Maldonado v. HSBC Mortgage Services, Inc.

Filing 39

PROTECTIVE ORDER Regarding Confidentiality of Discovery Materials. Signed by Magistrate Judge Cam Ferenbach on 4/10/2017. (Copies have been distributed pursuant to the NEF - SLD)

Download PDF
1 2 3 4 5 6 7 8 9 10 JACOB D. BUNDICK, ESQ. (NV Bar No. 9772) GREENBERG TRAURIG, LLP 3773 Howard Hughes Parkway, Suite 400N Las Vegas, Nevada 89169 Telephone: (702) 792-3773 Facsimile: (702) 792-9002 LOUIS SMITH, ESQ. (admitted pro hac vice) 500 Campus Drive, Suite 400 Florham Park, New Jersey 07932-0677 Telephone: (973) 360-7900 Facsimile: (973) 301-8410 Counsel for Defendant HSBC Mortgage Services, Inc. 11 UNITED STATES DISTRICT COURT 12 DISTRICT OF NEVADA 13 14 15 16 17 RAYMOND MALDONADO, individually and on CASE NO. 2:16-cv-00784-JAD-VCF behalf of all others similarly situated, STIPULATED PROTECTIVE ORDER Plaintiff, REGARDING CONFIDENTIALITY OF DISCOVERY MATERIALS v. HSBC MORTGAGE SERVICES, INC.; Defendant. 18 19 IT IS HEREBY STIPULATED by and between Plaintiff Raymond Maldonado (“Plaintiff”) and 20 Defendant HSBC Mortgage Services, Inc. (“HSBC”), through their respective attorneys of record as 21 follows: 22 WHEREAS, documents and information may be sought, produced, or exhibited by and among 23 the parties to this action relating to sensitive and confidential business, financial, or other proprietary 24 information belonging to HSBC, and/or personal financial, credit, and other confidential information 25 belonging to Plaintiff and/or other individuals. 26 27 THEREFORE, an Order of this Court protecting such confidential information shall be and hereby is made by this Court on the following terms: 28 1 1 1. This Order shall govern the use, handling, and disclosure of all documents, testimony, or 2 information produced or given in this action which are designated to be subject to this Order in 3 accordance with the terms hereof. 4 2. Any party or non-party producing documents or other materials in this action may 5 designate such materials and the information contained therein subject to this Order by typing or 6 stamping “Confidential” on the front of the document, or on the portion(s) of the document for which 7 confidential treatment is designated, or by otherwise indicating in writing or stating on the record at a 8 deposition that such materials are subject to this Order. 9 3. A party who intends to file with the Court documents or information designated by 10 another party as “Confidential” must provide the designating party with seven (7) days’ written notice of 11 its intent to file. If the designating party believes the relevant standard for sealing can be met, it shall 12 advise the filing party of its intent to move to seal the “Confidential” material no later than four (4) days 13 after receiving notice of the intended filing. The “Confidential” material must then be filed under seal, 14 and the designating party must file a motion to seal in accordance with the requirements of Civil Local 15 Rule IA 10-5 and the controlling directives of the Ninth Circuit on the same date as the underlying 16 filing. If the designating party fails to timely advise the filing party of its intent to move to seal the 17 “Confidential” material, the material may be publicly filed. 18 4. All documents, transcripts, or other materials subject to this Order, and all information 19 derived therefrom (including, but not limited to, all testimony given in a deposition, declaration or 20 otherwise, that refers, reflects, or otherwise discusses any information designated “Confidential”), shall 21 not be used, directly or indirectly, by any person, for any business, commercial, or competitive 22 purposes, or for any purpose whatsoever, other than solely in connection with this action and in 23 accordance with the provisions of this Order. 24 5. Except with the prior written consent of the individual or entity designating a document 25 or portions of a document as “Confidential,” or pursuant to prior Order after notice, any document, 26 transcript, or pleading given “Confidential” treatment under this Order, and any information contained 27 in, or derived from any such materials (including, but not limited to, all deposition testimony that refers 28 to, reflects, or otherwise discusses any information designated “Confidential” hereunder) may not be 2 1 disclosed other than in accordance with this Order and may not be disclosed to any person other than: 2 (a) the Court and its officers; (b) parties to this litigation; (c) counsel for the parties, whether retained 3 outside counsel or in-house counsel, and employees of counsel assigned to assist such counsel in the 4 preparation of this litigation, including outside vendors; (d) fact witnesses subject to a proffer to the 5 Court or a stipulation of the parties that such witnesses need to know such information; (e) present or 6 former employees of the Producing Party in connection with their depositions in this action (provided 7 that no former employees shall be shown documents prepared after the date of his or her departure); and 8 (f) experts specifically retained as consultants or expert witnesses in connection with this litigation. 9 6. Documents produced pursuant to this Order shall not be made available to any person 10 designated in Subparagraph 5(f) unless he or she has first read this Order, agreed to be bound by its 11 terms, and signed the attached Declaration of Compliance. 12 7. All persons receiving any or all documents produced pursuant to this Order shall be 13 advised of their confidential nature. No person receiving or reviewing such confidential documents, 14 information, or transcript shall disseminate or disclose them to any person other than those described 15 above in Paragraph 5 and for the purposes specified, and in no event shall such person make any other 16 use of such document or transcript. 17 18 19 8. Nothing in this Order shall prevent a party from using at trial any information or materials designated “Confidential.” 9. This Order has been agreed to by the parties to facilitate discovery and the production of 20 relevant evidence in this action. Neither the entry of this Order, nor the designation of any information, 21 document, or the like as “Confidential,” nor the failure to make such designation, shall constitute 22 evidence with respect to any issue in this action. 23 10. Within sixty (60) days after the final termination of this litigation, all documents, 24 transcripts, or other materials afforded confidential treatment pursuant to this Order, including any 25 extracts, summaries, or complications taken therefrom, but excluding any materials which in the good 26 faith judgment of counsel are work product materials, shall be returned to the Producing Party or 27 destroyed. 28 3 1 11. In the event that any party to this litigation disagrees at any point in these proceedings 2 with any designation made under this Protective Order, the parties shall first try to resolve such dispute 3 in good faith on an informal basis in accordance with Civil Local Rule 26-7. If the dispute cannot be 4 resolved, the party objecting to the designation may seek appropriate relief from this Court. During the 5 pendency of any challenge to the designation of a document or information, the designated document or 6 information shall continue to be treated as “Confidential” subject to the provisions of this Protective 7 Order. 8 9 10 12. documents or to the information obtained or developed independently of documents, transcripts, and materials afforded confidential treatment pursuant to this Order. 11 12 Nothing herein shall affect or restrict the rights of any party with respect to its own 13. The Court retains the right to allow disclosure of any subject covered by this Order or to modify this Order at any time in the interest of justice. DATED this 10th day of April 2017. 13 14 GREENBERG TRAURIG, LLP 15 By: 16 17 18 19 20 21 22 23 KAZEROUNI LAW GROUP, APC /s/ Jacob D. Bundick Jacob D. Bundick (NV Bar No. 9772) 3773 Howard Hughes Parkway #400N Las Vegas, Nevada 89169 Telephone: (702) 792-3773 Facsimile: (702) 792-9002 /s/ Louis Smith Louis Smith (admitted pro hac vice) 500 Campus Drive, Suite 400 Florham Park, New Jersey 07932 Telephone: (973) 360-7900 Facsimile: (973) 301-8410 Attorneys for HSBC Mortgage Services, Inc. By: 24 By: /s/ Michael Kind Michael Kind (NV Bar No. 13903) 7854 W. Sahara Avenue Las Vegas, Nevada 89117 Telephone: (800) 400-6808 x7 Facsimile: (800) 520-5523 HAINES & KRIEGER, LLC /s/ David H. Krieger David H. Krieger (NV Bar No. 9086) 8985 S. Eastern Avenue, Suite 350 Henderson, Nevada 89123 Telephone: (702) 880-5554 Facsimile: (702) 385-5518 Attorneys for Plaintiff Raymond Maldonado By: 25 26 27 28 ORDER IT IS SO ORDERED. _________________________________________ United States Magistrate Judge April 10th DATED this ___ day of _________________ 2017. 4 1 EXHIBIT A 2 DECLARATION OF COMPLIANCE 3 I, _______________________________________________, declare as follows: 4 1. My address is ___________________________________________________________. 5 2. My present employer is ___________________________________________________. 6 3. My present occupation or job description is ____________________________________. 7 4. I have received a copy of the Stipulated Protective Order entered in this action on 8 ________________________________, 201__. 9 5. I have carefully read and understand the provisions of this Stipulated Protective Order. 10 6. I will comply with all provisions of this Stipulated Protective Order. 11 7. I will hold in confidence, and will not disclose to anyone not qualified under the 12 Stipulated Protective Order, and any information, documents, or other materials produced subject to this 13 Stipulated Protective Order. 14 15 16 8. I will use such information, documents, or other materials produced subject to this Stipulated Protective Order only for purposes of this present action. 9. Upon termination of this action, or upon request, I will return and deliver all information, 17 documents or other materials produced subject to this Stipulated Protective Order, and all documents or 18 things which I have prepared relating to the information, documents or other materials that are subject to 19 the Stipulated Protective Order, to my counsel in this action, or to counsel for the party by whom I am 20 employed or retained or from whom I received the documents. 21 22 23 24 25 26 27 10. I hereby submit to the jurisdiction of this Court for the purposes of enforcing the Stipulated Protective Order in this action. I declare under penalty of perjury under the laws of the United States that the foregoing is true and correct. Executed this _____ day of ________________________, 201__ at _____________________. _________________________________________ QUALIFIED PERSON 28 5 1 CERTIFICATE OF SERVICE 2 I hereby certify that on April 10, 2017, I electronically filed the foregoing STIPULATED 3 PROTECTIVE ORDER REGARDING CONFIDENTIALITY OF DISCOVERY MATERIALS 4 with the Clerk of Court for the United States District Court for the District of Nevada by using the 5 Court’s CM/ECF system. Participants in the case who are registered CM/ECF users will be served by 6 the CM/ECF system. 7 8 _/s/ Sandy Jackson__________________________ An employee of Greenberg Traurig, LLP 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 6

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?