Emhof v. Nationstar Mortgage LLC et al

Filing 35

ORDER Granting 34 Stipulated Protective Order. Signed by Magistrate Judge George Foley, Jr. on 02/08/2017. (Copies have been distributed pursuant to the NEF - NEV)

Download PDF
Case 2:14-cv-02134-LDG-GWF Document 34 Filed 02/07/17 Page 1 of 11 1 2 3 4 5 6 7 8 MELANIE D. MORGAN, ESQ. Nevada Bar No. 8215 THERA A. COOPER, ESQ. Nevada Bar No. 13468 AKERMAN LLP 1160 Town Center Drive, Suite 330 Las Vegas, Nevada 89144 Telephone: (702) 634-5000 Facsimile: (702) 380-8572 Email: melanie.morgan@akerman.com Email: thera.cooper@akerman.com Attorneys for Defendant, Nationstar Mortgage LLC d/b/a Champion Mortgage Company 1160 Town Center Drive, Suite 330 LAS VEGAS, NEVADA 89144 TEL.: (702) 634-5000 – FAX: (702) 380-8572 UNITED STATES DISTRICT COURT 10 AKERMAN LLP 9 DISTRICT OF NEVADA 11 12 LUCAS EMHOF, Plaintiff, 13 14 15 16 17 Case No.: 2:14-cv-02134-LDG-GWF v. STIPULATED PROTECTIVE ORDER NATIONSTAR MORTGAGE LLC dba CHAMPION MORTGAGE COMPANY, FIRST AMERICAN TRUSTEE SERVICING SOLUTIONS, LLC DOES I through X; and ROE CORPORATIONS I through X, inclusive. Defendants. 18 19 Subject to the approval of the Court, Plaintiff Lucas Emhof and Defendant Nationstar 20 21 Mortgage LLC d/b/a Champion Mortgage Company stipulate to the following Protective Order: 22 To expedite the flow of discovery, facilitate the prompt resolution of disputes over 23 confidentiality, adequately protect material claimed to be confidential, and ensure protection is 24 afforded only to material so designated, it is, pursuant to the Court's authority under Nevada Rule of 25 Civil Procedure 26, ORDERED this Protective Order shall govern the disclosure, handling and 26 disposition of documents in this litigation as follows: 27 /// 28 /// {40655227;1} Case 2:14-cv-02134-LDG-GWF Document 34 Filed 02/07/17 Page 2 of 11 1 1. Application. 2 1.1 This Protective Order shall govern any document, information or other material that 3 is designated as containing “Confidential Information” as defined herein, and is produced in 4 connection with this litigation by any person or entity (the “producing party”), whether in response 5 to a discovery request, subpoena or otherwise, to any other person or entity (the “receiving party”) 6 regardless of whether the person or entity producing or receiving such information is a party to this 7 litigation. 8 2. Definitions. 9 2.1 Confidential Information. “Confidential Information” shall mean and include, 1160 Town Center Drive, Suite 330 LAS VEGAS, NEVADA 89144 TEL.: (702) 634-5000 – FAX: (702) 380-8572 AKERMAN LLP 10 without limitation, any non-public information that concerns or relates to the following areas: 11 confidential proprietary information, trade secrets, practices and procedures, personal financial 12 information, commercial, financial, pricing, budgeting, and/or accounting information, information 13 about existing and potential customers, marketing studies, performance projections, business 14 strategies, decisions and/or negotiations, personnel compensation, evaluations and other 15 employment information, and confidential or proprietary information about affiliates, parents, 16 subsidiaries and third-parties with whom the parties to this action have or have had business 17 relationships. 18 2.2 Documents. As used herein, the term “documents” includes all writings, records, 19 files, drawings, graphs, charts, photographs, e-mails, video tapes, audio tapes, compact discs, 20 electronic messages, other data compilations from which information can be obtained and other 21 tangible things subject to production under the Nevada Rules of Civil Procedure. 22 3. Initial Designation. 23 3.1 Good Faith Claims. Claims of confidentiality will be made only with respect to 24 documents, other tangible things and information that the asserting party has a good faith belief are 25 within the definition set forth in subparagraph 2.1 of this Protective Order. Objections to such 26 claims made pursuant to paragraph 5, below, shall also be made only in good faith. 27 28 3.2 Produced Documents. A party producing documents that it believes constitute or contain Confidential Information shall state that the material is being produced under this Protective {40655227;1} 2 Case 2:14-cv-02134-LDG-GWF Document 34 Filed 02/07/17 Page 3 of 11 1 Order by describing the documents or materials to be treated as confidential in writing, by page or 2 bates number wherever possible and/or shall produce copies bearing a label that contains or 3 includes language substantially identical to the following: 4 CONFIDENTIAL 5 This label shall be affixed in a manner that does not obliterate or obscure the contents of the 6 copies. If any person or party makes copies of documents designated as containing Confidential 7 Information, the copying person or party shall mark each such copy as containing Confidential 8 Information in the same form as the Confidentiality notice on the original document. 1160 Town Center Drive, Suite 330 LAS VEGAS, NEVADA 89144 TEL.: (702) 634-5000 – FAX: (702) 380-8572 A party producing documents that are stored on electronic, magnetic, optical or other non- 10 AKERMAN LLP 9 paper media, such as compact discs, DVD’s, video tapes and audio tapes (collectively, “data storage 11 devices”) shall designate the data storage device as containing Confidential Information, by affixing 12 a label or stamp to the data storage device in the manner described above at the time copies of such 13 data storage devices are produced. If the receiving party or other persons or entities to whom 14 disclosure is authorized pursuant to subparagraph 7.1 make a copy of any data storage device 15 designated by the producing party as containing Confidential Information, the receiving party or 16 other authorized person shall mark each such copy as containing Confidential Information in the 17 same form as the confidentiality notice on the original data storage device produced. If the 18 receiving party or other authorized person prints out or otherwise makes copies of the documents or 19 information stored on such data storage device, the receiving party or other authorized person shall 20 mark each page so copied with the label or stamp specified in subparagraph 3.2. 21 3.3 Interrogatory Answers. If a party answering an interrogatory or other discovery 22 demand believes that its answer contains Confidential Information, it shall state so in the 23 interrogatory response, and that portion of the response will be entitled to the protections of this 24 order. 25 3.4 Inspection of Documents. In the event a party elects to produce files and records for 26 inspection and the requesting party elects to inspect them, no designation of Confidential 27 Information needs to be made in advance of the inspection. For purposes of such inspection, all 28 material produced shall be considered as Confidential Information. If the inspecting party selects {40655227;1} 3 Case 2:14-cv-02134-LDG-GWF Document 34 Filed 02/07/17 Page 4 of 11 1 specified documents to be copied, the producing party shall designate Confidential Information in 2 accordance with subparagraph 3.2 at the time the copies are produced. 3 3.5 Deposition Transcripts. The party asserting confidentiality shall state on the record 4 the portions it deems confidential. The failure to designate testimony on the record as confidential 5 shall be a waiver unless the designating party notifies all other parties and files a motion to 6 designate the testimony as confidential within 5 days of the notification. 7 3.6 Inadvertent Failure to Designate. Inadvertent failure to identify documents or things valid claim for protection, provided that the provisions of this paragraph are satisfied. If the 10 1160 Town Center Drive, Suite 330 LAS VEGAS, NEVADA 89144 TEL.: (702) 634-5000 – FAX: (702) 380-8572 as “Confidential” pursuant to this Protective Order shall not constitute a waiver of any otherwise 9 AKERMAN LLP 8 designating party discovers that information should have but was not designated “Confidential” or 11 of the designating party receives notice that would enable the designated party to learn that it has 12 disclosed such information, the designating party must immediately notify all other parties. In such 13 event, within thirty (30) days of notifying all other parties, the designating parties must also provide 14 copies of the “Confidential” information designated in accordance with this Protective Order. After 15 receipt of such re-designated information, the “Confidential” information shall be treated as 16 required by this Protective Order, and the receiving party(ies) shall promptly, and in no event more 17 than fourteen (14) calendar days from the receipt of the re-designated information, return to the 18 designated party all previously produced copies of the same unlegended documents or things. The 19 designating party and the parties may agree to alternative means. The receiving party(ies) shall 20 receive no liability, under this Protective Order or otherwise, for any disclosure of information 21 contained in unlegended documents or things occurring before the receiving party was placed on 22 notice of the designating party's claims of confidentiality. 23 4. Designations by Another Party. 24 4.1 Notification of Designation. If a party other than the producing party believes that a 25 producing party has produced a document that contains or constitutes Confidential Information of 26 the non-producing party, the non-producing party may designate the document as Confidential 27 Information by so notifying all parties in writing within fourteen (14) days of service of the 28 document. {40655227;1} 4 Case 2:14-cv-02134-LDG-GWF Document 34 Filed 02/07/17 Page 5 of 11 1 4.2 Return of Documents; Non-disclosure. Whenever a party other than the producing accordance with subparagraph 4.1, each party receiving the document shall either add the 4 Confidential Information designation in accordance with subparagraph 3.2 or substitute a copy of 5 the document bearing such designation for each copy of the document produced by the producing 6 party. Each party shall destroy all undesignated copies of the document or return those copies to the 7 producing party, at the direction of the producing party. No party shall disclose a produced 8 document to any person, other than the persons authorized to receive Confidential Information 9 under subparagraph 7.1, until after the expiration of the fourteen (14) day designation period 10 1160 Town Center Drive, Suite 330 LAS VEGAS, NEVADA 89144 TEL.: (702) 634-5000 – FAX: (702) 380-8572 party designates a document produced by a producing party as Confidential Information in 3 AKERMAN LLP 2 specified in subparagraph 4.1. If during the fourteen (14) day designation period a party discloses a 11 produced document to a person authorized to receive Confidential Information under subparagraph 12 7.1, and that document is subsequently designated as Confidential Information in accordance with 13 subparagraph 4.1, the disclosing party shall cause all copies of the document to be destroyed or 14 returned to the producing party, at the direction of the producing party. The party may thereafter 15 disclose a copy of the document that has been marked as Confidential Information by the 16 designating party, in accordance with subparagraphs 3.2 and 7.1. 17 5. Objections to Designations. Any party objecting to a designation of Confidential 18 Information, including objections to portions of designations of multi-page documents, shall notify 19 the designating party and all other parties of the objection in writing up to and through trial of the 20 matter. This notice must specifically identify each document that the objecting party in good faith 21 believes should not be designated as Confidential Information and provide a brief statement of the 22 grounds for such belief. In accordance with the Nevada Rules of Civil Procedure governing 23 discovery disputes, the objecting and the designating parties thereafter shall confer within ten (10) 24 days after the date of such objection in an attempt to resolve their differences. If the parties are 25 unable to resolve their differences, the objecting party shall have twenty one (21) days after the 26 conference concludes to file with the Court a motion to remove the Confidential Information. If an 27 objection is served within forty-two (42) days of trial, the objecting party must file its motion to 28 remove the Confidential Information designation within half of the remaining time before trial, and {40655227;1} 5 Case 2:14-cv-02134-LDG-GWF Document 34 Filed 02/07/17 Page 6 of 11 1 the meet-and-confer period shall be shortened accordingly. Where a party authored, created, owns, 2 or controls a document, information or other material that another party designates as Confidential 3 Information, the party that authored, created, owns, or controls the Confidential Information may so 4 inform the objecting party and thereafter shall also be considered a designating party for purposes 5 of this paragraph. Information shall be treated as such in accordance with this Protective Order unless and until the 8 Court rules otherwise, except for deposition transcripts and exhibits initially considered as 9 containing Confidential Information under subparagraph 3.5, which will lose their confidential 10 1160 Town Center Drive, Suite 330 LAS VEGAS, NEVADA 89144 TEL.: (702) 634-5000 – FAX: (702) 380-8572 All documents, information and other materials initially designated as Confidential 7 AKERMAN LLP 6 status after twenty-one (21) days unless so designated as Confidential Information. If the Court 11 rules that a designation should not be maintained as to a particular document, the producing party 12 shall, upon written request by a party, provide that party a copy of that document without the 13 designation described in subparagraph 3.2. 14 If an objecting party elects not to make such a motion with respect to documents within 15 twenty one (21) days after the conference, information or other materials to which an objection has 16 been made, the objection shall be deemed withdrawn. The designating party shall have twenty one 17 (21) days to respond to the objecting party’s motion. If no response is filed by the designating party 18 within twenty one (21) days, the designating party shall be deemed to have consented to the 19 objecting party’s motion pursuant to LR 7-2(d). 20 6. Custody. All Confidential Information and any and all copies, extracts and 21 summaries thereof, including memoranda relating thereto, shall be retained by the receiving party in 22 the custody of counsel of record, or by persons to whom disclosure is authorized under 23 subparagraph 7.1. 24 7. Handling Prior to Trial. 25 7.1 Authorized Disclosures. Confidential Information shall be disclosed by the receiving 26 27 28 party only to the following persons: a. Counsel for the parties in this litigation, including their associates, clerks, paralegals, and secretarial personnel; {40655227;1} 6 Case 2:14-cv-02134-LDG-GWF Document 34 Filed 02/07/17 Page 7 of 11 1 2 3 4 b. Qualified persons taking testimony in this litigation involving such Confidential Information, and necessary stenographic, videotape and clerical personnel; c. Experts and their staff who are retained by counsel as expert witnesses for a party in this litigation; 5 d. Experts and their staff who are consulted by counsel for a party in this litigation; 6 e. Parties to this litigation, limited to the named party and, if that party is a corporate 7 8 9 1160 Town Center Drive, Suite 330 LAS VEGAS, NEVADA 89144 TEL.: (702) 634-5000 – FAX: (702) 380-8572 AKERMAN LLP 10 11 12 entity, a limited number of employees of the corporate entity and its insurers; f. Designated in-house counsel and a limited number of assistants, administrative or otherwise; g. Outside vendors employed by counsel for copying, scanning and general handling of documents; h. Any person of whom testimony is taken regarding the Confidential Information, 13 except that such person may only be shown Confidential Information during his/her testimony, and 14 may not retain a copy of such Confidential Information; and 15 16 17 18 i. 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. 19 Confidential Information may not be disclosed to persons under subparagraphs (c) or (d) 20 until the receiving party has obtained a written acknowledgment from the person receiving 21 Confidential Information, in the form of the Declaration attached hereto as Exhibit A, that he or she 22 has received a copy of this Protective Order and has agreed to be bound by it. A party who discloses 23 Confidential Information in accordance with subparagraph 7.1 shall retain the written 24 acknowledgment from each person receiving Confidential Information, shall maintain a list of all 25 persons to whom a receiving party has disclosed Confidential Information and identify what 26 documents have been disclosed, and shall furnish the written acknowledgments and disclosure list 27 to opposing counsel as follows: (i) for a person under subparagraph (c), within thirty (30) days after 28 the person signs the Declaration; and (ii) for a person under subparagraph (d), within thirty (30) {40655227;1} 7 Case 2:14-cv-02134-LDG-GWF Document 34 Filed 02/07/17 Page 8 of 11 1 days after the matter is finally concluded. Disclosure of Confidential Information to this Court, 2 including judicial staff, shall be made in accordance with subparagraph 7.4 of this Protective Order. 3 7.2 Unauthorized Disclosures. All persons receiving Confidential Information under the located in Nevada for all matters arising from the improper disclosure or use of such information. If 6 Confidential Information is disclosed to any person other than in the manner authorized by this 7 Protective Order, the party or person responsible for the disclosure, and any other party or person 8 who is subject to this Protective Order and learns of such disclosure, shall immediately bring such 9 disclosure to the attention of the designating party. Without prejudice to other rights and remedies 10 1160 Town Center Drive, Suite 330 LAS VEGAS, NEVADA 89144 TEL.: (702) 634-5000 – FAX: (702) 380-8572 terms of this Protective Order are under the jurisdiction of the state courts and U.S. federal courts 5 AKERMAN LLP 4 of the designating party, the responsible party or person shall make every effort to obtain and return 11 the Confidential Information and to prevent further disclosure on its own part or on the part of the 12 person who was the unauthorized recipient of such information. 13 7.3 Court Filings. In the event any Confidential Information must be filed with the Court 14 prior to trial, the proposed filing shall be accompanied by a motion to file the Confidential 15 Information under seal that complies with Local Rule 10-5(b) and a proposed order, and the 16 application and proposed order shall be directed to the judge to whom the Confidential Information 17 is directed. This provision is applicable to briefs, memoranda, and other filings which quote, 18 summarize, or describe Confidential Information. 19 8. Care in Storage. Any person in possession of Confidential Information produced by 20 another party shall exercise reasonable and appropriate care with regard to the storage, custody, 21 copying, and use of such information to ensure that the confidential and sensitive nature of same is 22 maintained. 23 9. Handling During Trial. Confidential Information that is subject to this Order may 24 be marked and used as trial exhibits by either party, subject to terms and conditions as imposed by 25 the Court upon application by any party. 26 10. No Implied Waivers. This Protective Order shall not be interpreted as a waiver of 27 the right to object, under applicable law, to the furnishing of information in response to discovery 28 requests or to object to a requested inspection of documents or facilities. Parties producing {40655227;1} 8 Case 2:14-cv-02134-LDG-GWF Document 34 Filed 02/07/17 Page 9 of 11 1 Confidential Information in this litigation are doing so only pursuant to the terms of this Protective 2 Order. The taking of any action in accordance with the provisions of this Protective Order shall not 3 be interpreted as a waiver of any claim or position or defense in this action, or any other actions. 4 11. No Admission. The designation of any item as Confidential Information shall not be 5 construed as an admission that such material, or any testimony concerning such material, would be 6 admissible in evidence in this litigation or in any other proceeding. 7 12. Inadvertent Disclosure. Nothing in this Protective Order abridges applicable law attorney-client communications, attorney work product, or otherwise privileged information. If a 10 1160 Town Center Drive, Suite 330 LAS VEGAS, NEVADA 89144 TEL.: (702) 634-5000 – FAX: (702) 380-8572 concerning inadvertent disclosure of a document that the Disclosing Party believes contains 9 AKERMAN LLP 8 party inadvertently discloses documents or information subject to a claim of privilege or work 11 product protection, such disclosure will not waive otherwise applicable claims of privilege or work 12 product protection under applicable law. Upon discovery by the Receiving Party, or receipt of 13 written notice from the Disclosing Party identifying privileged or protected Documents that were 14 inadvertently produced, the receiving party shall within seven (7) business days either: (a) return or 15 certify the destruction of all such documents, all copies, and any work product or portions of any 16 work product containing or reflecting the contents of the subject materials; or (b) after attempting to 17 resolve any dispute with opposing counsel informally, file a motion to challenge the assertion of 18 privilege and tender the subject documents for in camera review with the motion. The moving party 19 shall do nothing to compromise the privilege claim until the Court rules on said motion and the 20 opportunity for appellate review is exhausted or the issue is otherwise resolved. 21 13. Parties' Own Documents. This Protective Order shall in no way restrict the parties 22 in their use of their own documents and information, and nothing in this Protective Order shall 23 preclude any party from voluntarily disclosing its own documents or information to any party or 24 nonparty. 25 14. Motion by Third Party to Compel Production of Confidential Information. If 26 any third party subpoenas Confidential Information from a party to this action or moves to compel a 27 party to this action to produce any such information, such party shall immediately notify the parties 28 who originally produced and/or designated such information that a subpoena has been served or a {40655227;1} 9 Case 2:14-cv-02134-LDG-GWF Document 34 Filed 02/07/17 Page 10 of 11 information the opportunity to seek a protective order or oppose the motion or application. If, 3 within thirty (30) days after receiving notice of a subpoena seeking Confidential Information from a 4 receiving party, the party who originally produced and/or designated such information fails to move 5 for a protective order, the party subject to the subpoena may produce said information. In addition, 6 if a party is ordered to produce Confidential Information covered by this Protective Order, then 7 notice and, if available, a copy of the order compelling disclosure shall immediately be given the 8 parties who originally produced and/or designated such information. Nothing in this Protective 9 Order shall be construed as requiring the party who is ordered to produce such Confidential 10 1160 Town Center Drive, Suite 330 LAS VEGAS, NEVADA 89144 TEL.: (702) 634-5000 – FAX: (702) 380-8572 motion has been made in order to allow the parties who originally produced and/or designated such 2 AKERMAN LLP 1 Information to challenge or appeal any order requiring the production of such information or to 11 subject himself/herself to any penalty for non-compliance with any legal process or seek any relief 12 from the Court. 13 15. No Effect on Other Rights. This Protective Order shall in no way abrogate or 14 diminish any pre-existing contractual, statutory, or other legal obligations or rights of any party 15 with respect to Confidential Information. 16 16. Modification. In the event any party hereto seeks a Court order to modify the terms 17 of this Protective Order, or seeks a protective order which incorporates the terms and conditions of 18 this Protective Order said party shall make such request by written stipulation or noticed motion to 19 all parties that must be served and filed in accordance with local court rules. 20 17. Handling Upon Conclusion of Litigation. All parties, counsel, and persons to 21 whom disclosure was made agree to return all Confidential Information to the designating party 22 within thirty (30) days of the conclusion of litigation between the parties, including final appellate 23 action or the expiration of time to appeal or seek further review. In addition, counsel shall certify in 24 writing that all such Confidential Information have been returned. Counsel for each party also shall 25 contact each person to whom that party has provided a copy of any Confidential Information and 26 request the documents be returned. In lieu of returning Confidential Information, the person or party 27 in possession of such information may elect to destroy it. If the person or party in possession of 28 Confidential Information elects to destroy it rather than return it, that person or party must notify {40655227;1} 10 Case 2:14-cv-02134-LDG-GWF Document 34 Filed 02/07/17 Page 11 of 11 1 the designating party in writing of the destruction of the information within ninety (90) days of the 2 conclusion of litigation between the parties, including final appellate action or the expiration of 3 time to appeal or seek further review. 4 5 6 18. Survival of the Terms of this Protective Order. Even after the termination of this litigation, the confidentiality obligations imposed by this Protective Order shall remain in effect until a Designating Party otherwise in writing or a court order otherwise directs. 7 8 9 1160 Town Center Drive, Suite 330 LAS VEGAS, NEVADA 89144 TEL.: (702) 634-5000 – FAX: (702) 380-8572 AKERMAN LLP 10 11 12 13 14 15 Dated this 7th day of February, 2017. Dated this 7th day of February, 2017. AKERMAN LLP The Law Offices of Curtiss S. Chamberlain /s/ Thera A. Cooper, Esq. MELANIE D. MORGAN, ESQ. Nevada Bar No. 8215 THERA A. COOPER, ESQ. Nevada Bar No. 13468 1160 Town Center Drive, Suite 330 Las Vegas, Nevada 89144 /s/ Curtiss S. Chamberlain, Esq. CURTISS S. CHAMBERLAIN, ESQ. Nevada Bar No. 11535 6887 West Charleston Blvd. Las Vegas, Nevada 89117 Attorneys for Nationstar Mortgage LLC d/b/a Attorney for Plaintiff Lucas Emhof Champion Mortgage Company 16 ORDER 17 18 IT IS SO ORDERED. 19 ___________ __ ___________ _ UNITED STATES MAGISTRATE JUDGE NITED STATES MAGISTRATE D AT AGIS 20 21 February 8, 2017 DATED:_______________________________ 22 23 24 25 26 27 28 {40655227;1} 11

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?