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Ditech Financial LLC v. Park Avenue Homeowners Assn.

United States District Court, D. Nevada

September 19, 2019

DITECH FINANCIAL LLC f/k/a GREEN TREE SERVICING, LLC; FEDERAL NATIONAL MORTGAGE ASSOCIATION, Plaintiffs,
v.
PARK AVENUE HOMEOWNERS ASSOCIATION; and RED ROCK FINANCIAL SERVICES, LLC, Defendants. AND ALL RELATED S

          ARIEL E. STERN, ESQ. SCOTT R. LACHMAN, ESQ. Akerman LLP Attorneys for Ditech Financial LLC fka Green Tree Servicing, LLC and Federal National Mortgage Association

          LEACH KERN GRUCHOW ANDERSON SONG SEAN L. ANDERSON, ESQ. J. TYLER KING, ESQ. Attorneys for Park Avenue Homeowners' Association

          KOCH &SCOW LLC DAVID R. KOCH, ESQ. STEVEN B. SCOW, ESQ. BRODY R. WIGHT, ESQ. Attorneys for Red Rock Financial Services, LLC

          STIPULATED PROTECTIVE ORDER

          NANCY J. KOPPE UNITED STATES MAGISTRATE JUDGE

         The parties 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 Rule 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.

         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 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 ...


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