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Bank of New York Mellon v. Riverwalk Homeowners Association

United States District Court, D. Nevada

April 13, 2017

THE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORK, AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF CWALT, INC., ALTERNATIVE LOAN TRUST 2005-AR1, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2005-AR1, Plaintiff,
v.
RIVERWALK HOMEOWNERS ASSOCIATION; ABSOLUTE COLLECTION SERVICES, LLC; EAGLE INVESTORS; DOE INDIVIDUALS I-X, inclusive, and ROE CORPORATIONS I-X, inclusive, Defendants. RIVERWALK HOMEOWNERS ASSOCIATION, Crossclaimant,
v.
ABSOLUTE COLLECTION SERVICES, LLC, Crossdefendant. EAGLE INVESTORS, Counterclaimant,
v.
THE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORK, AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF CWALT, INC., ALTERNATIVE LOAN TRUST 2005-AR1, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2005-AR1, Counterdefendant

          DARREN T. BRENNER, ESQ., NATALIE L. WINSLOW, ESQ., Attorneys for The Bank of New York Mellon fka The Bank of New York, as Trustee for the Certificateholders of CWALT, Inc., Alternative Loan Trust 2005-AR1, Mortgage Pass-Through Certificates, Series 2005-AR1.

          MAIER GUTIERREZ AYON, LUIS A. AYON, ESQ., DANIELLE J. BARRAZA, ESQ., Attorneys for Eagle Investors.

          PENGILLY LAW FIRM, JAMES W. PENGILLY, ESQ., ELIZABETH B. LOWELL, ESQ., GIANNA MARIA E. ORLANDI, ESQ., Attorneys for Riverwalk Homeowners Association.

          MAIER GUTIERREZ AYON, LUIS A. AYON, ESQ., DANIELLE J. BARRAZA, ESQ., Attorneys for Eagle Investors.

          ABSOLUTE COLLECTION SERVICES, LLC, SHANE D. COX, ESQ., Attorneys for Absolute Collection Services, LLC.

          STIPULATED PROTECTIVE ORDER

         Subject to the approval of the Court, The Bank of New York Mellon fka The Bank of New York, as Trustee for the Certificateholders of CWALT, Inc., Alternative Loan Trust 2005-AR1, Mortgage Pass-Through Certificates, Series 2005-AR1 (BNYM), Riverwalk Homeowners Association (HOA) and Eagle Investors (Buyer), by and through their attorneys of record, stipulate to the following Protective Order:

         To expedite the flow of discovery, facilitate the prompt resolution of disputes over confidentiality, adequately protect material claimed to be confidential, and ensure protection is afforded only to material so designated, it is, pursuant to the Court's authority under Federal Rule of Civil Procedure 26(c), ORDERED this Protective Order shall govern the disclosure, handling and disposition of documents in this litigation as follows:

         1. Application.

         1.1 This Protective Order shall govern any document, information or other material that is designated as containing “Confidential Information” as defined herein, and is produced in connection with this litigation by any person or entity (the “producing party”), whether in response to a discovery request, subpoena or otherwise, to any other person or entity (the “receiving party”) regardless of whether the person or entity producing or receiving such information is a party to this litigation.

         1.2 The party who asserts that particular information should be treated as Confidential Information under this Protective Order has the burden of proof to establish that the information or document is entitled to such protection.

         2. Definitions.

         2.1 Confidential Information. “Confidential Information” shall mean and include, without limitation, any non-public information that concerns or relates to the following areas: confidential proprietary information, trade secrets, practices and procedures, personal financial information, commercial, financial, pricing, budgeting, and/or accounting information, information about existing and potential customers, marketing studies, performance projections, business strategies, decisions and/or negotiations, personnel compensation, evaluations and other employment information, and confidential proprietary information about affiliates, parents, subsidiaries and third-parties with whom the parties to this action have or have had business relationships.

         2.2 Documents. As used herein, the term “documents” includes all writings, records, files, drawings, graphs, charts, photographs, e-mails, video tapes, audio tapes, compact discs, electronic messages, other data compilations from which information can be obtained and other tangible things subject to production under the Nevada Rules of Civil Procedure.

         3. Initial Designation.

         3.1 Good Faith Claims. Claims of confidentiality will be made only with respect to documents, other tangible things and information that the asserting party has a good faith belief are within the definition set forth in subparagraph 2.1 of this Protective Order. Objections to such claims made pursuant to paragraph 5, below, shall also be made only in good faith.

         3.2 Produced Documents. A party producing documents that it believes constitute or contain Confidential Information shall state that the material is being produced under this Protective Order by describing the documents or materials to be treated as confidential in writing, by page or bates number wherever possible and/or shall produce copies bearing a label that contains or includes language substantially identical to the following:

         CO ...


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