Bank of America, N.A. v. Alturas at Mountain's Edge Homeowners Association et al, No. 2:2015cv01097 - Document 25 (D. Nev. 2015)

Court Description: ORDER Granting 23 Stipulation and Protective Order as Amended. Signed by Magistrate Judge Nancy J. Koppe on 12/23/2015. (Copies have been distributed pursuant to the NEF - NEV)
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Bank of America, N.A. v. Alturas at Mountain's Edge Homeowners Association et al Doc. 25 Case 2:15-cv-01097-GMN-NJK Document 23 Filed 12/22/15 Page 1 of 13 1 2 3 4 5 6 7 8 DARREN T. BRENNER, ESQ. Nevada Bar No. 8386 ERIC S. POWERS, ESQ. Nevada Bar No. 12850 AKERMAN LLP 1160 Town Center Drive, Suite 330 Las Vegas, NV 89144 Telephone: (702) 634-5000 Facsimile: (702) 380-8572 Email: darren.brenner@akerman.com Email: eric.powers@akerman.com Attorneys for Plaintiff and CounterDefendant Bank of America, N.A. UNITED STATES DISTRICT COURT 9 DISTRICT OF NEVADA 10 AKERMAN LLP 1160 TOWN CENTER DRIVE, SUITE 330 LAS VEGAS, NEVADA 89144 TEL.: (702) 634-5000 – FAX: (702) 380-8572 11 Plaintiff, 12 13 14 15 16 STIPULATION AND PROTECTIVE ORDER vs. SFR INVESTMENTS POOL I, LLC; ALTURAS AT MOUNTAIN'S EDGE HOMEOWNERS ASSOCIATION; DOE INDIVIDUALS I-X, inclusive, and ROE CORPORATIONS I-X, inclusive, AS AMENDED Defendants. 17 18 19 Case No.: 2:15-cv-01097-GMN-NJK BANK OF AMERICA, N.A., Subject to the approval of the Court, Bank of America, N.A. and SFR Investments Pool I, LLC, by and through their attorneys of record, stipulate to the following Protective Order: 20 To expedite the flow of discovery, facilitate the prompt resolution of disputes over 21 confidentiality, adequately protect material claimed to be confidential, and ensure protection is 22 afforded only to material so designated, it is, pursuant to the Court's authority under FED. R. CIV. P. 23 26(c), ORDERED this Protective Order shall govern the disclosure, handling and disposition of 24 documents in this litigation as follows: 25 /// 26 /// 27 {37033924;2} 28 1 Dockets.Justia.com Case 2:15-cv-01097-GMN-NJK Document 23 Filed 12/22/15 Page 2 of 13 1 1. 2 Application. 1.1 This Protective Order shall govern any document, information or other 3 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 7 information is a party to this litigation. 8 2. Definitions. 2.1 9 Confidential Information. “Confidential Information” shall mean and include, AKERMAN LLP without limitation, any non-public information that concerns or relates to the following areas: 11 1160 TOWN CENTER DRIVE, SUITE 330 LAS VEGAS, NEVADA 89144 TEL.: (702) 634-5000 – FAX: (702) 380-8572 10 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 27 {37033924;2} 28 2 Case 2:15-cv-01097-GMN-NJK Document 23 Filed 12/22/15 Page 3 of 13 1 3.2 Produced Documents. A party producing documents that it believes constitute 2 or contain Confidential Information shall state that the material is being produced under this 3 Protective Order by describing the documents or materials to be treated as confidential in writing, by 4 page or bates number wherever possible and/or shall produce copies bearing a label that contains or 5 includes language substantially identical to the following: 6 CONFIDENTIAL 7 This label shall be affixed in a manner that does not obliterate or obscure the contents of the 8 copies. If any person or party makes copies of documents designated as containing Confidential 9 Information, the copying person or party shall mark each such copy as containing Confidential 10 Information in the same form as the Confidentiality notice on the original document. AKERMAN LLP 1160 TOWN CENTER DRIVE, SUITE 330 LAS VEGAS, NEVADA 89144 TEL.: (702) 634-5000 – FAX: (702) 380-8572 11 A party producing documents that are stored on electronic, magnetic, optical or other non- 12 paper media, such as compact discs, DVD’s, video tapes and audio tapes (collectively, “data storage 13 devices”) shall designate the data storage device as containing Confidential Information, by affixing 14 a label or stamp to the data storage device in the manner described above at the time copies of such 15 data storage devices are produced. If the receiving party or other persons or entities to whom 16 disclosure is authorized pursuant to subparagraph 7.1 make a copy of any data storage device 17 designated by the producing party as containing Confidential Information, the receiving party or 18 other authorized person shall mark each such copy as containing Confidential Information in the 19 same form as the confidentiality notice on the original data storage device produced. If the receiving 20 party or other authorized person prints out or otherwise makes copies of the documents or 21 information stored on such data storage device, the receiving party or other authorized person shall 22 mark each page so copied with the label or stamp specified in subparagraph 3.2. 23 3.3 Interrogatory Answers. If a party answering an interrogatory or other 24 discovery demand believes that its answer contains Confidential Information, it shall state so in the 25 interrogatory response, and that portion of the response will be entitled to the protections of this 26 order. 27 {37033924;2} 28 3 Case 2:15-cv-01097-GMN-NJK Document 23 Filed 12/22/15 Page 4 of 13 1 3.4 Inspection of Documents. In the event a party elects to produce files and 2 records for inspection and the requesting party elects to inspect them, no designation of Confidential 3 Information needs to be made in advance of the inspection. For purposes of such inspection, all 4 material produced shall be considered as Confidential Information. If the inspecting party selects 5 specified documents to be copied, the producing party shall designate Confidential Information in 6 accordance with subparagraph 3.2 at the time the copies are produced. 7 3.5 Deposition Transcripts. The party asserting confidentiality shall state on the 8 record the portions it deems confidential. The failure to designate testimony on the record as 9 confidential shall be a waiver unless the designating party notifies all other parties and files a motion 10 to designate the testimony as confidential within 5 days of the notification. AKERMAN LLP 1160 TOWN CENTER DRIVE, SUITE 330 LAS VEGAS, NEVADA 89144 TEL.: (702) 634-5000 – FAX: (702) 380-8572 11 3.6 Inadvertent Failure to Designate. Inadvertent failure to identify documents or 12 things as "Confidential" pursuant to this Protective Order shall not constitute a waiver of any 13 otherwise valid claim for protection, provided that the provisions of this paragraph are satisfied. If 14 the designating party discovers that information should have but was not designated "Confidential" 15 or of the designating party receives notice that would enable the designated party to learn that it has 16 disclosed such information, the designating party must immediately notify all other parties. In such 17 event, within thirty (30) days of notifying all other parties, the designating parties must also provide 18 copies of the "Confidential" information designated in accordance with this Protective Order. After 19 receipt of such re-designated information, the "Confidential" information shall be treated as required 20 by this Protective Order, and the receiving party(ies) shall promptly, and in no event more than 21 fourteen (14) calendar days from the receipt of the re-designated information, return to the 22 designated party all previously produced copies of the same unlegended documents or things. The 23 designating party and the parties may agree to alternative means. The receiving party(ies) shall 24 receive no liability, under this Protective Order or otherwise, for any disclosure of information 25 contained in unlegended documents or things occurring before the receiving party was placed on 26 notice of the designating party's claims of confidentiality. 27 {37033924;2} 28 4 Case 2:15-cv-01097-GMN-NJK Document 23 Filed 12/22/15 Page 5 of 13 1 4. 2 Designations by Another Party. 4.1 Notification of Designation. If a party other than the producing party believes 3 that a producing party has produced a document that contains or constitutes Confidential Information 4 of the non-producing party, the non-producing party may designate the document as Confidential 5 Information by so notifying all parties in writing within fourteen (14) days of service of the 6 document. 7 4.2 Return of Documents; Non-disclosure. Whenever a party other than the in accordance with subparagraph 4.1, each party receiving the document shall either add the 10 Confidential Information designation in accordance with subparagraph 3.2 or substitute a copy of the 11 AKERMAN LLP producing party designates a document produced by a producing party as Confidential Information 9 1160 TOWN CENTER DRIVE, SUITE 330 LAS VEGAS, NEVADA 89144 TEL.: (702) 634-5000 – FAX: (702) 380-8572 8 document bearing such designation for each copy of the document produced by the producing party. 12 Each party shall destroy all undesignated copies of the document or return those copies to the 13 producing party, at the direction of the producing party. No party shall disclose a produced 14 document to any person, other than the persons authorized to receive Confidential Information under 15 subparagraph 7.1, until after the expiration of the fourteen (14) day designation period specified in 16 subparagraph 4.1. If during the fourteen (14) day designation period a party discloses a produced 17 document to a person authorized to receive Confidential Information under subparagraph 7.1, and 18 that document is subsequently designated as Confidential Information in accordance with 19 subparagraph 4.1, the disclosing party shall cause all copies of the document to be destroyed or 20 returned to the producing party, at the direction of the producing party. The party may thereafter 21 disclose a copy of the document that has been marked as Confidential Information by the 22 designating party, in accordance with subparagraphs 3.2 and 7.1. 23 5. Objections to Designations. Any party objecting to a designation of Confidential 24 Information, including objections to portions of designations of multi-page documents, shall notify 25 the designating party and all other parties of the objection in writing up to and through trial of the 26 matter. This notice must specifically identify each document that the objecting party in good faith 27 {37033924;2} 28 5 Case 2:15-cv-01097-GMN-NJK Document 23 Filed 12/22/15 Page 6 of 13 grounds for such belief. 3 discovery disputes, the objecting and the designating parties thereafter shall confer within ten (10) 4 days after the date of such objection in an attempt to resolve their differences. If the parties are 5 unable to resolve their differences, the objecting party shall have twenty one (21) days after the 6 conference concludes to file with the Court a motion to remove the Confidential Information. If an 7 objection is served within forty-two (42) days of trial, the objecting party must file its motion to 8 remove the Confidential Information designation within half of the remaining time before trial, and 9 the meet-and-confer period shall be shortened accordingly. Where a party authored, created, owns, 10 or controls a document, information or other material that another party designates as Confidential 11 AKERMAN LLP believes should not be designated as Confidential Information and provide a brief statement of the 2 1160 TOWN CENTER DRIVE, SUITE 330 LAS VEGAS, NEVADA 89144 TEL.: (702) 634-5000 – FAX: (702) 380-8572 1 Information, the party that authored, created, owns, or controls the Confidential Information may so 12 inform the objecting party and thereafter shall also be considered a designating party for purposes of 13 this paragraph. In accordance with the Federal Rules of Civil Procedure governing 14 All documents, information and other materials initially designated as Confidential 15 Information shall be treated as such in accordance with this Protective Order unless and until the 16 Court rules otherwise, except for deposition transcripts and exhibits initially considered as 17 containing Confidential Information under subparagraph 3.5, which will lose their confidential status 18 after twenty-one (21) days unless so designated as Confidential Information. If the Court rules that a 19 designation should not be maintained as to a particular document, the producing party shall, upon 20 written request by a party, provide that party a copy of that document without the designation 21 described in subparagraph 3.2. 22 If an objecting party elects not to make such a motion with respect to documents within 23 twenty one (21) days after the conference, information or other materials to which an objection has 24 been made, the objection shall be deemed withdrawn. The designating party shall have twenty one 25 (21) days to respond to the objecting party’s motion. If no response is filed by the designating party 26 27 {37033924;2} 28 6 Case 2:15-cv-01097-GMN-NJK Document 23 Filed 12/22/15 Page 7 of 13 1 within twenty one (21) days, the designating party shall be deemed to have consented to the 2 objecting party’s motion pursuant to LR 7-2(d). 3 6. Custody. All Confidential Information and any and all copies, extracts and 4 summaries thereof, including memoranda relating thereto, shall be retained by the receiving party in 5 the custody of counsel of record, or by persons to whom disclosure is authorized under subparagraph 6 7.1. 7 7. 8 Handling Prior to Trial. 7.1 Authorized Disclosures. Confidential Information shall be disclosed by the 9 receiving party only to the following persons: 10 a. AKERMAN LLP 1160 TOWN CENTER DRIVE, SUITE 330 LAS VEGAS, NEVADA 89144 TEL.: (702) 634-5000 – FAX: (702) 380-8572 11 Counsel for the parties in this litigation, including their associates, clerks, paralegals, and secretarial personnel; 12 b. Qualified persons taking testimony in this litigation involving such 13 Confidential Information, and necessary stenographic, videotape and 14 clerical personnel; 15 c. 16 Experts and their staff who are retained by counsel as expert witnesses for a party in this litigation; 17 d. 18 Experts and their staff who are consulted by counsel for a party in this litigation; 19 e. Parties to this litigation, limited to the named party and, if that party is 20 a corporate entity, a limited number of employees of the corporate 21 entity and its insurers; 22 f. 23 Designated in-house counsel and a limited number of assistants, administrative or otherwise; 24 g. 25 Outside vendors employed by counsel for copying, scanning and general handling of documents; 26 27 {37033924;2} 28 7 Case 2:15-cv-01097-GMN-NJK Document 23 Filed 12/22/15 Page 8 of 13 1 h. Any person of whom testimony is taken regarding the Confidential 2 Information, except that such person may only be shown Confidential 3 Information during his/her testimony, and may not retain a copy of 4 such Confidential Information; and 5 i. 6 7 8 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. until the receiving party has obtained a written acknowledgment from the person receiving 11 AKERMAN LLP Confidential Information may not be disclosed to persons under subparagraphs (c) or (d) 10 1160 TOWN CENTER DRIVE, SUITE 330 LAS VEGAS, NEVADA 89144 TEL.: (702) 634-5000 – FAX: (702) 380-8572 9 Confidential Information, in the form of the Declaration attached hereto as Exhibit A, that he or she 12 has received a copy of this Protective Order and has agreed to be bound by it. A party who discloses 13 Confidential Information in accordance with subparagraph 7.1 shall retain the written 14 acknowledgment from each person receiving Confidential Information, shall maintain a list of all 15 persons to whom a receiving party has disclosed Confidential Information and identify what 16 documents have been disclosed, and shall furnish the written acknowledgments and disclosure list to 17 opposing counsel as follows: (i) for a person under subparagraph (c), within thirty (30) days after the 18 person signs the Declaration; and (ii) for a person under subparagraph (d), within thirty (30) days 19 after the matter is finally concluded. Disclosure of Confidential Information to this Court, including 20 judicial staff, shall be made in accordance with subparagraph 7.4 of this Protective Order. 21 7.2 Unauthorized Disclosures. All persons receiving Confidential Information 22 under the terms of this Protective Order are under the jurisdiction of the state courts and U.S. federal 23 courts located in Nevada for all matters arising from the improper disclosure or use of such 24 information. If Confidential Information is disclosed to any person other than in the manner 25 authorized by this Protective Order, the party or person responsible for the disclosure, and any other 26 party or person who is subject to this Protective Order and learns of such disclosure, shall 27 {37033924;2} 28 8 Case 2:15-cv-01097-GMN-NJK Document 23 Filed 12/22/15 Page 9 of 13 1 immediately bring such disclosure to the attention of the designating party. Without prejudice to 2 other rights and remedies of the designating party, the responsible party or person shall make every 3 effort to obtain and return the Confidential Information and to prevent further disclosure on its own 4 part or on the part of the person who was the unauthorized recipient of such information. 5 7.3 Court Filings. In the event any Confidential Information must be filed with the 6 See order issued the proposed filing shall be accompanied by a motion to file the Confidential Court prior to trial, concurrently herewith 7 Information under seal that complies with Local Rule 10-5(b) and a proposed order, and the 8 application and proposed order shall be directed to the judge to whom the Confidential Information 9 is directed. This provision is applicable to briefs, memoranda, and other filings which quote, 10 AKERMAN LLP 1160 TOWN CENTER DRIVE, SUITE 330 LAS VEGAS, NEVADA 89144 TEL.: (702) 634-5000 – FAX: (702) 380-8572 11 summarize, or describe Confidential Information. 8. Care in Storage. Any person in possession of Confidential Information produced by 12 another party shall exercise reasonable and appropriate care with regard to the storage, custody, 13 copying, and use of such information to ensure that the confidential and sensitive nature of same is 14 maintained. 15 9. Handling During Trial. Confidential Information that is subject to this Order may be 16 marked and used as trial exhibits by either party, subject to terms and conditions as imposed by the 17 Court upon application by any party. 18 10. No Implied Waivers. This Protective Order shall not be interpreted as a waiver of 19 the right to object, under applicable law, to the furnishing of information in response to discovery 20 requests or to object to a requested inspection of documents or facilities. Parties producing 21 Confidential Information in this litigation are doing so only pursuant to the terms of this Protective 22 Order. The taking of any action in accordance with the provisions of this Protective Order shall not 23 be interpreted as a waiver of any claim or position or defense in this action, or any other actions. 24 11. No Admission. The designation of any item as Confidential Information shall not be 25 construed as an admission that such material, or any testimony concerning such material, would be 26 admissible in evidence in this litigation or in any other proceeding. 27 {37033924;2} 28 9 Case 2:15-cv-01097-GMN-NJK Document 23 Filed 12/22/15 Page 10 of 13 1 12. Inadvertent Disclosure. Nothing in this Protective Order abridges applicable law attorney-client communications, attorney work product, or otherwise privileged information. If a 4 party inadvertently discloses documents or information subject to a claim of privilege or work 5 product protection, such disclosure will not waive otherwise applicable claims of privilege or work 6 product protection under applicable law. Upon discovery by the Receiving Party, or receipt of 7 written notice from the Disclosing Party identifying privileged or protected Documents that were 8 inadvertently produced, the receiving party shall within seven (7) business days either: (a) return or 9 certify the destruction of all such documents, all copies, and any work product or portions of any 10 work product containing or reflecting the contents of the subject materials; or (b) after attempting to 11 AKERMAN LLP concerning inadvertent disclosure of a document that the Disclosing Party believes contains 3 1160 TOWN CENTER DRIVE, SUITE 330 LAS VEGAS, NEVADA 89144 TEL.: (702) 634-5000 – FAX: (702) 380-8572 2 resolve any dispute with opposing counsel informally, file a motion to challenge the assertion of 12 privilege and tender the subject documents for in camera review with the motion. The moving party 13 shall do nothing to compromise the privilege claim until the Court rules on said motion and the 14 opportunity for appellate review is exhausted or the issue is otherwise resolved. 15 13. Parties’ Own Documents. This Protective Order shall in no way restrict the parties 16 in their use of their own documents and information, and nothing in this Protective Order shall 17 preclude any party from voluntarily disclosing its own documents or information to any party or 18 nonparty. 19 14. Motion by Third Party to Compel Production of Confidential Information. If any 20 third party subpoenas Confidential Information from a party to this action or moves to compel a 21 party to this action to produce any such information, such party shall immediately notify the parties 22 who originally produced and/or designated such information that a subpoena has been served or a 23 motion has been made in order to allow the parties who originally produced and/or designated such 24 information the opportunity to seek a protective order or oppose the motion or application. If, within 25 thirty (30) days after receiving notice of a subpoena seeking Confidential Information from a 26 receiving party, the party who originally produced and/or designated such information fails to move 27 {37033924;2} 28 10 Case 2:15-cv-01097-GMN-NJK Document 23 Filed 12/22/15 Page 11 of 13 1 for a protective order, the party subject to the subpoena may produce said information. In addition, if 2 a party is ordered to produce Confidential Information covered by this Protective Order, then notice 3 and, if available, a copy of the order compelling disclosure shall immediately be given the parties 4 who originally produced and/or designated such information. Nothing in this Protective Order shall 5 be construed as requiring the party who is ordered to produce such Confidential Information to 6 challenge or appeal any order requiring the production of such information or to subject 7 himself/herself to any penalty for non-compliance with any legal process or seek any relief from the 8 Court. 9 15. No Effect on Other Rights. This Protective Order shall in no way abrogate or AKERMAN LLP diminish any pre-existing contractual, statutory, or other legal obligations or rights of any party with 11 1160 TOWN CENTER DRIVE, SUITE 330 LAS VEGAS, NEVADA 89144 TEL.: (702) 634-5000 – FAX: (702) 380-8572 10 respect to Confidential Information. 12 16. Modification. In the event any party hereto seeks a Court order to modify the terms 13 of this Protective Order, or seeks a protective order which incorporates the terms and conditions of 14 this Protective Order said party shall make such request by written stipulation or noticed motion to 15 all parties that must be served and filed in accordance with local court rules. 16 17. Handling Upon Conclusion of Litigation. All parties, counsel, and persons to whom 17 disclosure was made agree to return all Confidential Information to the designating party within 18 thirty (30) days of the conclusion of litigation between the parties, including final appellate action or 19 the expiration of time to appeal or seek further review. In addition, counsel shall certify in writing 20 that all such Confidential Information have been returned. Counsel for each party also shall contact 21 each person to whom that party has provided a copy of any Confidential Information and request the 22 documents be returned. In lieu of returning Confidential Information, the person or party in 23 possession of such information may elect to destroy it. If the person or party in possession of 24 Confidential Information elects to destroy it rather than return it, that person or party must notify the 25 designating party in writing of the destruction of the information within ninety (90) days of the 26 27 {37033924;2} 28 11 Case 2:15-cv-01097-GMN-NJK Document 23 Filed 12/22/15 Page 12 of 13 1 conclusion of litigation between the parties, including final appellate action or the expiration of time 2 to appeal or seek further review. 3 18. Survival of the Terms of this Protective Order. Even after the termination of this 4 litigation, the confidentiality obligations imposed by this Protective Order shall remain in effect until 5 a Designating Party otherwise in writing or a court order otherwise directs. 6 Respectfully submitted, this 22nd day of December, 2015. 7 8 9 10 AKERMAN LLP 1160 TOWN CENTER DRIVE, SUITE 330 LAS VEGAS, NEVADA 89144 TEL.: (702) 634-5000 – FAX: (702) 380-8572 11 12 BY: /s/ Eric S. Powers, Esq. _____ Darren T. Brenner, Esq. Nevada Bar No. 8386 Eric S. Powers, Esq. Nevada Bar No. 12850 AKERMAN LLP 1160 Town Center Drive, Suite Las Vegas, NV 89144 Attorneys for Bank of America, N.A. 13 BY: /s/ Diana Cline Ebron, Esq. __________ Diana Cline Ebron, Esq. Nevada Bar No. 10580 Jacqueline Gilbert, Esq. Nevada Bar No. 10593 330 KIM GILBERT EBRON 7625 Dean Martin Dr., Suite 110 Las Vegas, Nevada 89014 Attorneys for SFR Investments Pool 1, LLC 14 15 16 17 18 19 ORDER It is so ordered. December DATED this 23rd day of ____________, 2015. ____ ______________________________________ ____________________ _ _ _ UNITED STATES MAGISTRA JUDGE D STATES MAGISTRATE A AT S 20 21 22 23 24 25 26 27 {37033924;2} 28 12 Case 2:15-cv-01097-GMN-NJK Document 23 Filed 12/22/15 Page 13 of 13 1 EXHIBIT A 2 ACKNOWLEDGEMENT AND AGREEMENT TO BE BOUND that was issued by the United States District Court, for the District of Nevada, on 5 ________________, 2015, in the case of Bank of America, N.A. v. SFR Investments Pool I, LLC et 6 al, Case No.: 2:15-cv-01097-GMN-NJK. I agree to comply with and be bound by all terms of this 7 Protective Order and I understand and acknowledge that failure to so comply could expose me to 8 sanctions and punishment in the nature of contempt. I solemnly promise that I will not disclose in 9 any manner any information or item that is subject to this Protective Order to any person or entity 10 except in strict compliance with this Protective Order. Further, I solemnly promise that I will not 11 AKERMAN LLP I, ______________________, and read in its entirety and understand the Protective Order 4 1160 TOWN CENTER DRIVE, SUITE 330 LAS VEGAS, NEVADA 89144 TEL.: (702) 634-5000 – FAX: (702) 380-8572 3 offer to sell, advertise or publicize that I have obtained any protected material subject to this 12 Protective Order. 13 At the conclusion of this matter, I will return all protected materials which came into my 14 possession or control to counsel for the party from whom I received the protected material, or I will 15 destroy those materials. 16 summaries of protected material shall remain protected pursuant to the terms of this Order. I understand that any confidential information contained within any 17 I further agree to submit to the jurisdiction of the United States District Court, for the District 18 of Nevada for the purpose of enforcing the terms of this Protective Order, even if such enforcement 19 proceedings occur after termination of this action. 20 I certify under penalty of perjury that the foregoing is true and correct. 21 Date: ____________________________ 22 City and State where signed: ________________________________ 23 Printed Name: ___________________________________________ 24 Address: ________________________________________________ 25 Signature: _______________________________________________ 26 27 {37033924;2} 28 13