Ford et al v. Nationstar Mortgage, LLC

Filing 19

Stipulated Confidentiality Agreement and Protective Order Granting 18 Stipulation. Signed by Magistrate Judge Peggy A. Leen on 7/19/16. (Copies have been distributed pursuant to the NEF - TR)

Case 2:16-cv-00344-RFB-PAL Document 18 Filed 07/07/16 Page 1 of 10

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JACOB BUNDICK, ESQ.
Nevada Bar No. 9772
MICHAEL R. HOGUE, ESQ.
Nevada Bar No. 12400
GREENBERG TRAURIG, LLP
3773 Howard Hughes Parkway
Suite 400 North
Las Vegas, Nevada 89169
Telephone: [phone]
Facsimile: [phone]
E-mail: [e-mail]; [e-mail]
Attorneys for Defendant Nationstar Mortgage, LLC

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IN THE UNITED STATES DISTRICT COURT

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Greenberg Traurig, LLP
Suite 400 North, 3773 Howard Hughes Parkway
Las Vegas, Nevada 89109
[phone]
[phone] (fax)

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DISTRICT OF NEVADA

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MURRAY D. FORD and GEORGINA
FORD, individuals,

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CIVIL NO. 2:16-cv-00344-RFB-PAL

Plaintiffs,

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v.

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NATIONSTAR MORTGAGE, LLC,

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Defendant.

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STIPULATED CONFIDENTIALITY AGREEMENT AND PROTECTIVE ORDER

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IT IS HEREBY STIPULATED AND AGREED by and among Plaintiffs Murray D. Ford

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and Georgina Ford (“Plaintiffs’) and Defendant Nationstar Mortgage, LLC (“Nationstar”) as

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follows:

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1.

The “Litigation” shall mean the above-captioned case, Murray D. Ford and

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Georgina Ford v. Nationstar Mortgage, LLC, Case No. 2:16-cv-00344-RFB-PAL in the United

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States District Court for the District of Nevada.

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2.

“Documents” or “Information” shall mean and include any documents (whether in

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hard copy or electronic form), records, correspondence, analyses, assessments, statements

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(financial or otherwise), responses to discovery, tangible articles or things, whether documentary

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or oral, and other information provided, served, disclosed, filed, or produced, whether voluntarily

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or through discovery or other means, in connection with this Litigation. A draft or non-identical

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copy is a separate document within the meaning of these terms.
3.

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“Party” (or “Parties”) shall mean one party (or all parties) in this Litigation, and

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their in-house and outside counsel. Any “Party” that is a corporate or limited liability entity shall

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only include upper level management officers and personnel that are supporting witnesses to the

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Party in the Litigation. “Producing Party” shall mean any person or entity who provides, serves,

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discloses, files, or produces any Documents or Information. “Receiving Party” shall mean any

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person or entity who receives any such Documents or Information.
4.

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The Parties agree that, in conjunction with the discovery proceedings in this

Greenberg Traurig, LLP
Suite 400 North, 3773 Howard Hughes Parkway
Las Vegas, Nevada 89109
[phone]
[phone] (fax)

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Litigation, the Parties may designate any Document, thing, material, testimony, or other

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Information derived therefrom as “CONFIDENTIAL” under the terms of this Confidentiality

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Agreement and Protective Order (hereinafter “Order”) that shall not be provided or made

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available to third parties except as permitted by, and in accordance with, the provisions of this

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Order. Confidential information is information that has not been made public and contains trade

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secret, proprietary and/or sensitive business or personal information.
5.

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CONFIDENTIAL Documents shall be so designated by marking or stamping

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each page of the Document produced to or received from a Party with the legend

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“CONFIDENTIAL” or by including the word “Confidential” in the name of a natively produced

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document and by including a field for any confidential designations in the corresponding load-

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file.

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6.

Testimony taken at a deposition may be designated as CONFIDENTIAL by any

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Party making a statement to that effect on the record at the deposition or within ten (10) business

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days of receipt of the transcript. Arrangements shall be made with the court reporter taking and

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transcribing such deposition to separately bind such portions of the transcript and deposition

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exhibits containing Information designated as CONFIDENTIAL, and to label such portions

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appropriately. Counsel for the Parties may also designate an entire deposition transcript as

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CONFIDENTIAL at the time of the deposition or within ten (10) business days of receipt of the

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transcript. All testimony taken from the time of the deposition until the transcript is issued by

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the Court reporter shall be presumed CONFIDENTIAL during this interim period, with such

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confidentiality designation to expire if no Party designates the testimony CONFIDENTIAL

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within the 10 business days as required by this Paragraph.

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7.

CONFIDENTIAL Information shall be maintained in strict confidence by the

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Parties who receive such information, shall be used solely for the purposes of this Litigation, and

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shall not be disclosed to any person except:
(a)

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The United States District Court for the District of Nevada, or any other

court to which this matter may be transferred (the “Court”), and persons assisting the Court or

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Greenberg Traurig, LLP
Suite 400 North, 3773 Howard Hughes Parkway
Las Vegas, Nevada 89109
[phone]
[phone] (fax)

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assisting in the Litigation process (including, but not limited to, Court personnel, court reporters,

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stenographic reporters, videographers, and electronic filing personnel);
(b)

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In the event of an appeal, the Ninth Circuit Court of Appeals (the

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“Appellate Court”) and/or the United States Supreme Court (the “Supreme Court”) and persons

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assisting the Appellate Court, or the Supreme Court or assisting in the Litigation process

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(including, but not limited to, Appellate and Supreme Court personnel, court reporters,

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stenographic reporters, videographers, and electronic filing personnel);
(c)

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The attorneys of record in this Litigation and their co-shareholders, co-

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directors, partners, employees, and associates who are assisting in the Litigation (collectively

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hereafter referred to as “Outside Counsel”);
(d)

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A Party, or an officer, director, or employee of a Party or of a Party’s

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affiliate, as long as any such person agrees to be bound by the terms and conditions of this

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Agreement;
(e)

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Subject to the terms of Paragraph 12 below, experts or consultants and

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their staff, and litigation support personnel and their staff, retained by the Parties and/or Outside

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Counsel in this Litigation for the purposes of this Litigation;

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(f)

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Support vendors or contractors retained by Outside Counsel for functions

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directly related to this Litigation, such as copying, document management, and graphic design;

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and
(g)

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Any other person, provided that the Receiving Party has given written

notice to the Producing Party of an intent to disclose specified CONFIDENTIAL Information to

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said person, who shall be identified by name, address, phone number, and relationship, if any, to

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the Receiving Party, and the Producing Party has not provided a written objection to the

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disclosure within ten (10) business days of delivery of the notification. In the event of an

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objection, the Producing Party shall have the right to move the Court for a protective order, and

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Greenberg Traurig, LLP
Suite 400 North, 3773 Howard Hughes Parkway
Las Vegas, Nevada 89109
[phone]
[phone] (fax)

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no disclosure shall be made pending the resolution of such motion for protective order. Before

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any person may receive Documents or Information pursuant to this subparagraph, he or she must

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comply with the requirements of Paragraph 12 below.

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8.

If a witness is providing or is provided CONFIDENTIAL Information during a

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deposition, counsel for the Producing Party may request that all persons other than the witness

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and persons entitled by this Order to have access to the CONFIDENTIAL Information leave the

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deposition room during that portion of the deposition. Failure of any person to comply with such

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a request will constitute sufficient justification for the witness to refuse to answer the question, or

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for the Producing Party to demand that CONFIDENTIAL Information not be provided to the

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witness, pending resolution of the issue.

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9.

All designations of Information as CONFIDENTIAL by the Producing Party must

be made in good faith.
10.

A party may object to the designation of particular Information as

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CONFIDENTIAL by giving written notice to the party designating the disputed Information.

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The written notice shall identify the Information to which the objection is made. If the parties

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cannot resolve the objection within ten (10) business days after the time the notice is received, it

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shall be the obligation of the party designating the Information as CONFIDENTIAL to file an

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appropriate motion requesting that the Court determine whether the disputed Information should

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be subject to the terms of this Protective Order.

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business days after the date the parties fail to resolve the objection, the disputed Information

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shall be treated as CONFIDENTIAL under the terms of this Protective Order until the Court

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rules on the motion.

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time, the disputed Information shall lose its designation as CONFIDENTIAL and shall not

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thereafter be treated as CONFIDENTIAL in accordance with this Protective Order.

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connection with a motion filed under this provision, the party designating the Information as

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CONFIDENTIAL shall bear the burden of establishing that good cause exists for the disputed

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Information to be treated as CONFIDENTIAL.

Greenberg Traurig, LLP
Suite 400 North, 3773 Howard Hughes Parkway
Las Vegas, Nevada 89109
[phone]
[phone] (fax)

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11.

If such a motion is filed within ten (10)

If the designating party fails to file such a motion within the prescribed

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While protected by this Order, any Information designated CONFIDENTIAL

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shall be held in strict confidence by each person to whom it is disclosed; shall be used solely for

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the purposes of this Litigation; and shall not be used for any other purpose, including, without

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limitation, any business or competitive purpose or use in any other lawsuit. Documents and

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Information previously produced by the parties may be designated “Confidential” within 30 days

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after the date of this Order.

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12.

With respect to outside experts or other persons pursuant to Paragraph 7(g), to

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become an authorized expert or other person entitled to access to CONFIDENTIAL Information,

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the expert or other person must be provided with a copy of this Order and must sign a

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certification acknowledging that he/she has carefully and completely read, understands, and

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agrees to be bound by this Order. The Party on whose behalf such a Certification is signed shall

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retain the original Certification.

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13.

Notwithstanding any other provision herein, nothing shall prevent a Party from

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revealing CONFIDENTIAL Information to a person who created or previously received (as an

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addressee or by way of copy) such Information.

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14.

The inadvertent production of any Information without it being properly marked

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or otherwise designated shall not be deemed to waive any claim of confidentiality with respect to

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such Information. If a Producing Party, through inadvertence, produces any CONFIDENTIAL

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Information without marking or designating it as such in accordance with the provisions of this

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Order, the Producing Party may, promptly on discovery, furnish a substitute copy properly

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marked along with written notice to all Parties (or written notice alone as to non-documentary

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Information) that such Information is deemed CONFIDENTIAL and should be treated as such in

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accordance with the provisions of this Order. Each receiving person must treat such Information

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as CONFIDENTIAL in accordance with the notice from the date such notice is received.

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Disclosure of such CONFIDENTIAL Information prior to the receipt of such notice shall not be

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deemed a violation of this Confidentiality Agreement. A Receiving Party who has disclosed

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such CONFIDENTIAL Information prior to the receipt of such notice shall take steps to cure

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Greenberg Traurig, LLP
Suite 400 North, 3773 Howard Hughes Parkway
Las Vegas, Nevada 89109
[phone]
[phone] (fax)

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such disclosure by requesting return of the original document and substituting it with the

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properly marked one.

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A copy of this Order shall be shown to each attorney acting as counsel for a Party

and to each person to whom CONFIDENTIAL Information will be disclosed.
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Nothing in this Order shall be construed as an admission or agreement that any

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specific Information is or is not confidential, subject to discovery, relevant, or admissible in

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evidence in any future proceeding.

Stricken by 17
the court.
The parties 18
shall
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comply with
the
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provisions
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of
LR IA 10-5. 22

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If CONFIDENTIAL Information is contained in any brief or other paper to be

filed in the public record of the Court by a Party, the CONFIDENTIAL Information will be
redacted from such brief or other paper and shall be appropriately marked and separately filed in
a sealed envelope. The envelope shall set forth on its face the case caption, the title of the paper,
a notation that the paper is filed under seal, and the title and date of the Court Order authorizing
the paper to be filed under seal. When e-filing, a Party shall file a 1-page cover sheet stating that

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the CONFIDENTIAL Information was e-filed under seal, and then deliver the aforementioned

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envelope containing the CONFIDENTIAL Information to chambers and/or to the clerk of the

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Court. Upon or before tendering such CONFIDENTIAL Information to the Court for filing, the

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Party shall file a motion with the Court to obtain leave to file it under seal. Such motion shall be

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made in compliance with applicable Court Rules. If such leave is not timely obtained, then the

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Party desiring to file the CONFIDENTIAL Information shall confer in good faith with the

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Producing Party to determine how such Information otherwise may be provided to the Court. If

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the Court ultimately refuses to allow such Information to be filed under seal, then it may be filed

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not under seal. The foregoing shall not apply to CONFIDENTIAL Information submitted to the

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Court in the parties’ Confidential Settlement Statements, if applicable.

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This Order shall not be construed to prevent any Party from making use of or

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disclosing Information that was lawfully obtained by a Party independent of discovery in this

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Litigation, whether or not such material is also obtained through discovery in this Litigation, or

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from using or disclosing its own CONFIDENTIAL Information as it deems appropriate.

Greenberg Traurig, LLP
Suite 400 North, 3773 Howard Hughes Parkway
Las Vegas, Nevada 89109
[phone]
[phone] (fax)

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19.

If either Party becomes required by law, regulation, or order of a court or

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governmental entity to disclose any CONFIDENTIAL Information that has been produced to it

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under the terms of this Order, such Party will reasonably notify the other Parties, in writing, so

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that the original Producing Party has an opportunity to prevent or restrict such disclosure. The

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Party required to disclose any CONFIDENTIAL Information shall use commercially reasonable

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efforts to maintain the confidentiality of such CONFIDENTIAL Information and shall cooperate

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with the Party that originally produced the Information in its efforts to obtain a protective order

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or other protection limiting disclosure; however, the Party required to disclose the Information

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shall not be required to seek a protective order or other protection against disclosure in lieu of, or

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in the absence of, efforts by the Producing Party to do so.

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Upon termination of this Litigation, either by settlement or other action, any Party

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and its counsel that obtained CONFIDENTIAL Information through discovery shall, upon

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request, return all such CONFIDENTIAL Information to the Producing Party or certify as to its

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destruction. Counsel may retain CONFIDENTIAL Information solely for archival purposes. The

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restrictions of this Protective Order shall apply to Counsel for as long as they hold such archival

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Documents.

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21.

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The obligation to treat all Information designated as CONFIDENTIAL in

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accordance with the terms of this Order and not to disclose such CONFIDENTIAL Information

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shall survive any settlement or other termination of this Litigation.
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The inadvertent production of any Information during discovery in this action

shall be without prejudice to any claim that such Information is subject to the attorney-client

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privilege or is protected from discovery as attorney work product. No Party shall be held to have

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waived any rights by such inadvertent production. Upon notification of inadvertent production,

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the receiving Party shall not use or divulge the contents of such Information unless subsequently

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agreed to by the Producing Party or permitted by the Court. Any such inadvertently produced

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Greenberg Traurig, LLP
Suite 400 North, 3773 Howard Hughes Parkway
Las Vegas, Nevada 89109
[phone]
[phone] (fax)

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Information shall be returned by the Receiving Party within three business days of any written

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request therefore. The Receiving Party retains the right to challenge the Information as not

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privileged or otherwise protected and discoverable

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23.

The Parties may seek modification of this Order by the Court at any time, by

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stipulation or for good cause.

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Dated: July 7, 2016

Dated: July 7, 2016

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GREENBERG TRAURIG, LLP

HAINES & KRIEGER, LLC

By:
/s/ Michael R. Hogue
__ JACOB BUNDICK, ESQ.
Nevada Bar No. 9772
MICHAEL R. HOGUE, ESQ.
Nevada Bar No. 12400
3773 Howard Hughes Parkway
Suite 400 North
Las Vegas, Nevada 89169
Telephone:[phone]
Facsimile: [phone]
Emails: [e-mail]
[e-mail]
Attorneys for Defendant Nationstar
Mortgage, LLC

By: /s/ David H. Krieger
DAVID H. KRIEGER, ESQ.
Nevada Bar No. 9086
8985 S. Eastern Avenue
Suite 130
Henderson, NV 89123
Phone: [phone]
Fax: [phone]
Email: [e-mail]

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Greenberg Traurig, LLP
Suite 400 North, 3773 Howard Hughes Parkway
Las Vegas, Nevada 89109
[phone]
[phone] (fax)

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THE DANN LAW FIRM CO., L.P.A.
DANIEL M. SOLAR, ESQ.
Ohio Bar No. 0085632
P.O. Box 6031040
Cleveland, OH 44103
Phone: [phone]
Fax: [phone]
Email: [e-mail]
Pro Hac Vice pending
Attorneys for Plaintiffs Murray D. Ford
and Georgina Ford

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ORDER
IT IS SO ORDERED.

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___________________________________
US MAGISTRATE JUDGE

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DATED: July 19, 2016

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CERTIFICATE OF SERVICE

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I hereby certify that on the 7th day of July, 2016, a true and correct copy of the foregoing

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STIPULATED CONFIDENTIALITY AGREEMENT AND PROTECTIVE ORDER was

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filed electronically via the Court’s CM/ECF system. Notice of filing will be served on all parties

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by operation of the Court’s EM/ECF system, and parties may access this filing through the

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Court’s CM/ECF system.

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David H. Krieger, Esq.
Haines and Krieger, LLC
8985 S. Eastern Avenue
Suite 350
Henderson, Nevada 89123
[e-mail]

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Greenberg Traurig, LLP
Suite 400 North, 3773 Howard Hughes Parkway
Las Vegas, Nevada 89109
[phone]
[phone] (fax)

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THE DANN LAW FIRM CO., L.P.A.
DANIEL M. SOLAR, ESQ.
Ohio Bar No. 0085632
P.O. Box 6031040
Cleveland, OH 44103
Phone: [phone]
Fax: [phone]
[e-mail]

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/s/ Natalie Young
An employee of Greenberg Traurig, LLP

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