Ditech Financial LLC et al v. Park Avenue Homeowners' Association et al, No. 2:2016cv03021 - Document 43 (D. Nev. 2019)
Court Description: ORDER Granting 41 Stipulation re Discovery Stipulated Protective Order. Signed by Magistrate Judge Nancy J. Koppe on 9/19/2019. (Copies have been distributed pursuant to the NEF - JQC)
Download PDF
<![CDATA[
Ditech Financial LLC et al v. Park Avenue Homeowners&#039; Association et al Doc. 43 Case 2:16-cv-03021-JAD-NJK Document 41 Filed 09/18/19 Page 1 of 11 1 2 3 4 5 6 7 8 9 ARIEL E. STERN, ESQ. Nevada Bar No. 8276 SCOTT R. LACHMAN, ESQ. Nevada Bar No. 12016 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: scott.lachman@akerman.com Attorneys for Ditech Financial LLC fka Green Tree Servicing, LLC and Federal National Mortgage Association AKERMAN LLP 1635 VILLAGE CENTER CIRCLE, SUITE 200 LAS VEGAS, NEVADA 89134 TEL.: (702) 634-5000 – FAX: (702) 380-8572 10 UNITED STATES DISTRICT COURT 11 DISTRICT OF NEVADA 12 13 14 DITECH FINANCIAL LLC f/k/a GREEN TREE SERVICING, LLC; FEDERAL NATIONAL MORTGAGE ASSOCIATION, 15 16 Plaintiffs, Case No.: 2:16-cv-03021-JAD-NJK STIPULATED PROTECTIVE ORDER v. 17 18 19 PARK AVENUE HOMEOWNERS ASSOCIATION; and RED ROCK FINANCIAL SERVICES, LLC, Defendants. 20 21 AND ALL RELATED CASES 22 23 The parties stipulate to the following Protective Order: 24 To expedite the flow of discovery, facilitate the prompt resolution of disputes over 25 confidentiality, adequately protect material claimed to be confidential, and ensure protection is 26 afforded only to material so designated, it is, pursuant to the Court's authority under Rule 26(c), 27 ORDERED this Protective Order shall govern the disclosure, handling and disposition of documents 28 in this litigation as follows: 50200979;1 Dockets.Justia.com AKERMAN LLP 1635 VILLAGE CENTER CIRCLE, SUITE 200 LAS VEGAS, NEVADA 89134 TEL.: (702) 634-5000 – FAX: (702) 380-8572 Case 2:16-cv-03021-JAD-NJK Document 41 Filed 09/18/19 Page 2 of 11 1 1. Application. 2 1.1 This Protective Order shall govern any document, information or other material that is 3 designated as containing "Confidential Information" as defined herein, and is produced in connection 4 with this litigation by any person or entity (the "producing party"), whether in response to a 5 discovery request, subpoena or otherwise, to any other person or entity (the "receiving party") 6 regardless of whether the person or entity producing or receiving such information is a party to this 7 litigation. 8 2. Definitions. 9 2.1 Confidential Information. "Confidential Information" shall mean and include, without 10 limitation, any non-public information that concerns or relates to the following areas: confidential 11 proprietary information, trade secrets, practices and procedures, personal financial information, 12 commercial, financial, pricing, budgeting, and/or accounting information, information about existing 13 and potential customers, marketing studies, performance projections, business strategies, decisions 14 and/or negotiations, personnel compensation, evaluations and other employment information, and 15 confidential proprietary information about affiliates, parents, subsidiaries and third-parties with 16 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, records, files, 18 drawings, graphs, charts, photographs, e-mails, video tapes, audio tapes, compact discs, electronic 19 messages, other data compilations from which information can be obtained and other tangible things 20 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 with respect to documents, 23 other tangible things and information that the asserting party has a good faith belief are within the 24 definition set forth in subparagraph 2.1 of this Protective Order. Objections to such claims made 25 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 or 27 contain Confidential Information shall state that the material is being produced under this Protective 28 Order by describing the documents or materials to be treated as confidential in writing, by page or 2 50200979;1 AKERMAN LLP 1635 VILLAGE CENTER CIRCLE, SUITE 200 LAS VEGAS, NEVADA 89134 TEL.: (702) 634-5000 – FAX: (702) 380-8572 Case 2:16-cv-03021-JAD-NJK Document 41 Filed 09/18/19 Page 3 of 11 1 bates number wherever possible and/or shall produce copies bearing a label that contains or includes 2 language substantially identical to the following: 3 CONFIDENTIAL 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 discovery 21 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 records for 25 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 50200979;1 Case 2:16-cv-03021-JAD-NJK Document 41 Filed 09/18/19 Page 4 of 11 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 the portions it deems confidential. The failure to designate testimony on the record as confidential 5 shall be a waiver unless the designating party notifies all other parties and files a motion to designate 6 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 record 3.6 Inadvertent Failure to Designate. Inadvertent failure to identify documents or things 8 as "Confidential" pursuant to this Protective Order shall not constitute a waiver of any otherwise 9 valid claim for protection, provided that the provisions of this paragraph are satisfied. If the 10 designating party discovers that information should have but was not designated "Confidential" or if 11 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 that a 25 producing party has produced a document that contains or constitutes Confidential Information of 26 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 50200979;1 Case 2:16-cv-03021-JAD-NJK Document 41 Filed 09/18/19 Page 5 of 11 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 producing 2 party designates a document produced by a producing party as Confidential Information in 3 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 document 8 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 designating 16 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 forty-five (45) days before trial 20 of the matter. This notice must specifically identify each document that the objecting party in good 21 faith believes should not be designated as Confidential Information and provide a brief statement of 22 the grounds for such belief. In accordance with the Federal Rules of Civil Procedure governing 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 designating party shall have fourteen (14) days after the 26 conference concludes to file with the Court a motion to deem the information as Confidential 27 Information. Where a party authored, created, owns, or controls a document, information or other 28 material that another party designates as Confidential Information, the party that authored, created, 5 50200979;1 AKERMAN LLP 1635 VILLAGE CENTER CIRCLE, SUITE 200 LAS VEGAS, NEVADA 89134 TEL.: (702) 634-5000 – FAX: (702) 380-8572 Case 2:16-cv-03021-JAD-NJK Document 41 Filed 09/18/19 Page 6 of 11 1 owns, or controls the Confidential Information may so inform the objecting party and thereafter shall 2 also be considered a designating party for purposes for this paragraph. 3 All documents, information and other materials initially designated as Confidential 4 Information shall be treated as such in accordance with this Protective Order unless and until the 5 Court rules otherwise, except for deposition transcripts and exhibits initially considered as 6 containing Confidential Information under subparagraph 3.5, which will lose their confidential status 7 after fourteen (14) days unless so designated as Confidential Information. If the Court rules that a 8 designation should be maintained as to a particular document, the producing party shall, upon 9 written request by a party, provide that party a copy of that document without the designation 10 11 described in subparagraph 3.2. designating The objecting party shall bear the burden of proof to establish the information or document is 12 not entitled to the Confidential Information designation. 13 If a designating party elects not to make such a motion with respect to documents within 14 fourteen (14) days after the conference, information or other materials to which an objection has 15 17 been made, the Confidential Information designated shall be deemed withdrawn. The objecting party designating four shall have fourteen (14) days to respond to the objecting party's motion. If no response is filed by the four objecting party within fourteen (14) days, the objecting party shall be deemed to have consented to 18 the designating party's motion. 16 19 6. Custody. All Confidential Information and any and all copies, extracts and 20 summaries thereof, including memoranda relating thereto, shall be retained by the receiving party in 21 the custody of counsel of record, or by persons to whom disclosure is authorized under subparagraph 22 7.1. 23 7. Handling Prior to Trial. 24 7.1 Authorized Disclosures. Confidential Information shall be disclosed by the receiving 25 party only to the following persons: 26 27 a. Counsel for the parties in this litigation, including their associates, clerks, paralegals, and secretarial personnel; 28 6 50200979;1 Case 2:16-cv-03021-JAD-NJK Document 41 Filed 09/18/19 Page 7 of 11 1 2 b. Information, and necessary stenographic, videotape and clerical personnel; 3 4 c. this litigation; d. Experts and their staff who are consulted by counsel for a party in this litigation; 6 e. 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 entity and its insurers; 8 9 f. 11 Designated in-house counsel and a limited number of assistants, administrative or otherwise; 10 AKERMAN LLP Experts and their staff who are retained by counsel as expert witnesses for a party in 5 7 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 Confidential g. Outside vendors employed by counsel for copying, scanning and general handling of documents; 12 h. Any person of whom testimony is taken regarding the Confidential Information, 13 except that such person may only be shown Confidential Information during his/her testimony, and 14 may not retain a copy of such Confidential Information; and 15 16 i. under seal. 17 18 This Court and this Court's staff, subject to the Court's processes for filing materials Such disclosures are authorized only to the extent necessary to investigate, prosecute, or defend the litigation. 19 Confidential Information may not be disclosed to persons under subparagraphs (c) or (d) until 20 the receiving party has obtained a written acknowledgment from the person receiving Confidential 21 Information, in the form of the Declaration attached hereto as Exhibit A, that he or she has received 22 a copy of this Protective Order and has agreed to be bound by it. A party who discloses Confidential 23 Information in accordance with subparagraph 7.1 shall retain the written acknowledgment from each 24 person receiving Confidential Information, shall maintain a list of all persons to whom a receiving 25 party has disclosed Confidential Information and identify what documents have been disclosed, and 26 shall furnish the written acknowledgments and disclosure list to opposing counsel as follows: (i) for 27 a person under subparagraph (c), within thirty (30) days after the person signs the Declaration, and 28 (ii) for a person under subparagraph (d), within thirty (30) days after the matter is finally concluded. 7 50200979;1 Case 2:16-cv-03021-JAD-NJK Document 41 Filed 09/18/19 Page 8 of 11 1 Disclosure of Confidential Information to this Court including judicial staff, shall be made in 2 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 3 7.2 Unauthorized Disclosures. All persons receiving Confidential Information under the 4 terms of this Protective Order are under the jurisdiction of the state courts and U.S. federal courts 5 located in Nevada for all matters arising from the improper disclosure or use of such information. If 6 Confidential Information is disclosed to any person other than in the manner authorized by this 7 Protective Order, the party or person responsible for the disclosure, and any other party or person 8 who is subject to this Protective Order and learns of such disclosure, shall immediately bring such 9 disclosure to the attention of the designating party. Without prejudice to other rights and remedies of 10 the designating party, the responsible party or person shall make every effort to obtain and return the 11 Confidential Information and to prevent further disclosure on its own part or on the part of the 12 person who was the unauthorized recipient of such information. 13 14 7.3 Court Filings. In the event any Confidential Information must be filed with the Court prior to trial, the proposed filing shall be accompanied by a motion to file the Confidential See order 15issued Information under seal that complies with Local Rule 10-5(b) and proposed order, and the concurrently herewith 16 application and proposed order shall be directed to the judge to whom the Confidential Information 17 is directed. This provision is applicable to briefs, memoranda, and other filings which quote, 18 summarize, or describe Confidential Information. 19 8. Care in Storage. Any person in possession of Confidential Information produced by 20 another party shall exercise reasonable and appropriate care with regard to the storage, custody, 21 copying, and use of such information to ensure that the confidential and sensitive nature of same is 22 maintained. 23 9. Handling During Trial. Confidential Information that is subject to this Order may 24 be marked and used as trial exhibits by either party, subject to terms and conditions as imposed by 25 the Court upon application by any party. 26 10. No Implied Waivers. This Protective Order shall not be interpreted as a waiver of 27 the right to object, under applicable law, to the furnishing of information in response to discovery 28 requests or to object to a requested inspection of documents or facilities. Parties producing 8 50200979;1 Case 2:16-cv-03021-JAD-NJK Document 41 Filed 09/18/19 Page 9 of 11 1 Confidential Information in this litigation are doing so only pursuant to the terms of this Protective 2 Order. The taking of any action in accordance with the provisions of this Protective Order shall not 3 be interpreted as a waiver of any claim or position or defense in this action, or any other actions. 4 11. 5 construed as an admission that such material, or any testimony concerning such material, would be 6 admissible in evidence in this litigation or in any other proceeding. AKERMAN LLP 7 1635 VILLAGE CENTER CIRCLE, SUITE 200 LAS VEGAS, NEVADA 89134 TEL.: (702) 634-5000 – FAX: (702) 380-8572 No Admission. The designation of any item as Confidential Information shall not be 12. Inadvertent Disclosure. Nothing in this Protective Order abridges applicable law 8 concerning inadvertent disclosure of a document that the Disclosing Party believes contains 9 attorney-client communications, attorney work product or otherwise privileged information. If a 10 party inadvertently discloses documents or information subject to a claim of privilege or work 11 product protection under applicable law. Upon discovery by the Receiving Party, or receipt of 12 written notice from the Disclosing Party identifying privileged or protected Documents that were 13 inadvertently produced, the receiving party shall within seven (7) business days either: (a) return or 14 certify the destruction of all such documents, all copies, and any work product or portions of any 15 work-product containing or reflecting the contents of the subject materials, or (b) after attempting to 16 resolve any dispute with opposing counsel informally, file a motion to challenge the assertion of 17 privilege and tender the subject documents for in camera review with the motion. The moving party 18 shall do nothing to compromise the privilege claim until the Court rules on said motion and the 19 opportunity for appellate review is exhausted or the issue is otherwise resolved. 20 13. Parties' Own Documents. This Protective Order shall in no way restrict the parties 21 in their use of their own documents and information, and nothing in this Protective Order shall 22 preclude any party from voluntarily disclosing its own documents or information to any party or 23 nonparty. 24 14. Motion by Third Party to Compel Production of Confidential Information. If 25 any third party subpoenas Confidential Information from a party to this action or moves to compel a 26 party to this action to produce any such information, such party shall immediately notify the parties 27 who originally produced and/or designated such information that a subpoena has been served or a 28 motion has been made in order to allow the parties who originally produced and/or designated such 9 50200979;1 AKERMAN LLP 1635 VILLAGE CENTER CIRCLE, SUITE 200 LAS VEGAS, NEVADA 89134 TEL.: (702) 634-5000 – FAX: (702) 380-8572 Case 2:16-cv-03021-JAD-NJK Document 41 Filed 09/18/19 Page 10 of 11 1 information the opportunity to seek a protective order or oppose the motion or application. If, within 2 thirty (30) days after receiving notice of a subpoena seeking Confidential Information from a 3 receiving party, the party who originally produced and/or designated such information fails to move 4 for a protective order, the party subject to the subpoena may produce said information. In addition, if 5 a party is ordered to produce Confidential Information covered by this Protective Order, then notice 6 and, if available, a copy of the order compelling disclosure shall immediately be given the parties 7 who originally produced and/or designated such information. Nothing in this Protective Order shall 8 be construed as requiring the party who is ordered to produce such Confidential Information to 9 challenge or appeal any order requiring the production of such information or to subject 10 himself/herself to any penalty for non-compliance with any legal process or seek any relief from the 11 Court. 12 15. No Effect on Other Rights. This Protective Order shall in no way abrogate or 13 diminish any pre-existing contractual, statutory, or other legal obligations or rights of any party with 14 respect to Confidential Information. 15 16. Modification. In the event any party hereto seeks a Court order to modify the terms 16 of this Protective Order, or seeks a protective order which incorporates the terms and conditions of 17 this Protective Order said party shall make such request by written stipulation or noticed motion to 18 all parties that must be served and filed in accordance with local court rules. 19 17. Handling Upon Conclusion of Litigation. All parties, counsel, and person to whom 20 disclosure was made agree to return all Confidential Information to the designating party within 21 thirty (30) days of the conclusion of litigation between the parties, including final appellate action or 22 the expiration of time to appeal or seek further review. In addition, counsel shall certify in writing 23 that all such Confidential Information have been returned. Counsel for each party also shall contact 24 each person to whom that party has provided a copy of any Confidential Information and request the 25 documents be returned. In lieu of returning Confidential Information, the person or party in 26 possession of such information may elect to destroy it. If the person or party in possession of 27 Confidential Information elects to destroy it rather than return it, that person or party must notify the 28 designating party in writing of the destruction of the information within ninety (90) days of the 10 50200979;1 Case 2:16-cv-03021-JAD-NJK Document 41 Filed 09/18/19 Page 11 of 11 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 DATED this 18th day of September, 2019. 7 8 9 AKERMAN LLP 1635 VILLAGE CENTER CIRCLE, SUITE 200 LAS VEGAS, NEVADA 89134 TEL.: (702) 634-5000 – FAX: (702) 380-8572 10 11 12 13 14 AKERMAN LLP LEACH KERN GRUCHOW ANDERSON SONG /s/ Scott R. Lachman ARIEL E. STERN, ESQ. Nevada Bar No. 8276 SCOTT R. LACHMAN, ESQ. Nevada Bar No. 12016 1635 Village Center Circle, Suite 200 Las Vegas, NV 89134 /s/ Sean L. Anderson SEAN L. ANDERSON, ESQ. Nevada Bar No. 7259 J. TYLER KING, ESQ. Nevada Bar No. 14895 2525 Box Canyon Drive Las Vegas, NV 89128 Attorneys for Ditech Financial LLC f/k/a Green Tree Servicing, LLC and Federal National Mortgage Association Attorneys for Park Avenue Homeowners' Association 15 16 KOCH & SCOW LLC 17 18 19 20 21 22 23 /s/ David R. Koch DAVID R. KOCH, ESQ. Nevada Bar No. 8830 STEVEN B. SCOW, ESQ. Nevada Bar No. 9906 BRODY R. WIGHT, ESQ. Nevada Bar No. 13615 11500 S. Eastern Avenue, Suite 210 Henderson, NV 89052 Attorneys for Red Rock Financial Services, LLC 24 25 26 27 28 11 50200979;1 IT IS SO ORDERED. Dated: September 19, 2019 . . ______________________________ Nancy J. Koppe United States Magistrate Judge
]]>
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You
should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
