Proficio Mortgage Ventures, LLC, No. 2:2015cv00510 - Document 25 (D. Nev. 2015)
Court Description: STIPULATED CONFIDENTIALITY AND PROTECTIVE ORDER Granting 24 Stipulation filed by Proficio Mortgage Ventures, LLC. Signed by Magistrate Judge Cam Ferenbach on 7/1/15. (Copies have been distributed pursuant to the NEF - TR)
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Proficio Mortgage Ventures, LLC 1 2 3 4 5 6 7 8 9 10 GREENBERG TRAURIG, LLP 3773 Howard Hughes Parkway, Suite 400 North Las Vegas, Nevada 89169 Telephone: (702) 792-3773 Facsimile: (702) 792-9002 11 12 Doc. 25 JACOB D. BUNDICK, ESQ. Nevada Bar No. 9772 bundickj@gtlaw.com GREENBERG TRAURIG, LLP 3773 Howard Hughes Parkway Suite 400 North Las Vegas, Nevada 89169 Telephone: (702) 792-3773 Facsimile: (702) 792-9002 CHRISTI A. LAWSON, ESQ. clawson@foley.com (admitted pro hac vice) THOMAS S. CARGILL, ESQ. tcargill@foley.com (admitted pro hac vice) FOLEY & LARDNER LLP 111 North Orange Ave., Suite 1800 Orlando, Florida 32801-2386 Telephone: (407) 423-7656 Facsimile: (407) 648-1743 Counsel for Plaintiff Proficio Mortgage Ventures, LLC 13 14 UNITED STATES DISTRICT COURT 15 DISTRICT OF NEVADA 16 17 PROFICIO MORTGAGE VENTURES, LLC, Case No. 2:15-cv-00510-RFB-VCF Plaintiff, 18 19 20 [PROPOSED] STIPULATED CONFIDENTIALITY AND PROTECTIVE ORDER v. THE FEDERAL SAVINGS BANK, Defendant. 21 22 23 Pursuant to Local Rule 16.1-4, the parties jointly submit this Proposed Stipulated Confidentiality and Protective Order, as follows: 24 25 26 WHEREAS, in connection with the above-captioned action (the “Lawsuit”), PROFICIO MORTGAGE VENTURES, LLC (“PMV”) and THE FEDERAL SAVINGS BANK (“FSB”) (each a “Party,” and collectively the “Parties”) have agreed to this Stipulated Confidentiality and Protective 27 28 4816-5063-6581.2 Page 1 of 12 Dockets.Justia.com 1 Order (the “Order”) setting forth the terms and conditions under which they will exchange 2 confidential or proprietary information and the terms and conditions of the use thereof; 3 WHEREAS, each Party possesses, controls, or has in its custody certain non-public personal 4 consumer information (“NPPI”) that it considers to be confidential or highly confidential and that the 5 public disclosure of which may cause irreparable damage and/or violate consumer privacy laws; and 6 WHEREAS, as used in this Order, PMV and FSB includes their respective agents, 7 employees, officers, directors, controlling persons, consultants, advisors, accountants and legal 8 counsel (collectively, the “Representatives”), and PMV and FSB represent that all Representatives 9 who receive or generate confidential information will be advised of this Order and be bound by its 10 terms; and WHEREAS, each Party will be responsible for any failure of its respective Representatives to GREENBERG TRAURIG, LLP 3773 Howard Hughes Parkway, Suite 400 North Las Vegas, Nevada 89169 Telephone: (702) 792-3773 Facsimile: (702) 792-9002 11 12 comply with the confidentiality terms hereof; 13 NOW, THEREFORE, in order to promote the efficient and expeditious disposition of the 14 Lawsuit, it is hereby stipulated and agreed by the Parties that the following terms shall apply to the 15 Parties’ exchange of information in connection with the case: 16 1. 17 Any Party may designate any document, object, file, photograph, video, tangible thing, 18 interrogatory answers, answers to requests for admissions, testimony, or other material or copies 19 thereof 20 “Confidential—Attorneys’ Eyes Only” following a good faith determination that the information 21 so designated is or may reveal NPPI, confidential, or proprietary matters. Confidential Material 22 designated as “Confidential—Attorneys’ Eyes Only” shall be documents or other things that the 23 producing party believes in good faith to be non-public confidential or proprietary information 24 which lends to it a competitive advantage over those who do not possess such information and which 25 is so sensitive in its nature that it merits special protection as provided in this order. The Parties 26 agree that “Confidential—Attorneys’ Eyes Only” designations shall only be used in very limited 27 circumstances. To designate documents, objects or tangible things, a Party shall place the legend 28 “CONFIDENTIAL” or “CONFIDENTIAL—ATTORNEYS’ EYES ONLY” on each page of the 4816-5063-6581.2 Designation of Information. (collectively, the “Discovery Material”) Page 2 of 12 as “Confidential Information” or 1 document, or securely affix the legend to the object or tangible thing. To designate written responses 2 to interrogatories or admissions, a Party shall place the legend “CONFIDENTIAL” or 3 “CONFIDENTIAL—ATTORNEYS’ EYES ONLY” on the face of the relevant portions of the 4 responses. 5 If any Discovery Material is disclosed in a form not appropriate for such placing or affixing 6 a legend, it shall be designated in writing by the producing Party as CONFIDENTIAL or 7 CONFIDENTIAL—ATTORNEYS’ EYES ONLY at the time it is delivered to the receiving 8 Party. The receiving Party shall treat print-outs, derivative data or manipulations of such material in 9 accordance with any designations of CONFIDENTIAL or CONFIDENTIAL—ATTORNEYS’ 10 EYES ONLY as provided for herein. 2. GREENBERG TRAURIG, LLP 3773 Howard Hughes Parkway, Suite 400 North Las Vegas, Nevada 89169 Telephone: (702) 792-3773 Facsimile: (702) 792-9002 11 Deposition Testimony. 12 a. A Party may designate all or any portion of a deposition, including exhibits identified 13 therein, conducted in connection with discovery as “Confidential” on the record of a deposition or 14 by sending, within fourteen (14) days after receiving a copy of the deposition transcript, a written 15 notice to all counsel and to the witness, setting forth the page and line numbers of the portions of the 16 transcript, as well as any exhibits thereto, to be so designated. All Parties shall label the relevant 17 pages of all such designated transcripts in their possession with the appropriate legend. Until such 18 time period expires, the entire volume of the transcript and all Exhibits, not previously designated 19 with a legend, shall be treated as Confidential-Attorneys’ Eyes Only, unless otherwise specified. 20 b. The producing Party who discloses Confidential Information or Confidential— 21 Attorneys’ Eyes Only shall have the right, but is not required, to exclude from attendance at the 22 deposition during such time as the Confidential or Confidential—Attorneys’ Eyes Only 23 Information is to be disclosed, any person other than the deponent and those who are set forth in 24 this Order and who are allowed to have access to such Confidential or Confidential—Attorneys’ 25 Eyes Only Information by the terms of this Order. A Party does not waive any rights under this 26 Order regarding confidentiality if it or he does not exercise its or his rights to exclude persons from 27 attendance at any or all of the deposition. 28 /// 4816-5063-6581.2 Page 3 of 12 3. 1 Disclosure of Protected Information. 2 a. Unless otherwise agreed upon in writing, Confidential—Attorneys’ Eyes Only 3 Information may only be disclosed as provided in this paragraph 3(a). Confidential—Attorneys’ 4 Eyes Only Information may only be disclosed to: 5 6 i. the Parties’ attorneys, paralegals and staff of the Parties’ attorneys and of the respective law firms of the attorneys who are engaged by each Party in connection with the Lawsuit; 7 ii. in-house counsel of the Parties; 8 iii. the Court, its personnel, any other person (such as a master or mediator) who 9 10 serves in a judicial or quasi-judicial function, and professional court reporters engaged to transcribe testimony; GREENBERG TRAURIG, LLP 3773 Howard Hughes Parkway, Suite 400 North Las Vegas, Nevada 89169 Telephone: (702) 792-3773 Facsimile: (702) 792-9002 11 12 iv. court reporters, stenographers or video operators at depositions, court or arbitral proceedings at which Attorneys Eyes Only Information is disclosed; 13 v. third party experts or independent consultants, who are retained by a Party or 14 counsel for a Party to assist in this action, provided that each is provided with a copy of this Order 15 and that such expert or consultant executes Exhibit A to this Order, agreeing to be bound by this 16 Order; and 17 vi. persons, whether affiliated with a Party or not, including former employees 18 and individual counsel of said witness, who have been noticed or subpoenaed for depositions or 19 subpoenaed for trial testimony. 20 b. Confidential Information shall not be disclosed to anyone other than the attorneys 21 of record in this action, and to the following other persons, but then only for purposes of prosecuting 22 or defending this action and only to the extent reasonably necessary to accomplish such purposes: 23 i. 24 25 26 serves in a judicial or quasi-judicial function, and professional court reporters engaged to transcribe testimony; ii. 27 28 the Court, its personnel, any other person (such as a master or mediator) who those attorneys, paralegals and staff of the Parties’ attorneys and of the respective law firms of the attorneys who are engaged by each Party in connection with the Lawsuit; 4816-5063-6581.2 Page 4 of 12 iii. 1 2 court reporters, stenographers or video operators at depositions, court or arbitral proceedings at which Confidential Information is disclosed; 3 iv. clerical and data processing personnel involved in the production, 4 reproduction, organizing, filing, coding, cataloging, converting, storing, retrieving, review, and 5 translating of Confidential Information, to the extent reasonably necessary to assist the Parties or 6 their Representatives in connection with the Lawsuit; 7 v. in-house counsel for the Parties and those members of their staffs who are 8 engaged in the conduct of this matter; 9 vi. 10 GREENBERG TRAURIG, LLP 3773 Howard Hughes Parkway, Suite 400 North Las Vegas, Nevada 89169 Telephone: (702) 792-3773 Facsimile: (702) 792-9002 11 12 13 counsel for a Party to assist in this action, provided that each is provided with a copy of this Order and that such expert or consultant executes Exhibit A to this Order, agreeing to be bound by this Order; vii. 14 15 third party experts or independent consultants, who are retained by a Party or the Parties, and such officers, directors, and employees of the Parties as outside counsel for the Parties deem necessary to assist in connection with the Lawsuit; 16 Party-affiliated persons who have been noticed for depositions or trial ix. 17 viii. non-party persons, including former employees and individual counsel of said testimony; 18 19 witness, who have been noticed or subpoenaed for depositions or subpoenaed for trial testimony; 20 x. 21 22 23 Information being disclosed or any person to whom counsel for a Party in good faith believes likely received the Confidential Information in the ordinary course of business; xi. the defendants’ insurers and reinsurers, as required in the ordinary course of deem proper; 26 27 any other person designated by the Court, upon such terms as the Court may xii. 24 25 any person reflected as an author, addressee, or recipient of the Confidential business, provided that each is provided with a copy of this Order and the insurers and reinsurers 28 4816-5063-6581.2 Page 5 of 12 1 execute Exhibit A to this Order, agreeing to be bound by this Order, before the Confidential 2 Information is disclosed to it; and 3 xiii. 4 4. 5 any other person as all Parties may agree to in writing. Signature of Order and Consent to Stipulated Confidentiality and Protective Order. Any individual described in paragraph 3(a)(v) and 3(b)(vi) must sign an affidavit in the form 7 attached hereto as Exhibit A prior to receiving any information designated as “Confidential” or 8 “Confidential—Attorneys’ Eyes Only Information” (hereinafter collectively referred to as 9 “Protected Information”) by a Party other than the Party which has retained the expert or 10 consultant. Counsel of record for the Party that has retained the expert or consultant shall maintain 11 GREENBERG TRAURIG, LLP 3773 Howard Hughes Parkway, Suite 400 North Las Vegas, Nevada 89169 Telephone: (702) 792-3773 Facsimile: (702) 792-9002 6 the original of each affidavit signed pursuant to this paragraph, and, with respect to any individual 12 that will be testifying as an expert witness, forward a copy of the affidavit to all other counsel of 13 record within ten (10) days after the individual is identified as a testifying expert witness. The parties 14 agree that they will not disclose Protected Information to non-party witnesses or consulting experts 15 if the facts available present a good faith basis to believe that the non-party witness or consulting 16 expert would not abide by this Order, or would have a material conflict, or that the disclosure would 17 otherwise cause irreparable injury. 18 Information to a non-party witness or consulting expert pursuant to the terms of this paragraph 19 bears the burden of proof to demonstrate a material conflict exists, and after a meet and confer on the 20 issue must, within six days after the meet and confer, file a motion with the Court in that regard. No 21 Protected Information shall be disclosed to the non-party witness or consulting expert until the 22 Court resolves such a motion. Any Party seeking to prevent the disclosure of Protected 23 5. 24 The parties acknowledge that this Stipulated Protective Order does not entitle them to file 25 Protected Information under seal; Local Rule 10-5 sets forth the procedures that must be followed 26 and standards that will be applied when a party seeks permission from the court to file material 27 under seal. Pleadings and Other Court Filings. The Parties shall make good faith efforts not to refer to or describe Protected 28 4816-5063-6581.2 Page 6 of 12 Information with specificity in motions or other pleadings filed with this Court. Any Protected 2 Information filed as an exhibit or attachment to a motion or other pleading shall be filed under seal, 3 if the Court agrees after proper motion. The parties agree not to oppose such motions, if the 4 document is properly marked as Protected Information. If a motion or pleading filed with the Court 5 discloses Protected Information, such designated portions shall be redacted to the extent necessary 6 to conceal such information in any motion or pleading filed publicly with the Court, unless otherwise 7 ordered by the Court. Unredacted motions or pleadings containing Protected Information shall be 8 filed under seal, if the Court agrees after proper motion. The parties agree not to oppose such 9 motions, if the document is properly marked as Protected Information. When a Party, in good faith, 10 determines that it is necessary to bring the specific content of such Protected Information to the 11 GREENBERG TRAURIG, LLP 3773 Howard Hughes Parkway, Suite 400 North Las Vegas, Nevada 89169 Telephone: (702) 792-3773 Facsimile: (702) 792-9002 1 attention of this Court in the body of a motion or other pleading, then it shall file a motion seeking to 12 disclose the Protected Information to the Court in camera or by such other means as the Court may 13 deem appropriate. Such motion may disclose the general nature, but shall not disclose the substance, 14 of the Protected Information at issue. 15 6. Hearings and Trial. 16 If a Party wishes to use Protected Information at a hearing before this Court or at trial, it 17 shall notify the Court and each of the other Parties to this action of that fact at the time the hearing or 18 trial commences (if feasible), and this Court may then take whatever steps it may deem necessary to 19 preserve the confidentiality of said information during the course of and after the hearing or trial. 20 7. Disputed Designations. 21 Any Party may object to a “Confidential” or “Confidential—Attorneys’ Eyes Only 22 Information” designation by serving a written notice of objection on all Parties and any designating 23 third party, specifying with reasonable particularity the material to which objection to the disputed 24 designation is made. If the parties cannot resolve a challenge without court intervention, the 25 designating party may file a motion for determination by the Court concerning the validity of its 26 objection. 27 /// 28 /// 4816-5063-6581.2 Page 7 of 12 1 8. Subsequent Designations. 2 Nothing in this Order shall prohibit a producing Party from designating, or otherwise waive a 3 producing Party’s right to designate, in accordance with this Order, any document, object, tangible 4 thing, interrogatory answer, answer to requests for admissions, or deposition testimony as 5 “Confidential” or “Confidential—Attorneys’ Eyes Only Information” subsequent to its first 6 disclosure or production. 9. Dissimilar Designations. 8 In the event that a Party inadvertently produces two or more identical copies of any 9 Discovery Material with dissimilar designations, once such a discrepancy is discovered, all copies 10 of the Discovery Material shall be treated in accordance with the most restrictive confidentiality 11 GREENBERG TRAURIG, LLP 3773 Howard Hughes Parkway, Suite 400 North Las Vegas, Nevada 89169 Telephone: (702) 792-3773 Facsimile: (702) 792-9002 7 designation used for such material. 12 10. Inadvertent Production. 13 Nothing in this Order shall require disclosure of any information that a Party contends is 14 protected from disclosure by the attorney-client privilege, work-product doctrine, or any other 15 legally recognized privilege or immunity. The inadvertent production of any Discovery Material that 16 includes any such privileged information during discovery in this matter shall be without prejudice 17 to any later claim that such material is privileged under the attorney-client privilege, work-product 18 doctrine or any other legally recognized privilege or immunity, and no Party shall be held to have 19 waived any rights by such inadvertent production. Upon written request by the producing Party, the 20 receiving Party shall (a) return the original and all copies of such Discovery Material containing 21 privileged information, (b) shall destroy the original and all copies of such Discovery Material if 22 they cannot be returned; and (c) shall not use such privileged information for any purpose unless 23 allowed by order of the Court. 24 11. Disclosure in Other Proceedings. 25 If any Party is served with a subpoena or other process or discovery request, or is required to 26 fulfill a disclosure obligation, that would require the production or disclosure, for some purpose 27 other than this action, of any Protected Information received by that Party in this action, the 28 receiving Party shall notify the designating Party as soon as practicable of the subpoena, process or 4816-5063-6581.2 Page 8 of 12 1 discovery request, or disclosure obligation, and if the designating Party so requests, shall take 2 reasonable steps to permit the designating Party to oppose the subpoena, process, discovery request 3 or disclosure obligation. 12. Termination of Litigation. 5 This action will be deemed to have terminated when all of the claims asserted by or against 6 the Parties herein have been settled and compromised, or have been finally disposed of by judicial 7 action, and all possible appeals have been exhausted or the time for filing any further appeals has 8 passed. After the termination of this action, within thirty (30) days of a written request by the 9 producing Party, each Party shall either return all Protected Information to the Party that produced 10 said information, or shall destroy same in a manner agreeable to the Party that produced said 11 GREENBERG TRAURIG, LLP 3773 Howard Hughes Parkway, Suite 400 North Las Vegas, Nevada 89169 Telephone: (702) 792-3773 Facsimile: (702) 792-9002 4 information and send a written confirmation to the Party that produced the information confirming 12 that the required destruction has taken place. 13 13. Modification of this Order. 14 This Order may be modified by this Court at any time for good cause shown, or pursuant to a 15 written Order by all persons and entities affected by the modification. The entry of this Order shall 16 be without prejudice to the rights of any Party to apply for modification of this Order for additional 17 or different protection where such protection is deemed necessary. 18 14. Continuing Force and Effect of this Order. 19 The provisions of this Order shall remain in full force and effect, and shall be binding after 20 the termination of this action. The Court hereby specifically retains jurisdiction to enforce this Order 21 after this action has been terminated. 22 15. Application to Non-Parties. 23 The Parties further agree that the provisions of this Order may be applied to documents 24 produced or deposition testimony given by a non-party where (1) such non-party has requested that 25 documents produced or deposition testimony given by such non-party be treated as “Confidential;” 26 (2) the Parties expressly agree that such documents or deposition testimony shall be governed in 27 accordance with the terms of this Order; and (3) the non-party agrees in writing to abide by the terms 28 of this Order and that the non-party’s documents or deposition testimony shall be governed by all 4816-5063-6581.2 Page 9 of 12 1 protections and procedures of this Order, including, but not limited to, the hearing procedures for 2 challenging designations hereunder. In furtherance of this provision, the Parties agree that a copy of 3 this Order may be delivered to the non-party, directly or through counsel, to facilitate the terms 4 hereof. 16. Unauthorized Disclosure of Confidential Information. 6 If a Party learns that, by inadvertence or otherwise, it has disclosed Protected Information 7 to any person or in any circumstance not authorized under this Stipulated Protective Order, the 8 Receiving Party must immediately (a) notify in writing the Designated Party of the unauthorized 9 disclosures; (b) use its best efforts to retrieve all unauthorized copies of the Protected Information; 10 (c) inform the person or persons to whom unauthorized disclosures were made of all the terms of this 11 GREENBERG TRAURIG, LLP 3773 Howard Hughes Parkway, Suite 400 North Las Vegas, Nevada 89169 Telephone: (702) 792-3773 Facsimile: (702) 792-9002 5 Order; and (d) request such person or persons to execute the “Order and Consent” that is attached 12 hereto as Exhibit A. 13 IT IS SO STIPULATED this 30th day of June, 2015. 14 15 16 17 18 19 20 21 22 23 24 25 26 27 By: /s/ Thomas S. Cargill Jacob D. Bundick, ESQ. Nevada Bar No. 9772 bundickj@gtlaw.com GREENBERG TRAURIG, LLP 3773 Howard Hughes Parkway Suite 400 North Las Vegas, Nevada 89169 Telephone: (702) 792-3773 Facsimile: (702) 792-9002 Christi A. Lawson, ESQ. clawson@foley.com (admitted pro hac vice) Thomas S. Cargill, Esq. tcargill@foley.com (admitted pro hac vice) FOLEY & LARDNER LLP 111 North Orange Ave., Suite 1800 Orlando, Florida 32801-2386 Telephone: (407) 423-7656 Facsimile: (407) 648-1743 Counsel for Plaintiff Proficio Mortgage Ventures, LLC 28 4816-5063-6581.2 Page 10 of 12 1 GOZDECKI, DEL GIUDICE, AMERICUS, FARKAS & BROCATO LLP 2 3 4 5 6 7 8 9 10 GREENBERG TRAURIG, LLP 3773 Howard Hughes Parkway, Suite 400 North Las Vegas, Nevada 89169 Telephone: (702) 792-3773 Facsimile: (702) 792-9002 11 12 13 14 By: /s/ Steven H. Leech David S. Americus (admitted pro hac vice) Steven H. Leech (admitted pro hac vice) GOZDECKI, DEL GIUDICE, AMERICUS, FARKAS & BROCATO LLP One East Wacker Drive, Suite 1700 Chicago, IL 60601 Telephone: 312.782.5010 Facsimile: 312.782.4324 E-mail: d.americus@gozdel.com s.leech@gozdel.com Jeff Silvestri (#5779) Joseph P. Schrage (#11270) McDONALD CARANO WILSON LLP 2300 W. Sahara Avenue, Suite 1200 Las Vegas, NV 89102 Telephone: 702.873.4100 Facsimile: 702.874.9966 E-mail: jsilvestri@mcdonaldcarano.com jschrage@mcdonaldcarano.com Counsel for Defendant Federal Savings Bank 15 16 17 18 IT IS SO ORDERED: 19 20 UNITED STATES MAGISTRATE JUDGE 21 22 DATED: 23 24 25 26 27 28 4816-5063-6581.2 Page 11 of 12 July 1, 2015 EXHIBIT A 1 2 AGREEMENT AND CONSENT 3 TO STIPULATED CONFIDENTIALITY AND PROTECTIVE ORDER 4 5 I, ___________________________, declare that: 6 1. I have received a copy of the Stipulated Confidentiality and Protective Order in this 7 matter (“the Order”), and I have carefully read and understand its provisions. I acknowledge that I 8 am one of the persons contemplated in the Order as permitted access to information and Discovery 9 Material designated “Confidential” or “Confidential—Attorneys’ Eyes Only Information.” 2. 10 I understand that by signing this affidavit, I will be eligible to receive certain GREENBERG TRAURIG, LLP 3773 Howard Hughes Parkway, Suite 400 North Las Vegas, Nevada 89169 Telephone: (702) 792-3773 Facsimile: (702) 792-9002 11 “Confidential Information” or “Confidential—Attorneys’ Eyes Only Information” under the terms 12 and conditions of the Order. 3. 13 I hereby agree and consent to be bound by the terms of the Order and to comply with 14 it in all respects, and to that end, I hereby knowingly and voluntarily submit myself to the personal 15 jurisdiction of the District of Nevada, so that the Court shall have the power and authority to enforce 16 the Order and this Agreement and to impose appropriate sanctions upon me for violating the Order, 17 including punishment for contempt of court for a violation of the Order. 18 4. I declare under penalty of perjury that the foregoing is true and correct. 19 Dated this ______ day of __________________, 2015. 20 21 Signature 22 23 Printed name 24 25 26 Address 27 28 4816-5063-6581.2 Page 12 of 12
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