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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1 2 3 4 5 6 7 8 9 10 11 12 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: (702) 825-6060 FAX: (702) 447-8048 Email: matthew.knepper@knepperclark.com Email: miles.clark@knepperclark.com David H. Krieger, Esq. Nevada Bar No. 9086 HAINES & KRIEGER, LLC 8985 S. Eastern Ave., Suite 350 Henderson, NV 89123 Phone: (702) 880-5554 FAX: (702) 385-5518 Email: dkrieger@hainesandkrieger.com 13 Attorneys for Plaintiff 14 UNITED STATES DISTRICT COURT DISTRICT OF NEVADA 15 16 PAIGE A. CARLOVSKY, 17 18 19 20 21 22 23 24 25 26 : : 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. 27 28 -1- 1 2 3 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 4 NEW YORK MELLON formerly known as THE BANK OF NEW YORK AS TRUSTEE FOR 5 6 THE CERTIFICATEHOLDERS OF CWMBS, INC., CHL MORTGAGE PASS-THROUGH 7 TRUST 2007-14 MORTGAGE PASSTHROUGH CERTIFICATES, SERIES 2007-14, 8 (collectively, the “Parties”), by and through their counsel of record, as follows: 9 WHEREAS, documents and information have been and may be sought, produced or 10 exhibited by and among the parties to this action relating to confidential proprietary information 11 12 13 14 15 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: 16 17 1. This Order shall govern the use, handling and disclosure of all documents, 18 testimony or information produced or given in this action which are designated to be subject to 19 this Order in accordance with the terms hereof. 20 2. Any party or non-party producing or filing documents or other materials in this 21 action may designate such materials and the information contained therein subject to this Order 22 by typing or stamping on the front of the document, or on the portion(s) of the document for 23 which confidential treatment is designated, “Confidential.” 24 3. To the extent any motions, briefs, pleadings, deposition transcripts, or other 25 papers to be filed with the Court incorporate documents or information subject to this Order, the 26 party filing such papers shall designate such materials, or portions thereof, as “Confidential,” and 27 shall file them with the clerk under seal; provided, however, that a copy of such filing having the 28 confidential information deleted therefrom may be made part of the public record. Any party -2- 1 2 3 4 5 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, 6 may be held in camera. Any party desiring that hearings or any portion thereof be held in 7 camera, or that the trial or any portion thereof be conducted in camera, may make a separate 8 9 10 11 12 13 14 15 16 17 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 18 document or portions of a document as “Confidential,” or pursuant to prior Order after notice, 19 any document, transcript or pleading given “Confidential” treatment under this Order, and any 20 21 22 23 24 25 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 26 such counsel in the preparation of this litigation; (c) fact witnesses subject to a proffer to the 27 Court or a stipulation of the parties that such witnesses need to know such information; (d) the 28 producing party; (e) experts specifically retained as consultants or expert witnesses in connection -3- 1 2 with this litigation; and (f) any individual / entity whom had access to the documents marked “Confidential” prior to the disclosure in this litigation. 3 4 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. 5 8. Documents produced pursuant to this Order shall not be made available to any 6 person designated in Subparagraph 5(f) unless he or she shall have first read this Order, agreed to 7 be bound by its terms, and signed the attached Declaration of Compliance. 8 9 9. All persons receiving any or all documents produced pursuant to this Order shall 10 be advised of their confidential nature. All persons to whom confidential information and/or 11 documents are disclosed are hereby enjoined from disclosing same to any person except as 12 13 14 15 16 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. 17 10. Nothing in this Order shall prevent a party from using at trial any information or 18 materials designated “Confidential.” 19 11. This Order has been agreed to by the parties to facilitate discovery and the 20 21 22 23 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. 24 25 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 26 any extracts, summaries or compilations taken therefrom, but excluding any materials which in 27 the good faith judgment of counsel are work product materials, shall be returned to the Producing 28 Party. -4- 1 2 3 4 5 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 6 document or information shall continue to be treated as “Confidential” subject to the provisions 7 of this Protective Order. 8 14. 9 10 11 12 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. 13 14 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. 15 16 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 17 c. 18 any right to object to the admissibility of any document or testimony on any grounds. 19 15. Compliance with the terms of this Protective Order is not intended to, nor shall 20 21 22 23 24 25 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 26 (i) whether particular discovery materials should be produced; or (ii) if produced, whether such 27 material should be subject to the terms of this Protective Order; 28 c. operate as a waiver of any claim or defense asserted by the Parties or of the right, -5- 1 if any, of any party to make any other type of objection, claim or other response. 2 3 4 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. 5 6 7 8 IT IS SO STIPULATED. Dated: July 28, 2017 9 10 11 12 13 14 15 16 17 18 /s/ Matthew I. Knepper Matthew I. Knepper, Esq. Nevada Bar No. 12796 Miles N. Clark, Esq. Nevada Bar No. 13848 KNEPPER & CLARK LLC Email: matthew.knepper@knepperclark.com Email: miles.clark@knepperclark.com David H. Krieger, Esq. Nevada Bar No. 9086 HAINES & KRIEGER, LLC Email: dkrieger@hainesandkrieger.com /s/ Andrew A. Bao Andrew A. Bao, Esq. WOLFE & WYMAN LLP 6757 Spencer Street Las Vegas, NV 89119 Email: aabao@wolfewyman.com 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 19 ORDER 20 21 22 23 IT IS SO ORDERED. July 31, 2017 Dated: __________, _____ UNITED STATES MAGISTRATE JUDGE 24 25 26 27 28 -6- 1 EXHIBIT A 2 DECLARATION OF COMPLIANCE 3 I, _____________________________________, declare as follows: 4 1. 2. My present employer is ________________________________________. 3. My present occupation or job description is _________________________. 4 5 My address is ________________________________________________. I have received a copy of the Stipulated Protective Order entered in this action on 6 7 8 9 _______________, 20___. 5. 11 12 13 I have carefully read and understand the provisions of this Stipulated Protective 6. I will comply with all provisions of this Stipulated Protective Order. 7. 10 I will hold in confidence, and will not disclose to anyone not qualified under the Order. 14 Stipulated Protective Order, any information, documents or other materials produced subject to 15 this Stipulated Protective Order. 16 17 18 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 19 information, documents or other materials produced subject to this Stipulated Protective Order, 20 and all documents or things which I have prepared relating to the information, documents or 21 other materials that are subject to the Stipulated Protective Order, to my counsel in this action, or 22 to counsel for the party by whom I am employed or retained or from whom I received the 23 documents. 24 25 10. I hereby submit to the jurisdiction of this Court for the purposes of enforcing the Stipulated Protective Order in this action. 26 27 28 -7- 1 2 3 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 __________________. 4 5 _______________________________ QUALIFIED PERSON 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -8-

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