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Collegium Fund Series 32 v. Snyder

United States District Court, D. Nevada

January 24, 2017

COLLEGIUM FUND SERIES 32, a Nevada limited-liability company, Plaintiff,
v.
MARK DANIEL SNYDER, an individual; WELLS FARGO BANK, N.A.; DOES I THROUGH X; and ROE CORPORATIONS 1 THROUGH 10, Defendants. WELLS FARGO BANK, N.A., a national banking association, Counter-Claimants,
v.
COLLEGIUM FUND SERIES 32, a Nevada limited-liability company, ABSOLUTE COLLECTION SERVICES, LLC, a Nevada limited liability company; NUEVO VISTA HOMEOWNERS ASSOCIATION, INC., a Nevada non-profit cooperative corporation, Counter-Defendants. FEDERAL HOME LOAN MORTGAGE CORPORATION, Counter-Claimants,
v.
COLLEGIUM FUND SERIES 32, a Nevada limited-liability company, ABSOLUTE COLLECTION SERVICES, LLC, a Nevada limited liability company; NUEVO VISTA HOMEOWNERS ASSOCIATION, INC., a Nevada non-profit cooperative corporation, Counter-Defendants.

          Amy F. Sorenson, Esq. Nathan G. Kanute, Esq. SNELL & WILMER L.L.P. Attorneys for Wells Fargo Bank, N.A. and Federal Home Loan Mortgage Corporation

          CONNAGHAN|NEWBERRY Paul R. Connaghan, Esq. Tara D. Newberry, Esq. Attorneys for Collegium #32

          ABSOLUTE COLLECTION SERVICES, LLC Shane D. Cox, Esq. Attorneys for Absolute Collection Services

          PENGILLY LAW FIRM Elizabeth B. Lowell, Esq. David Markman, Esq. Attorneys for Nuevo Vista HOA

          FIRST STIPULATED PROTECTIVE ORDER GOVERNING DISCOVERY

          PEGGYA . LEEN UNITED STATES MAGISTRATE JUDGE

         Wells Fargo Bank, N.A. (“Wells Fargo”), Federal Home Loan Mortgage Corporation (“Freddie Mac”), Collegium Fund Series 32 (“Collegium”), Absolute Collection Services, LLC (“Absolute”), and Nuevo Vista Homeowners Association, Inc. (the “HOA”) (collectively, the “Parties”) hereby stipulate as follows:

         1. Freddie Mac intends to supplement the initial disclosures previously made by Wells Fargo pursuant to Fed.R.Civ.P. 26(a)(1) with records related to Freddie Mac's purchase of the loan secured by real property commonly known as 1796 Nuevo Road, Henderson, NV 89014 (the “Property”). Additionally, Collegium has served discovery requests on Wells Fargo and Freddie Mac that will be responded to shortly.

         2. Freddie Mac takes the position that the supplemental disclosure and production of documents contains confidential, proprietary and commercially sensitive documents reflecting Freddie Mac's purchase of mortgage loans and other documents, materials, things, or information that reflect or otherwise disclose the terms governing Freddie Mac's purchase of loans secured by property sited in the State of Nevada. These documents, materials, and any information derived therefrom are hereinafter referred to as “Protected Materials.” Freddie Mac believes that disclosure of the Protected Materials could irreparably harm Freddie Mac by, among other things, revealing its confidential business strategies and practices.

         3. Wells Fargo and Freddie Mac acknowledge Collegium's, the HOA's, Absolute's and the Court's interest in analyzing these documents and materials. The HOA, Collegium and Absolute acknowledge Freddie Mac's concerns in restricting disclosure of truly confidential information.

         4. Freddie Mac will produce confidential materials in electronic form subject to the conditions in this First Stipulated Protective Order Governing Discovery (“Protective Order”).

         a. For information in documentary form, Freddie Mac will designate Protected Materials as such by stamping them as “CONFIDENTIAL.”

         b. For deposition transcripts and/or exhibits, Freddie Mac may designate any portion of the testimony as “CONFIDENTIAL” in writing on or before the later of (i) thirty calendar days after receipt of the final transcript or (ii) the date by which any review by the witness and statement of changes to the transcript are to be completed under Fed.R.Civ.P. 30(e). The entire testimony shall be deemed to have been designated “CONFIDENTIAL” until the time within which the transcript may be designated “CONFIDENTIAL” or has expired. If testimony is not designated within the prescribed time period, then such testimony shall not be deemed “CONFIDENTIAL.”

         5. Any party receiving Protected Materials (including those persons listed in paragraph 7) may not disclose the Protected Materials to anyone except in accordance with the terms of this Protective Order.

         6. The HOA, Collegium or Absolute may at any time challenge the designation of any Protected Material on the grounds that it does not qualify for protection. The HOA, Collegium or Absolute must do so in good faith and must begin the process by notifying Freddie Mac in writing of the challenge, setting forth in reasonable detail the ...


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