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)

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: [phone]
Fax: [phone]
6 Email: [e-mail]
7
[e-mail]
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.
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In order to protect the confidentiality of confidential information obtained by the parties in
connection with this case, the parties hereby agree as follows:

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Case 2:14-cv-00386-MMD-VCF Document 36 Filed 09/23/14 Page 2 of 7

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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
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or non-party considers in good faith to contain information involving trade secrets, or confidential

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business or financial information, subject to protection under the Federal Rules of Civil Procedure
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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.
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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

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a party or non-party may designate in writing, within twenty (20) days after receipt of said

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14 responses or of the deposition transcript for which the designation is proposed, that specific pages

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the deposition and requesting the preparation of a separate transcript of such material. Additionally

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of the transcript and/or specific responses be treated as "confidential" information. Any other party

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may object to such proposal, in writing or on the record. Upon such objection, the parties shall

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~ 1 7 follow the procedures described in paragraph 8 below. After any designation made according to
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the procedure set forth in this paragraph, the designated documents or information shall be treated

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according to the designation until the matter is resolved according to the procedures described in
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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
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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.

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Case 2:14-cv-00386-MMD-VCF Document 36 Filed 09/23/14 Page 3 of 7

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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
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any person other than:

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(a)

counsel for the respective parties to this litigation, including in-house counsel and

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co-counsel retained for this litigation;

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(b)

employees of such counsel;

(c)

individual defendants, class representatives, any officer or employee of a party, to

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the extent deemed necessary by Counsel for the prosecution or defense of this

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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

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expert employed by a corporate defendant or one of its competitors, the party shall

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notify the opposing party, or designating nonparty, before disclosing any

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Confidential Information to that individual and shall give the opposing party an

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0ppOliunity to move for a protective order preventing or limiting such disclosure;

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(e)

any authors or recipients of the Confidential Information;

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(f)

the COUli, COUli personnel, and cOUli reporters; and

(g)

witnesses (other than persons described in paragraph 4(e)). A witness shall sign the

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Certification before

being

shown

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Page 3 of7

a

confidential

document.

Confidential

Case 2:14-cv-00386-MMD-VCF Document 36 Filed 09/23/14 Page 4 of 7

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Information may be disclosed to a witness who will not sign the Certification only

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in a deposition at which the party who designated the Confidential Information is

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represented or has been given notice that Confidential Information shall be

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designated "Confidential" pursuant to paragraph 2 above. Witnesses shown

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Confidential Information shall not be allowed to retain copies.
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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.
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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).

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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

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numbers or other identification within thirty (30) days after receiving such documents or discovery
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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
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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.

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The party or non-party who designated the material shall have twenty-five (25) days from the
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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
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confidential. The party or non-party seeking the order has the burden of establishing that the
document is entitled to protection.

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9.

Notwithstanding any challenge to the designation of material as Confidential

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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:

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(a)

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withdraws such designation in writing; or
(b)

the party or non-party who claims that the material is Confidential Information fails

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Confidential Information

to apply to the Court for an order designating the material confidential within the

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the party or non-party claims that the material

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(c)

the Court rules the material is not confidential.

10.

All provisions of this Order restricting the communication or use of Confidential

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or

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time period specified above after receipt of a written challenge to such designation;

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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

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Information, other than that which is contained in pleadings, correspondence, and deposition
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transcripts, shall either (a) return such documents no later than thirty (30) days after conclusion of

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this action to counsel for the party or non-party who provided such information, or (b) destroy

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such documents within the time period upon consent of the party who provided the information

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and certify in writing within thirty (30) days that the documents have been destroyed.

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11.

The terms of this Order do not preclude, limit, restrict, or otherwise apply to the

use of documents at trial.

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Case 2:14-cv-00386-MMD-VCF Document 36 Filed 09/23/14 Page 6 of 7

12.

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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
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protected by privilege or work product protection.

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13.

Any witness or. other person, firm or entity from which discovery is sought may be

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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.
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DATED: September _ _ , 2014

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DATED: September _ _ , 2014

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SMITH LARSEN & WIXOM

10
/s/ William D. McCann

William D. McCann, Esq. (NBN 596)
2589 Wildhorse Dr., #6
Minden, NV 89423
Attorney for Plaintiff
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DATED: September _ _ ,2014

WRIGHT, FINLAY & ZAK, LLP
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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

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IT IS SO ORDERED:

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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

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EXHIBIT"A"

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CERTIFICATION

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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

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of Frank Arant v. JPMorgan Chase Bank, NA., et al., Civil No. 3: 14-cv-00386-MMD-VCF. I
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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
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such Confidential Information - including copies, notes, or other transcriptions made therefrom -

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in a secure manner to prevent unauthorized access to it. No later than thirty (30) days after the

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conclusion of this action, I will return the Confidential Information -- including copies, notes or

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other transcriptions made therefrom - to the counsel who provided me with the Confidential

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Information. I hereby consent to the jurisdiction of the United States District Court for the purpose

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of enforcing the Protective Order.

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DATED: - - - - - - - - -

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