Deutsche Bank National Trust Company, as Trustee for Soundview Home Loan Trust 2006 EQ2 Asset-Backed Certificates, Series 2006-EQ2 v. Chicago Title Insurance Company et al, No. 3:2019cv00649 - Document 46 (D. Nev. 2023)
Court Description: PROTECTIVE ORDER granting ECF No. 45 Stipulated Protective Order. Signed by Magistrate Judge Carla Baldwin on 1/9/2023. (Copies have been distributed pursuant to the NEF - CJS)
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Deutsche Bank National Trust Company, as Trustee for Soun...v. Chicago Title Insurance Company et al Doc. 46 Case 3:19-cv-00649-RCJ-CLB Document 46 Filed 01/09/23 Page 1 of 10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 UNITED STATES DISTRICT COURT 17 18 19 DISTRICT OF NEVADA DEUTSCHE BANK NATIONAL TRUST COMPANY, 21 vs. 22 CHICAGO TITLE INSURANCE COMPANY, ET AL., 24 25 PROTECTIVE ORDER Plaintiff, 20 23 Case No.: 3:19-CV-00649-RCJ-CLB Defendants. Plaintiff Deutsche Bank National Trust Company and Defendants Chicago Title Insurance 26 Company and Ticor Title Insurance Company (collectively, the “Parties”), by and through their 27 undersigned counsel, stipulate and agree as follows, subject to the approval of the District Court: 28 1 Dockets.Justia.com Case 3:19-cv-00649-RCJ-CLB Document 46 Filed 01/09/23 Page 2 of 10 GOOD CAUSE STATEMENT 1 2 The Parties in the above-entitled action (the “Action”) possess confidential, proprietary and 3 sensitive information of strategic and financial value which they wish to keep confidential. In the 4 event that such information, as described below in paragraph 1, were to be unnecessarily disclosed, 5 the Parties would suffer, among other things, financial and other hardship and the disclosure of the 6 internal workings of its operation. For these reasons, good cause exists to enter this Protective Order 7 (the “Protective Order”). To expedite the flow of discovery, facilitate the prompt resolution of 8 disputes over confidentiality, adequately protect material claimed to be confidential, and ensure 9 protection is afforded only to material so designated, good cause exists for this Protective Order. 10 1. Any of the Parties may designate any nonpublic document, material, or information 11 as “Confidential” under the terms of this Protective Order if the designating Party believes in good 12 faith that it contains any of the following: 13 a. Defendants’ internal underwriting practices and procedures; 14 b. Defendants’ internal claim handling practices and procedures; 15 c. Confidential information related to insureds, the issuance of any insurance 16 17 18 policies, and the handling of any related claims; d. Confidential borrower information regarding the origination, servicing, or administration of a related loan; 19 e. The personal financial information of either current or former personnel or a 20 consumer, including by way of example only, and without limitation, as social 21 security numbers and bank account numbers. 22 f. Any other information that concerns confidential proprietary information, trade 23 practices and procedures, commercial, financial, pricing, budgeting, and/or 24 accounting information, information about existing and potential customers, 25 marketing studies, performance projections, business strategies, decisions 26 and/or 27 employment information, and confidential proprietary information about negotiations, personnel 28 2 compensation, evaluations and other Case 3:19-cv-00649-RCJ-CLB Document 46 Filed 01/09/23 Page 3 of 10 1 affiliates, parents, subsidiaries and third-parties with whom the parties to this 2 action have or have had business relationships. 3 2. The party who asserts that particular information should be treated as Confidential 4 Information under this Protective Order has the burden of proof to establish that the information or 5 document is entitled to such protection. 6 3. Any documents, material, or information to be designated “Confidential” shall be so 7 designated by affixing the legend “CONFIDENTIAL - 3:19-CV-00649-RCJ-CLB” to each page 8 containing any “Confidential” documents, material, or information. 9 a. Affixing the legend “CONFIDENTIAL - 3:19-CV-00649-RCJ-CLB” on or to 10 the cover of any multipage document which is bound, stapled, or otherwise 11 securely attached shall have the effect of designating all pages of the document 12 as “Confidential” unless otherwise indicated by the designating Party. 13 b. If at any deposition in the Action any “Confidential” document, material or 14 information is marked as an exhibit, inquired about, testified about, or otherwise 15 used, the portion of the deposition transcript that relates to such documents, 16 material or information shall automatically be treated as if it had been designated 17 as “Confidential” under the terms of this Protective Order. A Party may 18 designate any portion of the transcript of any deposition in the Action as 19 “Confidential” if the Party determines in good faith that such portion of the 20 transcript contains “Confidential” material or information. Such designation 21 may be made during the deposition or at any time thereafter by notifying both 22 the other Party and the court reporter (or the court reporting agency) of the 23 designation. 24 4. The inadvertent production by any of the undersigned Parties of any “Confidential” 25 document, material, or information in discovery in this Action shall be without prejudice to any 26 claim that such material is “Confidential.” In the event that such production occurs, counsel for the 27 producing Party shall re-designate the document as “Confidential,” which shall thereafter apply to 28 such document, material, or information subject to the terms of this Protective Order. Counsel for 3 Case 3:19-cv-00649-RCJ-CLB Document 46 Filed 01/09/23 Page 4 of 10 1 the producing Party will also re-produce the documents with the appropriate confidentiality 2 designation. The provisions of Fed. R. Civ. P. 26(b)(5)(B) and Fed. R. Evid. 502(b) shall govern 3 any claim that privileged information was inadvertently produced. 4 5. Each Party understands that treatment of documents and information as 5 “Confidential” requires additional procedures (as specified in this Protective Order) and litigation 6 therefore can be more burdensome to the extent that such designations are used. Each Party therefore 7 expressly agrees that these designations will be used only when there is a good faith belief that they 8 are warranted. A Party receiving documents, material, or information designated as “Confidential” 9 may object to and request the removal of such designation, initially by making a good faith effort to 10 resolve any such objection by contacting the designating Party, and thereafter by court intervention. 11 Each Party agrees that it will promptly meet and confer in good faith about the removal of a 12 confidentiality designation from a particular document or documents when another party gives 13 notice of its belief that the designation was not appropriate with respect to the document(s) specified. 14 While any application, motion, or other such filing pertaining to the appropriateness of a 15 confidentiality designation is pending before the Court, the documents, material, information or 16 testimony in question shall be treated as “Confidential” pursuant to this Protective Order. 17 6. Documents, material or information designated as “Confidential” (and any 18 information derived therefrom) may be disclosed or made available by the receiving Party only to 19 the following: 20 (a) The Court (including the Court’s administrative and clerical staff) in written 21 submissions or at any oral hearing in the Action (in the manner provided by paragraph 8 22 of this Protective Order); 23 (b) 24 and secretarial staff employed by such attorneys who are actively involved in the Action 25 and are not employees of any Party; 26 (c) 27 secretarial staff employed by such counsel; Attorneys of record in the Action and their affiliated attorneys, paralegals, clerical In-house counsel to the undersigned Parties and the paralegal, clerical and 28 4 Case 3:19-cv-00649-RCJ-CLB Document 46 Filed 01/09/23 Page 5 of 10 1 (d) Those officers, directors, partners, members, employees and agents of the 2 undersigned Parties that counsel for such Parties deems necessary to aid counsel in the 3 prosecution and/or defense of this Action; provided, however, that each officer, director, 4 partner, member, employee or agent given access to documents, material or information 5 designated as “Confidential” shall be advised that such documents, material or information 6 are being disclosed pursuant to, and are subject to, the terms of this Protective Order and 7 that they may not be disclosed other than pursuant to its terms; 8 (e) Court reporters transcribing depositions in the Action; 9 (f) Any deposition, trial or hearing witness in the Action who previously has had access 10 to the documents, material or information, or who is currently an officer, director, partner, 11 member, employee or agent of an entity that has had access to the documents, materials or 12 information; 13 (g) 14 undersigned parties or their counsel in connection with the Action, retained to testify at trial 15 or any oral hearing; provided, however, that prior to the disclosure of documents, material 16 or information designated as “Confidential” to any such expert, advisor, and/or translator, 17 counsel for the Party making the disclosure shall deliver a copy of this Protective Order to 18 such person, shall explain its terms to such person, and shall secure the signature of such 19 person on a statement in the form attached hereto as Exhibit “A.” It shall be the obligation 20 of counsel, upon learning of any breach or threatened breach of this Protective Order by 21 any such expert, advisor, and/or translator, promptly to notify counsel for the designating 22 Party of such breach or threatened breach; 23 (h) 24 preparing for pretrial discovery, trial, and/or hearings including, but not limited to, litigation 25 support personnel, jury consultants, individuals to prepare demonstrative and audiovisual 26 aids for use in the courtroom or in depositions or mock jury sessions, as well as their staff, 27 stenographic, and clerical employees whose duties and responsibilities require access to 28 such materials; provided, however, that prior to the disclosure of documents, material or Outside experts, advisors, consultants and/or translators consulted by the Vendors retained by or for the undersigned parties or their counsel to assist in 5 Case 3:19-cv-00649-RCJ-CLB Document 46 Filed 01/09/23 Page 6 of 10 1 information designated as “Confidential” to any such person, counsel for the Party making 2 the disclosure shall deliver a copy of this Protective Order to such person, shall explain its 3 terms to such person, and shall secure the signature of such person on a statement in the 4 form attached hereto as Exhibit “A”; 5 (i) 6 to a valid subpoena, or other compulsory order from an administrative agency or regulatory 7 body with appropriate jurisdiction provided that: Governmental law enforcement agencies and other governmental bodies pursuant (i) 8 the subpoenaed Party give counsel for the designating Party written 9 notice of such subpoena within the earlier of (a) five (5) business days after service 10 of the subpoena, and (b) five (5) business days prior to any production of documents, 11 material or information in response thereto (unless less time is provided to respond 12 to such subpoena, in which case the subpoenaed Party will provide notice to the 13 designating Party as promptly as is reasonably practicable to allow the producing 14 Party to object to the subpoena before the time for compliance); and (ii) 15 at or before the time of production the designating Party may seek to 16 obtain confidential treatment of such “Confidential” subpoenaed documents, 17 material or information from the relevant governmental law enforcement agency, 18 governmental or regulatory body or administrative agency to the fullest extent 19 available under law; and 20 (j) Any other person that the undersigned Parties agree to in writing; provided, 21 however, that prior to the disclosure of documents, material or information designated as 22 “Confidential” to any such person, counsel for the party making the disclosure shall deliver 23 a copy of this Protective Order to such person, shall explain its terms to such person, and 24 shall secure the signature of such person on a statement in the form attached hereto as 25 Exhibit “A”. 26 7. Documents, material or information designated as “Confidential” shall be used by 27 the persons receiving them only for the purposes of preparing for, conducting, participating in the 28 conduct of, and/or prosecuting and/or defending the Action, and not for any other purpose 6 Case 3:19-cv-00649-RCJ-CLB Document 46 Filed 01/09/23 Page 7 of 10 1 whatsoever, including without limitation, any business purpose, or for the use in any other action 2 or proceeding, regardless of whether it involves a Party to this Action or not. 8. 3 Nothing herein shall impose any restrictions on the use or disclosure by any party 4 or witness of documents, material or information known or obtained by such party or witness, by 5 legitimate means, independently of the discovery obtained in the Action, whether or not such 6 documents, material or information may additionally have been obtained through discovery in the 7 Action. 8 9. If documents, material or information designated as “Confidential” are to be 9 included in any papers to be filed with any court or are to be otherwise used before any court, such 10 papers shall be accompanied by an application to file the papers, or the confidential portion thereof, 11 under seal. The application shall be directed to the judge to whom the papers are directed. Pending 12 the ruling on the application, the papers or portions thereof subject to the sealing application shall 13 be lodged under seal. The Parties shall comply with Local Rule IA 10-5, and the requirements of 14 the Ninth Circuit concerning the sealing of court records. See Kamakana v. City and County of 15 Honolulu, 447 F.3d 1172 (9th Cir. 2006); Center for Auto Safety v. Chrysler Group, LLC, 809 F.3d 16 1092, 1097 (9th Cir. 2016). 17 10. Any party to the Action (or other person subject to the terms of this Protective 18 Order) may ask the Court, after appropriate notice to the other parties to the Action, to modify or 19 grant relief from any provision of this Protective Order. 20 21 11. Entering into, agreeing to, and/or complying with the terms of this Protective Order shall not: 22 (a) 23 information contain or reflect trade secrets, proprietary, confidential or competitively 24 sensitive business, commercial, financial or personal information; or 25 (b) 26 of this Protective Order) at any time: operate as an admission by any person that any particular documents, material or prejudice in any way the right of any party (or any other person subject to the terms 27 28 7 Case 3:19-cv-00649-RCJ-CLB Document 46 Filed 01/09/23 Page 8 of 10 (i) 1 to seek a determination by the Court of whether any particular 2 document, material or information should be subject to protection as a 3 “Confidential” document under the terms of this Protective Order; or (ii) 4 to seek relief from the Court on appropriate notice to all other parties 5 to the Action from any provision(s) of this Protective Order, either generally or as 6 to any particular document, material or information. 7 12. Upon the termination of the Action (including all appeals), the undersigned Parties 8 shall either: (a) promptly return to counsel for each designating party all documents, material or 9 information designated by that party as “Confidential” and all copies thereof (except that counsel 10 for each party may maintain in its files one copy of each pleading filed with any court and one copy 11 of each deposition together with the exhibits marked at the deposition), (b) delete/destroy all such 12 documents, material or information; and/or (c) sequester any “Confidential” documents by 13 blocking general access to confidential materials. Also, upon request, counsel for the designating 14 party shall be given copies of each statement in the form attached hereto as Exhibit “A” that was 15 signed pursuant to this Protective Order. 16 13. This Protective Order shall survive the termination of this action, to the extent that 17 the information contained in “Confidential” documents, material or information is not or does not 18 become known to the public, and the Court shall retain jurisdiction over this Protective Order while 19 the case is pending and its jurisdiction will cease upon dismissal of the case. 20 14. Any Party to the Action who has not subscribed to this Protective Order as of the 21 time it is presented to the Court for signature may thereafter become a party to this Protective Order 22 by its counsel’s signing and dating a copy thereof and filing the same with the Court, and serving 23 copies of such signed and dated copy upon the other parties to this Protective Order. 24 15. Any documents, material or information that may be produced by a non-party 25 witness in discovery in the Action pursuant to subpoena or otherwise may be designated by such 26 non-party as “Confidential” under the terms of this Protective Order, and any such designation by 27 a non-party shall have the same force and effect, and create the same duties and obligations, as if 28 made by one of the undersigned parties hereto. Any such designation shall also function as a 8 Case 3:19-cv-00649-RCJ-CLB Document 46 Filed 01/09/23 Page 9 of 10 1 consent by such producing Party to the authority of the Court in the Action to resolve and 2 conclusively determine any motion or other application made by any person or party with respect 3 to such designation, or any other matter otherwise arising under this Protective Order. 4 16. The parties and all signatories to the Certification attached hereto as Exhibit “A” 5 agree to be bound by this Protective Order pending its approval and entry by the Court. In the 6 event that the Court modifies this Protective Order, or in the event that the Court enters a different 7 Protective Order, the parties agree to be bound by this Protective Order until such time as the 8 Court may enter such a different Order. It is the Parties’ intent to be bound by the terms of this 9 Protective Order pending its entry so as to allow for immediate production of Confidential 10 11 12 information under the terms herein. Dated: January 9, 2023 WRIGHT, FINLAY & ZAK By: 13 14 15 16 Dated: January 9, 2023 /s/-Lindsay D. Dragon LINDSAY D. DRAGON Attorneys for Plaintiff DEUTSCHE BANK NATIONAL TRUST COMPANY SINCLAIR BRAUN LLP 17 By: 18 19 20 21 22 23 24 25 /s/-Kevin S. Sinclair KEVIN S. SINCLAIR Attorneys for Defendants CHICAGO TITLE INSURANCE COMPANY and TICOR TITLE INSURANCE COMPANY IT IS SO ORDERED. January 9th day of _____________, Dated this _____ 2023. _______________________________________ THE HON. CARLA BALDWIN UNITED STATES MAGISTRATE JUDGE 26 27 28 9 Case 3:19-cv-00649-RCJ-CLB Document 46 Filed 01/09/23 Page 10 of 10 1 EXHIBIT “A” 2 ACKNOWLEDGMENT FORM – PROTECTIVE ORDER 3 I, ________________, hereby acknowledge that (i) I have read the Protective Order entered 4 in the action presently pending in the United States District Court for the District of Nevada entitled 5 Deutsche Bank National Trust Company v. Chicago Title Insurance Company, et al., Case Number 6 3:19-CV-00649-RCJ-CLB (the “Action”); (ii) I understand the terms of the Protective Order; and 7 (iii) I agree to be bound by its terms. 8 I will not divulge to persons other than those specifically authorized by this Protective 9 Order, and I will not copy or use, except solely for the purposes of this Action, any documents or 10 information obtained pursuant to this Protective Order, except as provided therein or otherwise 11 ordered by the Court. 12 I further understand that I am to retain all copies of all documents or any information 13 designated “Confidential” provided to me in this Action in a secure manner, and that all copies of 14 such documents are to remain in my personal custody until termination of my participation in this 15 Action, whereupon the copies of such documents will be returned to counsel who provided me with 16 such material. 17 I consent to the jurisdiction of the United States District Court for the District of Nevada 18 for the purpose of enforcing said Protective Order, enjoining any anticipated violation of the Order, 19 or seeking damages for the breach of said Order. 20 21 22 23 I declare under penalty of perjury under the laws of the state of Nevada and the United States of America that the foregoing is true and correct. Executed this ____ day of ________, 20__, at ___________, ___________. DATE: ________________________________ ________________________________ Signature 24 25 Title 26 27 28 10
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