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Bank of America, N.A. v. Riverwalk Ranch Crossing Homeowners Association

United States District Court, D. Nevada

August 18, 2017

BANK OF AMERICA, N.A. Plaintiff,
v.
RIVERWALK RANCH CROSSING HOMEOWNERS ASSOCIATION; ABSOLUTE COLLECTION SERVICES, LLC; VAL GRIGORIAN; and SFR INVESTMENTS POOL 1, LLC, Defendants. SFR INVESTMENTS POOL 1, LLC, a Nevada limited liability company, Counter/Cross Claimant,
v.
BANK OF AMERICA, N.A., Counter Defendant.

          AKERMAN LLP, ARIEL E. STERN, ESQ. Nevada Bar No. 8276 VATANA LAY, ESQ. Nevada Bar No. 12993, Attorneys for Plaintiff Bank of America, N.A.

          KIM GILBERT EBRON, DIANA CLINE EBRON, ESQ. Nevada Bar No. 10580, Attorney for SFR Investments Pool 1, LLC

          LIPSON, NEILSON, COLE, SELTZER & GARIN, P.C., KAREN KAO. ESQ. Nevada Bar No. 14386, Attorney for Riverwalk Ranch Crossing Homeowners' Association

          ABSOLUTE COLLECTION SERVICES, LLC, SHANE D. COX, ESQ. Nevada Bar No. 13852, Attorney for Absolute Collection Services, LLC

          STIPULATION AND PROTECTIVE ORDER

         Subject to the approval of the Court, Bank of America, N.A., (BANA), defendant Riverwalk Ranch Crossing Homeowners Association (Riverwalk Ranch), defendant SFR Investments Pool 1, LLC (SFR), and defendant Absolute Collection Services, LLC (Absolute), by and through its counsel of record, Shane D. Cox, Esq. of the law firm of Absolute Collection Services, LLC, 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 Nevada 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 Federal 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:

         CONFIDENTIAL

         This label shall be affixed in a manner that does not obliterate or obscure the contents of the copies. If any person or party makes copies of documents designated as containing Confidential Information, the copying person or party shall mark each such copy as containing Confidential Information in the same form as the Confidentiality notice on the original document.

         A party producing documents that are stored on electronic, magnetic, optical or other non-paper media, such as compact discs, DVD's, video tapes and audio tapes (collectively, "data storage devices”) shall designate the data storage device as containing Confidential Information, by affixing a label or stamp to the data storage device in the manner described above at the time copies of such data storage devices are produced. If the receiving party or other persons or entities to whom disclosure is authorized pursuant to subparagraph 7.1 make a copy of any data storage device designated by the producing party as containing Confidential Information, the receiving party or other authorized person shall mark each such copy as containing Confidential Information in the same form as the confidentiality notice on the original data storage device produced. If the receiving party or other authorized person prints out or otherwise makes copies of the documents or information stored on such data storage device, the receiving party or other authorized person shall mark each page so copied with the label or stamp specified in subparagraph 3.2.

         3.3 Interrogatory Answers. If a party answering an interrogatory or other discovery demand believes that its answer contains Confidential Information, it shall state so in the interrogatory response, and that portion of the response will be entitled to the protections of this order.

         3.4 Inspection of Documents. In the event a party elects to produce files and records for inspection and the requesting party elects to inspect them, no designation of Confidential Information needs to be made in advance of the inspection. For purposes of such inspection, all material produced shall be considered as Confidential Information. If the inspecting party selects specified documents to be copied, the producing ...


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