Bank Of New York Mellon v. Sierra Ranch Homeowners Association et al

Filing 69

ORDER Granting 67 Stipulated Protective Order. Signed by Magistrate Judge Peggy A. Leen on 8/4/2016. (Copies have been distributed pursuant to the NEF - SLD)

Case 2:15-cv-01914-JCM-PAL Document 67 Filed 08/01/16 Page 1 of 14

1
2
3
4
5
6
7
8
9
10

DARREN T. BRENNER, ESQ.
Nevada Bar No. 8386
NATALIE L. WINSLOW, ESQ.
Nevada Bar No. 12125
AKERMAN LLP
1160 Town Center Drive, Suite 330
Las Vegas, NV 89144
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
Email: [e-mail]
Attorneys for Plaintiff The Bank of New
York Mellon as Trustee for the
Certificateholders of the CWALT, Inc.,
Alternative
Loan
Trust
2007-21CB
Mortgage Pass-Through Certificates, Series
2007-21CB
UNITED STATES DISTRICT COURT

AKERMAN LLP

1160 TOWN CENTER DRIVE, SUITE 330
LAS VEGAS, NEVADA 89144
TEL.: [phone] – FAX: [phone]

11

DISTRICT OF NEVADA

12
13
14
15
16

THE BANK OF NEW YORK MELLON FKA
THE BANK OF NEW YORK AS TRUSTEE
FOR THE CERTIFICATEHOLDERS OF THE
CWALT, INC., ALTERNATIVE LOAN
TRUST 2007-21CB MORTGAGE PASSTHROUGH CERTIFICATES, SERIES 200721CB.,

17

Case No.: 2:15-cv-01914-JCM-PAL

STIPULATED PROTECTIVE ORDER

Plaintiff,
vs.

18
19
20

SIERRA
RANCH
HOMEOWNERS
ASSOCIATION; SFR INVESTMENTS POOL
1, LLC; DOE INDIVIDUALS I-X, INCLUSIVE,
AND
ROE
CORPORATIONS
I-X,
INCLUSIVE,

21
22

Defendants.
23
24
25
26
27
28

Subject to the approval of the Court, The Bank of New York Mellon fka The Bank of New
York as Trustee for the Certificateholders of the CWALT, Inc., Alternative Loan Trust 2007-21CB
Mortgage Pass-Through Certificates, Series 2007-21CB (BNYM), SFR Investment Pool 1, LLC (SFR),
and Sierra Ranch Homeowners Association (Sierra Ranch), by and through their attorneys of record,
stipulate to the following Protective Order:

1

Case 2:15-cv-01914-JCM-PAL Document 67 Filed 08/01/16 Page 2 of 14

1

To expedite the flow of discovery, facilitate the prompt resolution of disputes over

2 confidentiality, adequately protect material claimed to be confidential, and ensure protection is afforded
3 only to material so designated, it is, pursuant to the Court's authority under FED. R. CIV. P. 26(c),
4 ORDERED this Protective Order shall govern the disclosure, handling and disposition of documents in
5 this litigation as follows:
6

1.

7

Application.
1.1

This Protective Order shall govern any document, information or other material

8 that is designated as containing “Confidential Information” as defined herein, and is produced in
9 connection with this litigation by any person or entity (the “producing party”), whether in response to a
10 discovery request, subpoena or otherwise, to any other person or entity (the “receiving party”)

AKERMAN LLP

1160 TOWN CENTER DRIVE, SUITE 330
LAS VEGAS, NEVADA 89144
TEL.: [phone] – FAX: [phone]

11 regardless of whether the person or entity producing or receiving such information is a party to this
12 litigation.
13

2.

14

Definitions.
2.1

Confidential Information. “Confidential Information” shall mean and include,

15 without limitation, any non-public information that concerns or relates to the following areas:
16 confidential proprietary information, trade secrets, practices and procedures, personal financial
17 information, commercial, financial, pricing, budgeting, and/or accounting information, information
18 about existing and potential customers, marketing studies, performance projections, business strategies,
19 decisions and/or negotiations, personnel compensation, evaluations and other employment information,
20 and confidential proprietary information about affiliates, parents, subsidiaries and third-parties with
21 whom the parties to this action have or have had business relationships.
22

2.2

Documents. As used herein, the term “documents” includes all writings,

23 records, files, drawings, graphs, charts, photographs, e-mails, video tapes, audio tapes, compact discs,
24 electronic messages, other data compilations from which information can be obtained and other
25 tangible things subject to production under the Federal Rules of Civil Procedure.
26

...

27

...

28

...
2

Case 2:15-cv-01914-JCM-PAL Document 67 Filed 08/01/16 Page 3 of 14

1

3.

2

Initial Designation.
3.1

Good Faith Claims. Claims of confidentiality will be made only with respect to

3 documents, other tangible things and information that the asserting party has a good faith belief are
4 within the definition set forth in subparagraph 2.1 of this Protective Order. Objections to such claims
5 made pursuant to paragraph 5, below, shall also be made only in good faith.
6

3.2

Produced Documents. A party producing documents that it believes constitute

7 or contain Confidential Information shall state that the material is being produced under this Protective
8 Order by describing the documents or materials to be treated as confidential in writing, by page or bates
9 number wherever possible and/or shall produce copies bearing a label that contains or includes
10 language substantially identical to the following:

AKERMAN LLP

1160 TOWN CENTER DRIVE, SUITE 330
LAS VEGAS, NEVADA 89144
TEL.: [phone] – FAX: [phone]

11

CONFIDENTIAL

12

This label shall be affixed in a manner that does not obliterate or obscure the contents of the

13 copies. If any person or party makes copies of documents designated as containing Confidential
14 Information, the copying person or party shall mark each such copy as containing Confidential
15 Information in the same form as the Confidentiality notice on the original document.
16

A party producing documents that are stored on electronic, magnetic, optical or other non-paper

17 media, such as compact discs, DVD’s, video tapes and audio tapes (collectively, “data storage devices”)
18 shall designate the data storage device as containing Confidential Information, by affixing a label or
19 stamp to the data storage device in the manner described above at the time copies of such data storage
20 devices are produced. If the receiving party or other persons or entities to whom disclosure is
21 authorized pursuant to subparagraph 7.1 make a copy of any data storage device designated by the
22 producing party as containing Confidential Information, the receiving party or other authorized person
23 shall mark each such copy as containing Confidential Information in the same form as the
24 confidentiality notice on the original data storage device produced. If the receiving party or other
25 authorized person prints out or otherwise makes copies of the documents or information stored on such
26 data storage device, the receiving party or other authorized person shall mark each page so copied with
27 the label or stamp specified in subparagraph 3.2.
28

...
3

Case 2:15-cv-01914-JCM-PAL Document 67 Filed 08/01/16 Page 4 of 14

1

3.3

Interrogatory Answers. If a party answering an interrogatory or other discovery

2 demand believes that its answer contains Confidential Information, it shall state so in the interrogatory
3 response, and that portion of the response will be entitled to the protections of this order.
4

3.4

Inspection of Documents. In the event a party elects to produce files and

5 records for inspection and the requesting party elects to inspect them, no designation of Confidential
6 Information needs to be made in advance of the inspection. For purposes of such inspection, all material
7 produced shall be considered as Confidential Information. If the inspecting party selects specified
8 documents to be copied, the producing party shall designate Confidential Information in accordance
9 with subparagraph 3.2 at the time the copies are produced.
10

3.5

Deposition Transcripts. The party asserting confidentiality shall state on the

AKERMAN LLP

1160 TOWN CENTER DRIVE, SUITE 330
LAS VEGAS, NEVADA 89144
TEL.: [phone] – FAX: [phone]

11 record the portions it deems confidential.

The failure to designate testimony on the record as

12 confidential shall be a waiver unless the designating party notifies all other parties and files a motion to
13 designate the testimony as confidential within 5 days of the notification.
14

3.6

Inadvertent Failure to Designate. Inadvertent failure to identify documents or

15 things as "Confidential" pursuant to this Protective Order shall not constitute a waiver of any otherwise
16 valid claim for protection, provided that the provisions of this paragraph are satisfied.

If the

17 designating party discovers that information should have but was not designated "Confidential" or of
18 the designating party receives notice that would enable the designated party to learn that it has disclosed
19 such information, the designating party must immediately notify all other parties. In such event, within
20 thirty (30) days of notifying all other parties, the designating parties must also provide copies of the
21 "Confidential" information designated in accordance with this Protective Order. After receipt of such
22 re-designated information, the "Confidential" information shall be treated as required by this Protective
23 Order, and the receiving party(ies) shall promptly, and in no event more than fourteen (14) calendar
24 days from the receipt of the re-designated information, return to the designated party all previously
25 produced copies of the same unlegended documents or things. The designating party and the parties
26 may agree to alternative means. The receiving party(ies) shall receive no liability, under this Protective
27 Order or otherwise, for any disclosure of information contained in unlegended documents or things
28
4

Case 2:15-cv-01914-JCM-PAL Document 67 Filed 08/01/16 Page 5 of 14

1 occurring before the receiving party was placed on notice of the designating party's claims of
2 confidentiality.
3

4.

4

Designations by Another Party.
4.1

Notification of Designation. If a party other than the producing party believes

5 that a producing party has produced a document that contains or constitutes Confidential Information of
6 the non-producing party, the non-producing party may designate the document as Confidential
7 Information by so notifying all parties in writing within fourteen (14) days of service of the document.
8

4.2

Return of Documents; Non-disclosure. Whenever a party other than the

9 producing party designates a document produced by a producing party as Confidential Information in
10 accordance with subparagraph 4.1, each party receiving the document shall either add the Confidential

AKERMAN LLP

1160 TOWN CENTER DRIVE, SUITE 330
LAS VEGAS, NEVADA 89144
TEL.: [phone] – FAX: [phone]

11 Information designation in accordance with subparagraph 3.2 or substitute a copy of the document
12 bearing such designation for each copy of the document produced by the producing party. Each party
13 shall destroy all undesignated copies of the document or return those copies to the producing party, at
14 the direction of the producing party. No party shall disclose a produced document to any person, other
15 than the persons authorized to receive Confidential Information under subparagraph 7.1, until after the
16 expiration of the fourteen (14) day designation period specified in subparagraph 4.1. If during the
17 fourteen (14) day designation period a party discloses a produced document to a person authorized to
18 receive Confidential Information under subparagraph 7.1, and that document is subsequently designated
19 as Confidential Information in accordance with subparagraph 4.1, the disclosing party shall cause all
20 copies of the document to be destroyed or returned to the producing party, at the direction of the
21 producing party. The party may thereafter disclose a copy of the document that has been marked as
22 Confidential Information by the designating party, in accordance with subparagraphs 3.2 and 7.1.
23

...

24

...

25

...

26

...

27

...

28

...
5

Case 2:15-cv-01914-JCM-PAL Document 67 Filed 08/01/16 Page 6 of 14

1

5.

Objections to Designations. Any party objecting to a designation of Confidential

2 Information, including objections to portions of designations of multi-page documents, shall notify the
3 designating party and all other parties of the objection in writing up to and through trial of the matter.
4 This notice must specifically identify each document that the objecting party in good faith believes
5 should not be designated as Confidential Information and provide a brief statement of the grounds for
6 such belief. In accordance with the Federal Rules of Civil Procedure governing discovery disputes, the
7 objecting and the designating parties thereafter shall confer within ten (10) days after the date of such
8 objection in an attempt to resolve their differences. If the parties are unable to resolve their differences,
9 the objecting party shall have twenty one (21) days after the conference concludes to file with the Court
10 a motion to remove the Confidential Information. If an objection is served within forty-two (42) days

AKERMAN LLP

1160 TOWN CENTER DRIVE, SUITE 330
LAS VEGAS, NEVADA 89144
TEL.: [phone] – FAX: [phone]

11 of trial, the objecting party must file its motion to remove the Confidential Information designation
12 within half of the remaining time before trial, and the meet-and-confer period shall be shortened
13 accordingly. Where a party authored, created, owns, or controls a document, information or other
14 material that another party designates as Confidential Information, the party that authored, created,
15 owns, or controls the Confidential Information may so inform the objecting party and thereafter shall
16 also be considered a designating party for purposes of this paragraph.
17

All documents, information and other materials initially designated as Confidential Information

18 shall be treated as such in accordance with this Protective Order unless and until the Court rules
19 otherwise, except for deposition transcripts and exhibits initially considered as containing Confidential
20 Information under subparagraph 3.5, which will lose their confidential status after twenty-one (21) days
21 unless so designated as Confidential Information. If the Court rules that a designation should not be
22 maintained as to a particular document, the producing party shall, upon written request by a party,
23 provide that party a copy of that document without the designation described in subparagraph 3.2.
24

...

25

...

26

...

27

...

28

...
6

Case 2:15-cv-01914-JCM-PAL Document 67 Filed 08/01/16 Page 7 of 14

1

If an objecting party elects not to make such a motion with respect to documents within twenty

2 one (21) days after the conference, information or other materials to which an objection has been made,
3 the objection shall be deemed withdrawn. The designating party shall have twenty one (21) days to
4 respond to the objecting party’s motion. If no response is filed by the designating party within twenty
5 one (21) days, the designating party shall be deemed to have consented to the objecting party’s motion
6 pursuant to LR 7-2(d).
7

6.

Custody. All Confidential Information and any and all copies, extracts and summaries

8 thereof, including memoranda relating thereto, shall be retained by the receiving party in the custody of
9 counsel of record, or by persons to whom disclosure is authorized under subparagraph 7.1.
10

AKERMAN LLP

1160 TOWN CENTER DRIVE, SUITE 330
LAS VEGAS, NEVADA 89144
TEL.: [phone] – FAX: [phone]

11

7.

Handling Prior to Trial.
7.1

Authorized Disclosures. Confidential Information shall be disclosed by the

12 receiving party only to the following persons:
13

a.

14
15

Counsel for the parties in this litigation, including their associates, clerks,
paralegals, and secretarial personnel;

b.

Qualified persons taking testimony in this litigation involving such

16

Confidential Information, and necessary stenographic, videotape and

17

clerical personnel;

18

c.

19
20

a party in this litigation;
d.

21
22

Experts and their staff who are retained by counsel as expert witnesses for

Experts and their staff who are consulted by counsel for a party in this
litigation;

e.

Parties to this litigation, limited to the named party and, if that party is a

23

corporate entity, a limited number of employees of the corporate entity

24

and its insurers;

25

f.

26
27
28

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;
7

Case 2:15-cv-01914-JCM-PAL Document 67 Filed 08/01/16 Page 8 of 14

1

h.

Any person of whom testimony is taken regarding the Confidential

2

Information, except that such person may only be shown Confidential

3

Information during his/her testimony, and may not retain a copy of such

4

Confidential Information; and

5

i.

6

materials under seal.

7
8

This Court and this Court’s staff, subject to the Court’s processes for filing

Such disclosures are authorized only to the extent necessary to investigate, prosecute, or
defend the litigation.

9

Confidential Information may not be disclosed to persons under subparagraphs (c) or (d) until

10 the receiving party has obtained a written acknowledgment from the person receiving Confidential

AKERMAN LLP

1160 TOWN CENTER DRIVE, SUITE 330
LAS VEGAS, NEVADA 89144
TEL.: [phone] – FAX: [phone]

11 Information, in the form of the Declaration attached hereto as Exhibit A, that he or she has received a
12 copy of this Protective Order and has agreed to be bound by it. A party who discloses Confidential
13 Information in accordance with subparagraph 7.1 shall retain the written acknowledgment from each
14 person receiving Confidential Information, shall maintain a list of all persons to whom a receiving party
15 has disclosed Confidential Information and identify what documents have been disclosed, and shall
16 furnish the written acknowledgments and disclosure list to opposing counsel as follows: (i) for a person
17 under subparagraph (c), within thirty (30) days after the person signs the Declaration; and (ii) for a
18 person under subparagraph (d), within thirty (30) days after the matter is finally concluded. Disclosure
19 of Confidential Information to this Court, including judicial staff, shall be made in accordance with
20 subparagraph 7.4 of this Protective Order.
21

...

22

...

23

...

24

...

25

...

26

...

27

...

28

...
8

Case 2:15-cv-01914-JCM-PAL Document 67 Filed 08/01/16 Page 9 of 14

1

7.2

Unauthorized Disclosures. All persons receiving Confidential Information

2 under the terms of this Protective Order are under the jurisdiction of the state courts and U.S. federal
3 courts located in Nevada for all matters arising from the improper disclosure or use of such information.
4 If Confidential Information is disclosed to any person other than in the manner authorized by this
5 Protective Order, the party or person responsible for the disclosure, and any other party or person who
6 is subject to this Protective Order and learns of such disclosure, shall immediately bring such disclosure
7 to the attention of the designating party. Without prejudice to other rights and remedies of the
8 designating party, the responsible party or person shall make every effort to obtain and return the
9 Confidential Information and to prevent further disclosure on its own part or on the part of the person
10 who was the unauthorized recipient of such information.

AKERMAN LLP

1160 TOWN CENTER DRIVE, SUITE 330
LAS VEGAS, NEVADA 89144
TEL.: [phone] – FAX: [phone]

11

7.3

Court Filings. In the event any Confidential Information must be filed with the

12 Court prior to trial, the proposed filing shall be accompanied by a motion to file the Confidential
13 Information under seal that complies with Local Rule 10-5(b) and a proposed order, and the application
14 and proposed order shall be directed to the judge to whom the Confidential Information is directed. This
15 provision is applicable to briefs, memoranda, and other filings which quote, summarize, or describe
16 Confidential Information.
17

8.

Care in Storage. Any person in possession of Confidential Information produced by

18 another party shall exercise reasonable and appropriate care with regard to the storage, custody,
19 copying, and use of such information to ensure that the confidential and sensitive nature of same is
20 maintained.
21

9.

Handling During Trial. Confidential Information that is subject to this Order may be

22 marked and used as trial exhibits by either party, subject to terms and conditions as imposed by the
23 Court upon application by any party.
24

...

25

...

26

...

27

...

28

...
9

Case 2:15-cv-01914-JCM-PAL Document 67 Filed 08/01/16 Page 10 of 14

1

10.

No Implied Waivers. This Protective Order shall not be interpreted as a waiver of the

2 right to object, under applicable law, to the furnishing of information in response to discovery requests
3 or to object to a requested inspection of documents or facilities. Parties producing Confidential
4 Information in this litigation are doing so only pursuant to the terms of this Protective Order. The taking
5 of any action in accordance with the provisions of this Protective Order shall not be interpreted as a
6 waiver of any claim or position or defense in this action, or any other actions.
7

11.

No Admission. The designation of any item as Confidential Information shall not be

8 construed as an admission that such material, or any testimony concerning such material, would be
9 admissible in evidence in this litigation or in any other proceeding.
10

12.

Inadvertent Disclosure. Nothing in this Protective Order abridges applicable law

AKERMAN LLP

1160 TOWN CENTER DRIVE, SUITE 330
LAS VEGAS, NEVADA 89144
TEL.: [phone] – FAX: [phone]

11 concerning inadvertent disclosure of a document that the Disclosing Party believes contains attorney12 client communications, attorney work product, or otherwise privileged information. If a party
13 inadvertently discloses documents or information subject to a claim of privilege or work product
14 protection, such disclosure will not waive otherwise applicable claims of privilege or work product
15 protection under applicable law. Upon discovery by the Receiving Party, or receipt of written notice
16 from the Disclosing Party identifying privileged or protected Documents that were inadvertently
17 produced, the receiving party shall within seven (7) business days either: (a) return or certify the
18 destruction of all such documents, all copies, and any work product or portions of any work product
19 containing or reflecting the contents of the subject materials; or (b) after attempting to resolve any
20 dispute with opposing counsel informally, file a motion to challenge the assertion of privilege and
21 tender the subject documents for in camera review with the motion. The moving party shall do nothing
22 to compromise the privilege claim until the Court rules on said motion and the opportunity for appellate
23 review is exhausted or the issue is otherwise resolved.
24

13.

Parties’ Own Documents. This Protective Order shall in no way restrict the parties in

25 their use of their own documents and information, and nothing in this Protective Order shall preclude
26 any party from voluntarily disclosing its own documents or information to any party or nonparty.
27

...

28

...
10

Case 2:15-cv-01914-JCM-PAL Document 67 Filed 08/01/16 Page 11 of 14

1

14.

Motion by Third Party to Compel Production of Confidential Information. If any

2 third party subpoenas Confidential Information from a party to this action or moves to compel a party to
3 this action to produce any such information, such party shall immediately notify the parties who
4 originally produced and/or designated such information that a subpoena has been served or a motion
5 has been made in order to allow the parties who originally produced and/or designated such information
6 the opportunity to seek a protective order or oppose the motion or application. If, within thirty (30) days
7 after receiving notice of a subpoena seeking Confidential Information from a receiving party, the party
8 who originally produced and/or designated such information fails to move for a protective order, the
9 party subject to the subpoena may produce said information. In addition, if a party is ordered to produce
10 Confidential Information covered by this Protective Order, then notice and, if available, a copy of the

AKERMAN LLP

1160 TOWN CENTER DRIVE, SUITE 330
LAS VEGAS, NEVADA 89144
TEL.: [phone] – FAX: [phone]

11 order compelling disclosure shall immediately be given the parties who originally produced and/or
12 designated such information. Nothing in this Protective Order shall be construed as requiring the party
13 who is ordered to produce such Confidential Information to challenge or appeal any order requiring the
14 production of such information or to subject himself/herself to any penalty for non-compliance with any
15 legal process or seek any relief from the Court.
16

15.

No Effect on Other Rights. This Protective Order shall in no way abrogate or

17 diminish any pre-existing contractual, statutory, or other legal obligations or rights of any party with
18 respect to Confidential Information.
19

16.

Modification. In the event any party hereto seeks a Court order to modify the terms of

20 this Protective Order, or seeks a protective order which incorporates the terms and conditions of this
21 Protective Order said party shall make such request by written stipulation or noticed motion to all
22 parties that must be served and filed in accordance with local court rules.
23

...

24

...

25

...

26

...

27

...

28

...
11

Case 2:15-cv-01914-JCM-PAL Document 67 Filed 08/01/16 Page 12 of 14

1

17.

Handling Upon Conclusion of Litigation. All parties, counsel, and persons to whom

2 disclosure was made agree to return all Confidential Information to the designating party within thirty
3 (30) days of the conclusion of litigation between the parties, including final appellate action or the
4 expiration of time to appeal or seek further review. In addition, counsel shall certify in writing that all
5 such Confidential Information have been returned. Counsel for each party also shall contact each person
6 to whom that party has provided a copy of any Confidential Information and request the documents be
7 returned. In lieu of returning Confidential Information, the person or party in possession of such
8 information may elect to destroy it. If the person or party in possession of Confidential Information
9 elects to destroy it rather than return it, that person or party must notify the designating party in writing
10 of the destruction of the information within ninety (90) days of the conclusion of litigation between the

AKERMAN LLP

1160 TOWN CENTER DRIVE, SUITE 330
LAS VEGAS, NEVADA 89144
TEL.: [phone] – FAX: [phone]

11 parties, including final appellate action or the expiration of time to appeal or seek further review.
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
12

Case 2:15-cv-01914-JCM-PAL Document 67 Filed 08/01/16 Page 13 of 14

1

18. Survival of the Terms of this Protective Order. Even after the termination of this

2 litigation, the confidentiality obligations imposed by this Protective Order shall remain in effect until a
3 Designating Party otherwise in writing or a court order otherwise directs.
4

Respectfully submitted, this ___ day of July, 2016.

5
6

AKERMAN LLP

7

By: /s/ Natalie L. Winslow, Esq.
DARREN T. BRENNER, ESQ.
Nevada Bar No. 8386
NATALIE L. WINSLOW, ESQ.
Nevada Bar No. 12125
1160 Town Center Drive, Suite 330
Las Vegas, Nevada 89144

By: /s/ Ryan D. Hastings, Esq.
SEAN L. ANDERSON, ESQ.
Nevada Bar No. 7259
RYAN D. HASTINGS, ESQ.
Nevada Bar No. 12394
8945 W. Russell Road, Ste. 330
Las Vegas, NV 89148

Attorneys for Plaintiff The Bank of New York
Mellon as Trustee
KIM GILBERT EBRON

Attorneys for Sierra Ranch Homeowners
Association

8
9
10

AKERMAN LLP

1160 TOWN CENTER DRIVE, SUITE 330
LAS VEGAS, NEVADA 89144
TEL.: [phone] – FAX: [phone]

11
12
13

18

By: /s/ Diana Cline Ebron, Esq.
DIANA CLINE EBRON, ESQ.
Nevada Bar No. 10580
JACQUELINE A. GILBERT, ESQ.
Nevada Bar No. 10593
KAREN L. HANKS, ESQ.
Nevada Bar No. 9578
7625 Dean Martin Drive, Suite 110
Las Vegas, Nevada 89139

19

LEACH JOHNSON SONG & GRUCHOW, LTD

Attorneys for SFR Investments Pool 1, LLC

14
15
16
17

20
21

ORDER
IT IS SO ORDERED.

22
23
______________________________________
UNITED STATES MAGISTRATE JUDGE

24
25
26

August 4, 2016
DATED:_____________________________

27
28
13

Case 2:15-cv-01914-JCM-PAL Document 67 Filed 08/01/16 Page 14 of 14

1

EXHIBIT A

2

ACKNOWLEDGEMENT AND AGREEMENT TO BE BOUND

that was issued by the United States District Court, for the District of Nevada, on

5

________________, 2016, in the case of The Bank of New York Mellon fka The Bank of New York as

6

Trustee for the Certificateholders of the CWALT, Inc., Alternative Loan Trust 2007-21CB Mortgage

7

Pass-Through Certificates, Series 2007-21CB Case No.: 2:15-cv-01914-JCM-PAL.

8

comply with and be bound by all terms of this Protective Order and I understand and acknowledge

9

that failure to so comply could expose me to sanctions and punishment in the nature of contempt. I

10

solemnly promise that I will not disclose in any manner any information or item that is subject to this

11

AKERMAN LLP

I, ______________________, and read in its entirety and understand the Protective Order

4

1160 TOWN CENTER DRIVE, SUITE 330
LAS VEGAS, NEVADA 89144
TEL.: [phone] – FAX: [phone]

3

Protective Order to any person or entity except in strict compliance with this Protective Order.

12

Further, I solemnly promise that I will not offer to sell, advertise or publicize that I have obtained

13

any protected material subject to this Protective Order.

I agree to

14

At the conclusion of this matter, I will return all protected materials which came into my

15

possession or control to counsel for the party from whom I received the protected material, or I will

16

destroy those materials.

17

summaries of protected material shall remain protected pursuant to the terms of this Order.

I understand that any confidential information contained within any

18

I further agree to submit to the jurisdiction of the United States District Court, for the District

19

of Nevada for the purpose of enforcing the terms of this Protective Order, even if such enforcement

20

proceedings occur after termination of this action.

21

I certify under penalty of perjury that the foregoing is true and correct.

22

Date: ____________________________

23

City and State where signed: ________________________________

24

Printed Name: ___________________________________________

25

Address: ________________________________________________

26

Signature: _______________________________________________

27
28
14