1 | JOSEPH Y. HONG, ESQ. Nevada Bar No. 5995 2 | HONG & HONG LAW OFFICE 1980 Festival Plaza Dr., Suite 650 3 | Las Vegas, NV 89135 Ph: (702) 870-1777 4 | Fax: (702) 870-0500 5 E-mail: yosuphonglaw/a@)gmail.com Attorney for LKimmy, Inc. 6 UNITED STATES DISTRICT COURT 8 DISTRICT OF NEVADA Ok OK 9 10 LKIMMY, Inc., Case No.: 2:19-CV-01833-JCM-BNW 11 Plaintiff, 12 v. STIPULATED PROTECTIVE ORDER 13 BANK OF AMERICA, N.A., a national banking 14 association; DOES I through X and ROE BUSINESS ENTITIES I through X, inclusive, 15 Defendants. 16 17 Plaintiff, LKIMMY, INC., and Defendant, BANK OF AMERICA, N.A., stipulate to the 18 following Protective Order: 19 To expedite the flow of discovery, facilitate the prompt resolution of disputes □□□□ 20 >] confidentiality, adequately protect material claimed to be confidential, and ensure protection i: 47 || afforded only to material so designated, it is, pursuant to the Court's authority under Rule 26(c) 23 | ORDERED this Protective Order shall govern the disclosure, handling and disposition o: 24 | documents in this litigation as follows: 1. Application. 26 1.t = This Protective Order shall govern any document, information or other material tha 27 is designated as containing "Confidential Information" as defined herein, and is produced ir

1 | connection with this litigation by any person or entity (the "producing party"), whether in respons 2 | toa discovery request, subpoena or otherwise, to any other person or entity (the "receiving party" 3 regardless of whether the person or entity producing or receiving such information is a party to thi 4 litigation. 5 6 2. Definitions. 7 2.1 Confidential Information. "Confidential Information" shall mean and include 8 | without limitation, any non-public information that concerns or relates to the following areas 9 | confidential proprietary information, trade secrets, practices and procedures, personal financia information, commercial, financial, pricing, budgeting, and/or accounting information, informatior about existing and potential customers, marketing studies, performance projections, busines: strategies, decisions and/or negotiations, personnel compensation, evaluations and othe

14 employment information, and confidential proprietary information about affiliates, parents 15 || subsidiaries and third-parties with whom the parties to this action have or have had busines: 16 || relationships. 17 2.2 Documents. As used herein, the term "documents" includes all writings, records 18 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 othe

tangible things subject to production under the Federal Rules of Civil Procedure. 2 2.3. Producing Party. "Producing Party" means the party, or the person or entity othe 23 || than a party, that produces documents or information considered by that party/person/entity to be 24 || Confidential Information, and includes a party asserting a confidentiality interest in informatior 25 produced by others, 26 2.4 Receiving Party. "Receiving Party” means that party/person/entity receiving o: requesting production of Confidential Information.

1] 3, Initial Designation. 2 3.1 Good Faith Claims. Claims of confidentiality will be made with respect tc 3 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 □□□□

6 claims made pursuant to paragraph 5, below shall also be made only in good faith. 7 3.2 Produced Documents. A party producing documents that it believes constitute o: 8 | contain Confidential Information shall state that the material is being produced under this Protective 9 | Order by describing the documents or materials to be treated as confidential in writing, by page o: bates number wherever possible and/or shall produce copies bearing a label that contains or include: language substantially identical to the following: CONFIDENTIAL

14 This label shall be affixed in a manner that does not obliterate or obscure the contents of the 15 | copies. If any person or party makes copies of documents designated as containing Confidentia 16 || Information, the copying person or party shall mark each such copy as containing Confidentia 17 | Information in the same form as the Confidentiality notice on the original document. 18 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 47 || @ label or stamp to the data storage device in the manner described above at the time copies of sucl 23 || data storage devices are produced. If the receiving party or other persons or entities to whon 24 | disclosure is authorized pursuant to subparagraph 7.1 make a copy of any data storage □□□□□ 25 designated by the producing party as containing Confidential Information, the receiving party o 26 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 □□□□□□□□□□

1 | party or other authorized person prints out or otherwise makes copies of the documents o1 2 information stored on such data storage device, the receiving party or other authorized person shal 3 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 discover 6 demand believes that its answer contains Confidential Information, it shall state so in the 7 | interrogatory response, and that portion of the response will be entitled to the protections of thi: 8 | order. 9 3.4 Inspection of Documents. In the event a party elects to produce files and records foi inspection and the requesting party elects to inspect them, no designation of Confidentia Information needs to be made in advance of the inspection. For purposes of such inspection, al material produced shall be considered as Confidential Information. If the inspecting party select:

14 specified documents to be copied, the producing party shall designate Confidential Information i 15 | accordance with subparagraph 3.2 at the time the copies are produced. 16 3.5 Deposition Transcripts. The party asserting confidentiality shall state on the □□□□□ 17 | the portions it deems confidential. The failure to designate testimony on the record as confidentia 18 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 notification.

3.6 Inadvertent Failure to Designate. Inadvertent failure to identify documents or thing. 49 || as "Confidential" pursuant to this Protective Order shall not constitute a waiver of any □□□□□□□□□ 23 | valid claim for protection, provided that the provisions of this paragraph are satisfied. If the 24 | designating party discovers that information should have but was not designated "Confidential" o: if the designating party receives notice that would enable the designated party to learn that it ha: 26 disclosed such information, the designating party must immediately notify all other parties. in suck event, within thirty (30) days of notifying all other parties, the designating parties must also provide

1 || copies of the "Confidential" information designated in accordance with this Protective Order. A fte 2 receipt of such re-designated information, the "Confidential" information shall be treated a: ; 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

6 designated party all previously produced copies of the same unlegended documents or things. The 7 | designating party and the parties may agree to alternative means. The receiving party(ies) shal 8 || receive no liability, under this Protective Order or otherwise, for any disclosure of informatior 9 | contained in unlegended documents or things occurring before the receiving party was placed o1 notice of the designating party's claims of confidentiality. 4. Designations by Another Party. 4.1 Notification of Designation. If a party other than the producing party believes that ; 14 producing party has produced a document that contains or constitutes Confidential Information o 15 | the non-producing party, the non-producing party may designate the document as Confidentia 16 | Information by so notifying all parties in writing within fourteen (14) days of service of the 17 | document. 18 4.2 Return of Documents, Non-disclosure. Whenever a party other than the □□□□□□□□□ party designates a document produced by a producing party as Confidential Information it

accordance with subparagraph 4.1, each party receiving the document shall either add th 39 | Confidential Information designation in accordance with subparagraph 3.2 or substitute a copy o 23 || the document bearing such designation for each copy of the document produced by the producin; 24 || party. Each party shall destroy all undesignated copies of the document or return those copies te 25 the producing party, at the direction of the producing party. No party shall disclose a □□□□□□□□ 26 document to any person, other than the persons authorized to receive Confidential Informatio: under subparagraph 7.1, until after the expiration of the fourteen (14) day designation perio

1 || specified in subparagraph 4.1. If during the fourteen (14) day designation period a party disclose 214 produced document to a person authorized to receive Confidential Information unde ; subparagraph 7.1, and that document is subsequently designated as Confidential Information it accordance with subparagraph 4.1, the disclosing party shall cause all copies of the document to b

6 destroyed or returned to the producing party, at the direction of the producing party. The party □□□ 7 || thereafter disclose a copy of the document that has been marked as Confidential Information by the 8 || designating party, in accordance with subparagraphs 3.2 and 7.1. 9 5. Objections to Designations. Any party objecting to a designation of Confidentia Information, including objections to portions of designations of multi-page documents, shall notif the designating party and all other parties of the objection in writing forty-five (45) days before tria of the matter. This notice must specifically identify each document that the objecting party in goox 14 faith believes should not be designated as Confidential Information and provide a brief statemen 15 | of the grounds for such belief. In accordance with the Federal Rules of Civil Procedure □□□□□□□□□ 16 | discovery disputes, the objecting and the designating parties thereafter shall confer within ten (10 \7 days after the date of such objection in an attempt to resolve their differences. If the parties ar: 18 unable to resolve their differences, the designating party shall have fourteen (14) days after th conference concludes to file with the Court a motion to deem the information as Confidentia

> Information. Where a party authored, created, owns, or controls a document, information or othe 2 material that another party designates as Confidential Information, the party that authored, created 23 || owns, or controls the Confidential Information may so inform the objecting party and thereafte 24 || shall also be considered a designating party for purposes for this paragraph. 25 All documents, information and other materials initially designated as Confidentia 76 Information shall be treated as such in accordance with this Protective Order unless and until thi Court rules otherwise, except for deposition transcripts and exhibits initially considered a

1 | containing Confidential Information under subparagraph 3.5, which will lose their confidentia 2 | status after fourteen (14) days unless so designated as Confidential Information. If the Court rule: ; that a designation should be maintained as to a particular document, the producing party shall, upor written request by a party, provide that party a copy of that document without the designatior 6 described in subparagraph 3.2. The objecting party shal! bear the burden of proof to establish the information or documen 8 || is not entitled to the Confidential Information designation. 9 If a designating party elects not to make such a motion with respect to documents withit fourteen (14) days after the conference, information or other materials to which an objection ha: been made, the Confidential Information designated shall be deemed withdrawn. The objectin; party shall have fourteen (14) days to respond to the objecting party's motion. If no response is filec

14 by the objecting party within fourteen (14) days, the objecting party shall be deemed to have 15 | consented to the designating party's motion. 16 6. Custody. All Confidential Information and any and all copies, extracts an 17 | summaries thereof, including memoranda relating thereto, shall be retained by the receiving part 18 in the custody of counsel of record, or by persons to whom disclosure is authorized unde 19 subparagraph 7.1. 20 7. Handling Prior to Trial.

22 7.1. Authorized Disclosures. Confidential Information shal! be disclosed by the receivin; 93 || party only to the following persons: 24 a. Counsel for the parties in this litigation, including their associates, clerks, paralegals 2) | and secretarial personnel; 26 b. Qualified persons taking testimony in this litigation involving such Confidentia Information, and necessary stenographic, videotape and clerical personnel;

c. Experts and their staff who are retained by counsel as expert witnesses for a party it 2 | this litigation; ; d. Experts and their staff who are consulted by counsel for a party in this litigation; e. Parties to this litigation, limited to the named party and, if that party is a corporat 6 entity, a limited number of employees of the corporate entity and its insurers; 7 f. Designated in-house counsel and a limited number of assistants, administrative o: 8 | otherwise; 9 g. Outside vendors employed by counsel for copying, scanning and general handlin; 10 of documents; h. Any person of whom testimony is taken regarding the Confidential Information except that such person may only be shown Confidential Information during his/her testimony, anc 14 | may not retain a copy of such Confidential Information; and 15 i. This Court and this Court's staff, subject to the Court's processes for filing material. 16 | under seal. 17 Such disclosures are authorized only to the extent necessary to investigate, prosecute, 0: 18 defend the litigation. Confidential Information may not be disclosed to persons under subparagraphs (c) or (d until the receiving party has obtained a written acknowledgment from the person receivin; 99 Confidential Information, in the form of the Declaration attached hereto as Exhibit A, that he or she 23 || has received a copy of this Protective Order and has agreed to be bound by it. A party who disclose: 24 | Confidential Information in accordance with subparagraph 7.1 shall retain the writter 25 acknowledgment from each person receiving Confidential Information, shall maintain a list of al 26 persons to whom a receiving party has disclosed Confidential Information and identify wha documents have been disclosed, and shall furnish the written acknowledgments and disclosure lis

1 | to opposing counsel as follows: (i) for a person under subparagraph (c), within thirty (30) days after 2 1 the person signs the Declaration, and (ii) for a person under subparagraph (d), within thirty (30) ; days after the matter is finally concluded. Disclosure of Confidential Information to this Cour including judicial staff, shall be made in accordance with subparagraph 7.4 of this Protective Order.

6 7.2 | Unauthorized Disclosures. All persons receiving Confidential Information under the 7 || terms of this Protective Order are under the jurisdiction of the state courts and U.S. federal courts 8 | located in Nevada for all matters arising from the improper disclosure or use of such information. 9 | If Confidential Information is disclosed to any person other than in the manner authorized by this Protective Order, the party or person responsible for the disclosure, and any other party or person who is subject to this Protective Order and learns of such disclosure, shall immediately bring such disclosure to the attention of the designating party. Without prejudice to other rights and remedies

14 of the designating party, the responsible party or person shall make every effort to obtain and returr 15 | the Confidential Information and to prevent further disclosure on its own part or on the part of the 16 | person who was the unauthorized recipient of such information. 17 7.3 Court Filings. In the event any Confidential Information must be filed with the Cour 18 prior to trial, the proposed filing shall be accompanied by a motion to file the Confidentia Information under seal that complies with Local Rule IA 10-5(a) and proposed order, and the application and proposed order shall be directed to the judge to whom the Confidential Informatior 37 | is directed. This provision is applicable to briefs, memoranda, and other filings which quote 323 || summarize, or describe Confidential Information. 24 If, in the event that any stamped Confidential document or the information contained thereir 25 | is included with, or the contents thereof are in any way disclosed, in any pleading, motion 26 deposition transcript or other paper filed with Clerk of any Court, the Producing Party will have ar opportunity to request the Court to preserve the confidentiality of that stamped confidentia

1 | document as the Court deems appropriate, consistent with the Ninth Circuit’s opinion in Kamakanc 2 v. City and County of Honolulu,

, 1178-79 (9th Cir. 2006). Until the Court make: 3 a determination on the preservation of confidentiality, such protected documents and informatior shall be filed under seal and maintained under seal by the Clerk until further order of this Court

6 The use of any protected document or of the information contained therein and any testimony 7 || associated with the protected information contained therein shall be held in camera, if necessary, tc 8 | prevent disclosure to nonparties, or otherwise under such circumstances as will prevent the 9 | inadvertent disclosure of such documents and information, unless the Court orders otherwise upor good cause shown. This paragraph shall not apply with respect to documents admitted intc evidence as exhibits at the trial of this matter. The Producing Party reserves the right, however, tc petition the Court for protection with respect to such documents admitted into evidence as exhibit:

14 at trial. 15 8. Care in Storage. Any person in possession of Confidential Information producec 16 || by another party shall exercise reasonable and appropriate care with regard to the storage, custody 17 copying, and use of such information to ensure that the confidential and sensitive nature of same i: 18 maintained. 19 9. Handling During Trial, Confidential Information that is subject to this Order may

be marked and used as trial exhibits by either party, subject to terms and conditions as imposed by 97 | the Court upon application by any party. 23 10, No Implied Waivers. This Protective Order shall not be interpreted as a waiver o: 24 | the right to object, under applicable law, to the furnishing of information in response to discovery 25 requests or to object to a requested inspection of documents or facilities. Parties producing 26 Confidential Information in this litigation are doing so only pursuant to the terms of this Protective Order. The taking of any action in accordance with the provisions of this Protective Order shall no

1 || be interpreted as a waiver of any claim or position or defense in this action, or any other actions. 2 11. No Admission. The designation of any item as Confidential Information shall no ; be construed as an admission that such material, or any testimony concerning such material, woul be admissible in evidence in this litigation or in any other proceeding. 6 12. Inadvertent Disclosure. Nothing in this Protective Order abridges applicable lav 7 || concerning inadvertent disclosure of a document that the Disclosing Party believes contain: 8 | attorney-client communications, attorney work product or otherwise privileged information. If ; 9 | party inadvertently discloses documents or information subject to a claim of privilege or worl product protection under applicable law. Upon discovery by the Receiving Party, or receipt o written notice from the Disclosing Party identifying privileged or protected Documents that wer inadvertently produced, the receiving party shall within seven (7) business days either: (a) return o: 14 certify the destruction of all such documents, all copies, and any work product or portions of any 15 || work-product containing or reflecting the contents of the subject materials, or (b) after attempting 16 | to resolve any dispute with opposing counsel informally, file a motion to challenge the assertion o 17 privilege and tender the subject documents for in camera review with the motion. The moving party 18 shall do nothing to compromise the privilege claim until the Court rules on said motion and the opportunity for appellate review is exhausted or the issue is otherwise resolved. 13. Parties’ Own Documents. This Protective Order shall in no way restrict the partie: 39 || in their use of their own documents and information, and nothing in this Protective Order shal 23 || preclude any party from voluntarily disclosing its own documents or information to any party o 24 || nonparty. 25 14. Motion by Third Party to Compel Production of Confidential Information. [| 26 any third party issues a subpoena for Confidential Information from a party to this action or move: to compel a party to this action to produce any such information, such party shall immediatels

1 | notify the parties who originally produced and/or designated such information that a subpoena ha: 2 | been served or a motion has been made in order to allow the parties who originally produced □□□□□□ 3 designated such information the opportunity to seek a protective order or oppose the motion □□ application. If, within thirty (30) days after receiving notice of a subpoena seeking Confidentia

6 Information from a receiving party, the party who originally produced and/or designated sucl 7 | information fails to move for a protective order, the party subject to the subpoena may produce saic 8 | information. In addition, if a party is ordered to produce Confidential Information covered by thi: 9 | Protective Order, then notice and, if available, a copy of the order compelling disclosure shal immediately be given the parties who originally produced and/or designated such information Nothing in this Protective Order shall be construed as requiring the party who is ordered to produce such Confidential Information to challenge or appeal any order requiring the production of sucl

14 information or to subject himself/herself to any penalty for non-compliance with any legal proces: 15 || or seek any relief from the Court. 16 15. No Effect on Other Rights, This Protective Order shall in no way abrogate □□ 17 | diminish any pre-existing contractual, statutory, or other legal obligations or rights of any party 18 with respect to Confidential Information. 16. Modification, In the event any party hereto seeks a Court order to modify the term:

of this Protective Order, or seeks a protective order which incorporates the terms and conditions o this Protective Order said party shall make such request by written stipulation or noticed motion t 23 || all parties that must be served and filed in accordance with local court rules. 24 17. Handling Upon Conclusion of Litigation. All parties, counsel, and person □□ 25 | whom disclosure was made agree to return all Confidential Information to the designating party 26 within thirty (30) days of the conclusion of litigation between the parties, including final appellate action or the expiration of time to appeal or seek further review. In addition, counsel shall certify

1 | in writing that all such Confidential Information have been returned. Counsel for each party alsc 2 | shall contact each person to whom that party has provided a copy of any Confidential Informatior 3 and request the documents be returned. In lieu of returning Confidential Information, the person □□ 4 party in possession of such information may elect to destroy it. If the person or party in □□□□□□□□□□ 5 6 of Confidential Information elects to destroy it rather than return it, that person or party must □□□□□□ 7 || the designating party in writing of the destruction of the information within ninety (90) days of the 8 | conclusion of litigation between the parties, including final appellate action or the expiration □□ 9 | time to appeal or seek further review. 18. Survival of the Terms of this Protective Order, Even after the termination of thi: 11 litigation, the confidentiality obligations imposed by this Protective Order shall remain in effec 12 until a Designating Party otherwise in writing or a court order otherwise directs.

14 HONG & HONG LAW OFFICE WILSON, ELSER, MOSKOWITZ EDELMAN & DICKER LLP 15 16 | By:&/ Joseph Y. Hong By:/s/ Chad C. Butterfield JOSEPH Y. HONG, ESQ. CHAD C. BUTTERFIELD, ESQ. 17 | Nevada Bar No. 5995 Nevada Bar No. 010532 1980 Festival Plaza Dr., Suite 650 300 South Fourth Street, 11'" Floor 18 | Las Vegas, NV 89135 Las Vegas, NV 89101 19 Attorney for Plaintiff LKimmy, Inc. Attorney for Defendant Bank of America, N.A 20 ORDER IT IS SO ORDERED. 21 DATED this 8th day of April, 2020.

23 IT IS ORDERED that ECF No. 13 is GRANTED. Z 24 IT IS FURTHER ORDERED that UNITED STATES MAGISTRATE JUDGE ECF Nos. 11 and 14 are 26 | DENIED as moot. 27 | FURTHER ORDERED that 28 the hearing set for 4/22/20 on ECF No. 11 is VACATED.