Edry v. Hometown Equity Mortgage, LLC

Opinion

1 |] Kristen T. Gallagher (NSBN 9561) McDONALD CARANO LLP 2 || 2300 West Sahara Avenue, Suite 1200 Las Vegas, Nevada 89102 3 || Telephone: (702) 873-4100 kgallagher@mcdonaldcarano.com Matthew P. Previn (admitted pro hac vice) 5 || PAUL HASTINGS LLP 200 Park Avenue 6 || New York, NY 10166 Telephone: (212) 318-6049 7 || matthewprevin@paulhastings.com 8 || Michael Morrill (admitted pro hac vice) PAUL HASTINGS LLP 9 || 71 S. Wacker Drive, 45th Floor Chicago, Illinois 60606 10 |} Telephone: (312) 499-6064 = michaelmorrill@paulhastings.com 1] $ Attorneys for Defendant Hometown <3 12 || Equity Mortgage LLC d/b/a theLender 3 13 UNITED STATES DISTRICT COURT 14 DISTRICT OF NEVADA 28 15 || IDAN U. EDRY, an individual, on behalf of Case No: 2:22-cv-00804-MMD-VCF 28 himself and others similarly situated, 16 Plaintiff, STIPULATED CONFIDENTIALITY x 17 AND PROTECTIVE ORDER vs. 18 HOMETOWN EQUITY MORTGAGE, LLC, a 19 || Missouri limited-liability company, D/B/A THELENDER, 20 Defendants. 21 22 Defendant Hometown Equity Mortgage, LLC, doing business as theLender (“““Defendant’ 23 || and Plaintiff Idan U. Edry, on behalf of himself and others similarly situated (“Plaintiff an 24 || together with Defendant, the “Parties” and each a “Party’’), stipulate and agree as follows: 25 1. Scope and Applicability. Certain documents or electronically stored informatio 26 || relevant to this litigation may contain confidential information, as described herein, the □□□□□□□□□ 27 || of which may be prejudicial to the interests of a Party. Such information is referred to herein < 28 || “Confidential Information.” The Parties may, however, produce certain Confidential Informatio

1 || subject to the terms of this agreement. This Stipulated Confidentiality and Protective Ord 2 || (“Protective Order”) is applicable to the Parties, any additional parties joined in this litigation, an 3 || any third parties subject to this Protective Order and/or otherwise agreeing to be bound by th: 4 || Protective Order. 5 2. Designation of Information. Any document or electronically stored informatio 6 || produced in discovery may be designated as Confidential Information by marking it □ 7 || “CONFIDENTIAL” at the time of production. Such designation shall be made at the time th: 8 || copies are furnished to a party conducting discovery, or when such documents are otherwis 9 || disclosed. Any such designation that is inadvertently omitted during production may be correcte

5 10 || by prompt written notification to all counsel of record. : 11 a. A Party may only designate as “CONFIDENTIAL” any document or an

12 || portion of a document, and any other thing, material, testimony, or other mformation, that 13 || reasonably and in good faith believes contains or reflects: (a) proprietary, business sensitive, ¢ 14 || confidential information; or (b) information that should otherwise be subject to confidenti 28 15 || treatment pursuant to applicable federal and/or state law. 16 b. “CONFIDENTIAL” information and/or materials shall not incluc i 17 || information that either: : 18 1. is in the public domain at the time of disclosure through no act, « 19 || failure to act, by or on behalf of the recipient, its counsel, its expert(s) or other consultant(s), or an 20 || other person to whom disclosure was authorized pursuant to this Protective Order, as evidenced b 21 || □ written document or other competent evidence; 22 il. after disclosure, becomes part of the public domain through no ac 23 || or failure to act, by or on behalf of the recipient, its counsel, its expert(s) or other consultant(s), ¢ 24 || any other person to whom disclosure was authorized pursuant to this Protective Order, as evidence 25 || by written document or other competent evidence; 26 iil. the receiving Party can show by written document or other competet 27 || evidence was already known or in its rightful and lawful possession at the time of disclosure; or 28

] iV. lawfully comes into the recipient’s possession subsequent to the tim 2 || of disclosure from another source without restriction as to disclosure, provided such third party he 3 || the right to make the disclosure to the receiving Party. 4 3. Designation of Depositions. The Parties may designate information disclosed at 5 || deposition as Confidential Information by indicating on the record at the deposition that a specifi 6 || portion of testimony, or any exhibit identified during a deposition, is so designated and subject t 7 || the terms of this Protective Order or, alternatively, any Party may so designate a portion of th 8 || deposition testimony or exhibit within 30 days of receipt of the deposition transcript by so statin 9 || in writing to opposing counsel. If designated during the deposition, the court reporter shall stam

5 10 || the portions of deposition testimony or any exhibit designated as containing Confidenti : 11 || Information as “CONFIDENTIAL” and access thereto shall be limited as provided □□□□

12 || Confidential Information shall not lose its character because it is used as an exhibit to a □□□□□□□□□□ 13 || regardless of whether the deposition or deposition transcript itself is later designated, in whole ¢ 14 || part, as “CONFIDENTIAL INFORMATION.” 28 15 Documents or information designated as “CONFIDENTIAL” may be used or disclosed 1 16 || a deposition and marked as deposition exhibits; the Parties agree that, with the exception of th 17 || witness and court reporter, the only persons permitted under this Protective Order to be preset : 18 || during the disclosure or use of designated documents or information during a deposition are thos 19 || permitted pursuant to the terms of this Protective Order to review the information or material soug! 20 || to be used. Absent an agreement between the Parties, if all persons present at the deposition are nc 21 || permitted under this Protective Order to review the information or material sought to be used, an 22 || person not so permitted shall be instructed by the designating party to leave the room (physical ¢ 23 || virtual) during the period(s) in which the “CONFIDENTIAL” documents or information is bein 24 || used and/or discussed, to the extent reasonably possible. During the course of a deposition, couns: 25 || may anticipate such disclosure and designate in advance certain deposition exhibits, depositio 26 || testimony and portions of any deposition transcript as “CONFIDENTIAL.” 27 4. In advance of a hearing in this matter, the Parties also agree to confer in good fait 28 || to reach an agreement regarding the appropriate protections in the event one or both parties seek t

1 |} use “CONFIDENTIAL” documents or information at the hearing. Nothing in this Order shall lim 2 || a Party’s ability to use its own documents or information, however designated, at a hearing in th 3 || litigation or in any other proceeding, subject to the court’s determination of the admissibility of th 4 || documents or information. 5 5. Non-Waiver of Privilege. The production of documents and information shall n¢ 6 || constitute a waiver in this litigation, or any other litigation, matter or proceeding, of any privileg 7 || Gncluding, but not limited to, the attorney-client privilege, attorney work product privilege « 8 || common defense privilege) applicable to the produced materials or for any other privileged « 9 || protected materials containing the same or similar subject matter. The fact of production «

5 10 || privileged information or documents by any producing Party in this litigation shall not be used as : 11 || basis for arguing that a claim of privilege of any kind has been waived in any other □□□□□□□□□□ 12 || Without limiting the foregoing, this Protective Order shall not affect the Parties’ legal rights t : 13 || assert privilege claims over documents in any other proceeding. : 14 6. Burden of Proof and Challenges to Confidential Information. The party designatin 3 15 || information as Confidential Information bears the burden of establishing confidentiality. Nothin 16 || in this Protective Order shall constitute a waiver of any Party’s right to object to the designation ¢ 17 || non-designation of a particular document as “CONFIDENTIAL.” If a Party contends that an 18 || document has been erroneously or improperly designated or not designated Confidential, th 19 || document at issue shall be treated as Confidential under this Protective Order until (a) the Partie 20 || reach a written agreement or (b) the court issues an order ruling on the designation. In the □□□□ 21 || that a Party disagrees with a Party’s designation of any document or information as Confidentia 22 || the objecting Party shall advise counsel for the designating Party, in writing, of the objection an 23 || identify the document or item with sufficient specificity to permit identification. Within seven □□ 24 || days of receiving the objection, the designating Party shall advise whether the designating Part 25 || will change the designation of the document or item. If this cannot be resolved between the Partie 26 || after the expiration of seven (7) days following the service of an objection, the Party challengin 27 || the confidential designation shall schedule a telephonic conference with the Court in a further effo 28 || to try to resolve the dispute prior to filing any motion. If the dispute still cannot be resolve

1 || following the telephonic conference with the Court, the challenging Party may file a motion 1 2 || resolve the dispute. On such a motion, the Designating Party shall have the burden of proving th: 3 || the disputed information should be subject to the terms of this Protective Order. The protectio 4 || afforded by this Protective Order shall continue until the court makes a decision on the motion. 5 7. Restrictions on Disclosure. All Confidential Information produced or disclosed b 6 || either Party in this litigation shall be subject to the following: 7 a. such documents, information, and things shall be used only in this litigatio 8 || and not for any other purpose whatsoever; 9 b. such documents, information, and things shall not be shown □

5 10 || communicated in any way inconsistent with this Protective Order or to anyone other than “Qualifie : 11 || Persons,” defined below, which persons receiving Confidential Information shall not make furth«

12 || disclosure to anyone except as allowed by this Protective Order; and 13 c. no one except Qualified Persons identified in paragraph 8 shall be provide 14 || copies of any Confidential Information. 28 15 8. Qualified Persons. “Qualified Persons” means: 16 a. the court, court officials and authorized court personnel, jurors, stenographi i = 17 || reporters, and videographers at depositions taken in this action; : 18 b. counsel of record for the Parties (including partners, associates, paralegal 19 || employees and persons working at the law firms of the Parties’ respective counsel), in-hous 20 || counsel and contract attorneys retained by counsel for the Parties to provide services in connectio 21 || with this litigation; 22 c. if the Party is an entity, current or former officers or employees of the Part 23 d. third parties retained by counsel for a Party or by a Party as consultin 24 || experts or testifying expert witnesses; 25 €. with respect to a specific document, the document’s author, addressee, « 26 || mtended or authorized recipient of the Confidential Information and who agrees to keep th 27 || formation confidential, provided that such persons may see and use the Confidential Informatio 28 || but not retain a copy;

] f. nonparties to whom Confidential Information belongs or concerns; 2 g. witnesses who are appearing for deposition or other testimony in this cas 3 || voluntarily or pursuant to a validly issued subpoena; 4 h. a mediator or other settlement judge selected or agreed-upon by the Parti 5 || in connection with any attempted resolution of the litigation; 6 i. Clerical or ministerial service providers, including outside copying service 7 || litigation support personnel, or other independent third parties retained by counsel for the Partie 8 || to provide services in connection with this litigation; or 9 J: any other person by order of the court after notice to all Parties an

5 10 || opportunity to be heard, or as agreed between the Parties. : 11 9. Acknowledgment. Any Qualified Person identified in paragraph 8(d)-() to □□□ 12 || the opposing Party’s Confidential Information is shown or to whom information contained in suc 13 || materials is to be revealed shall first be required to execute the attached Acknowledgement an 14 || Agreement To Be Bound To Stipulated Confidentiality Agreement And Protective Order (th 28 15 || “Acknowledgement”), the form of which is attached hereto as “Exhibit A” and to be bound by th 16 || terms of this Protective Order. As to each person to whom any Confidential Information 1s disclose 17 || pursuant to the Acknowledgement and this Protective Order, such information may be used onl 18 || for purposes of this litigation and may not be used for any other purpose. 19 10. Conclusion of the Litigation. Upon conclusion of this Litigation, whether b 20 || judgment, settlement, or otherwise, counsel of record and each Party, person, and entity wh 21 || obtained Confidential Information or information claimed to be confidential shall assemble an 22 || return to the producing Party all materials that reveal or tend to reveal information designated < 23 || Confidential Information, except all such materials constituting work product of counsel. In th 24 || alternative, all such materials may be destroyed, with written certification of destruction or deletio 25 || provided to the producing Party upon request, except that a Party may retain Confidenti 26 || Information generated by it, unless such Confidential Information incorporates the Confidenti 27 || Information of another Party in which case all such Confidential Information shall be destroyed ¢ 28 || deleted. No originals or copies of any such Confidential Information will be retained by any perso

1 || or entity to whom disclosure was made. However, counsel of record and designated in-hous 2 || counsel for the Parties are permitted to retain copies of all pleadings, motions, depositions an 3 || hearing transcripts (and exhibits thereto), exhibits, and attorney work product that contai 4 || Confidential Information consistent with his or her ordinary file management and/or documet 5 || retention policies and/or those of his or her firm. In doing so, the retaining Party agrees to execut 6 || an agreement that all such documents will be quarantined for record retention only and not for us 7 || tm other matters involving the Parties or with any other client or shared outside of the organizatiot 8 || While the Court will not retain jurisdiction over this Protective Order upon the conclusion of th: 9 || Litigation, the confidentiality obligations imposed by and the treatment accorded under th:

5 10 || Protective Order shall survive the termination of this Litigation. : 11 11. Equal Application. This Protective Order may be applied equally to informatio 12 || obtained by a producer in response to any subpoena, including, in particular, information produce 13 || by non-parties. Any non-party that designates any information as “Confidential” pursuant to th ai 14 || Protective Order may agree to submit to the Court’s jurisdiction with regard to the determinatio 28 15 || of disputes involving such designations. 16 12. —_ List of Names. All counsel shall maintain a list of the names of all third parties th: 17 || are not parties to the underlying litigation to whom disclosure of Confidential Information we 18 || made. 19 13. Retroactive Designation. Confidential Information previously produced before th 20 || entry of this Order, if any, may be retroactively designated as “CONFIDENTIAL.” or and □□□□□□ 21 || to this Protective Order by notice in writing of the designated class of each document by Bate 22 |) number within thirty (30) days of the entry of this Order. 23 14. —_ Inadvertent Production or Disclosure of Confidential Information. In the event th: 24 || a Party inadvertently produces Confidential Information, without the required “CONFIDENTIAL 25 || legend, the producing Party shall contact the receiving Party as promptly as reasonably possib! 26 || after the discovery of the inadvertent production, and inform the receiving Party in writing of th 27 || madvertent production and the specific material at issue. Such inadvertent or unintention: 28 || disclosure shall not be deemed a waiver in whole or in part of the producing Party’s claim ¢

1 || confidentiality, either as to specific documents and information disclosed or on the same or relate 2 || subject matter. Upon receipt of such notice, the receiving Party or Parties shall treat the materi: 3 || identified in the notice as Confidential under this Protective Order, subject to the provisions 1 4 || paragraph 6 regarding any challenges. 5 15. Use of Confidential Information at Hearing or Trial. Nothing in this Order sha 6 || preclude a Party from disclosing or offering into evidence at the time of trial or during a hearin 7 || any document or information designated as “CONFIDENTIAL” subject to the rules of evidenc 8 || and any other Party’s objections as to the admissibility or claims of confidentiality of the documet 9 || or information. However, if a Party anticipates using or disclosing Confidential Information at

5 10 || trial or during a hearing (except for purposes of impeachment), it shall give the designating Part : 11 || at least three (3) business days’ notice prior to its use or disclosure. A Party’s attachment of ¢ 12 || reference to “Confidential Information” in briefing related to the hearing, or on a trial exhibit lis 13 || constitutes the notice contemplated herein. The Court may take such measures, as it deer : 14 || appropriate, to protect the claimed confidential nature of the document or information sought to b 3 15 || admitted and to protect the Confidential Information from disclosure to persons other than thos 16 || identified in paragraph 8 and who have signed Exhibit A, where necessary, under this Order. 17 If a Party seeks to file unredacted Confidential Information, it shall file a motion with th 18 || Court for filing under seal, unless the producing Party otherwise agrees. Any motion to file und 19 || seal must comply with Local Rule IA 10-5 and the Ninth Circuit’s directives in Kamakana v. Cii 20 || and County of Honolulu, 447 F.3d 1172 (9th Cir. 2006). 21 16. = Pre-Existing Confidentiality Obligations. This Protective Order in no way □□□□□□□ 22 || any prior agreement between the Parties that may be applicable. 23 17. No Waiver. This Protective Order does not waive or prejudice the right of any Part 24 || or non-party to apply to a court of competent jurisdiction for any other or further relief or to objec 25 || on any appropriate grounds to any discovery requests, move to compel responses to discover 26 || requests, and/or object to the admission of evidence at any hearing on any ground. 27 18. No Admission. Entering into, agreeing to, and/or complying with the terms of th 28 || Protective Order shall not operate as an admission by any Party that any particular documen

1 || testimony of information marked “CONFIDENTIAL” contains or reflects trade secrets, □□□□□□□□□□□ 2 || confidential or competitively sensitive business, commercial, financial or personal information. 3 19. Modification. This Protective Order may be modified or amended either by writte 4 || agreement of the Parties or by order of the court upon good cause shown. No oral waivers of th 5 || terms of this Protective Order shall be permitted between the Parties. 6 20. Future Orders. Nothing in this Protective Order shall prohibit the Parties □□□□ 7 || seeking an order from the court regarding the production or protection of documents reference 8 || herein or other materials in the future. 9 DATED this _ day of May, 2023.

10 || McDONALD CARANO LLP WOLF, RIFKIN, SHAPIRO, SCHULMAN « RABKIN, LLP < 11 D By: /s/_ Kristen T. Gallagher By: /s/_ Rovi Moas Kristen T. Gallagher (NSBN 9561) Royi Moas (NSBN 10686) 13 2300 West Sahara Ave., Ste. 1200 Daniel Bravo (NSBN 13078) Las Vegas, Nevada 89102 3773 Howard Hughes Parkway gt 14 Telephone: (702) 873-4100 Suite 590 South kgallagher@mcdonaldcarano.com Las Vegas, Nevada 89169 Telephone: (702) 341-5200 R 16 Matthew P. Previn (admitted pro hac vice) rmoas@wrslawyers.com <6 PAUL HASTINGS LLP dbravo@wrslawyers.com z* 47 200 Park Avenue Telephone: (212) 318-6049 Jason J. Thompson (admitted pro hac vice 18 New York, NY 10166 Kevin J. Stoops (admitted pro hac vice) matthewprevin@paulhastings.com David R. Parker (admitted pro hac vice) 19 SOMMERS SCHWARTZ, P.C. 0 Michael Morrill (admitted pro hac vice) One Town Square, Suite 1700 PAUL HASTINGS LLP Southfield, Michigan 48076 71 71 S. Wacker Drive, 45th Floor Telephone: (248) 355-0300 Chicago, Illinois 60606 jthompson@sommerspc.com 22 Telephone: (312) 499-6064 kstoops@sommerspc.com 73 michaelmorrill@paulhastings.com dparker@sommerspc.com 24 Attorneys for Defendant Hometown Equity Attorneys for Plaintiff Idan U. Edry Mortgage LLC d/b/a TheLender 95 IT IS SO ORDERED. 26 Loa oat. 27 Cam Ferenbach 28 United States Magistrate Judge DATED 5-31-2023

1 UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA 3 || IDAN U. EDRY, an individual, on behalf of Case No: 2:22-cv-00804-MMD-VCF himself and others similarly situated, 4 . Plaintiff, EXHIBIT A vs: ACKNOWLEDGEMENT AND 6 || HOMETOWN EQUITY MORTGAGE, LLC, a AGREEMENT TO BE BOUND TO Missouri limited-liability company, D/B/A STIPULATED CONFIDENTIALITY 7 || THELENDER. AGREEMENT AND PROTECTIVE ORDER 8 Defendants. I, , hereby acknowledge receipt of a copy of th 9 10 || Stipulated Confidentiality Agreement and Protective Order (“Protective Order”) entered in th 3 above-referenced action, and agree as follows:

D 1. I acknowledge that I have read the Protective Order and agree to be bound by 1 ae terms and conditions and to hold any “Confidential Information” and/or materials disclosed to m B in accordance with the Protective Order. es 14 2. I will take all steps reasonably necessary to ensure that any secretarial, clerical, « other personnel who assist me in connection with my participation in this action will likewis BS 15 comply with the terms and conditions of the Protective Order.

16 3. I further understand that I am to retain all copies of all documents or informatio 24 marked pursuant to the Protective Order in a secure manner, and that all copies of such materia sa 17 || ate to remain in my personal custody until termination of my participation in the above-reference litigation, whereupon the originals or any copies of such materials, and any work product derive 18 from said information and/or materials, will be returned to counsel who provided the under wit 8 such materials. 19 4. To assure my compliance with the Protective Order, I submit to the jurisdiction ¢ 0 the above-referenced Court for the limited purpose of any proceeding related to the enforcemet of, performance under, compliance with or violation of the Protective Order and understand th: 1 the terms of the Protective Order obligate me to use materials designated as Confidential 1 accordance with the Protective Order solely for the purposes of the above-referenced litigation, an not to disclose any such Confidential Information to any other person, firm or concern. 3 I declare under penalty of perjury that the foregoing is true and correct. 24 Dated this day of ,20_.. 25 Signature: Name (printed): 26 Title/Position: Employer: 27 Address: 28 Page 10 of 10