Momeyer v. Bank of America, N.A.

Filing 33

Stipulated PROTECTIVE ORDER re 32 Stipulation filed by Bank of America, N.A.. Signed by Magistrate Judge George Foley, Jr on 6/26/15. (Copies have been distributed pursuant to the NEF - TR)

Case 2:14-cv-01608-GMN-GWF Document 32 Filed 06/25/15 Page 1 of 7

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ANNALISA N. GRANT, ESQ.
Nevada Bar No. 11807
CHIU & FERRIS
7455 Arroyo Crossing Parkway, Suite 300
Las Vegas, Nevada 89113
Phone: [phone]
Fax: [phone]
[e-mail]

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Attorney for Defendant
Bank of America, N.A.

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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Chiu & Ferris

7455 Arroyo Crossing Parkway, Suite 300
Las Vegas, Nevada 89113
Telephone No. [phone]
Facsimile No. [phone]

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BARBARA MOMEYER,

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Plaintiff,

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vs.

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BANK OF AMERICA, N.A., a national
banking association; JOHN DOE I; and
DOES I through X, and ROE BUSINESS
ENTITIIES I through X, inclusive,

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Defendants.

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***
) CASE NO.: 2:14-cv-01608-GMN-GWF
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) STIPULATED PROTECTIVE ORDER
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WHEREAS, Plaintiff BARBARA MOMEYER (“Plaintiff”) has brought this action

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against Defendant BANK OF AMERICA, N.A. (“Defendant”) alleging personal injuries;

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and;

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WHEREAS, the parties agree that a protective order would facilitate production

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and receipt of information sought in the course of this litigation pursuant to pretrial

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discovery requests to protect the privacy interests of non-parties to this litigation, trade

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secrets, and/or commercial and financial information which may be contained in those

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records;
IT IS HEREBY STIPULATED AND AGREED, by and between Plaintiff and

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Defendant, through their undersigned counsel, as follows:

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...

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Case 2:14-cv-01608-GMN-GWF Document 32 Filed 06/25/15 Page 2 of 7

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A.

INFORMATION SUBJECT TO THIS STIPULATION

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All "Confident ial Information" produced or exchanged in the course of this litigation

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pursuant to pretrial discovery requests shall be deemed confidential and proprietary information

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which shall be used solely for the purpose of this litigation. Any information designated as

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Confidential Information shall not be revealed, disclosed, or made available for inspection and

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copying to any person, except for "Qualified Persons" as defined herein, without express written

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consent of the producing party or except as required to be disclosed by law or Court order. The

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"producing party" as used herein means any party who produced Confidential Information.

Chiu & Ferris

"Confidential Information" as used herein includes any type or classification of

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7455 Arroyo Crossing Parkway, Suite 300
Las Vegas, Nevada 89113
Telephone No. [phone]
Facsimile No. [phone]

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information which is designated as confidential by the producing party, whether it be a

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document, information contained in a document, information revealed in an interrogatory,

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interrogatory answer, transcript or otherwise.

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With respect to the Confidential portion of any Disclosure Material other than deposition

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transcripts and exhibits, the Producing Party or that party's counsel may so designate such

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portions by stamping or otherwise clearly marking as "Confidential" the protected portion in a

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manner that will not interfere with legibility or audibility.

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Any information designated as set forth in Paragraphs 1 through 4 hereof shall be

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handled by the receiving party in accordance with this Stipulation. The designation of

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information under Paragraphs 1 through 3 shall not be construed as a concession by a producing

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party that such information is relevant or material to any issue or is otherwise discoverable or by

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a receiving party that such information is, in fact, a trade secret or confidential research,

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development or commercial information.

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B.

PERSONS AUTHORIZED TO RECEIVE "CONFIDENTIAL INFORMATION"

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For the purposes of this Order, "Qualified Person" includes: A party, or any officers,

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employees, or principals of the Parties who are assisting counsel in the prosecution or defense

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of this Action; The Court, persons employed by the Court and stenographers transcribing the

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Case 2:14-cv-01608-GMN-GWF Document 32 Filed 06/25/15 Page 3 of 7

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testimony or argument at a hearing, trial, or deposition in this action; Counsel for the Parties,

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including any paralegal, clerical and other assistants employed by such counsel and assigned to

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this matter; Any other person who is designated as a "Qualified Person" by Stipulation of the

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parties or by Order of this Court, after notice to all parties upon a showing of good cause why

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such person shall be so designated and opposing parties have had an opportunity to be heard in

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opposition thereto. All such persons designated by the Court or by Stipulation shall sign an

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affidavit undertaking to maintain the confidentiality of the information.

of the document as having received a copy; Any potential witness formerly employed by the

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Chiu & Ferris

As to any document, its author, its addressee, and any other person indicated on the face

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7455 Arroyo Crossing Parkway, Suite 300
Las Vegas, Nevada 89113
Telephone No. [phone]
Facsimile No. [phone]

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Parties whom counsel for a party in good faith believes may be called to testify at trial or

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deposition in the Action; Any person retained by a Party to serve as a testifying or consulting

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expert in connection with the Action, provided such person has first signed an affidavit

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undertaking to maintain the confidentiality of the information; Any

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deponent's deposition, provided the examining party makes a good faith effort to obtain the

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deponent's agreement to abide by this Stipulation; and Such other persons as the parties may

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agree in writing.

deponent

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such

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If any Party (a) is subpoenaed in another action, or (b) is served with a demand in

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another action to which it is a party, or (c) is served with any legal process by one not a party to

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this Action, seeking material that has been designated as Confidential by someone other than

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that party, then the Party receiving the subpoena, demand, or other legal process shall give

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written notice of such subpoena, request, or demand, by hand or facsimile transmission, within

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three (3) business days, to counsel for the Producing Party and shall object to the production of

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the Confidential material to the extent permitted by law. Should the person seeking access to the

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Confidential material take action against the party or anyone else covered by this Order to

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enforce such a subpoena, demand or other legal process, the party shall respond by setting forth

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the existence of this Order. Nothing herein shall be construed as requiring the party or anyone

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Case 2:14-cv-01608-GMN-GWF Document 32 Filed 06/25/15 Page 4 of 7

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else covered by this Order to challenge or appeal any order requiring production of Confidential

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material, or to subject itself to any penalties for noncompliance with any legal process or order,

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or to seek any relief from the Court.

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Prior to any disclosure of any Confidential material to any person referred to in

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subparagraphs 5(f), 5(g), or 5(h), such person shall be provided by counsel with a copy of this

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Stipulation and shall sign a Non-Disclosure Affidavit stating that that person has read this

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Stipulation and agreed to be bound by its terms. Said counsel shall retain the original of each

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signed Non-Disclosure Affidavit, and produce them to opposing counsel, upon his or her

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request, prior to any such person being permitted to testify (as deposition or trial).

Chiu & Ferris

7455 Arroyo Crossing Parkway, Suite 300
Las Vegas, Nevada 89113
Telephone No. [phone]
Facsimile No. [phone]

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C.

LIMITATIONS ON THE USE OF "CONFIDENTIAL INFORMATION"

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Persons subject to this Stipulation may not disclose Confidential Information except as

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expressly permitted hereunder and shall not use Confidential Information for any purposes other

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than for the prosecution or defense of this litigation.

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Nothing in this Stipulation shall prohibit the transmission or communication of

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Confidential Information between or among Qualified Persons by hand delivery, face to face

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conference; or in sealed envelopes or containers via the mails or an established freight, delivery

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or messenger service; or by telephone, telegram, facsimile, email, or other electronic

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transmission system, if, under the circumstances there is no reasonable likelihood that the

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transmission will be intercepted or misused by any person who is not a qualified recipient.

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Confidential Information shall not be copied or otherwise produced by a receiving party,

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except for transmission to Qualified Persons, without the written permission of the producing

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party, or in the alternative, by further order of the Court. Nothing herein shall, however, restrict

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a Qualified Person from making working copies, abstracts, digests and analyses of Confidential

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Information for use in connection with this action and such working copies, abstracts, digests

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and analyses shall have the designated status of the source documents for purposes of this

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stipulation.

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...

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Case 2:14-cv-01608-GMN-GWF Document 32 Filed 06/25/15 Page 5 of 7

rendering advice to his client with respect to this action, and in the course thereof, from

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generally referring or relying upon his examination of documents which have been produced

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hereunder and which contain Confidential Information. The restrictions set forth in any of the

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preceding paragraphs hereof shall not apply to: any information which at the time of the

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disclosure to a receiving party is in the public domain; any information which after disclosure to

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a receiving party becomes part of the public domain as a result of publication not involving a

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violation of this Order; any information which a receiving party can show was received by it

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from a source who obtained the information lawfully and under no obligation of confidentiality

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Chiu & Ferris

Nothing herein shall bar or otherwise restrict an attorney who is a Qualified Person from

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7455 Arroyo Crossing Parkway, Suite 300
Las Vegas, Nevada 89113
Telephone No. [phone]
Facsimile No. [phone]

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to the producing party; or any information which a receiving party can show was independently

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developed by it after the time of disclosure.

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Nothing in this Order shall prevent a receiving party from contending that any or all

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Confidential Information is not confidential. Any receiving party may at any time request the

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producing party to cancel the Confidential Information designation with respect to any

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document, object and/or information and to agree that thereafter such document, object and/or

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information is to be no longer so classified for purposes of this stipulation. Such request shall be

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written, shall be served on counsel for the producing party and shall particularly identify the

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material that the receiving party contends is not confidential. The producing party shall respond

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to such request in writing within five (5) days after receipt thereof. If the producing party does

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not agree to cancel the Confidential Information designation with respect to the document,

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object and/or information, the receiving party may move for a further protective order from the

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Court. Nothing in this Stipulation shall preclude the receiving party from seeking reasonable

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costs and attorneys' fees incurred in connection with such motion in the event the producing

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party has not acted reasonably and in good faith, or otherwise. At a hearing with respect to such

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further protective order, the producing party shall have the burden of persuading the court that

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good cause exists for the designation of Confidential Material. This Stipulation shall be without

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Case 2:14-cv-01608-GMN-GWF Document 32 Filed 06/25/15 Page 6 of 7

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prejudice to the right of any party to oppose production of any information for lack of timeliness

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or relevance or any other ground other than the presence of Confidential Information.

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D.

MISCELLANEOUS PROVISIONS

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Any of the notice requirements herein may be waived, in whole or in part, but only by a

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writing signed by the attorney of record for the party against whom such waiver will be

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effective.

producing party all physical objects and documents which embody Confidential Information

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and which were received from the producing party, and shall destroy, in whatever form stored

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Chiu & Ferris

Upon final termination of this action, including all appeals, each party shall return to the

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7455 Arroyo Crossing Parkway, Suite 300
Las Vegas, Nevada 89113
Telephone No. [phone]
Facsimile No. [phone]

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or reproduced, all copies. A party may retain its work product, such as pleadings,

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correspondence and memoranda, which contain or refer to Confidential Information provided

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that all such Confidential Information shall remain subject to this Stipulation.

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This Stipulation is entered without prejudice to the right of any party to apply to the

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Court at any time for additional protection, or to relax or rescind the restrictions of this

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Stipulation when convenience or necessity requires.

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The parties also may amend or modify any provision of this Stipulation by mutual

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written agreement. Nothing shall prevent disclosure beyond the terms of this Stipulation if the

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party designating the information as Confidential Information consents to such disclosure, or if

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the Court, after notice to all affected parties, orders such disclosure.

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Nothing contained herein shall prevent any Producing Party from disclosing or using its

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own Confidential Information in any manner it chooses. The inadvertent or unintentional

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disclosure by the producing party of Confidential Information, regardless of whether the

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information was so designated at the time of disclosure, shall not be deemed a waiver in whole

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or in part of a party's claim of confidentiality, either as to the specific information disclosed or

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Case 2:14-cv-01608-GMN-GWF Document 32 Filed 06/25/15 Page 7 of 7

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as to any other information relating thereto or on the same or related subject matter.

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IT SO STIPULATED

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DATED this 25th day of June, 2015.

DATED this 25th day of June, 2015.

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/s/ Annalisa N. Grant

/s/ Lawrence Ruiz

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___________________________________
ANNALISA N. GRANT, ESQ.
Nevada Bar No. 011807
CHIU & FERRIS
7455 Arroyo Crossing Parkway, Suite 300
Las Vegas, Nevada 89113
Phone: [phone]
Fax: [phone]
[e-mail]

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LAWRENCE RUIZ, ESQ.
Nevada Bar No. 11451
RUIZ LAW FIRM
3175 S. Eastern Avenue
Las Vegas, Nevada 89169
Phone: [phone]
Fax: [phone]

Attorney for Defendant
Bank of America, N.A.

Attorney for Plaintiff

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Chiu & Ferris

7455 Arroyo Crossing Parkway, Suite 300
Las Vegas, Nevada 89113
Telephone No. [phone]
Facsimile No. [phone]

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IT IS SO ORDERED.

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____________________________________
DISTRICTFOLEY, JR.
GEORGE COURT JUDGE
United States Magistrate Judge
DATED: June 26, 2015