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Federal Deposit Insurance Corp. v. Nevada Title Co.

United States District Court, D. Nevada

June 6, 2017

NEVADA TITLE COMPANY, a Nevada corporation, Defendants.

          If to FDIC-R: BART LARSEN, ESQ. SHLOMO S.SHERMAN, ESQ., KOLESAR&LEATHAM, Counsel for Plaintiff, FDIC as Receiver for AMTRUST BANK

          If to Defendant: TERRY A. MOORE, ESQ., CHRISTIAN T. BALDUCCI, ESQ., MARQUIS AURBACH COFFING, Counsel for Defendant, Nevada Title Company

          KOLESAR & LEATHAM Bart K. Larsen, Shlomo S. Sherman, South Rampart Boulevard, Counsel for Plaintiff

          MARQUIS AURBACH COFFING Terry A. Moore, Christian T. Balducci, Counsel for Defendant


          Cam Ferenbach, United States Magistrate Judge

         This Stipulated Protective Order (“Protective Order”) is submitted by Plaintiff, FEDERAL DEPOSIT INSURANCE CORPORATION as Receiver for AMTRUST BANK (“FDIC-R” or “Plaintiff), and Defendant, NEVADA TITLE COMPANY (“NEVADA TITLE” or Defendant”) (collectively the “Parties”).


         WHEREAS on December 4, 2009, the Office of Thrift Supervision closed AmTrust Bank (“AmTrust” or the “Bank”) and appointed the FDIC as Receiver pursuant to 12 U.S.C. §§ 1464(d)(2)(A) and 1821(c)(5);

         WHEREAS, on December 2, 2015, the FDIC-R filed an action in the United States District Court for the District of Nevada, Case No. 2:15-cv-02283-RFB-VCF (the “Action”), against Defendant seeking damages (the “FDIC-R Claims”); and

         WHEREAS, this case necessarily involves confidential bank information and personally identifiable information of borrowers that are confidential and generally protected from disclosure under FDIC rules and regulation (12 C.F.R. §§ 308 and 309), the financial and information privacy provisions of the Graham-Leach-Bliley Act (15 U.S.C. §6801, et seq.), the Right to Financial Privacy Act, (12 U.S.C. 3401, et seq.), the Privacy Act (5 U.S.C. § 552a) and/or the laws of the State of Nevada or other federal or state laws, and in anticipation of producing or otherwise revealing other such documents, jointly submit this Protective Order, which shall govern the production and treatment of confidential material (as defined herein) in this Action.

         Accordingly, pursuant to Rule 26(c), Federal Rules of Civil Procedure, it is hereby:

         ORDERED and ADJUDGED that this Protective Order shall govern the production and handling of information exchanged by both the Parties and by third parties in these proceedings as follows:

         1. Purpose.

         This Protective Order is entered for the purpose of the Parties exchanging confidential documents and information in connection with this litigation. This Protective Order also shall apply to and govern the production of confidential documents by third parties in connection with the litigation. The Protective Order is necessary because some documents produced hereunder contain information protected from disclosure by law, including private and protected financial information about consumers (such as protected by the Gramm- Leach-Bliley Act (Pub L 106-102) and its implementing regulations) (“Non-Party Borrower Information”), confidential regulatory information, proprietary work product, or commercially sensitive information, disclosure of which could result in violation of law, or harm to individual consumers, third parties, or the Parties.

         2. Definition of Confidential Material.

         For purposes of this Protective Order, “Confidential Material” shall mean certain documents, records, and information composed or stored in written, electronic, digital, or any other medium, provided by any Party or third party pursuant to this Protective Order, and to any information identifying any names, addresses, account information, personal information (such as social security number, date of birth, and any other personal identification information) recognized by law as, or required to be maintained as, confidential, including, without limitation, the following:

(a) Regulatory: Confidential Material related in any way to the regulation or supervision of the Bank, in whatever form, whether preliminary or final, including reports of examination or inspection, regulatory correspondence, reports, orders, memoranda, or agreements by, from or with the FDIC in its corporate capacity, or any other federal or state regulatory authority, and any documents containing confidential information obtained from any documents and records related to the supervision or regulation of the Bank. The Parties understand and agree that the release of such regulatory information may require approval from independent government agencies, and that no regulatory documents, however obtained, will be disclosed to third parties not covered by this Protective Order.
(b) Statutory: Confidential Material includes documents that are confidential pursuant to the Freedom of Information Act, 5 U.S.C. §552, 12 C.F.R. Part 309, the laws of the State of Nevada, or any other applicable federal or state laws.
(c) Bank and Bank Customers. Confidential Material related to the Bank, its customers, any trading company involved in placing orders for commodities futures or options, or any other entity, including Automated Clearing House items or transactions, chargebacks, merchant processing, bank account information, signature cards, bank statements, general ledger entries, deposit or reserve information, commodity trading statements, loans and lending transactions, loan applications, financial statements and credit reports, business and personal state and federal income tax forms, correspondence, and related loan documentation relating to any extension of credit or loan to any borrower. Examples of “Confidential Material, ” without limitation, include documents containing a customer's account number, credit card number, personal identification number, account balance, information relating to a deposit ...

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