply with and be bound by all terms of this Protective Order and I understand 7 and acknowledge that failure to so comply could expose me to sanctions and punishment in the 8 nature of contempt. I solemnly promise that I will not disclose in any manner any information or 9 item that is subject to this Protective Order to any person or entity except in strict compliance with 10 this Protective Order. Further, I solemnly promise that I will not offer to sell, advertise or publicize 11 that I have obtained any protected material subject to this Protective Order. 12 At the conclusion of this matter, I will return all protected materials which came into my 13 possession or control to counsel for the party from whom I received the protected material, or I will 14 destroy those materials. 15 summaries of protected material shall remain protected pursuant to the terms of this Order. I understand that any confidential information contained within any 16 I further agree to submit to the jurisdiction of the United States District Court, for the District 17 of Nevada for the purpose of enforcing the terms of this Protective Order, even if such enforcement 18 proceedings occur after termination of this action. 19 20 21 I certify under penalty of perjury that the foregoing is true and correct. Date: ____________________________ 22 City and State where signed: ________________________________ 23 Printed Name: ___________________________________________ 24 25 26 Address: ________________________________________________ Signature: _______________________________________________ 27 28 1413 46022746;1

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