U.S. Bank National Association v. Saticoy Bay LLC, Series 5526 Moonlight Garden Street

Filing 43

STIPULATED PROTECTIVE ORDER re 42 Stipulation. Signed by Magistrate Judge Carl W. Hoffman on 5/14/2018. (Copies have been distributed pursuant to the NEF - MMM)

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WRIGHT, FINLAY & ZAK, LLP
Dana Jonathon Nitz, Esq.
Nevada Bar No. 0050
Yanxiong Li, Esq.
Nevada Bar No. 12807
7785 W. Sahara Ave., Suite 200
Las Vegas, NV 89117
[phone]; Fax: [phone]
[e-mail]
Attorney for Plaintiff, USROF III Legal Title Trust 2015-1, By U.S. Bank National Association,
as Legal Title Trustee

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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USROF III LEGAL TITLE TRUST 2015-1, BY
U.S. BANK NATIONAL ASSOCIATION, AS
LEGAL TITLE TRUSTEE,

STIPULATED PROTECTIVE ORDER

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Case No.: 2:16-cv-01346-JCM-CWH

Plaintiff,
vs.
SATICOY BAY LLC, SERIES 5526
MOONLIGHT GARDEN STREET
Defendants.

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Plaintiff, USROF III Legal Title Trust 2015-1, by U.S. Bank National Association, as

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Legal Title Trustee (“Plaintiff” or “U.S. Bank”), and Defendant Saticoy Bay, LLC, Series 5526

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Moonlight Garden Street, (“Defendant” or “Saticoy Bay”), hereby state and stipulate by and

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through their counsel of record, and agree as follows:

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1.

Any party or non-party may designate as “confidential” (by stamping the relevant

page or as otherwise set forth herein) any document or response to discovery which that party or
non-party considers in good faith to contain information involving trade secrets, or confidential
business or financial information, subject to protection under the Federal Rules of Civil
Procedure or Nevada law (“Confidential Information”). Where a document or response consists
of more than one page, the first page and each page on which Confidential Information appears

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shall be so designated.
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2.

A party or non-party may designate information disclosed during a deposition or

in response to written discovery as “confidential:” by so indicating in said response or on the

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record at the deposition and requesting the preparation of a separate transcript of such material.

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Additionally, a party or non-party may designate in writing, within twenty (20) days after receipt

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of said responses or of the deposition transcript for which the designation is proposed, that

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specific pages of the transcript and/or specific responses be treated as “confidential” information.

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Any other party may object to such proposal, in writing or on the record. Upon such objection,

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the parties shall follow the procedures described in paragraph 8 below. After any designation

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made according to the procedure set forth in this paragraph, the designated documents or
information shall be treated according to the designation until the matter is resolved according to
the procedures described in paragraph 8 below, and counsel for all parties shall be responsible
for making all previously unmarked copies of the designated material in their possession or

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control with the specified designation.
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3.

All information produced or exchanged in the course of this case (other than

information that is publicly available) shall be used by the party or parties to whom the
information is produced solely for the purpose of this case.
4.

Except with the prior written consent of the other parties, or upon prior order of

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this Court obtained with notice to opposing counsel, Confidential Information shall not be

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disclosed to any person other than:

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(a)

counsel and co-counsel retained for this litigation;

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counsel for the respective parties in this litigation, including in-house

(b)

employees of such counsel;

(c)

individual defendants, class representatives, any officer or employee of a
party, to the extent deemed necessary by Counsel for the prosecution of

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this litigation;
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(d)
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consultants or expert witnesses retained for the prosecution or defense of
this litigation, provided that each such person shall execute a copy of the
Certification attached to this Order as Exhibit A (which shall be retained

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Page 2 of 7

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by counsel to the party so disclosing the Confidential Information and

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made available for inspection by opposing counsel during the pendency or

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after the termination of the action only upon good cause shown and upon

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order of the Court) before being show or given any Confidential

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Information and provided that if the party chooses a consultant or expert

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employed by a corporate defendant or one of its competitors, the party

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shall notify the opposing party, or designating non-party, before disclosing

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any Confidential Information to that individual and shall give the opposing
party an opportunity to move for a protective order preventing or limiting

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such disclosure;

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(e)

any authors or recipients of the Confidential Information;

(f)

the Court, personnel, and court reports; and

(g)

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witnesses (other than persons described in paragraph 4(e).) A witness

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shall sign the Certification before being shown a confidential document.

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Confidential Information may be disclosed to a witness who will not sign

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the Certification only in a deposition at which the party who designated

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the Confidential Information is represented or has been given notice that

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Confidential Information shall be designated “Confidential” pursuant to

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paragraph 2 above. Witnesses shown Confidential Information shall not

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be allowed to retain copies.

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5.

Any persons receiving Confidential Information shall not reveal or discuss such

information to or with any person who is not entitled to receive such information, except as set
forth herein.
6.

Unless otherwise permitted by statute, rule, or prior Court Order, papers filed with

the Court under seal shall be accompanied by a contemporaneous motion for leave to file those
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documents under seal, and shall be filed consistent with the Court’s electronic filing procedures.
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Notwithstanding any agreement among the parties, the party seeking to file a paper under seal

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Page 3 of 7

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bears the burden of overcoming the presumption in favor of public access to papers filed in
court.
7.

A party may designate as “confidential” documents or discovery materials

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produced by a non-party by providing written notice to all parties of the relevant document

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numbers or other identification within thirty (30) days after receiving such documents or

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discovery materials.

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restriction any information designated by that party or non-party as confidential, although a

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document may lose its confidential status if it is made public.

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8.

Any party or non-party may voluntarily disclose to others without

If a party contends that any material is not entitled to confidential treatment, such

party may at any time give written notice to the party or non-party who designated the material.
The party or non-party who designated the material shall have twenty-five (days) from the
receipt of such written notice to apply to the Court for an order designating the material as

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confidential. The party or non-party seeking the order has the burden of establishing that the
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document is entitled to protection.
9.

Notwithstanding any challenge to the designation of material as Confidential

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Information, all documents shall be treated as such and shall be subject to the provisions hereof

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unless and until one of the following occurs:

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(a)

the party or non-party claims that the material is Confidential Information
withdraws such designation in writing; or

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(b)

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the party or non-party who claims that the material is Confidential

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Information fails to apply to the Court for an Order designating the

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material confidential within the time period specified above after receipt
of a written challenge to such designation; or

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(c)

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10.

the Court rules the material is not confidential.

All provisions of this Order restricting the communication or use of Confidential

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Information shall continue to be binding after the conclusion of this action, unless otherwise
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agreed or ordered. Upon conclusion of the litigation, a party in the possession of Confidential
Information, other than that which is contained in pleadings, correspondence, and deposition

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Page 4 of 7

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transcripts, shall either (a) return such documents no later than thirty (30) days after conclusion
of the action to counsel for the party or non-party, or (b) destroy such documents within the time

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period upon such consent of the party who provided the information and certify in writing within

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thirty (30) days that the documents have been destroyed.

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otherwise apply to the use of documents at trial.
12.

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Nothing herein shall be deemed to waive any applicable privilege or work product

protection, or to affect the ability of a party to seek relief for an inadvertent disclosure of material
protected by privilege or work product protection.
13.

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The terms of this Stipulation and Order do not preclude, limit, restrict or

Any witness or other person, firm, or entity from which is discovery is sought

may be informed of and may obtain the protection of this Order by written advice to the parties’
respective counselor by oral advice at the time of any deposition or similar proceeding.

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14.
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Plaintiff expects to produce a pooling and servicing agreement, power of attorney,

servicing notes, transaction history and loan payoff pursuant to the protective order.

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It is so stipulated:

It is so stipulated:

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DATED: May 10, 2018.

DATED: May 10, 2018.

WRIGHT, FINLAY & ZAK, LLP

LAW OFFICES OF MICHAEL F. BOHN,
ESQ., LTD

/s/ Yanxiong Li, Esq.
Dana Jonathan Nitz, Esq.
Nevada Bar No. 0050
Yanxiong Li, Esq.
Nevada Bar No. 12807
7785 W. Sahara Ave., Suite 200
Las Vegas, Nevada 89117
Attorneys for Plaintiff, USROF III Legal
Title Trust 2015-1, By U.S. Bank National
Association, as Legal Title Trustee

/s/ Nikoll Nikci, Esq.
Michael F. Bohn, Esq
Nevada Bar No. 1641
Nikoll Nikci, Esq.
Nevada Bar No. 10699
376 East Warm Springs Road, Ste. 140
Las Vegas, Nevada 8919
Attorney for Defendant, Saticoy Bay LLC
Series 5526 Moonlight Garden Street

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USROF III Legal Title Trust 2015-1, by U.S. Bank National Association, as Legal Title Trustee
v. Saticoy Bay LLC, Series 5526 Moonlight Garden Street
Case No.: 2:16-cv-01346
ORDER

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Based upon the foregoing Stipulation by and between the parties, and good cause
appearing, IT IS SO ORDERED.

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.

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Dated May 14, 2018

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_________________________________
UNITED STATES MAGISTRATE JUDGE

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Respectfully submitted by:
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WRIGHT, FINLAY & ZAK, LLP
/s/ Yanxiong Li, Esq.
Dana Jonathan Nitz, Esq.
Nevada Bar No. 0050
Yanxiong Li, Esq.
Nevada Bar No. 12807
7785 W. Sahara Ave., Suite 200
Las Vegas, Nevada 89117
Attorneys for Plaintiff, USROF III Legal
Title Trust 2015-1, By U.S. Bank National
Association, as Legal Title Trustee

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EXHIBIT A

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I hereby certify my understanding that Confidential Information is being provided to me

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pursuant to the terms of the Protective Order dated _________________________, in the Case

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of USROF III Legal Title Trust 2015-1, by U.S. Bank National Association, as Legal Title

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Trustee v. Saticoy Bay LLC, Series 5526 Moonlight Garden Street, et al. (Case No. 2:16-cv-

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01346-JCM-CWH). I have been given a copy of that Order and read it. I agree to be bound by

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the Order. I will not reveal Confidential Information to anyone, except as allowed and consistent

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with this Order. I will maintain all such Confidential Information – including copies, notes, or

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other transcriptions made therefrom – in a secure manner to prevent unauthorized access to it. No
later than thirty (30) days after the conclusion of this action, I will return the Confidential
Information – including copies, notes, or other transcriptions made therefrom – to the counsel
who provided with the Confidential Information. I hereby consent to the jurisdiction of the

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United States District Court, District of Nevada for Clark County, Nevada for the purpose of
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enforcing the Protective Order.

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Dated: _________________________________

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_________________________________

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Respectfully submitted by:

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WRIGHT, FINLAY & ZAK, LLP

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/s/ Yanxiong Li, Esq.
Yanxiong Li, Esq.
Nevada Bar No. 12807
7785 W. Sahara Ave., Suite 200
Las Vegas, NV 89117
Attorneys for Plaintiff/Counter-Defendant, Wilmington Trust, National Association, not in
its individual capacity but as Trustee of ARLP
Securitization Trust Series 2015-1

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