Arant v. JPMortgan Chase Bank, N.A. et al

Filing 38

STIPULATED PROTECTIVE ORDER. Signed by Magistrate Judge Cam Ferenbach on 9/23/14. (Copies have been distributed pursuant to the NEF - MMM)

Download PDF
Case 2:14-cv-00386-MMD-VCF Document 36 Filed 09/23/14 Page 1 of 7 1 Kent F. Larsen, Esq. Nevada Bar No. 3463 2 Paul M. Haire, Esq. Nevada Bar No. 5656 3 SMITH LARSEN & WIXOM 4 1935 Village Center Circle Las Vegas, Nevada 89134 5 Tel: (702) 252-5002 Fax: (702) 252-5006 6 Email: 7 Attomeys for Defendants JPMorgan 8 Chase Bank, N.A. and JPMorgan Chase Banlc, N.A as successor by merger 9 with Chase Home Finance LLC, EMC Mortgage, LLC, formerly known as EMC 1 0 Mortgage Corporation and JPMorgan 11 Chase Bank, N.A., transferee of servicing from EMC Mortgage LLC f/k/a EMC Mortgage Corporation UNITED STATES DISTRICT COURT DISTRICT OF NEVADA FRANK ARANT, Case No.: 2 :14-cv-00386-MMD-VCF Plaintiff, 18 v. 19 JPMORGAN CHASE BANK, N.A; CHASE STIPULATED PROTECTIVE ORDER HOME FINANCE LLC; EXPRESS CAPITAL 20 LENDING, INC.; EMC MORTGAGE LLC; NATIONAL DEFAULT SERVICING 21 CORPORATION; SELECT PORTFOLIO 22 SERVICING, INC.; BLACK AND WHITE CORPORATIONS DOES 1-10, 23 Defendants. 24 25 26 In order to protect the confidentiality of confidential information obtained by the parties in connection with this case, the parties hereby agree as follows: 27 28 Page 1 of7 Case 2:14-cv-00386-MMD-VCF Document 36 Filed 09/23/14 Page 2 of 7 1 1. Any party or non-party may designate as "confidential" (by stamping the relevant 2 page or other otherwise set forth herein) any document or response to discovery which that paliy 3 or non-party considers in good faith to contain information involving trade secrets, or confidential 4 business or financial information, subject to protection under the Federal Rules of Civil Procedure 5 6 7 or Nevada law ("Confidential Information"). Where a document or response consists of more than one page, the first page and each page on which confidential information appears shall be so 8 designated. 9 2. A party or non-party may designate information disclosed during a deposition or in 10 response to written discovery as "confidential" by so indicating in said response or on the record at 11 ;g rn P-i ~;j o ~ ~();;;:g13 gs a party or non-party may designate in writing, within twenty (20) days after receipt of said ~;;:;,.-., C)ro~ ~ gj ~ t: z w~ ~ ~ I"< 14 responses or of the deposition transcript for which the designation is proposed, that specific pages ::0 >il >il P< "" >'1 () Z • o the deposition and requesting the preparation of a separate transcript of such material. Additionally 12 gj i:§ uS§; 15 ~ < 2§ "? of the transcript and/or specific responses be treated as "confidential" information. Any other party ~t3jg:~ E-< ::'l ~ ~ ~ 16 ~:::3g;H~ ~ '"" may object to such proposal, in writing or on the record. Upon such objection, the parties shall ..:1 ~ 1 7 follow the procedures described in paragraph 8 below. After any designation made according to 18 the procedure set forth in this paragraph, the designated documents or information shall be treated 19 according to the designation until the matter is resolved according to the procedures described in 20 21 paragraph 8 below, and counsel for all parties shall be responsible for making all previously 22 unmarked copies of the designated material in their possession or control with the specified 23 24 25 26 designation. 3. All information produced or exchanged in the course of this case (other than information that is publicly available) shall be used by the patiy or parties to whom the information is produced solely for the purpose of this case. 27 28 Page 2 of7 Case 2:14-cv-00386-MMD-VCF Document 36 Filed 09/23/14 Page 3 of 7 1 4. Except with the prior written consent of other parties, or upon prior order of this 2 Court obtained upon notice to opposing counsel, Confidential Information shall not be disclosed to 3 any person other than: 4 (a) counsel for the respective parties to this litigation, including in-house counsel and 5 co-counsel retained for this litigation; 6 7 8 (b) employees of such counsel; (c) individual defendants, class representatives, any officer or employee of a party, to 9 the extent deemed necessary by Counsel for the prosecution or defense of this 10 litigation; (d) consultants or expert witnesses retained for the prosecution or defense of this litigation, provided that each such person shall execute a copy of the Certification annexed to this Order as Exhibit "A" (which shall be retained by counsel to the pmiy so disclosing the Confidential Information and made available for inspection by opposing counsel during the pendency or after the termination of the action only upon good cause shown and upon order of the Court) before being shown or given any Confidential Information and provided that if the party chooses a consultant or 19 expert employed by a corporate defendant or one of its competitors, the party shall 20 notify the opposing party, or designating nonparty, before disclosing any 21 Confidential Information to that individual and shall give the opposing party an 22 0ppOliunity to move for a protective order preventing or limiting such disclosure; 23 24 (e) any authors or recipients of the Confidential Information; 25 (f) the COUli, COUli personnel, and cOUli reporters; and (g) witnesses (other than persons described in paragraph 4(e)). A witness shall sign the 26 27 Certification before being shown 28 Page 3 of7 a confidential document. Confidential Case 2:14-cv-00386-MMD-VCF Document 36 Filed 09/23/14 Page 4 of 7 1 Information may be disclosed to a witness who will not sign the Certification only 2 in a deposition at which the party who designated the Confidential Information is 3 represented or has been given notice that Confidential Information shall be 4 designated "Confidential" pursuant to paragraph 2 above. Witnesses shown 5 Confidential Information shall not be allowed to retain copies. 6 7 5. Any persons receiving Confidential Information shall not reveal or discuss such 8 information to or with any person who is not entitled to receive such information, except as set 9 forth herein. 10 11 6. Unless otherwise permitted by statute, rule or prior court order, papers filed with the cOUli under seal shall be accompanied by a contemporaneous motion for leave to file those documents under seal, and shall be filed consistent with the court's electronic filing procedures in accordance with Local Rule 10-5(b). Notwithstanding any agreement among the parties, the party seeking to file a paper under seal bears the burden of overcoming the presumption in favor of public access to papers filed in court. Kamakana v. City and County of Honolulu, 447 F.2d 1172 (9th Cir. 2006). 18 19 7. A party may designate as "confidential" documents or discovery materials produced by a non-patiy by providing written notice to all parties of the relevant document 20 numbers or other identification within thirty (30) days after receiving such documents or discovery 21 22 materials. Any party or non-party may voluntarily disclose to others without restriction any 23 information designated by that party or non-party as confidential, although a document may lose 24 25 26 its confidential status if it is made public. 8. If a party contends that any material is not entitled to confidential treatment, such party may at any time give written notice to the party or non-party who designated the material. 27 The party or non-party who designated the material shall have twenty-five (25) days from the 28 Page 4 of7 Case 2:14-cv-00386-MMD-VCF Document 36 Filed 09/23/14 Page 5 of 7 1 receipt of such written notice to apply to the Court for an order designating the material as 2 3 confidential. The party or non-party seeking the order has the burden of establishing that the document is entitled to protection. 4 9. Notwithstanding any challenge to the designation of material as Confidential 5 6 Information, all documents shall be treated as such and shall be subject to the provisions hereof 7 unless and until one of the following occurs: 8 (a) 9 10 ~ ~ :§ ~ E--l I--f ~ en withdraws such designation in writing; or (b) the party or non-party who claims that the material is Confidential Information fails ;g 12 0 I--f w. Confidential Information to apply to the Court for an order designating the material confidential within the :x: ~ Z IS 11 ~ 0 ~ the party or non-party claims that the material U) P': ~ ~ ~ 13 ~ ~ 0 ~ g «: !::: I"> "" p; z "" iOI z:nE-<~~ '" ;:0 0:1 z"" ~ r:l z· ~ «: 2§ ~ ~ iII (c) the Court rules the material is not confidential. 10. All provisions of this Order restricting the communication or use of Confidential "I H ri:1 G'1 () .:1:> '" E-<U)i>'U)~16 H l.Q <r: C"l ~ H or 14 o&'l~uSgI5 8 time period specified above after receipt of a written challenge to such designation; "I G'1 :0<:"" p:: ~ '" O":J ~ H;:2 ~ rj 17 E-< 18 Information shall continue to be binding after the conclusion of this action, unless otherwise agreed or ordered. Upon conclusion of the litigation, a party in the possession of Confidential 19 Information, other than that which is contained in pleadings, correspondence, and deposition 20 21 transcripts, shall either (a) return such documents no later than thirty (30) days after conclusion of 22 this action to counsel for the party or non-party who provided such information, or (b) destroy 23 such documents within the time period upon consent of the party who provided the information 24 and certify in writing within thirty (30) days that the documents have been destroyed. 25 26 11. The terms of this Order do not preclude, limit, restrict, or otherwise apply to the use of documents at trial. 27 28 Page 5 of7 Case 2:14-cv-00386-MMD-VCF Document 36 Filed 09/23/14 Page 6 of 7 12. 1 Nothing herein shall be deemed to waive any applicable privilege or work product 2 protection, or to affect the ability of a party to seek relief for an inadvertent disclosure of material 3 protected by privilege or work product protection. 4 13. Any witness or. other person, firm or entity from which discovery is sought may be 5 6 7 8 informed of and may obtain the protection of this Order by written advice to the parties' respective counselor by oral advice at the time of any deposition or similar proceeding. 23 DATED: September _ _ , 2014 23 DATED: September _ _ , 2014 9 SMITH LARSEN & WIXOM 10 /s/ William D. McCann William D. McCann, Esq. (NBN 596) 2589 Wildhorse Dr., #6 Minden, NV 89423 Attorney for Plaintiff 23 DATED: September _ _ ,2014 WRIGHT, FINLAY & ZAK, LLP 18 19 20 21 22 By: /s/ Chelsea A. Crowton Chelsea A. Crowton, Esq. Nevada Bar No. 11547 5532 S. Fort Apache Rd., Suite 110 Las Vegas, NV 89148 Attorneys for Select Portfolio Servicing, Inc. and National Default Servicing Corporation By: _ /s/ Paul M. Haire_ _ _ _ __ _____ Kent F. Larsen, Esq. (NBN 3463) Paul M. Haire, Esq. (NBN 5656) Joseph T. Prete (NBN 9654) 1935 Village Center Circle Las Vegas, Nevada 89134 Attorneys for Defendants JPMorgan Chase Bank, N.A. and JPMorgan Chase Banlc, N.A as successor by merger with Chase Horne Finance LLC, EMC Mortgage, LLC, formerly known as EMC Mortgage Corporation and JPMorgan Chase Banlc, N.A., transferee of servicing from EMC Mortgage LLC f/k/a EMC Mortgage Corporation 23 24 IT IS SO ORDERED: 25 26 27 28 UNITED STATES MAGISTRATE mDGE 9-23-2014 DATED: - - - - - - - - Page 6 of7 Case 2:14-cv-00386-MMD-VCF Document 36 Filed 09/23/14 Page 7 of 7 1 EXHIBIT"A" 2 CERTIFICATION 3 4 I hereby certify my understanding that Confidential Information is being provided to me pursuant to the terms and restrictions of the Protective Order dated _ _ _ _ _ _ _, in the case 5 of Frank Arant v. JPMorgan Chase Bank, NA., et al., Civil No. 3: 14-cv-00386-MMD-VCF. I 6 7 have been given a copy of that Order and read it. I agree to be bound by the Order. I will not 8 reveal the Confidential Information to anyone, except as allowed by the Order. I will maintain all 9 such Confidential Information - including copies, notes, or other transcriptions made therefrom - 10 in a secure manner to prevent unauthorized access to it. No later than thirty (30) days after the 11 ;g conclusion of this action, I will return the Confidential Information -- including copies, notes or 12 ~ P': G~ ~ 13 ~ ~ ____ other transcriptions made therefrom - to the counsel who provided me with the Confidential "" ~ :;j ~ t; 14 z tij E-< S;:;;J P Z r>q"" ~ P1 2;l Z • o :;j ~ 00' g 15 Information. I hereby consent to the jurisdiction of the United States District Court for the purpose U2 ?-I i:l r>q ~ ()oog ~ ~(J,? ~ 2:3 j g: fci ([j :; ([j;:; 16 ~~~j~ >'1 of enforcing the Protective Order. E-< ~,.., ~ DATED: - - - - - - - - - 17 18 19 20 21 22 23 24 25 26 27 28 Page 7 of7

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?