Deutsche Bank National Trust Company v. Southern Highlands Community Association et al, No. 2:2015cv01276 - Document 45 (D. Nev. 2016)

Court Description: STIPULATED PROTECTIVE ORDER Granting, as amended, 42 Stipulation. Signed by Magistrate Judge Nancy J. Koppe on 2/23/16. (Copies have been distributed pursuant to the NEF - MMM)
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Deutsche Bank National Trust Company v. Southern Highlands Community Association et al Doc. 45 Case 2:15-cv-01276-RFB-NJK Document 42 Filed 02/23/16 Page 1 of 14 1 2 3 4 5 6 7 8 9 MELANIE D. MORGAN, ESQ. Nevada Bar No. 8215 CHRISTINE M. PARVAN, ESQ. Nevada Bar No. 10711 DARREN T. BRENNER, ESQ. Nevada Bar No. 8386 AKERMAN LLP 1160 Town Center Drive, Suite 330 Las Vegas, NV 89144 Telephone: (702) 634-5000 Facsimile: (702) 380-8572 Email: melanie.morgan@akerman.com Email: christine.parvan@akerman.com Email: darren.brenner@akerman.com Attorneys for Plaintiff Deutsche Bank National Trust Company 10 UNITED STATES DISTRICT COURT AKERMAN LLP 1160 TOWN CENTER DRIVE, SUITE 330 LAS VEGAS, NEVADA 89144 TEL.: (702) 634-5000 – FAX: (702) 380-8572 11 DISTRICT OF NEVADA 12 13 14 15 16 17 18 19 20 21 RFB Case No.: 2:15-cv-01276-RFP-NJK DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE, IN TRUST FOR THE CERTIFICATE HOLDERS OF HARBORVIEW MORTGAGE LOAN TRUST SERIES 2005-7, MORTGAGE PASSTHROUGH CERTIFICATES, SERIES 2005-7., STIPULATION ORDER Plaintiff, AND PROTECTIVE AS AMENDED, PAGE 9 vs. SOUTHERN HIGHLANDS COMMUNITY ASSOCIATION; SFR INVESTMENTS POOL 1, LLC; DOE INDIVIDUALS I-X, inclusive, and ROE CORPORATIONS I-X, inclusive Defendants. 22 23 Subject to the approval of the Court, Deutsche Bank National Trust Company, as Trustee, in 24 Trust for the Certificate Holders of Harborview Mortgage Loan Trust Series 2005-7, Mortgage 25 Pass-Through Certificates Series 2005-7 (Deutsche Bank), SFR Investment Pool I, LLC (SFR), 26 and Southern Highlands Community Association (Southern Highland), by and through their 27 attorneys of record, stipulate to the following Protective Order: 28 1 Dockets.Justia.com Case 2:15-cv-01276-RFB-NJK Document 42 Filed 02/23/16 Page 2 of 14 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 FED. R. CIV. P. 4 26(c), ORDERED this Protective Order shall govern the disclosure, handling and disposition of 5 documents in this litigation as follows: 6 1. 7 Application. 1.1 This Protective Order shall govern any document, information or other produced in connection with this litigation by any person or entity (the “producing party”), whether 10 in response to a discovery request, subpoena or otherwise, to any other person or entity (the 11 AKERMAN LLP material that is designated as containing “Confidential Information” as defined herein, and is 9 1160 TOWN CENTER DRIVE, SUITE 330 LAS VEGAS, NEVADA 89144 TEL.: (702) 634-5000 – FAX: (702) 380-8572 8 “receiving party”) regardless of whether the person or entity producing or receiving such 12 information is a party to this litigation. 13 2. 14 Definitions. 2.1 Confidential Information. “Confidential Information” shall mean and include, 15 without limitation, any non-public information that concerns or relates to the following areas: 16 confidential proprietary information, trade secrets, practices and procedures, personal financial 17 information, commercial, financial, pricing, budgeting, and/or accounting information, information 18 about existing and potential customers, marketing studies, performance projections, business 19 strategies, decisions and/or negotiations, personnel compensation, evaluations and other employment 20 information, and confidential proprietary information about affiliates, parents, subsidiaries and third- 21 parties with whom the parties to this action have or have had business relationships. 22 2.2 Documents. As used herein, the term “documents” includes all writings, 23 records, files, drawings, graphs, charts, photographs, e-mails, video tapes, audio tapes, compact 24 discs, electronic messages, other data compilations from which information can be obtained and 25 other tangible things subject to production under the Federal Rules of Civil Procedure. 26 ... 27 ... 28 2 Case 2:15-cv-01276-RFB-NJK Document 42 Filed 02/23/16 Page 3 of 14 1 2 3. Initial Designation. 3.1 Good Faith Claims. Claims of confidentiality will be made only with respect 3 to documents, other tangible things and information that the asserting party has a good faith belief 4 are within the definition set forth in subparagraph 2.1 of this Protective Order. Objections to such 5 claims made pursuant to paragraph 5, below, shall also be made only in good faith. 6 3.2 Produced Documents. A party producing documents that it believes constitute 7 or contain Confidential Information shall state that the material is being produced under this 8 Protective Order by describing the documents or materials to be treated as confidential in writing, by 9 page or bates number wherever possible and/or shall produce copies bearing a label that contains or 10 AKERMAN LLP 1160 TOWN CENTER DRIVE, SUITE 330 LAS VEGAS, NEVADA 89144 TEL.: (702) 634-5000 – FAX: (702) 380-8572 11 includes language substantially identical to the following: CONFIDENTIAL 12 This label shall be affixed in a manner that does not obliterate or obscure the contents of the 13 copies. If any person or party makes copies of documents designated as containing Confidential 14 Information, the copying person or party shall mark each such copy as containing Confidential 15 Information in the same form as the Confidentiality notice on the original document. 16 A party producing documents that are stored on electronic, magnetic, optical or other non- 17 paper media, such as compact discs, DVD’s, video tapes and audio tapes (collectively, “data storage 18 devices”) shall designate the data storage device as containing Confidential Information, by affixing 19 a label or stamp to the data storage device in the manner described above at the time copies of such 20 data storage devices are produced. If the receiving party or other persons or entities to whom 21 disclosure is authorized pursuant to subparagraph 7.1 make a copy of any data storage device 22 designated by the producing party as containing Confidential Information, the receiving party or 23 other authorized person shall mark each such copy as containing Confidential Information in the 24 same form as the confidentiality notice on the original data storage device produced. If the receiving 25 party or other authorized person prints out or otherwise makes copies of the documents or 26 information stored on such data storage device, the receiving party or other authorized person shall 27 mark each page so copied with the label or stamp specified in subparagraph 3.2. 28 3 Case 2:15-cv-01276-RFB-NJK Document 42 Filed 02/23/16 Page 4 of 14 1 3.3 Interrogatory Answers. If a party answering an interrogatory or other 2 discovery demand believes that its answer contains Confidential Information, it shall state so in the 3 interrogatory response, and that portion of the response will be entitled to the protections of this 4 order. 5 3.4 Inspection of Documents. In the event a party elects to produce files and 6 records for inspection and the requesting party elects to inspect them, no designation of Confidential 7 Information needs to be made in advance of the inspection. For purposes of such inspection, all 8 material produced shall be considered as Confidential Information. If the inspecting party selects 9 specified documents to be copied, the producing party shall designate Confidential Information in 10 AKERMAN LLP 1160 TOWN CENTER DRIVE, SUITE 330 LAS VEGAS, NEVADA 89144 TEL.: (702) 634-5000 – FAX: (702) 380-8572 11 accordance with subparagraph 3.2 at the time the copies are produced. 3.5 Deposition Transcripts. The party asserting confidentiality shall state on the 12 record the portions it deems confidential. The failure to designate testimony on the record as 13 confidential shall be a waiver unless the designating party notifies all other parties and files a motion 14 to designate the testimony as confidential within 5 days of the notification. 15 3.6 Inadvertent Failure to Designate. Inadvertent failure to identify documents or 16 things as "Confidential" pursuant to this Protective Order shall not constitute a waiver of any 17 otherwise valid claim for protection, provided that the provisions of this paragraph are satisfied. If 18 the designating party discovers that information should have but was not designated "Confidential" 19 or of the designating party receives notice that would enable the designated party to learn that it has 20 disclosed such information, the designating party must immediately notify all other parties. In such 21 event, within thirty (30) days of notifying all other parties, the designating parties must also provide 22 copies of the "Confidential" information designated in accordance with this Protective Order. After 23 receipt of such re-designated information, the "Confidential" information shall be treated as required 24 by this Protective Order, and the receiving party(ies) shall promptly, and in no event more than 25 fourteen (14) calendar days from the receipt of the re-designated information, return to the 26 designated party all previously produced copies of the same unlegended documents or things. The 27 designating party and the parties may agree to alternative means. The receiving party(ies) shall 28 4 Case 2:15-cv-01276-RFB-NJK Document 42 Filed 02/23/16 Page 5 of 14 1 receive no liability, under this Protective Order or otherwise, for any disclosure of information 2 contained in unlegended documents or things occurring before the receiving party was placed on 3 notice of the designating party's claims of confidentiality. 4 4. 5 Designations by Another Party. 4.1 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 9 document. 10 4.2 Return of Documents; Non-disclosure. Whenever a party other than the AKERMAN LLP 1160 TOWN CENTER DRIVE, SUITE 330 LAS VEGAS, NEVADA 89144 TEL.: (702) 634-5000 – FAX: (702) 380-8572 11 producing party designates a document produced by a producing party as Confidential Information 12 in accordance with subparagraph 4.1, each party receiving the document shall either add the 13 Confidential Information designation in accordance with subparagraph 3.2 or substitute a copy of the 14 document bearing such designation for each copy of the document produced by the producing party. 15 Each party shall destroy all undesignated copies of the document or return those copies to the 16 producing party, at the direction of the producing party. No party shall disclose a produced 17 document to any person, other than the persons authorized to receive Confidential Information under 18 subparagraph 7.1, until after the expiration of the fourteen (14) day designation period specified in 19 subparagraph 4.1. If during the fourteen (14) day designation period a party discloses a produced 20 document to a person authorized to receive Confidential Information under subparagraph 7.1, and 21 that document is subsequently designated as Confidential Information in accordance with 22 subparagraph 4.1, the disclosing party shall cause all copies of the document to be destroyed or 23 returned to the producing party, at the direction of the producing party. The party may thereafter 24 disclose a copy of the document that has been marked as Confidential Information by the 25 designating party, in accordance with subparagraphs 3.2 and 7.1. 26 … 27 … 28 5 Case 2:15-cv-01276-RFB-NJK Document 42 Filed 02/23/16 Page 6 of 14 1 5. Objections to Designations. Any party objecting to a designation of Confidential the designating party and all other parties of the objection in writing up to and through trial of the 4 matter. This notice must specifically identify each document that the objecting party in good faith 5 believes should not be designated as Confidential Information and provide a brief statement of the 6 grounds for such belief. 7 discovery disputes, the objecting and the designating parties thereafter shall confer within ten (10) 8 days after the date of such objection in an attempt to resolve their differences. If the parties are 9 unable to resolve their differences, the objecting party shall have twenty one (21) days after the 10 conference concludes to file with the Court a motion to remove the Confidential Information. If an 11 AKERMAN LLP Information, including objections to portions of designations of multi-page documents, shall notify 3 1160 TOWN CENTER DRIVE, SUITE 330 LAS VEGAS, NEVADA 89144 TEL.: (702) 634-5000 – FAX: (702) 380-8572 2 objection is served within forty-two (42) days of trial, the objecting party must file its motion to 12 remove the Confidential Information designation within half of the remaining time before trial, and 13 the meet-and-confer period shall be shortened accordingly. Where a party authored, created, owns, 14 or controls a document, information or other material that another party designates as Confidential 15 Information, the party that authored, created, owns, or controls the Confidential Information may so 16 inform the objecting party and thereafter shall also be considered a designating party for purposes of 17 this paragraph. In accordance with the Federal Rules of Civil Procedure governing 18 All documents, information and other materials initially designated as Confidential 19 Information shall be treated as such in accordance with this Protective Order unless and until the 20 Court rules otherwise, except for deposition transcripts and exhibits initially considered as 21 containing Confidential Information under subparagraph 3.5, which will lose their confidential status 22 after twenty-one (21) days unless so designated as Confidential Information. If the Court rules that a 23 designation should not be maintained as to a particular document, the producing party shall, upon 24 written request by a party, provide that party a copy of that document without the designation 25 described in subparagraph 3.2. 26 … 27 … 28 6 Case 2:15-cv-01276-RFB-NJK Document 42 Filed 02/23/16 Page 7 of 14 1 If an objecting party elects not to make such a motion with respect to documents within 2 twenty one (21) days after the conference, information or other materials to which an objection has 3 been made, the objection shall be deemed withdrawn. The designating party shall have twenty one 4 (21) days to respond to the objecting party’s motion. If no response is filed by the designating party 5 within twenty one (21) days, the designating party shall be deemed to have consented to the 6 objecting party’s motion pursuant to LR 7-2(d). 7 6. Custody. All Confidential Information and any and all copies, extracts and 8 summaries thereof, including memoranda relating thereto, shall be retained by the receiving party in 9 the custody of counsel of record, or by persons to whom disclosure is authorized under subparagraph 10 AKERMAN LLP 1160 TOWN CENTER DRIVE, SUITE 330 LAS VEGAS, NEVADA 89144 TEL.: (702) 634-5000 – FAX: (702) 380-8572 11 12 7.1. 7. Handling Prior to Trial. 7.1 Authorized Disclosures. Confidential Information shall be disclosed by the 13 receiving party only to the following persons: 14 a. 15 16 Counsel for the parties in this litigation, including their associates, clerks, paralegals, and secretarial personnel; b. Qualified persons taking testimony in this litigation involving such 17 Confidential Information, and necessary stenographic, videotape and 18 clerical personnel; 19 c. 20 21 for a party in this litigation; d. 22 23 Experts and their staff who are retained by counsel as expert witnesses Experts and their staff who are consulted by counsel for a party in this litigation; e. Parties to this litigation, limited to the named party and, if that party is 24 a corporate entity, a limited number of employees of the corporate 25 entity and its insurers; 26 27 f. Designated in-house counsel and a limited number of assistants, administrative or otherwise; 28 7 Case 2:15-cv-01276-RFB-NJK Document 42 Filed 02/23/16 Page 8 of 14 1 g. 2 Outside vendors employed by counsel for copying, scanning and general handling of documents; 3 h. Any person of whom testimony is taken regarding the Confidential 4 Information, except that such person may only be shown Confidential 5 Information during his/her testimony, and may not retain a copy of 6 such Confidential Information; and 7 i. 8 filing materials under seal. 9 10 This Court and this Court’s staff, subject to the Court’s processes for Such disclosures are authorized only to the extent necessary to investigate, prosecute, or defend the litigation. AKERMAN LLP 1160 TOWN CENTER DRIVE, SUITE 330 LAS VEGAS, NEVADA 89144 TEL.: (702) 634-5000 – FAX: (702) 380-8572 11 Confidential Information may not be disclosed to persons under subparagraphs (c) or (d) 12 until the receiving party has obtained a written acknowledgment from the person receiving 13 Confidential Information, in the form of the Declaration attached hereto as Exhibit A, that he or she 14 has received a copy of this Protective Order and has agreed to be bound by it. A party who discloses 15 Confidential Information in accordance with subparagraph 7.1 shall retain the written 16 acknowledgment from each person receiving Confidential Information, shall maintain a list of all 17 persons to whom a receiving party has disclosed Confidential Information and identify what 18 documents have been disclosed, and shall furnish the written acknowledgments and disclosure list to 19 opposing counsel as follows: (i) for a person under subparagraph (c), within thirty (30) days after the 20 person signs the Declaration; and (ii) for a person under subparagraph (d), within thirty (30) days 21 after the matter is finally concluded. Disclosure of Confidential Information to this Court, including 22 judicial staff, shall be made in accordance with subparagraph 7.4 of this Protective Order. 23 … 24 … 25 … 26 … 27 … 28 8 Case 2:15-cv-01276-RFB-NJK Document 42 Filed 02/23/16 Page 9 of 14 1 7.2 Unauthorized Disclosures. All persons receiving Confidential Information 2 under the terms of this Protective Order are under the jurisdiction of the state courts and U.S. federal 3 courts located in Nevada for all matters arising from the improper disclosure or use of such 4 information. If Confidential Information is disclosed to any person other than in the manner 5 authorized by this Protective Order, the party or person responsible for the disclosure, and any other 6 party or person who is subject to this Protective Order and learns of such disclosure, shall 7 immediately bring such disclosure to the attention of the designating party. Without prejudice to 8 other rights and remedies of the designating party, the responsible party or person shall make every 9 effort to obtain and return the Confidential Information and to prevent further disclosure on its own AKERMAN LLP 1160 TOWN CENTER DRIVE, SUITE 330 LAS VEGAS, NEVADA 89144 TEL.: (702) 634-5000 – FAX: (702) 380-8572 10 part or on the part of the person who was the unauthorized recipient of such information. 11 7.3 Court Filings. In the event any Confidential Information must be filed with the See order issued concurrently herewith the proposed filing shall be accompanied by a motion to file the Confidential 12 Court prior to trial, 13 Information under seal that complies with Local Rule 10-5(b) and a proposed order, and the 14 application and proposed order shall be directed to the judge to whom the Confidential Information 15 is directed. This provision is applicable to briefs, memoranda, and other filings which quote, 16 summarize, or describe Confidential Information. 17 8. Care in Storage. Any person in possession of Confidential Information produced by 18 another party shall exercise reasonable and appropriate care with regard to the storage, custody, 19 copying, and use of such information to ensure that the confidential and sensitive nature of same is 20 maintained. 21 9. Handling During Trial. Confidential Information that is subject to this Order may be 22 marked and used as trial exhibits by either party, subject to terms and conditions as imposed by the 23 Court upon application by any party. 24 … 25 … 26 … 27 … 28 9 Case 2:15-cv-01276-RFB-NJK Document 42 Filed 02/23/16 Page 10 of 14 1 10. No Implied Waivers. This Protective Order shall not be interpreted as a waiver of 2 the right to object, under applicable law, to the furnishing of information in response to discovery 3 requests or to object to a requested inspection of documents or facilities. Parties producing 4 Confidential Information in this litigation are doing so only pursuant to the terms of this Protective 5 Order. The taking of any action in accordance with the provisions of this Protective Order shall not 6 be interpreted as a waiver of any claim or position or defense in this action, or any other actions. 7 11. No Admission. The designation of any item as Confidential Information shall not be 8 construed as an admission that such material, or any testimony concerning such material, would be 9 admissible in evidence in this litigation or in any other proceeding. 10 12. Inadvertent Disclosure. Nothing in this Protective Order abridges applicable law AKERMAN LLP 1160 TOWN CENTER DRIVE, SUITE 330 LAS VEGAS, NEVADA 89144 TEL.: (702) 634-5000 – FAX: (702) 380-8572 11 concerning inadvertent disclosure of a document that the Disclosing Party believes contains 12 attorney-client communications, attorney work product, or otherwise privileged information. If a 13 party inadvertently discloses documents or information subject to a claim of privilege or work 14 product protection, such disclosure will not waive otherwise applicable claims of privilege or work 15 product protection under applicable law. Upon discovery by the Receiving Party, or receipt of 16 written notice from the Disclosing Party identifying privileged or protected Documents that were 17 inadvertently produced, the receiving party shall within seven (7) business days either: (a) return or 18 certify the destruction of all such documents, all copies, and any work product or portions of any 19 work product containing or reflecting the contents of the subject materials; or (b) after attempting to 20 resolve any dispute with opposing counsel informally, file a motion to challenge the assertion of 21 privilege and tender the subject documents for in camera review with the motion. The moving party 22 shall do nothing to compromise the privilege claim until the Court rules on said motion and the 23 opportunity for appellate review is exhausted or the issue is otherwise resolved. 24 13. Parties’ Own Documents. This Protective Order shall in no way restrict the parties 25 in their use of their own documents and information, and nothing in this Protective Order shall 26 preclude any party from voluntarily disclosing its own documents or information to any party or 27 nonparty. 28 10 Case 2:15-cv-01276-RFB-NJK Document 42 Filed 02/23/16 Page 11 of 14 1 14. Motion by Third Party to Compel Production of Confidential Information. If any party to this action to produce any such information, such party shall immediately notify the parties 4 who originally produced and/or designated such information that a subpoena has been served or a 5 motion has been made in order to allow the parties who originally produced and/or designated such 6 information the opportunity to seek a protective order or oppose the motion or application. If, within 7 thirty (30) days after receiving notice of a subpoena seeking Confidential Information from a 8 receiving party, the party who originally produced and/or designated such information fails to move 9 for a protective order, the party subject to the subpoena may produce said information. In addition, if 10 a party is ordered to produce Confidential Information covered by this Protective Order, then notice 11 AKERMAN LLP third party subpoenas Confidential Information from a party to this action or moves to compel a 3 1160 TOWN CENTER DRIVE, SUITE 330 LAS VEGAS, NEVADA 89144 TEL.: (702) 634-5000 – FAX: (702) 380-8572 2 and, if available, a copy of the order compelling disclosure shall immediately be given the parties 12 who originally produced and/or designated such information. Nothing in this Protective Order shall 13 be construed as requiring the party who is ordered to produce such Confidential Information to 14 challenge or appeal any order requiring the production of such information or to subject 15 himself/herself to any penalty for non-compliance with any legal process or seek any relief from the 16 Court. 17 15. No Effect on Other Rights. This Protective Order shall in no way abrogate or 18 diminish any pre-existing contractual, statutory, or other legal obligations or rights of any party with 19 respect to Confidential Information. 20 16. Modification. In the event any party hereto seeks a Court order to modify the terms 21 of this Protective Order, or seeks a protective order which incorporates the terms and conditions of 22 this Protective Order said party shall make such request by written stipulation or noticed motion to 23 all parties that must be served and filed in accordance with local court rules. 24 … 25 … 26 … 27 … 28 11 Case 2:15-cv-01276-RFB-NJK Document 42 Filed 02/23/16 Page 12 of 14 1 17. Handling Upon Conclusion of Litigation. All parties, counsel, and persons to whom thirty (30) days of the conclusion of litigation between the parties, including final appellate action or 4 the expiration of time to appeal or seek further review. In addition, counsel shall certify in writing 5 that all such Confidential Information have been returned. Counsel for each party also shall contact 6 each 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 8 possession of such information may elect to destroy it. If the person or party in possession of 9 Confidential Information elects to destroy it rather than return it, that person or party must notify the 10 designating party in writing of the destruction of the information within ninety (90) days of the 11 AKERMAN LLP disclosure was made agree to return all Confidential Information to the designating party within 3 1160 TOWN CENTER DRIVE, SUITE 330 LAS VEGAS, NEVADA 89144 TEL.: (702) 634-5000 – FAX: (702) 380-8572 2 conclusion of litigation between the parties, including final appellate action or the expiration of time 12 to appeal or seek further review. 13 … 14 … 15 … 16 … 17 … 18 … 19 … 20 … 21 … 22 … 23 … 24 … 25 … 26 … 27 … 28 12 Case 2:15-cv-01276-RFB-NJK Document 42 Filed 02/23/16 Page 13 of 14 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 Respectfully submitted, this 23rd day of February, 2016. 5 6 11 BY: /s/ Darren T. Brenner, Esq. _____ Melanie D. Morgan, Esq. Nevada Bar No. 8215 Christine Parvan, Esq. Nevada Bar No. 10711 Darren T. Brenner, Esq. Nevada Bar No. 8386 AKERMAN LLP 1160 Town Center Drive, Suite Las Vegas, NV 89144 12 Attorneys for Plaintiff 7 8 9 AKERMAN LLP 1160 TOWN CENTER DRIVE, SUITE 330 LAS VEGAS, NEVADA 89144 TEL.: (702) 634-5000 – FAX: (702) 380-8572 10 BY: /s/ Diana Cline Ebron, Esq.__________ Diana Cline Ebron, Esq. Nevada Bar No. 10580 Jacqueline Gilbert, Esq. Nevada Bar No. 10593 Karen L. Hanks, Esq. Nevada Bar No. 9578 330 KIM GILBERT EBRON 7625 Dean Martin Dr., Suite 110 Las Vegas, Nevada 89014 Attorneys for SFR Investments Pool 1, LLC 13 14 15 16 17 18 19 20 BY: /s/ Seetal Tejura, Esq. _____ Seetal Tejura, Esq. Nevada Bar No. 8284 Alverson, Taylor, Mortensen & Sanders 7401 W. Charleston Boulevard Las Vegas, NV 89117 Attorney for Southern Highlands Community Ass'n. ORDER It is so ordered. 21 22 23 February 23 DATED this ____ day of ____________, 2016. 24 25 26 ______________________________________ UNITED STATES MAGISTRATE JUDGE 27 28 13 Case 2:15-cv-01276-RFB-NJK Document 42 Filed 02/23/16 Page 14 of 14 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 ________________, 2016, in the case of Deutsche Bank National Trust Company, as Trustee, in 6 Trust for the Certificate Holders of Harborview Mortgage Loan Trust Series 2005-7, Mortgage 7 Pass-Through Certificates Series 2005-7 v. SFR Investments Pool I, LLC et al, Case No.: 2:15-cv- 8 01276-RFP-NJK. I agree to comply with and be bound by all terms of this Protective Order and I 9 understand and acknowledge that failure to so comply could expose me to sanctions and punishment 10 in the nature of contempt. I solemnly promise that I will not disclose in any manner any information 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 or item that is subject to this Protective Order to any person or entity except in strict compliance with 12 this Protective Order. Further, I solemnly promise that I will not offer to sell, advertise or publicize 13 that I have obtained any protected material subject to this Protective Order. 14 At the conclusion of this matter, I will return all protected materials which came into my 15 possession or control to counsel for the party from whom I received the protected material, or I will 16 destroy those materials. 17 summaries of protected material shall remain protected pursuant to the terms of this Order. I understand that any confidential information contained within any 18 I further agree to submit to the jurisdiction of the United States District Court, for the District 19 of Nevada for the purpose of enforcing the terms of this Protective Order, even if such enforcement 20 proceedings occur after termination of this action. 21 I certify under penalty of perjury that the foregoing is true and correct. 22 Date: ____________________________ 23 City and State where signed: ________________________________ 24 Printed Name: ___________________________________________ 25 Address: ________________________________________________ 26 Signature: _______________________________________________ 27 28 14