United States District Court, D. Nevada
DIAKONOS HOLDINGS LLC, in its capacity as trustee of the Coventry Green Trust, Plaintiff,
MTC FINANCIAL INC. dba TRUSTEE CORPS; COUNTRYWIDE HOME LOANS, INC.; BANK OF AMERICA, INC.; MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., and any and all persons claiming an interest in 2704 Coventry Green Ave, Las Vegas, Nevada, by, through, or under the named Defendants, designated herein as DOES 1 through 10; and ROE CORPORATION 1 through 10, inclusive, Defendants.
AKERMAN LLP DARREN T. BRENNER, ESQ. VATANA LAY, ESQ.
Attorneys for Defendants Countrywide Home Loans, Inc., Bank
of America, N.A., and Mortgage Electronic Registration
& HONG, A PROFESSIONAL LAW CORPORATIONJOSEPH Y. HONG,
ESQ. Attorney for Plaintiff.
STIPULATED PROTECTIVE ORDER
to the approval of the court, Diakonos Holdings LLC, Trustee
of Coventry Green Trust (Plaintiff) and
Defendants Countrywide Home Loans, Inc.
(Countrywide), Bank of America, N.A.
(Bank of America), and Mortgage Electronic
Registration Systems, Inc. (MERS) 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 Rules of Civil Procedure 26(c),
ORDERED this Protective Order shall govern
the disclosure, handling and disposition of documents in this
litigation as follows:
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.
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.
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.
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
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
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:
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
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.
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.
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
party shall designate Confidential Information in accordance
with subparagraph 3.2 at the time the copies are produced.
Deposition Transcripts. The party asserting confidentiality
shall state on the record the portions it deems confidential.
The failure to designate testimony on the record as
confidential shall be a waiver unless the designating party
notifies all other parties and files a motion to designate
the testimony as confidential within 5 days of the
Inadvertent Failure to Designate. Inadvertent failure to
identify documents or things as "Confidential"
pursuant to this Protective Order shall not constitute a
waiver of any otherwise valid claim for protection, provided
that the provisions of this paragraph are satisfied. If the
designating party discovers that information should have but
was not designated "Confidential" or of the
designating party receives notice that would enable the
designated party to learn that it has disclosed such
information, the designating party must immediately notify
all other parties. In such event, within thirty (30) days of
notifying all other parties, the designating parties must
also provide copies of the "Confidential"
information designated in accordance with this Protective
Order. After receipt of such re-designated information, the
"Confidential" information shall be treated as
required by this Protective Order, and the receiving
party(ies) shall promptly, and in no event more than fourteen
(14) calendar days from the receipt of the re-designated
information, return to the designated party all previously
produced copies of the same unlegended documents or things.
The designating party and the parties may agree to
alternative means. ...