Deutsche Bank National Trust Company v. Star Hill Homeowners Association et al, No. 2:2017cv02536 - Document 34 (D. Nev. 2018)

Court Description: STIPULATED PROTECTIVE ORDER granting 32 Stipulation. Signed by Magistrate Judge Peggy A. Leen on 4/19/2018. (Copies have been distributed pursuant to the NEF - MMM)
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Deutsche Bank National Trust Company v. Star Hill Homeowners Association et al Doc. 34 Case 2:17-cv-02536-JAD-PAL Document 32 Filed 04/13/18 Page 1 of 13 1 2 3 4 5 6 7 8 ARIEL E. STERN, ESQ. Nevada Bar No. 8276 JAMIE K. COMBS, ESQ. Nevada Bar No. 13088 AKERMAN LLP 1635 Village Center Circle, Suite 200 Las Vegas, Nevada 89134 Telephone: (702) 634-5000 Facsimile: (702) 380-8572 Email: ariel.stern@akerman.com Email: jamie.combs@akerman.com Attorneys for Plaintiff Deutsche Bank National Trust Company, as Trustee for Holders of the GSAA Home Equity Trust 2006-11 Asset-Backed Certificates Series 2006-11 9 UNITED STATES DISTRICT COURT 10 DISTRICT OF NEVADA AKERMAN LLP 1635 VILLAGE CENTER CIRCLE, SUITE 200 LAS VEGAS, NEVADA 89134 TEL.: (702) 634-5000 – FAX: (702) 380-8572 11 12 13 14 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR HOLDERS OF THE GSAA HOME EQUITY TRUST 200611 ASSET-BACKED CERTIFICATES SERIES 2006-11, 15 Case No. 2:17-cv-02536-JAD-PAL STIPULATION AND PROTECTIVE ORDER Plaintiff, 16 vs. 17 18 STAR HILL HOMEOWNERS ASSOCIATION; NEVADA ASSOCIATION SERVICES, INC.; SFR INVESTMENTS POOL 1, LLC, 19 Defendants. 20 21 22 23 24 25 26 27 Subject to the approval of the Court, Deutsche Bank National Trust Company, as Trustee for the Holders of the GSAA Home Equity Trust 2006-11 Asset-Backed Certificates Series 2006-11 (Deutsche Bank), Star Hill Homeowners Association, and SFR Investments Pool 1, LLC (SFR), by and through their counsels of record, stipulate to the following Protective Order: To expedite the flow of discovery, facilitate the prompt resolution of disputes over confidentiality, adequately protect material claimed to be confidential, and ensure protection is afforded only to material so designated, it is, pursuant to the Court's authority under Nevada Rule of 1 28 44894111;1 44894111;1 Dockets.Justia.com Case 2:17-cv-02536-JAD-PAL Document 32 Filed 04/13/18 Page 2 of 13 1 Civil Procedure 26(c), ORDERED this Protective Order shall govern the disclosure, handling and 2 disposition of documents in this litigation as follows: 3 1. 4 Application. 1.1 This Protective Order shall govern any document, information or other 5 material that is designated as containing "Confidential Information" as defined herein, and is 6 produced in connection with this litigation by any person or entity (the producing party), whether 7 in response to a discovery request, subpoena or otherwise, to any other person or entity (the 8 receiving party) regardless of whether the person or entity producing or receiving such information 9 is a party to this litigation. 10 1.2 The party who asserts that particular information should be treated as AKERMAN LLP 1635 VILLAGE CENTER CIRCLE, SUITE 200 LAS VEGAS, NEVADA 89134 TEL.: (702) 634-5000 – FAX: (702) 380-8572 11 Confidential Information under this Protective Order has the burden of proof to establish that the 12 information or document is entitled to such protection. 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 2 28 44894111;1 44894111;1 Case 2:17-cv-02536-JAD-PAL Document 32 Filed 04/13/18 Page 3 of 13 1 3. 2 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 includes language substantially identical to the following: AKERMAN LLP 1635 VILLAGE CENTER CIRCLE, SUITE 200 LAS VEGAS, NEVADA 89134 TEL.: (702) 634-5000 – FAX: (702) 380-8572 11 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. 3 28 44894111;1 44894111;1 Case 2:17-cv-02536-JAD-PAL Document 32 Filed 04/13/18 Page 4 of 13 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 accordance with subparagraph 3.2 at the time the copies are produced. AKERMAN LLP 1635 VILLAGE CENTER CIRCLE, SUITE 200 LAS VEGAS, NEVADA 89134 TEL.: (702) 634-5000 – FAX: (702) 380-8572 11 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 the designating party receives notice that would enable the designating 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 designating 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 44894111;1 44894111;1 Case 2:17-cv-02536-JAD-PAL Document 32 Filed 04/13/18 Page 5 of 13 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 1635 VILLAGE CENTER CIRCLE, SUITE 200 LAS VEGAS, NEVADA 89134 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 5. Objections to Designations. Any party objecting to a designation of Confidential 27 Information, including objections to portions of designations of multi-page documents, shall notify 28 5 44894111;1 44894111;1 Case 2:17-cv-02536-JAD-PAL Document 32 Filed 04/13/18 Page 6 of 13 matter. This notice must specifically identify each document that the objecting party in good faith 3 believes should not be designated as Confidential Information and provide a brief statement of the 4 grounds for such belief. 5 discovery disputes, the objecting and the designating parties thereafter shall confer within ten (10) 6 days after the date of such objection in an attempt to resolve their differences. If the parties are 7 unable to resolve their differences, the designating party shall have fourteen (14) days after the 8 conference concludes to file with the Court a motion to deem the information as Confidential 9 Information. Where a party authored, created, owns, or controls a document, information or other 10 material that another party designates as Confidential Information, the party that authored, created, 11 AKERMAN LLP the designating party and all other parties of the objection in writing 45 days before trial of the 2 1635 VILLAGE CENTER CIRCLE, SUITE 200 LAS VEGAS, NEVADA 89134 TEL.: (702) 634-5000 – FAX: (702) 380-8572 1 owns, or controls the Confidential Information may so inform the objecting party and thereafter shall 12 also be considered a designating party for purposes of this paragraph. In accordance with the Federal Rules of Civil Procedure governing 13 All documents, information and other materials initially designated as Confidential 14 Information shall be treated as such in accordance with this Protective Order unless and until the 15 Court rules otherwise, except for deposition transcripts and exhibits initially considered as 16 containing Confidential Information under subparagraph 3.5, which will lose their confidential status 17 after fourteen (14) days unless so designated as Confidential Information. If the Court rules that a 18 designation should not be maintained as to a particular document, the producing party shall, upon 19 written request by a party, provide that party a copy of that document without the designation 20 described in subparagraph 3.2. 21 If a designating party elects not to make such a motion with respect to documents within 22 fourteen (14) days after the conference, information or other materials to which an objection has 23 been made, the Confidential Information designation shall be deemed withdrawn. The objecting 24 party shall have fourteen (14) days to respond to the designating party’s motion. If no response is 25 filed by the objecting party within fourteen (14) days, the objecting party shall be deemed to have 26 consented to the designating party’s motion. 27 6 28 44894111;1 44894111;1 Case 2:17-cv-02536-JAD-PAL Document 32 Filed 04/13/18 Page 7 of 13 1 6. Custody. All Confidential Information and any and all copies, extracts and 2 summaries thereof, including memoranda relating thereto, shall be retained by the receiving party in 3 the custody of counsel of record, or by persons to whom disclosure is authorized under subparagraph 4 7.1. 5 7. 6 Handling Prior to Trial. 7.1 Authorized Disclosures. Confidential Information shall be disclosed by the 7 receiving party only to the following persons: 8 a. 9 Counsel for the parties in this litigation, including their associates, clerks, paralegals, and secretarial personnel; 10 b. Qualified persons taking testimony in this litigation involving such AKERMAN LLP 1635 VILLAGE CENTER CIRCLE, SUITE 200 LAS VEGAS, NEVADA 89134 TEL.: (702) 634-5000 – FAX: (702) 380-8572 11 Confidential Information, and necessary stenographic, videotape and 12 clerical personnel; 13 c. 14 Experts and their staff who are retained by counsel as expert witnesses for a party in this litigation; 15 d. 16 Experts and their staff who are consulted by counsel for a party in this litigation; 17 e. Parties to this litigation, limited to the named party and, if that party is 18 a corporate entity, a limited number of employees of the corporate 19 entity and its insurers; 20 f. 21 Designated in-house counsel and a limited number of assistants, administrative or otherwise; 22 g. 23 Outside vendors employed by counsel for copying, scanning and general handling of documents; 24 h. Any person of whom testimony is taken regarding the Confidential 25 Information, except that such person may only be shown Confidential 26 Information during his/her testimony, and may not retain a copy of 27 such Confidential Information; and 7 28 44894111;1 44894111;1 Case 2:17-cv-02536-JAD-PAL Document 32 Filed 04/13/18 Page 8 of 13 1 i. 2 3 4 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 7 Confidential Information, in the form of the Declaration attached hereto as Exhibit A, that he or she 8 has received a copy of this Protective Order and has agreed to be bound by it. A party who discloses 9 Confidential Information in accordance with subparagraph 7.1 shall retain the written 10 acknowledgment from each person receiving Confidential Information, shall maintain a list of all 11 AKERMAN LLP Confidential Information may not be disclosed to persons under subparagraphs (c) or (d) 6 1635 VILLAGE CENTER CIRCLE, SUITE 200 LAS VEGAS, NEVADA 89134 TEL.: (702) 634-5000 – FAX: (702) 380-8572 5 persons to whom a receiving party has disclosed Confidential Information and identify what 12 documents have been disclosed, and shall furnish the written acknowledgments and disclosure list to 13 opposing counsel as follows: (i) for a person under subparagraph (c), within thirty (30) days after the 14 person signs the Declaration; and (ii) for a person under subparagraph (d), within thirty (30) days 15 after the matter is finally concluded. Disclosure of Confidential Information to this Court, including 16 judicial staff, shall be made in accordance with subparagraph 7.4 of this Protective Order. 17 7.2 Unauthorized Disclosures. All persons receiving Confidential Information 18 under the terms of this Protective Order are under the jurisdiction of the state courts and U.S. federal 19 courts located in Nevada for all matters arising from the improper disclosure or use of such 20 information. If Confidential Information is disclosed to any person other than in the manner 21 authorized by this Protective Order, the party or person responsible for the disclosure, and any other 22 party or person who is subject to this Protective Order and learns of such disclosure, shall 23 immediately bring such disclosure to the attention of the designating party. Without prejudice to 24 other rights and remedies of the designating party, the responsible party or person shall make every 25 effort to obtain and return the Confidential Information and to prevent further disclosure on its own 26 part or on the part of the person who was the unauthorized recipient of such information. 27 8 28 44894111;1 44894111;1 Case 2:17-cv-02536-JAD-PAL Document 32 Filed 04/13/18 Page 9 of 13 1 7.3 Court Filings. In the event any Confidential Information must be filed with the 2 Court prior to trial, the proposed filing shall be accompanied by a motion to file the Confidential 3 Information under seal, and the motion shall be directed to the judge to whom the Confidential 4 Information is directed. This provision is applicable to briefs, memoranda, and other filings which 5 quote, summarize, or describe Confidential Information. 6 8. Care in Storage. Any person in possession of Confidential Information produced by 7 another party shall exercise reasonable and appropriate care with regard to the storage, custody, 8 copying, and use of such information to ensure that the confidential and sensitive nature of same is 9 maintained. 10 9. Handling During Trial. Confidential Information that is subject to this Order may be AKERMAN LLP 1635 VILLAGE CENTER CIRCLE, SUITE 200 LAS VEGAS, NEVADA 89134 TEL.: (702) 634-5000 – FAX: (702) 380-8572 11 marked and used as trial exhibits by either party, subject to terms and conditions as imposed by the 12 Court upon application by any party. 13 10. No Implied Waivers. This Protective Order shall not be interpreted as a waiver of 14 the right to object, under applicable law, to the furnishing of information in response to discovery 15 requests or to object to a requested inspection of documents or facilities. 16 Confidential Information in this litigation are doing so only pursuant to the terms of this Protective 17 Order. The taking of any action in accordance with the provisions of this Protective Order shall not 18 be interpreted as a waiver of any claim or position or defense in this action, or any other actions. 19 11. Parties producing No Admission. The designation of any item as Confidential Information shall not be 20 construed as an admission that such material, or any testimony concerning such material, would be 21 admissible in evidence in this litigation or in any other proceeding. 22 12. Inadvertent Disclosure. Nothing in this Protective Order abridges applicable law 23 concerning inadvertent disclosure of a document that the Disclosing Party believes contains 24 attorney-client communications, attorney work product, or otherwise privileged information. If a 25 party inadvertently discloses documents or information subject to a claim of privilege or work 26 product protection, such disclosure will not waive otherwise applicable claims of privilege or work 27 product protection under applicable law. Upon discovery by the Receiving Party, or receipt of 28 9 44894111;1 44894111;1 Case 2:17-cv-02536-JAD-PAL Document 32 Filed 04/13/18 Page 10 of 13 1 written notice from the Disclosing Party identifying privileged or protected Documents that were 2 inadvertently produced, the receiving party shall within seven (7) business days either: (a) return or 3 certify the destruction of all such documents, all copies, and any work product or portions of any 4 work product containing or reflecting the contents of the subject materials; or (b) follow the 5 procedures outlined in paragraph 5 above for objecting to the designation of Confidential 6 Information. The objecting party shall do nothing to compromise the privilege claim until the Court 7 rules on said motion and the opportunity for appellate review is exhausted or the issue is otherwise 8 resolved. 9 13. Parties' Own Documents. This Protective Order shall in no way restrict the parties AKERMAN LLP in their use of their own documents and information, and nothing in this Protective Order shall 11 1635 VILLAGE CENTER CIRCLE, SUITE 200 LAS VEGAS, NEVADA 89134 TEL.: (702) 634-5000 – FAX: (702) 380-8572 10 preclude any party from voluntarily disclosing its own documents or information to any party or 12 nonparty. 13 14. Motion by Third Party to Compel Production of Confidential Information. If 14 any third party subpoenas Confidential Information from a party to this action or moves to compel a 15 party to this action to produce any such information, such party shall immediately notify the parties 16 who originally produced and/or designated such information that a subpoena has been served or a 17 motion has been made in order to allow the parties who originally produced and/or designated such 18 information the opportunity to seek a protective order or oppose the motion or application. If, within 19 ten (10) days after receiving notice of a subpoena seeking Confidential Information from a receiving 20 party, the party who originally produced and/or designated such information fails to move for a 21 protective order, the party subject to the subpoena may produce said information. In addition, if a 22 party is ordered to produce Confidential Information covered by this Protective Order, then notice 23 and, if available, a copy of the order compelling disclosure shall immediately be given the parties 24 who originally produced and/or designated such information. Nothing in this Protective Order shall 25 be construed as requiring the party who is ordered to produce such Confidential Information to 26 challenge or appeal any order requiring the production of such information or to subject 27 10 28 44894111;1 44894111;1 Case 2:17-cv-02536-JAD-PAL Document 32 Filed 04/13/18 Page 11 of 13 1 himself/herself to any penalty for non-compliance with any legal process or seek any relief from the 2 Court. 3 15. No Effect on Other Rights. This Protective Order shall in no way abrogate or 4 diminish any pre-existing contractual, statutory, or other legal obligations or rights of any party with 5 respect to Confidential Information. 6 16. Modification. In the event any party hereto seeks a Court order to modify the terms 7 of this Protective Order, or seeks a protective order which incorporates the terms and conditions of 8 this Protective Order said party shall make such request by written stipulation or noticed motion to 9 all parties that must be served and filed in accordance with local court rules. 10 17. Handling Upon Conclusion of Litigation. All parties, counsel, and persons to AKERMAN LLP 1635 VILLAGE CENTER CIRCLE, SUITE 200 LAS VEGAS, NEVADA 89134 TEL.: (702) 634-5000 – FAX: (702) 380-8572 11 whom disclosure was made agree to return all Confidential Information to the designating party 12 within thirty (30) days of the conclusion of litigation between the parties, including final appellate 13 action or the expiration of time to appeal or seek further review. In addition, counsel shall certify in 14 writing that all such Confidential Information have been returned. Counsel for each party also shall 15 contact each person to whom that party has provided a copy of any Confidential Information and 16 request the documents be returned. In lieu of returning Confidential Information, the person or party 17 in possession of such information may elect to destroy it. If the person or party in possession of 18 Confidential Information elects to destroy it rather than return it, that person or party must notify the 19 designating party in writing of the destruction of the information within ninety (90) days of the 20 conclusion of litigation between the parties, including final appellate action or the expiration of time 21 to appeal or seek further review. 22 /// 23 /// 24 /// 25 /// 26 /// 27 /// 11 28 44894111;1 44894111;1 Case 2:17-cv-02536-JAD-PAL Document 32 Filed 04/13/18 Page 12 of 13 1 18. Survival of the Terms of this Protective Order. Even after the termination of this 2 litigation, the confidentiality obligations imposed by this Protective Order shall remain in effect until 3 a Designating Party otherwise in writing or a court order otherwise directs. 4 5 DATED this 13th day of April, 2018. AKERMAN LLP ALVERSON TAYLOR MORTENSEN & SANDERS /s/ Jamie K. Combs _____ ARIEL E. STERN, ESQ. Nevada Bar No. 8276 JAMIE K. COMBS Nevada Bar No.13088 AKERMAN LLP 1635 Village Center Circle, Ste. 200 Las Vegas, Nevada 89134 Telephone: (702) 634-5000 Facsimile: (702) 380-8572 Email: ariel.stern@akerman.com Email: jamie.combs@akerman.com Attorneys for plaintiff Deutsche Bank National Trust Company, as Trustee for Holders of the GSAA Home Equity Trust 2006-11 Asset-Backed Certificates Series 2006-11 /s/ Trevor Waite KURT R. BONDS, ESQ. Nevada Bar No. 6228 TREVOR R. WAITE, ESQ. Nevada Bar No. 13779 6605 Grand Montecito Parkway, Suite 200 Las Vegas, Nevada 89149 Telephone: (702) 384-7000 efile@alversontaylor.com Attorneys for Star Hill Homeowners Association 6 7 8 9 10 AKERMAN LLP 1635 VILLAGE CENTER CIRCLE, SUITE 200 LAS VEGAS, NEVADA 89134 TEL.: (702) 634-5000 – FAX: (702) 380-8572 11 12 13 14 15 16 17 18 19 20 21 22 KIM GLIBERT EBRON /s/ Diana S. Ebron DIANA S. EBRON, ESQ. Nevada Bar No. 10580 JACQUELINE A. GILBERT, ESQ. Nevada Bar No. 10593 7625 Dean Martin Drive, Suite 100 Las Vegas, Nevada 89139 Telephone: (702) 485-3300 Facsimile: (702) 485-3301 diana@kgelegal.com jackie@kgelegal.com Attorneys for SFR Investments Pool 1, LLC 23 IT IS SO ORDERED. 24 _________________________________ 25 MAGISTRATE JUDGE 26 April 19, 2018 DATED: _________________________ 27 12 28 44894111;1 44894111;1 Case 2:17-cv-02536-JAD-PAL Document 32 Filed 04/13/18 Page 13 of 13 ACKNOWLEDGEMENT AND AGREEMENT TO BE BOUND 3 I, ______________________, and read in its entirety and understand the Protective Order that was 4 issued by the United States District Court, for the District of Nevada, on ________________, 2018, 5 in the case of Deutsche Bank National Trust Company, as trustee for the holders of the GSAA home 6 equity trust 2006-11 asset-backed certificates series 2006-11 v. Star Hill Homeowners Association, 7 et al., Case No.: 2:17-cv-02536-JAD-PAL. I agree to comply with and be bound by all terms of this 8 Protective Order and I understand and acknowledge that failure to so comply could expose me to 9 sanctions and punishment in the nature of contempt. I solemnly promise that I will not disclose in 10 any manner any information or item that is subject to this Protective Order to any person or entity 11 AKERMAN LLP EXHIBIT A 2 1635 VILLAGE CENTER CIRCLE, SUITE 200 LAS VEGAS, NEVADA 89134 TEL.: (702) 634-5000 – FAX: (702) 380-8572 1 except in strict compliance with this Protective Order. Further, I solemnly promise that I will not 12 offer to sell, advertise or publicize that I have obtained any protected material subject to this 13 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 13 28 44894111;1 44894111;1