Carlovsky v. Ditech Financial, LLC, et al

Filing 11

STIPULATED PROTECTIVE ORDER Granting #7 Stipulation for Protective Order. Signed by Magistrate Judge Cam Ferenbach on 7/31/17. (Copies have been distributed pursuant to the NEF - MMM)

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Matthew I. Knepper, Esq.
Nevada Bar No. 12796
Miles N. Clark, Esq.
Nevada Bar No. 13848
KNEPPER & CLARK LLC
10040 W. Cheyenne Ave., Suite 170-109
Las Vegas, NV 89129
Phone: [phone]
FAX: [phone]
Email: [e-mail]
Email: [e-mail]
David H. Krieger, Esq.
Nevada Bar No. 9086
HAINES & KRIEGER, LLC
8985 S. Eastern Ave., Suite 350
Henderson, NV 89123
Phone: [phone]
FAX: [phone]
Email: [e-mail]

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Attorneys for Plaintiff
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UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

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PAIGE A. CARLOVSKY,
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:
:
Plaintiff,
:
:
v.
:
DITECH FINANCIAL, LLC formerly
: Case No. 2:17-cv-01051-APG-VCF
known as GREEN TREE SERVICING,
:
LLC., and BANK OF NEW YORK
:
MELLON formerly known as THE BANK :
OF NEW YORK AS TRUSTEE FOR THE : [PROPOSED] STIPULATED
CERTIFICATEHOLDERS OF CWMBS, : PROTECTIVE ORDER
INC., CHL MORTGAGE PASS:
THROUGH TRUST 2007-14
:
MORTGAGE PASSTHROUGH
CERTIFICATES, SERIES 2007-14,
Defendants.

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IT IS HEREBY STIPULATED by and between Plaintiff PAIGE A. CARLOVSKY
(“Plaintiff”),

and

Defendants

CARLOVSKY

(“Plaintiff”)

and

Defendants

DITECH

FINANCIAL, LLC formerly known as GREEN TREE SERVICING, LLC., and BANK OF

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NEW YORK MELLON formerly known as THE BANK OF NEW YORK AS TRUSTEE FOR
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THE CERTIFICATEHOLDERS OF CWMBS, INC., CHL MORTGAGE PASS-THROUGH

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TRUST 2007-14 MORTGAGE PASSTHROUGH CERTIFICATES, SERIES 2007-14,

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(collectively, the “Parties”), by and through their counsel of record, as follows:

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WHEREAS, documents and information have been and may be sought, produced or

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exhibited by and among the parties to this action relating to confidential proprietary information
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belonging to the Parties that relate to confidential information of the Plaintiff, including but not
limited to, personal income, credit and other confidential information of Plaintiff.
THEREFORE, an Order of this Court protecting such confidential information shall be
and hereby is made by this Court on the following terms:

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1.

This Order shall govern the use, handling and disclosure of all documents,

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testimony or information produced or given in this action which are designated to be subject to

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this Order in accordance with the terms hereof.

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2.

Any party or non-party producing or filing documents or other materials in this

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action may designate such materials and the information contained therein subject to this Order

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by typing or stamping on the front of the document, or on the portion(s) of the document for

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which confidential treatment is designated, “Confidential.”

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3.

To the extent any motions, briefs, pleadings, deposition transcripts, or other

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papers to be filed with the Court incorporate documents or information subject to this Order, the

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party filing such papers shall designate such materials, or portions thereof, as “Confidential,” and

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shall file them with the clerk under seal; provided, however, that a copy of such filing having the

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confidential information deleted therefrom may be made part of the public record. Any party
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filing any document under seal must comply with the requirements of Local Rules.
4.

Nothing in this Protective Order shall prevent the use in open court, at any

hearing or at trial of this case, of any material that is subject to this Protective Order or filed
under seal pursuant to the provisions herein. Any court hearing which refers to or describes
information filed under seal in accordance with this Protective Order, in the Court’s discretion,

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may be held in camera. Any party desiring that hearings or any portion thereof be held in
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camera, or that the trial or any portion thereof be conducted in camera, may make a separate
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motion requesting such treatment.
5.

All documents, transcripts, or other materials subject to this Order, and all

information derived therefrom (including, but not limited to, all testimony, deposition, or
otherwise, that refers, reflects or otherwise discusses any information designated Confidential
hereunder), shall not be used, directly or indirectly, by any person, including Plaintiff and
Defendant for any business, commercial or competitive purposes or for any purpose whatsoever
other than solely for the preparation and trial of this action in accordance with the provisions of
this Order.
6.

Except with the prior written consent of the individual or entity designating a

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document or portions of a document as “Confidential,” or pursuant to prior Order after notice,
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any document, transcript or pleading given “Confidential” treatment under this Order, and any
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information contained in, or derived from any such materials (including but not limited to, all
deposition testimony that refers, reflects or otherwise discusses any information designated
confidential hereunder) may not be disclosed other than in accordance with this Order and may
not be disclosed to any person other than: (a) the Court and its officers; (b) counsel for the
parties, whether retained counsel or in-house counsel and employees of counsel assigned to assist

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such counsel in the preparation of this litigation; (c) fact witnesses subject to a proffer to the

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Court or a stipulation of the parties that such witnesses need to know such information; (d) the

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producing party; (e) experts specifically retained as consultants or expert witnesses in connection
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with this litigation; and (f) any individual / entity whom had access to the documents marked
“Confidential” prior to the disclosure in this litigation.

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7.

The disclosure of documents marked “Confidential” are authorized only to the

extent necessary to prosecute or defend the claims and/or counterclaims in this action.

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8.

Documents produced pursuant to this Order shall not be made available to any

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person designated in Subparagraph 5(f) unless he or she shall have first read this Order, agreed to
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be bound by its terms, and signed the attached Declaration of Compliance.
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9.

All persons receiving any or all documents produced pursuant to this Order shall

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be advised of their confidential nature. All persons to whom confidential information and/or

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documents are disclosed are hereby enjoined from disclosing same to any person except as

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provided herein, and are further enjoined from using same except in the preparation for and trial
of the above-captioned action between the named parties thereto.

No person receiving or

reviewing such confidential documents, information or transcript shall disseminate or disclose
them to any person other than those described above in Paragraph 5 and for the purposes
specified, and in no event, shall such person make any other use of such document or transcript.

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10.

Nothing in this Order shall prevent a party from using at trial any information or

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materials designated “Confidential.”
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11.

This Order has been agreed to by the parties to facilitate discovery and the

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production of relevant evidence in this action.

designation of any information, document, or the like as “Confidential,” nor the failure to make
such designation, shall constitute evidence with respect to any issue in this action.
12.

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Neither the entry of this Order, nor the

Within sixty (60) days after the final termination of this litigation, all documents,

transcripts, or other materials afforded confidential treatment pursuant to this Order, including

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any extracts, summaries or compilations taken therefrom, but excluding any materials which in

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the good faith judgment of counsel are work product materials, shall be returned to the Producing

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Party.
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13.

In the event that any party to this litigation disagrees at any point in these

proceedings with any designation made under this Protective Order, the parties shall first try to
resolve such dispute in good faith on an informal basis. If the dispute cannot be resolved, the
party objecting to the designation may seek appropriate relief from this Court. During the
pendency of any challenge to the designation of a document or information, the designated

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document or information shall continue to be treated as “Confidential” subject to the provisions
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of this Protective Order.
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14.

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own documents or to the information obtained or developed independently of documents,
transcripts and materials afforded confidential treatment pursuant to this Order. In agreeing to
terms of this Protective Order, the Parties have not waived:
a.

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any right to seek another order from the Court with regard to any document,

information, or testimony, whether or not within the purview of this Protective Order;
b.

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Nothing herein shall affect or restrict the rights of any party with respect to its

any right to take any other actions available to such party under law with regard to

any invasion of privacy or breach of confidentiality; and

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c.

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any right to object to the admissibility of any document or testimony on any

grounds.

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15.

Compliance with the terms of this Protective Order is not intended to, nor shall

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it:
a.

prejudice in any way the rights of any party to object to the production of

documents or otherwise to object to the disclosure of information in any other discovery request
it considers not subject to discovery;
b.

prejudice in any way the right of any party to seek a determination by the Court

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(i) whether particular discovery materials should be produced; or (ii) if produced, whether such

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material should be subject to the terms of this Protective Order;

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c.

operate as a waiver of any claim or defense asserted by the Parties or of the right,
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if any, of any party to make any other type of objection, claim or other response.

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16.

The Court retains the right to allow disclosure of any subject covered by this

stipulation or to modify this stipulation at any time in the interest of justice.

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IT IS SO STIPULATED.
Dated: July 28, 2017

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/s/ Matthew I. Knepper
Matthew I. Knepper, Esq.
Nevada Bar No. 12796
Miles N. Clark, Esq.
Nevada Bar No. 13848
KNEPPER & CLARK LLC
Email: [e-mail]
Email: [e-mail]
David H. Krieger, Esq.
Nevada Bar No. 9086
HAINES & KRIEGER, LLC
Email: [e-mail]

/s/ Andrew A. Bao
Andrew A. Bao, Esq.
WOLFE & WYMAN LLP
6757 Spencer Street
Las Vegas, NV 89119
Email: [e-mail]
Counsel for Ditech Financial, LLC formerly
known as Green Tree Servicing, LLC; and Bank
of New York Mellon formerly known as Bank of
New York on behalf of Certificateholders of
CWMBS, Inc. CHL Mortgage Pass-Through
Trust 2007-14 Mortgage Passthrough
Certificates, Series 2007-14

Counsel for Plaintiff

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ORDER

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IT IS SO ORDERED.
July 31, 2017
Dated: __________, _____
UNITED STATES MAGISTRATE JUDGE

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EXHIBIT A

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DECLARATION OF COMPLIANCE

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I, _____________________________________, declare as follows:

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1.
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My present employer is ________________________________________.

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My present occupation or job description is _________________________.

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My address is ________________________________________________.

I have received a copy of the Stipulated Protective Order entered in this action on

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_______________, 20___.
5.

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I have carefully read and understand the provisions of this Stipulated Protective

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I will comply with all provisions of this Stipulated Protective Order.

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I will hold in confidence, and will not disclose to anyone not qualified under the

Order.

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Stipulated Protective Order, any information, documents or other materials produced subject to

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this Stipulated Protective Order.

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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

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information, documents or other materials produced subject to this Stipulated Protective Order,

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and all documents or things which I have prepared relating to the information, documents or

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other materials that are subject to the Stipulated Protective Order, to my counsel in this action, or

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to counsel for the party by whom I am employed or retained or from whom I received the

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documents.

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10.

I hereby submit to the jurisdiction of this Court for the purposes of enforcing the

Stipulated Protective Order in this action.

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I declare under penalty of perjury under the laws of the United States that the following is
true and correct.
Executed this ____ day of _____________, 2017 at __________________.

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_______________________________
QUALIFIED PERSON

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