Nationstar Mortgage LLC v. Sommerset Homeowners Association et al

Filing 82

ORDER Granting 81 Stipulated Protective Order. Signed by Magistrate Judge Elayna J. Youchah on 1/16/2020. (Copies have been distributed pursuant to the NEF - JQC)

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DARREN T. BRENNER, ESQ.
Nevada Bar No. 8386
WILLIAM S. HABDAS, ESQ.
Nevada Bar No. 13138
Akerman LLP
1635 Village Center Circle, Suite 200
Las Vegas, Nevada 89134
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
Email: [e-mail]
Attorneys for plaintiff Nationstar Mortgage
LLC
UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

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AKERMAN LLP

1635 VILLAGE CENTER CIRCLE, SUITE 200
LAS VEGAS, NEVADA 89134
TEL.: [phone] – FAX: [phone]

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NATIONSTAR MORTGAGE LLC

Case No.: 2:16-cv-00571-APG-EJY

Plaintiff,

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vs.

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STIPULATED PROTECTIVE ORDER

SOMMERSET HOMEOWNERS
ASSOCIATION; ALESSI & KOENIG, LLC;
LEODEGARIO D. SALVADOR D/B/A GDS
FINANCIAL SERVICES,

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Defendants.

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Subject to the court's approval, plaintiff Nationstar Mortgage LLC and defendants

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Sommerset Homeowners Association (Sommerset), and Leodegario D. Salvador D/B/A GDS

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Financial Services (GDS) stipulate as follows.

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

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confidentiality, adequately protect material claimed to be confidential, and ensure protection is

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afforded only to material so designated, it is, pursuant to the Court's authority under FED. R. CIV. P.

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26(c), ORDERED this Protective Order shall govern the disclosure, handling and disposition of

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documents in this litigation as follows:

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…

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…

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…
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1.

Application.

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1.1

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

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is designated as containing "Confidential Information" as defined herein, and is produced in

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connection with this litigation by any person or entity (the "producing party"), whether in response

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to a discovery request, subpoena or otherwise, to any other person or entity (the "receiving party")

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regardless of whether the person or entity producing or receiving such information is a party to this

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litigation.

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2.

Definitions.

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2.1

Confidential Information.

"Confidential Information" shall mean and include,

AKERMAN LLP

1635 VILLAGE CENTER CIRCLE, SUITE 200
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without limitation, any non-public information that concerns or relates to the following areas:

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confidential proprietary information, trade secrets, practices and procedures, personal financial

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information, commercial, financial, pricing, budgeting, and/or accounting information, information

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about existing and potential customers, marketing studies, performance projections, business

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strategies, decisions and/or negotiations, personnel compensation, evaluations and other

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employment information, and confidential proprietary information about affiliates, parents,

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subsidiaries and third-parties with whom the parties to this action have or have had business

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relationships.

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2.2

Documents. As used herein, the term "documents" includes all writings, records,

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files, drawings, graphs, charts, photographs, e-mails, video tapes, audio tapes, compact discs,

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electronic messages, other data compilations from which information can be obtained and other

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tangible things subject to production under the Federal Rules of Civil Procedure.

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3.

Initial Designation.

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3.1

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

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documents, other tangible things and information that the asserting party has a good faith belief are

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within the definition set forth in subparagraph 2.1 of this Protective Order. Objections to such

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claims made pursuant to paragraph 5, below, shall also be made only in good faith.

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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
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Order by describing the documents or materials to be treated as confidential in writing, by page or

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bates number wherever possible and/or shall produce copies bearing a label that contains or

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includes language substantially identical to the following:

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CONFIDENTIAL

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

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copies. If any person or party makes copies of documents designated as containing Confidential

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Information, the copying person or party shall mark each such copy as containing Confidential

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Information in the same form as the Confidentiality notice on the original document.

AKERMAN LLP

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

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paper media, such as compact discs, DVD's, video tapes and audio tapes (collectively, "data storage

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devices") shall designate the data storage device as containing Confidential Information, by affixing

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a label or stamp to the data storage device in the manner described above at the time copies of such

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data storage devices are produced. If the receiving party or other persons or entities to whom

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disclosure is authorized pursuant to subparagraph 7.1 make a copy of any data storage device

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designated by the producing party as containing Confidential Information, the receiving party or

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other authorized person shall mark each such copy as containing Confidential Information in the

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same form as the confidentiality notice on the original data storage device produced. If the

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receiving party or other authorized person prints out or otherwise makes copies of the documents or

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information stored on such data storage device, the receiving party or other authorized person shall

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mark each page so copied with the label or stamp specified in subparagraph 3.2.

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3.3

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

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demand believes that its answer contains Confidential Information, it shall state so in the

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interrogatory response, and that portion of the response will be entitled to the protections of this

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order.

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3.4

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

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inspection and the requesting party elects to inspect them, no designation of Confidential

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Information needs to be made in advance of the inspection. For purposes of such inspection, all

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material produced shall be considered as Confidential Information. If the inspecting party selects
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specified documents to be copied, the producing party shall designate Confidential Information in

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accordance with subparagraph 3.2 at the time the copies are produced.

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3.5

Deposition Transcripts. The party asserting confidentiality shall state on the record

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the portions it deems confidential. The failure to designate testimony on the record as confidential

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shall be a waiver unless the designating party notifies all other parties and files a motion to

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designate the testimony as confidential within 5 days of the notification.

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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

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as "Confidential" pursuant to this Protective Order shall not constitute a waiver of any otherwise

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designating party discovers that information should have but was not designated "Confidential" or

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of the designating party receives notice that would enable the designated party to learn that it has

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disclosed such information, the designating party must immediately notify all other parties. In such

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event, within thirty (30) days of notifying all other parties, the designating parties must also provide

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copies of the "Confidential" information designated in accordance with this Protective Order. After

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receipt of such re-designated information, the "Confidential" information shall be treated as

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required by this Protective Order, and the receiving party(ies) shall promptly, and in no event more

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than fourteen (14) calendar days from the receipt of the re-designated information, return to the

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designated party all previously produced copies of the same unlegended documents or things. The

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designating party and the parties may agree to alternative means. The receiving party(ies) shall

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receive no liability, under this Protective Order or otherwise, for any disclosure of information

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contained in unlegended documents or things occurring before the receiving party was placed on

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notice of the designating party's claims of confidentiality.

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4.

Designations by Another Party.

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4.1

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

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producing party has produced a document that contains or constitutes Confidential Information of

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the non-producing party, the non-producing party may designate the document as Confidential

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Information by so notifying all parties in writing within fourteen (14) days of service of the

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document.
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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

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Confidential Information designation in accordance with subparagraph 3.2 or substitute a copy of

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the document bearing such designation for each copy of the document produced by the producing

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party. Each party shall destroy all undesignated copies of the document or return those copies to the

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producing party, at the direction of the producing party. No party shall disclose a produced

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document to any person, other than the persons authorized to receive Confidential Information

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under subparagraph 7.1, until after the expiration of the fourteen (14) day designation period

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party designates a document produced by a producing party as Confidential Information in

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specified in subparagraph 4.1. If during the fourteen (14) day designation period a party discloses a

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produced document to a person authorized to receive Confidential Information under subparagraph

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7.1, and that document is subsequently designated as Confidential Information in accordance with

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subparagraph 4.1, the disclosing party shall cause all copies of the document to be destroyed or

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returned to the producing party, at the direction of the producing party. The party may thereafter

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disclose a copy of the document that has been marked as Confidential Information by the

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designating party, in accordance with subparagraphs 3.2 and 7.1.

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5.

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

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Information, including objections to portions of designations of multi-page documents, shall notify

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the designating party and all other parties of the objection in writing up to and through trial of the

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matter. This notice must specifically identify each document that the objecting party in good faith

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believes should not be designated as Confidential Information and provide a brief statement of the

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grounds for such belief. In accordance with the Federal Rules of Civil Procedure governing

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discovery disputes, the objecting and the designating parties thereafter shall confer within ten (10)

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days after the date of such objection in an attempt to resolve their differences. If the parties are

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unable to resolve their differences, the objecting party shall have twenty one (21) days after the

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conference concludes to file with the Court a motion to remove the Confidential Information. If an

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objection is served within forty-two (42) days of trial, the objecting party must file its motion to

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remove the Confidential Information designation within half of the remaining time before trial, and
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the meet-and-confer period shall be shortened accordingly. Where a party authored, created, owns,

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or controls a document, information or other material that another party designates as Confidential

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Information, the party that authored, created, owns, or controls the Confidential Information may so

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inform the objecting party and thereafter shall also be considered a designating party for purposes

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of this paragraph.

Information shall be treated as such in accordance with this Protective Order unless and until the

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Court rules otherwise, except for deposition transcripts and exhibits initially considered as

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containing Confidential Information under subparagraph 3.5, which will lose their confidential

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All documents, information and other materials initially designated as Confidential

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1635 VILLAGE CENTER CIRCLE, SUITE 200
LAS VEGAS, NEVADA 89134
TEL.: [phone] – FAX: [phone]

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status after twenty-one (21) days unless so designated as Confidential Information. If the Court

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rules that a designation should not be maintained as to a particular document, the producing party

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shall, upon written request by a party, provide that party a copy of that document without the

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designation described in subparagraph 3.2.

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

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twenty one (21) days after the conference, information or other materials to which an objection has

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been made, the objection shall be deemed withdrawn. The designating party shall have twenty one

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(21) days to respond to the objecting party’s motion. If no response is filed by the designating party

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within twenty one (21) days, the designating party shall be deemed to have consented to the

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objecting party’s motion pursuant to LR 7-2(d).

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6.

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

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summaries thereof, including memoranda relating thereto, shall be retained by the receiving party in

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the custody of counsel of record, or by persons to whom disclosure is authorized under

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subparagraph 7.1.

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7.

Handling Prior to Trial.

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7.1

Authorized Disclosures. Confidential Information shall be disclosed by the receiving

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party only to the following persons:

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a.

Counsel for the parties in this litigation, including their associates, clerks, paralegals,

and secretarial personnel;
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b.

Information, and necessary stenographic, videotape and clerical personnel;

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Qualified persons taking testimony in this litigation involving such Confidential

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

this litigation;

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d.

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

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e.

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

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entity, a limited number of employees of the corporate entity and its insurers;

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f.
otherwise;

AKERMAN LLP

1635 VILLAGE CENTER CIRCLE, SUITE 200
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Designated in-house counsel and a limited number of assistants, administrative or

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Outside vendors employed by counsel for copying, scanning and general handling of

documents;

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h.

Any person of whom testimony is taken regarding the Confidential Information,

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except that such person may only be shown Confidential Information during his/her testimony, and

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may not retain a copy of such Confidential Information; and

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i.
under seal.

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

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

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

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until the receiving party has obtained a written acknowledgment from the person receiving

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Confidential Information, in the form of the Declaration attached hereto as Exhibit A, that he or she

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has received a copy of this Protective Order and has agreed to be bound by it. A party who discloses

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Confidential Information in accordance with subparagraph 7.1 shall retain the written

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acknowledgment from each person receiving Confidential Information, shall maintain a list of all

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persons to whom a receiving party has disclosed Confidential Information and identify what

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documents have been disclosed, and shall furnish the written acknowledgments and disclosure list

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to opposing counsel as follows: (i) for a person under subparagraph (c), within thirty (30) days after

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the person signs the Declaration; and (ii) for a person under subparagraph (d), within thirty (30)
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days after the matter is finally concluded. Disclosure of Confidential Information to this Court,

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including judicial staff, shall be made in accordance with subparagraph 7.4 of this Protective Order.

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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

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Confidential Information is disclosed to any person other than in the manner authorized by this

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Protective Order, the party or person responsible for the disclosure, and any other party or person

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who is subject to this Protective Order and learns of such disclosure, shall immediately bring such

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disclosure to the attention of the designating party. Without prejudice to other rights and remedies

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terms of this Protective Order are under the jurisdiction of the state courts and U.S. federal courts

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1635 VILLAGE CENTER CIRCLE, SUITE 200
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of the designating party, the responsible party or person shall make every effort to obtain and return

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the Confidential Information and to prevent further disclosure on its own part or on the part of the

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person who was the unauthorized recipient of such information.

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7.3

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

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prior to trial, the proposed filing shall be accompanied by a motion to file the Confidential

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Information under seal that complies with Local Rule 10-5(b) and a proposed order, and the

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application and proposed order shall be directed to the judge to whom the Confidential Information

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is directed. This provision is applicable to briefs, memoranda, and other filings which quote,

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summarize, or describe Confidential Information.

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8.

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

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another party shall exercise reasonable and appropriate care with regard to the storage, custody,

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copying, and use of such information to ensure that the confidential and sensitive nature of same is

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maintained.

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9.

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

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be marked and used as trial exhibits by either party, subject to terms and conditions as imposed by

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the Court upon application by any party.

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10.

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

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the right to object, under applicable law, to the furnishing of information in response to discovery

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requests or to object to a requested inspection of documents or facilities. Parties producing
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Confidential Information in this litigation are doing so only pursuant to the terms of this Protective

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Order. The taking of any action in accordance with the provisions of this Protective Order shall not

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be interpreted as a waiver of any claim or position or defense in this action, or any other actions.

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

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construed as an admission that such material, or any testimony concerning such material, would be

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admissible in evidence in this litigation or in any other proceeding.

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12.

Inadvertent Disclosure. Nothing in this Protective Order abridges applicable law

attorney-client communications, attorney work product, or otherwise privileged information. If a

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concerning inadvertent disclosure of a document that the Disclosing Party believes contains

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party inadvertently discloses documents or information subject to a claim of privilege or work

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product protection, such disclosure will not waive otherwise applicable claims of privilege or work

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product protection under applicable law. Upon discovery by the Receiving Party, or receipt of

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written notice from the Disclosing Party identifying privileged or protected Documents that were

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inadvertently produced, the receiving party shall within seven (7) business days either: (a) return or

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certify the destruction of all such documents, all copies, and any work product or portions of any

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work product containing or reflecting the contents of the subject materials; or (b) after attempting to

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resolve any dispute with opposing counsel informally, file a motion to challenge the assertion of

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privilege and tender the subject documents for in camera review with the motion. The moving party

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shall do nothing to compromise the privilege claim until the Court rules on said motion and the

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opportunity for appellate review is exhausted or the issue is otherwise resolved.

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13.

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

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in their use of their own documents and information, and nothing in this Protective Order shall

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preclude any party from voluntarily disclosing its own documents or information to any party or

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nonparty.

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14.

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

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any third party subpoenas Confidential Information from a party to this action or moves to compel a

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party to this action to produce any such information, such party shall immediately notify the parties

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who originally produced and/or designated such information that a subpoena has been served or a
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information the opportunity to seek a protective order or oppose the motion or application. If,

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within thirty (30) days after receiving notice of a subpoena seeking Confidential Information from a

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receiving party, the party who originally produced and/or designated such information fails to move

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for a protective order, the party subject to the subpoena may produce said information. In addition,

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if a party is ordered to produce Confidential Information covered by this Protective Order, then

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notice and, if available, a copy of the order compelling disclosure shall immediately be given the

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parties who originally produced and/or designated such information. Nothing in this Protective

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Order shall be construed as requiring the party who is ordered to produce such Confidential

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motion has been made in order to allow the parties who originally produced and/or designated such

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Information to challenge or appeal any order requiring the production of such information or to

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subject himself/herself to any penalty for non-compliance with any legal process or seek any relief

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from the Court.

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15.

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

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diminish any pre-existing contractual, statutory, or other legal obligations or rights of any party

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with respect to Confidential Information.

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16.

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

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of this Protective Order, or seeks a protective order which incorporates the terms and conditions of

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this Protective Order said party shall make such request by written stipulation or noticed motion to

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all parties that must be served and filed in accordance with local court rules.

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17.

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

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whom disclosure was made agree to return all Confidential Information to the designating party

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within thirty (30) days of the conclusion of litigation between the parties, including final appellate

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action or the expiration of time to appeal or seek further review. In addition, counsel shall certify in

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writing that all such Confidential Information have been returned. Counsel for each party also shall

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contact each person to whom that party has provided a copy of any Confidential Information and

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request the documents be returned. In lieu of returning Confidential Information, the person or party

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in possession of such information may elect to destroy it.

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If the person or party in possession of Confidential Information elects to destroy it rather than

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return it, that person or party must notify the designating party in writing of the destruction of the

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information within ninety (90) days of the conclusion of litigation between the parties, including

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final appellate action or the expiration of time to appeal or seek further review.

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AKERMAN LLP

LIPSON NEILSON COLE SELTZER & GARIN P.C.

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/s/ William S. Habdas
DARREN T. BRENNER, ESQ.
Nevada Bar No. 8386
WILLIAM S. HABDAS, ESQ.
Nevada Bar No. 13138
1635 Village Center Circle, Suite 200
Las Vegas, NV 89134

/s/ Amber Williams
J. WILLIAM EBERT, Esq.
Nevada Bar No. 2697
AMBER M. WILLIAMS, Esq.
Nevada Bar No. 12301
9900 Covington Cross Drive, Suite 120
Las Vegas, NV 89144

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Attorneys for Nationstar Mortgage LLC

Attorneys for Sommerset Homeowners Ass'n

LEODEGARIO D. SALVADOR D/B/A GDS
FINANCIAL SERVICES

Leodegario D. Salvador
33-10 31st Avenue
Astoria, NY 11106
Pro Se

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AKERMAN LLP

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1635 VILLAGE CENTER CIRCLE, SUITE 200
LAS VEGAS, NEVADA 89134
TEL.: [phone] – FAX: [phone]

This the 15th day of January, 2020.

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/s/ Leodegario D. Salvador
Leodegario D. Salvador
33-10 31st Avenue
Astoria, NY 11106
Pro se

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IT IS SO ORDERED.

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______________________________________
UNITED STATES MAGISTRATE JUDGE

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January 16, 2020
DATED:_______________________________

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EXHIBIT A

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ACKNOWLEDGEMENT AND AGREEMENT TO BE BOUND

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

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________________, 2020, in the case of Nationstar Mortgage LLC v. Sommerset Homeowners

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Association, et al., Case No. 2:16-cv-00571-APG-EJY. I agree to comply with and be bound by all

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terms of this Protective Order and I understand and acknowledge that failure to so comply could

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expose me to sanctions and punishment in the nature of contempt. I solemnly promise that I will not

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disclose in any manner any information or item that is subject to this Protective Order to any person

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

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or entity except in strict compliance with this Protective Order. Further, I solemnly promise that I

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will not offer to sell, advertise or publicize that I have obtained any protected material subject to this

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Protective Order.

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

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

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destroy those materials.

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

I understand that any confidential information contained within any

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

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

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proceedings occur after termination of this action.

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

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Date: ____________________________

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City and State where signed: ________________________________

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Printed Name: ___________________________________________

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Address: ________________________________________________
Signature: _______________________________________________

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