U.S. Bank, National Association v. Sunridge Heights Homeowners Association et al

Filing 67

PROTECTIVE ORDER. Signed by Magistrate Judge Peggy A. Leen on 6/13/2018. (Copies have been distributed pursuant to the NEF - SLD)

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Case 2:16-cv-00899-GMN-PAL Document 64 Filed 06/12/18 Page 1 of 13 1 2 3 4 5 6 7 8 9 MELANIE D. MORGAN, ESQ. Nevada Bar No. 8215 JAMIE K. COMBS, ESQ. Nevada Bar No. 13088 AKERMAN LLP 1160 Town Center Drive, Suite 330 Las Vegas, NV 89144 Telephone: (702) 634-5000 Facsimile: (702) 380-8572 Email: melanie.morgan@akerman.com jamie.combs@akerman.com Attorneys for U.S. Bank National Association, Successor Trustee to Wachovia Bank, National Association, as Trustee for the Holders of Banc of America Funding Corporation 2004-B Trust AKERMAN LLP 1160 TOWN CENTER DRIVE, SUITE 330 LAS VEGAS, NEVADA 89144 TEL.: (702) 634-5000 – FAX: (702) 380-8572 10 UNITED STATES DISTRICT COURT 11 DISTRICT OF NEVADA 12 13 14 15 U.S. BANK, NATIONAL ASSOCIATION, SUCCESSOR TRUSTEE TO WACHOVIA BANK, NATIONAL ASSOCIATION, AS TRUSTEE FOR THE HOLDERS OF BANC OF AMERICA FUNDING CORPORATION 2004B TRUST, Plaintiff, 16 vs. 17 SUNRIDGE HEIGHTS HOMEOWNERS ASSOCIATION; SFR INVESTMENTS POOL 1, LLC; and NEVADA ASSOCIATION SERVICES, INC., 18 19 20 21 Defendants. SFR INVESTMENTS POOL 1, LLC, a Nevada limited liability company, Counter/Cross-Claimant, 22 vs. 23 U.S. BANK, NATIONAL ASSOCIATION, SUCCESSOR TRUSTEE TO WACHOVIA BANK, N.A., AS TRUSTEE OF THE HOLDERS OF BANC OF AMERICA FUNDING CORPORATION 2004-B TRUST; and SUZIE NGUYEN SU, an INDIVIDUAL, 24 25 26 Counter/Cross-Defendant. 27 28 1 43073894;1 45482256;1 Case No.: 2:16-cv-00899-GMN-PAL STIPULATED PROTECTIVE ORDER Case 2:16-cv-00899-GMN-PAL Document 64 Filed 06/12/18 Page 2 of 13 1 Subject to the Court's approval, plaintiff and counter-defendant U.S. Bank, National 2 Association, Successor Trustee to Wachovia Bank, N.A., as Trustee for the Holders of Banc of 3 America Funding Corporation 2004-B Trust, defendant Sunridge Heights Homeowners Association, 4 defendant, counterclaimant and cross-claimant SFR Investments Pool 1, LLC, and defendant Nevada 5 Association Services, Inc. stipulate as follows: 6 To expedite the flow of discovery, facilitate the prompt resolution of disputes over 7 confidentiality, adequately protect material claimed to be confidential, and ensure protection is 8 afforded only to material so designated, it is, pursuant to the Court's authority under FED. R. CIV. P. 9 26(c), ORDERED this Protective Order shall govern the disclosure, handling and disposition of AKERMAN LLP 1160 TOWN CENTER DRIVE, SUITE 330 LAS VEGAS, NEVADA 89144 TEL.: (702) 634-5000 – FAX: (702) 380-8572 10 documents in this litigation as follows: 11 1. Application. 12 1.1 This Protective Order shall govern any document, information or other material that 13 is designated as containing "Confidential Information" as defined herein, and is produced in 14 connection with this litigation by any person or entity (the "producing party"), whether in response 15 to a discovery request, subpoena or otherwise, to any other person or entity (the "receiving party") 16 regardless of whether the person or entity producing or receiving such information is a party to this 17 litigation. 18 2. Definitions. 19 2.1 Confidential Information. "Confidential Information" shall mean and include, 20 without limitation, any non-public information that concerns or relates to the following areas: 21 confidential proprietary information, trade secrets, practices and procedures, personal financial 22 information, commercial, financial, pricing, budgeting, and/or accounting information, information 23 about existing and potential customers, marketing studies, performance projections, business 24 strategies, decisions and/or negotiations, personnel compensation, evaluations and other 25 employment information, and confidential proprietary information about affiliates, parents, 26 subsidiaries and third-parties with whom the parties to this action have or have had business 27 relationships. 28 /// 2 43073894;1 45482256;1 Case 2:16-cv-00899-GMN-PAL Document 64 Filed 06/12/18 Page 3 of 13 1 2.2 Documents. As used herein, the term "documents" includes all writings, records, 2 files, drawings, graphs, charts, photographs, e-mails, video tapes, audio tapes, compact discs, 3 electronic messages, other data compilations from which information can be obtained and other 4 tangible things subject to production under the Federal Rules of Civil Procedure. 5 3. Initial Designation. 6 3.1 Good Faith Claims. Claims of confidentiality will be made only with respect to 7 documents, other tangible things and information that the asserting party has a good faith belief are 8 within the definition set forth in subparagraph 2.1 of this Protective Order. Objections to such 9 claims made pursuant to paragraph 5, below, shall also be made only in good faith. AKERMAN LLP 1160 TOWN CENTER DRIVE, SUITE 330 LAS VEGAS, NEVADA 89144 TEL.: (702) 634-5000 – FAX: (702) 380-8572 10 3.2 Produced Documents. A party producing documents that it believes constitute or 11 contain Confidential Information shall state that the material is being produced under this Protective 12 Order by describing the documents or materials to be treated as confidential in writing, by page or 13 bates number wherever possible and/or shall produce copies bearing a label that contains or 14 includes language substantially identical to the following: 15 CONFIDENTIAL 16 This label shall be affixed in a manner that does not obliterate or obscure the contents of the 17 copies. If any person or party makes copies of documents designated as containing Confidential 18 Information, the copying person or party shall mark each such copy as containing Confidential 19 Information in the same form as the Confidentiality notice on the original document. 20 A party producing documents that are stored on electronic, magnetic, optical or other non- 21 paper media, such as compact discs, DVD's, video tapes and audio tapes (collectively, "data storage 22 devices") shall designate the data storage device as containing Confidential Information, by affixing 23 a label or stamp to the data storage device in the manner described above at the time copies of such 24 data storage devices are produced. If the receiving party or other persons or entities to whom 25 disclosure is authorized pursuant to subparagraph 7.1 make a copy of any data storage device 26 designated by the producing party as containing Confidential Information, the receiving party or 27 other authorized person shall mark each such copy as containing Confidential Information in the 28 same form as the confidentiality notice on the original data storage device produced. If the 3 43073894;1 45482256;1 Case 2:16-cv-00899-GMN-PAL Document 64 Filed 06/12/18 Page 4 of 13 1 receiving party or other authorized person prints out or otherwise makes copies of the documents or 2 information stored on such data storage device, the receiving party or other authorized person shall 3 mark each page so copied with the label or stamp specified in subparagraph 3.2. 4 3.3 Interrogatory Answers. If a party answering an interrogatory or other discovery 5 demand believes that its answer contains Confidential Information, it shall state so in the 6 interrogatory response, and that portion of the response will be entitled to the protections of this 7 order. 8 3.4 Inspection of Documents. In the event a party elects to produce files and records for AKERMAN LLP inspection and the requesting party elects to inspect them, no designation of Confidential 10 1160 TOWN CENTER DRIVE, SUITE 330 LAS VEGAS, NEVADA 89144 TEL.: (702) 634-5000 – FAX: (702) 380-8572 9 Information needs to be made in advance of the inspection. For purposes of such inspection, all 11 material produced shall be considered as Confidential Information. If the inspecting party selects 12 specified documents to be copied, the producing party shall designate Confidential Information in 13 accordance with subparagraph 3.2 at the time the copies are produced. 14 3.5 Deposition Transcripts. The party asserting confidentiality shall state on the record 15 the portions it deems confidential. The failure to designate testimony on the record as confidential 16 shall be a waiver unless the designating party notifies all other parties and files a motion to 17 designate the testimony as confidential within 5 days of the notification. 18 3.6 Inadvertent Failure to Designate. Inadvertent failure to identify documents or things 19 as "Confidential" pursuant to this Protective Order shall not constitute a waiver of any otherwise 20 valid claim for protection, provided that the provisions of this paragraph are satisfied. If the 21 designating party discovers that information should have but was not designated "Confidential" or 22 of the designating party receives notice that would enable the designated party to learn that it has 23 disclosed such information, the designating party must immediately notify all other parties. In such 24 event, within thirty (30) days of notifying all other parties, the designating parties must also provide 25 copies of the "Confidential" information designated in accordance with this Protective Order. After 26 receipt of such re-designated information, the "Confidential" information shall be treated as 27 required by this Protective Order, and the receiving party(ies) shall promptly, and in no event more 28 than fourteen (14) calendar days from the receipt of the re-designated information, return to the 4 43073894;1 45482256;1 Case 2:16-cv-00899-GMN-PAL Document 64 Filed 06/12/18 Page 5 of 13 1 designated party all previously produced copies of the same unlegended documents or things. The 2 designating party and the parties may agree to alternative means. The receiving party(ies) shall 3 receive no liability, under this Protective Order or otherwise, for any disclosure of information 4 contained in unlegended documents or things occurring before the receiving party was placed on 5 notice of the designating party's claims of confidentiality. 6 4. Designations by Another Party. 7 4.1 Notification of Designation. If a party other than the producing party believes that a the non-producing party, the non-producing party may designate the document as Confidential 10 AKERMAN LLP producing party has produced a document that contains or constitutes Confidential Information of 9 1160 TOWN CENTER DRIVE, SUITE 330 LAS VEGAS, NEVADA 89144 TEL.: (702) 634-5000 – FAX: (702) 380-8572 8 Information by so notifying all parties in writing within fourteen (14) days of service of the 11 document. 12 4.2 Return of Documents; Non-disclosure. Whenever a party other than the producing 13 party designates a document produced by a producing party as Confidential Information in 14 accordance with subparagraph 4.1, each party receiving the document shall either add the 15 Confidential Information designation in accordance with subparagraph 3.2 or substitute a copy of 16 the document bearing such designation for each copy of the document produced by the producing 17 party. Each party shall destroy all undesignated copies of the document or return those copies to the 18 producing party, at the direction of the producing party. No party shall disclose a produced 19 document to any person, other than the persons authorized to receive Confidential Information 20 under subparagraph 7.1, until after the expiration of the fourteen (14) day designation period 21 specified in subparagraph 4.1. If during the fourteen (14) day designation period a party discloses a 22 produced document to a person authorized to receive Confidential Information under subparagraph 23 7.1, and that document is subsequently designated as Confidential Information in accordance with 24 subparagraph 4.1, the disclosing party shall cause all copies of the document to be destroyed or 25 returned to the producing party, at the direction of the producing party. The party may thereafter 26 disclose a copy of the document that has been marked as Confidential Information by the 27 designating party, in accordance with subparagraphs 3.2 and 7.1. 28 /// 5 43073894;1 45482256;1 Case 2:16-cv-00899-GMN-PAL Document 64 Filed 06/12/18 Page 6 of 13 1 5. Objections to Designations. Any party objecting to a designation of Confidential the designating party and all other parties of the objection in writing forty-five (45) days before trial 4 of the matter. This notice must specifically identify each document that the objecting party in good 5 faith believes should not be designated as Confidential Information and provide a brief statement of 6 the grounds for such belief. In accordance with the Federal Rules of Civil Procedure governing 7 discovery disputes, the objecting and the designating parties thereafter shall confer within ten (10) 8 days after the date of such objection in an attempt to resolve their differences. If the parties are 9 unable to resolve their differences, the designating party shall have fourteen (14) days after the 10 AKERMAN LLP Information, including objections to portions of designations of multi-page documents, shall notify 3 1160 TOWN CENTER DRIVE, SUITE 330 LAS VEGAS, NEVADA 89144 TEL.: (702) 634-5000 – FAX: (702) 380-8572 2 conference concludes to file with the Court a motion to deem the information as Confidential 11 Information. Where a party authored, created, owns, or controls a document, information or other 12 material that another party designates as Confidential Information, the party that authored, created, 13 owns, or controls the Confidential Information may so inform the objecting party and thereafter 14 shall also be considered a designating party for purposes of this paragraph. 15 All documents, information and other materials initially designated as Confidential 16 Information shall be treated as such in accordance with this Protective Order unless and until the 17 Court rules otherwise, except for deposition transcripts and exhibits initially considered as 18 containing Confidential Information under subparagraph 3.5, which will lose their confidential status 19 after fourteen (14) days unless so designated as Confidential Information. If the Court rules that a 20 designation should not be maintained as to a particular document, the producing party shall, upon 21 written request by a party, provide that party a copy of that document without the designation 22 described in subparagraph 3.2. 23 If a designating party elects not to make such a motion with respect to documents within 24 fourteen (14) days after the conference, information or other materials to which an objection has been 25 made, the Confidential Information designation shall be deemed withdrawn. The objecting party shall 26 have fourteen (14) days to respond to the objecting party's motion. If no response is filed by the 27 objecting party within fourteen (14) days, the objecting party shall be deemed to have consented to the 28 designating party's motion. 6 43073894;1 45482256;1 Case 2:16-cv-00899-GMN-PAL Document 64 Filed 06/12/18 Page 7 of 13 1 6. Custody. All Confidential Information and any and all copies, extracts and 2 summaries thereof, including memoranda relating thereto, shall be retained by the receiving party in 3 the custody of counsel of record, or by persons to whom disclosure is authorized under 4 subparagraph 7.1. 5 7. Handling Prior to Trial. 6 7.1 Authorized Disclosures. Confidential Information shall be disclosed by the receiving 7 party only to the following persons: 8 9 a. and secretarial personnel; AKERMAN LLP 1160 TOWN CENTER DRIVE, SUITE 330 LAS VEGAS, NEVADA 89144 TEL.: (702) 634-5000 – FAX: (702) 380-8572 10 11 b. Qualified persons taking testimony in this litigation involving such Confidential Information, and necessary stenographic, videotape and clerical personnel; 12 13 Counsel for the parties in this litigation, including their associates, clerks, paralegals, c. Experts and their staff who are retained by counsel as expert witnesses for a party in this litigation; 14 d. Experts and their staff who are consulted by counsel for a party in this litigation; 15 e. Parties to this litigation, limited to the named party and, if that party is a corporate 16 entity, a limited number of employees of the corporate entity and its insurers; 17 18 f. otherwise; 19 20 Designated in-house counsel and a limited number of assistants, administrative or g. Outside vendors employed by counsel for copying, scanning and general handling of documents; 21 h. Any person of whom testimony is taken regarding the Confidential Information, 22 except that such person may only be shown Confidential Information during his/her testimony, and 23 may not retain a copy of such Confidential Information; and 24 25 i. under seal. 26 27 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. 28 Confidential Information may not be disclosed to persons under subparagraphs (c) or (d) 7 43073894;1 45482256;1 Case 2:16-cv-00899-GMN-PAL Document 64 Filed 06/12/18 Page 8 of 13 until the receiving party has obtained a written acknowledgment from the person receiving 2 Confidential Information, in the form of the Declaration attached hereto as Exhibit A, that he or she 3 has received a copy of this Protective Order and has agreed to be bound by it. A party who discloses 4 Confidential Information in accordance with subparagraph 7.1 shall retain the written 5 acknowledgment from each person receiving Confidential Information, shall maintain a list of all 6 persons to whom a receiving party has disclosed Confidential Information and identify what 7 documents have been disclosed, and shall furnish the written acknowledgments and disclosure list 8 to opposing counsel as follows: (i) for a person under subparagraph (c), within thirty (30) days after 9 the person signs the Declaration; and (ii) for a person under subparagraph (d), within thirty (30) 10 1160 TOWN CENTER DRIVE, SUITE 330 LAS VEGAS, NEVADA 89144 TEL.: (702) 634-5000 – FAX: (702) 380-8572 1 days after the matter is finally concluded. Disclosure of Confidential Information to this Court, 11 including judicial staff, shall be made in accordance with subparagraph 7.4 of this Protective Order. terms of this Protective Order are under the jurisdiction of the state courts and U.S. federal courts 14 located in Nevada for all matters arising from the improper disclosure or use of such information. If 15 Confidential Information is disclosed to any person other than in the manner authorized by this 16 Protective Order, the party or person responsible for the disclosure, and any other party or person 17 who is subject to this Protective Order and learns of such disclosure, shall immediately bring such 18 disclosure to the attention of the designating party. Without prejudice to other rights and remedies 19 of the designating party, the responsible party or person shall make every effort to obtain and return 20 the Confidential Information and to prevent further disclosure on its own part or on the part of the 21 person who was the unauthorized recipient of such information. AKERMAN LLP Stricken 12 by the court. 13 7.2 22 7.3 Unauthorized Disclosures. All persons receiving Confidential Information under the Court Filings. In the event any Confidential Information must be filed with the Court 23 prior to trial, the proposed filing shall be accompanied by a motion to file the Confidential 24 Information under seal that complies with Local Rule 10-5(b) and a proposed order, and the 25 application and proposed order shall be directed to the judge to whom the Confidential Information 26 is directed. This provision is applicable to briefs, memoranda, and other filings which quote, 27 summarize, or describe Confidential Information. 28 8. 43073894;1 45482256;1 Care in Storage. Any person in possession of Confidential Information produced by 8 Case 2:16-cv-00899-GMN-PAL Document 64 Filed 06/12/18 Page 9 of 13 1 another party shall exercise reasonable and appropriate care with regard to the storage, custody, 2 copying, and use of such information to ensure that the confidential and sensitive nature of same is 3 maintained. 4 9. Handling During Trial. Confidential Information that is subject to this Order may 5 be marked and used as trial exhibits by either party, subject to terms and conditions as imposed by 6 the Court upon application by any party. 7 10. No Implied Waivers. This Protective Order shall not be interpreted as a waiver of requests or to object to a requested inspection of documents or facilities. Parties producing 10 AKERMAN LLP the right to object, under applicable law, to the furnishing of information in response to discovery 9 1160 TOWN CENTER DRIVE, SUITE 330 LAS VEGAS, NEVADA 89144 TEL.: (702) 634-5000 – FAX: (702) 380-8572 8 Confidential Information in this litigation are doing so only pursuant to the terms of this Protective 11 Order. The taking of any action in accordance with the provisions of this Protective Order shall not 12 be interpreted as a waiver of any claim or position or defense in this action, or any other actions. 13 11. No Admission. The designation of any item as Confidential Information shall not be 14 construed as an admission that such material, or any testimony concerning such material, would be 15 admissible in evidence in this litigation or in any other proceeding. 16 12. Inadvertent Disclosure. Nothing in this Protective Order abridges applicable law 17 concerning inadvertent disclosure of a document that the Disclosing Party believes contains 18 attorney-client communications, attorney work product, or otherwise privileged information. If a 19 party inadvertently discloses documents or information subject to a claim of privilege or work 20 product protection, such disclosure will not waive otherwise applicable claims of privilege or work 21 product protection under applicable law. Upon discovery by the Receiving Party, or receipt of 22 written notice from the Disclosing Party identifying privileged or protected Documents that were 23 inadvertently produced, the receiving party shall within seven (7) business days either: (a) return or 24 certify the destruction of all such documents, all copies, and any work product or portions of any 25 work product containing or reflecting the contents of the subject materials; or (b) after attempting to 26 resolve any dispute with opposing counsel informally, file a motion to challenge the assertion of 27 privilege and tender the subject documents for in camera review with the motion. The moving party 28 shall do nothing to compromise the privilege claim until the Court rules on said motion and the 9 43073894;1 45482256;1 Case 2:16-cv-00899-GMN-PAL Document 64 Filed 06/12/18 Page 10 of 13 1 opportunity for appellate review is exhausted or the issue is otherwise resolved. 2 13. Parties' Own Documents. This Protective Order shall in no way restrict the parties 3 in their use of their own documents and information, and nothing in this Protective Order shall 4 preclude any party from voluntarily disclosing its own documents or information to any party or 5 nonparty. 6 14. Motion by Third Party to Compel Production of Confidential Information. If party to this action to produce any such information, such party shall immediately notify the parties 9 who originally produced and/or designated such information that a subpoena has been served or a 10 AKERMAN LLP any third party subpoenas Confidential Information from a party to this action or moves to compel a 8 1160 TOWN CENTER DRIVE, SUITE 330 LAS VEGAS, NEVADA 89144 TEL.: (702) 634-5000 – FAX: (702) 380-8572 7 motion has been made in order to allow the parties who originally produced and/or designated such 11 information the opportunity to seek a protective order or oppose the motion or application. If, 12 within thirty (30) days after receiving notice of a subpoena seeking Confidential Information from a 13 receiving party, the party who originally produced and/or designated such information fails to move 14 for a protective order, the party subject to the subpoena may produce said information. In addition, 15 if a party is ordered to produce Confidential Information covered by this Protective Order, then 16 notice and, if available, a copy of the order compelling disclosure shall immediately be given the 17 parties who originally produced and/or designated such information. Nothing in this Protective 18 Order shall be construed as requiring the party who is ordered to produce such Confidential 19 Information to challenge or appeal any order requiring the production of such information or to 20 subject himself/herself to any penalty for non-compliance with any legal process or seek any relief 21 from the Court. 22 15. No Effect on Other Rights. This Protective Order shall in no way abrogate or 23 diminish any pre-existing contractual, statutory, or other legal obligations or rights of any party 24 with respect to Confidential Information. 25 16. Modification. In the event any party hereto seeks a Court order to modify the terms 26 of this Protective Order, or seeks a protective order which incorporates the terms and conditions of 27 this Protective Order said party shall make such request by written stipulation or noticed motion to 28 all parties that must be served and filed in accordance with local court rules. 10 43073894;1 45482256;1 Case 2:16-cv-00899-GMN-PAL Document 64 Filed 06/12/18 Page 11 of 13 1 17. Handling Upon Conclusion of Litigation. All parties, counsel, and persons to within thirty (30) days of the conclusion of litigation between the parties, including final appellate 4 action or the expiration of time to appeal or seek further review. In addition, counsel shall certify in 5 writing that all such Confidential Information have been returned. Counsel for each party also shall 6 contact each person to whom that party has provided a copy of any Confidential Information and 7 request the documents be returned. In lieu of returning Confidential Information, the person or party 8 in possession of such information may elect to destroy it. If the person or party in possession of 9 Confidential Information elects to destroy it rather than return it, that person or party must notify 10 AKERMAN LLP whom disclosure was made agree to return all Confidential Information to the designating party 3 1160 TOWN CENTER DRIVE, SUITE 330 LAS VEGAS, NEVADA 89144 TEL.: (702) 634-5000 – FAX: (702) 380-8572 2 the designating party in writing of the destruction of the information within ninety (90) days of the 11 conclusion of litigation between the parties, including final appellate action or the expiration of 12 time to appeal or seek further review. 13 /// 14 /// 15 /// 16 /// 17 /// 18 /// 19 /// 20 /// 21 /// 22 /// 23 /// 24 /// 25 /// 26 /// 27 /// 28 /// 11 43073894;1 45482256;1 Case 2:16-cv-00899-GMN-PAL Document 64 Filed 06/12/18 Page 12 of 13 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 3 a Designating Party otherwise in writing or a court order otherwise directs. 4 5 6 7 8 9 AKERMAN LLP 1160 TOWN CENTER DRIVE, SUITE 330 LAS VEGAS, NEVADA 89144 TEL.: (702) 634-5000 – FAX: (702) 380-8572 10 11 12 13 Dated this the 12th day of June, 2018. Dated this the 12th day of June, 2018. AKERMAN LLP KIM GILBERT EBRON /s/ Jamie K. Combs, Esq. MELANIE D. MORGAN, ESQ. Nevada Bar No. 8215 JAMIE K. COMBS, ESQ. Nevada Bar No. 13088 1160 Town Center Drive, Suite 330 Las Vegas, Nevada 89144 /s/ Diana S. Ebron, Esq. DIANA S. 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 Attorneys for plaintiff and counter-defendant Las Vegas, Nevada 89139 U.S. Bank, National Association, as Trustee for the Holders of Banc of America Funding Attorneys for defendant, counterclaimant and Corporation 2004-B Trust cross-claimant SFR Investments Pool 1, LLC Dated this the 12th day of June, 2018. Dated this the 12th day of June, 2018. 14 15 16 17 18 19 BOYACK ORME & ANTHONY /s/ Colli C. McKiever, Esq. EDWARD D. BOYACK, ESQ. Nevada Bar No. 5229 COLLI C. MCKIEVER, ESQ. Nevada Bar No. 13724 7432 W. Sahara Ave. Las Vegas, Nevada 89117 /s/ Brandon Wood, Esq. BRANDON WOOD, ESQ. Nevada Bar No. 12900 Nevada Association Services, Inc. 6224 West Desert Inn Road Las Vegas, Nevada 89146 Attorneys for defendant Nevada Association Services, Inc. Attorneys for defendant Sunridge Heights Homeowners Association 20 21 22 IT IS SO ORDERED. 23 ______________________________________ UNITED STATES MAGISTRATE JUDGE 24 June 13, 2018 DATED:_______________________________ 25 26 27 28 12 43073894;1 45482256;1 Case 2:16-cv-00899-GMN-PAL Document 64 Filed 06/12/18 Page 13 of 13 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 ________________, 2017, in the case of U.S. Bank, National Association, Successor Trustee to 6 Wachovia Bank, National Association, as Trustee for the Holders of Banc of America Funding 7 Corporation 2004-B v. Sunridge Heights Homeowners Association et al, Case No. 2:16:cv-00899- 8 GMN-PAL. I agree to comply with and be bound by all terms of this Protective Order and I 9 understand and acknowledge that failure to so comply could expose me to sanctions and punishment 10 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.: (702) 634-5000 – FAX: (702) 380-8572 3 in the nature of contempt. I solemnly promise that I will not disclose in any manner any information 11 or item that is subject to this Protective Order to any person or entity except in strict compliance with 12 this Protective Order. Further, I solemnly promise that I will not offer to sell, advertise or publicize 13 that I have obtained any protected material subject to this Protective Order. 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 13 43073894;1 45482256;1

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