Oscar Larach et al v. Delquin Plastics USA, Inc. et al

Filing 44

PROTECTIVE ORDER GOVERNING THE DESIGNATION AND HANDLING OF CONFIDENTIAL MATERIALS by Magistrate Judge Alicia G. Rosenberg. re Stipulation for Protective Order #43 . NOTE CHANGES MADE BY THE COURT. (See Order for Further Details) (kl)

Christopher Darrow(SBN 70701)
Darrowd DarrowLegal.com
2 748 23 treet, Suite 1
Santa Monica CA 90402
3 Attorneys for ~elquin Plastics USA,Inc., et al.
1

Mark H. Plager(SBN 192259)
[e-mail]
5 Michael L. Schack ~SBN 128784)
michaels@pla ersc ack.com
Megan Coane~SBN 280911)
6 mcoane@pla erschack.com
16152 Beach~oulevard Suite 207
7 Huntington Beach, CA X2647
Attorneys for Oscar Larach and EcoRain America LLC
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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA--WESTERN DIVISION

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Plaintiff/Counterdefendants,

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(~OT~T I V E
ORDER
THE
GOVERNING
DESIGNATION AND
HANDLING OF
CONFIDENTIAL MATERIALS

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OSCAR LARACH,et al.
Defendants/Counterclaimants.

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CASE NO.2:16-cv-05518
TJH(AGRat)

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R?N~~s m+9~ B~1

Related Case No. 2:16-cv-05762
TJH(AGl~)

AR LARACH,eta ,
Plaintiffs/Counterdefendants,
v.

21

DELQUIN PLASTICS USA,INC., et al,

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Defendants/Counterclaimants

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25
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6
27
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STIPULATION FOR AN ORDER GOVERNING THE
DESIGNATION AND HANDLING OF CONFIDENTIAL MATERIALS
Delquin Plastics USA, Inc., EcoRain Systems, Inc., EcoRain Tank Systems
of America, Inc., Manuel Arriagada, and Margarita Arriagada ("Delquin Parties"),
and Oscar Larach and EcoRain America, LLC ("Larach Parties") , (collectively
-1STIPULATION FOR ORDER GOVERNING THE DESIGNATION AND HANDLING OF CONFIDENTIAL
MATERIALS

1

"the Parties") hereby enter into this stipulation for an order governing the

2

designation and handling of confidential materials ("Confidentiality Order").

3

1
.

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Purposes, Limitations, and Statement of Good Cause
1.

The Parties represent that pretrial discovery in this case will

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6

material describing the parties' respective lists of actual and potential customers,

8

employment agreements, schematic diagrams, confidential research, customer

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invoices, third-party agreements, pricing and sales information, market surveys,

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business of the parties or of third parties, and may require the production of

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necessarily focus on matters that are confidential and proprietary to the ongoing

confidential costs and manufacturing information, business plans and non-public

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f
inancial information and projections.
2
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Such information falls within recognized categories of information

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which may be protected from public disclosure through confidentiality

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designations under a Confidentiality Order in keeping with this Stipulation and

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which may include non-public, proprietary, or confidential information that

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constitutes or concerns trade secrets as defined by Cal. Civ. Code Secs.3426 et seq.

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See Cal. Civ. Code § 3426.5 ("a court shall preserve the secrecy of an alleged trade

18

secret by reasonable means").

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The Parties further represent that unrestricted disclosure of such

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material poses a substantial risk of great economic harm in that discovery of a

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party's trade secrets or other proprietary and confidential commercial information

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would put the party at a competitive disadvantage and would be a windfall to the

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discovering (competing) party.

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4

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.

More specifically, good cause exists for this Court to enter the

25

Confidentiality Order because it allows the parties to disclose documents in the

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6

litigation of this matter without suffering from an economic and business detrimen~

27

that would result from the disclosure of "Confidential" or "Highly Confidential -

28

Attorneys' Eyes Only" material. The disclosure of any "Confidential" or "Highly
-2STIPULATION FOR ORDER GOVERNING THE DESIGNATION AND HANDLING OF CONFIDENTIAL
MATERIALS

1

Confidential —Attorneys' Eyes Only" material would harm the parties financially

2

and result in loss of business opportunities because the parties' competitors would

3

gain an unfair advantage over the parties if they learn the parties' "Confidential" or

4 "
Highly Confidential —Attorneys' Eyes Only" material. The Parties themselves
5

are competitors. This material should be protected because it may reveal the

6

parties' current financial status, business strategies, business structure, research

7

and development activities, customer lists and customer information and future

8

opportunities and business plans.
5.

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Moreover, entry of the Confidentiality Order will permit the parties to

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be more forthcoming in the exchange of confidential information, which may

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facilitate resolution of this case.

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6.

For the foregoing reasons, good cause exists for entry of a stipulation

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f an order governing the designation and handling of confidential materials to
or

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facilitate pretrial disclosure while assuring the safety ofthese sensitive disclosures.

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The Parties acknowledge that the Confidentiality Order does not

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confer blanket protections on all disclosures or responses to discovery and that the

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protection it affords extends only to the limited information or items that are

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entitled under the applicable legal principles to treatment as confidential. The

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Parties further acknowledge, as set forth in Section 10 (Filing Protected Material)

2
0

below, that the Confidentiality Order creates no entitlement to file confidential

21

information under seal; rather, Civil Local Rule 79-5 sets forth the procedures to

22

be followed and the standards to be applied when a party seeks permission from

23

the Court to file material under seal.

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2

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.

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Definitions
2
.1

etP

. Any party to this action, including all of its officers, directors,

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6

employees, consultants, retained experts, and outside counsel (and their support

27

staff.

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2.2

Disclosure or Discovery Material.

All items or information,

-3STIPULATION FOR ORDER GOVERNING THE DESIGNATION AND HANDLING OF CONFIDENTIAL
MATERIALS

1

regardless of the medium or manner generated, stored, or maintained (including,

2

among other things, testimony, transcripts, or tangible things) that are produced or

3

generated in disclosures or responses to discovery in this matter.

4

2
.3

"Confidential" Information or Items. Information (regardless of how

5

generated, stored or maintained) or tangible things that qualify for protection under

6

standards developed under by Federal Rule of Civil Procedure 26(c).

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2
.4

"Hi~y Confidential — Attornets

yes Only" Information or Items.

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Extremely sensitive Confidential Information or Items whose disclosure to another

9

Party or non-party would create a substantial risk of serious injury that could not

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be avoided by less restrictive means.
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Receiving Party.

A Party that receives Disclosure or Discovery

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Producing Party_. A Party or non-party that produces Disclosure or

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Desi ~nsting Party. A Party or non-party that designates information

or items that it produces in disclosures or in responses to discovery as

17 "
Confidential" or "Highly Confidential —Attorneys' Eyes Only."
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2
.8

Protected Material. Any Disclosure or Discovery Material that is

designated as "Confidential" or as "Highly Confidential —Attorneys' Eyes Only."
2.9.

Outside Counsel. Attorneys who are not employees of a Party but

who are retained to represent or advise a Party in this action.
2
.10 House Counsel. Attorneys who are employees of a Party, and who
represent that Party in an in-house counsel capacity.
2
.11 Counsel (without qualifier. Outside Counsel and House Counsel (as
well as their support staffs).

2
6

2
.12 Expert. A person with specialized knowledge or experience in a

27

matter pertinent to the litigation who has been retained by a Party or its counsel to

28

serve as an expert witness or as a consultant in this action and who is not a past or
-4STIPULATION FOR ORDER GOVERNING THE DESIGNATION AND HANDLING OF CONFIDENTIAL
MATERIALS

1

a current employee of a Party or of a Party's competitor and who, at the time of

2

retention, is not anticipated to become an employee of a Party or a Party's

3

competitor. This definition includes a professional jury or trial consultant retained

4

in connection with this litigation.
2
.13 Professional Vendors.

5

Persons or entities that provide litigation

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support services (e.g., photocopying; videotaping; translating; preparing .exhibits or

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demonstrations; organizing, storing, retrieving data in any form or medium; etc.)

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and their employees and subcontractors.

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Scope

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The protections conferred by the Confidentiality Order shall cover not only
Protected Material (as defined above), but also any information copied or extracted

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compilations of Protected Material, plus testimony, conversations, or presentations

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by parties or counsel in settings that might reveal Protected Material. ~~

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rom Protected Material, as well as all copies, excerpts, summaries, or

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cover all Protected Material disclosed or produced in this case, whether disclosed

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or produced before or after the issuance of the Confidentiality Order by the Court.

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4
.

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Even after the termination of this litigation, the confidentiality obligations imposed

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by this Stipulation and any Order in keeping with this Stipulation shall remain in

25

effect until a Designating Party agrees otherwise in writing or a court order

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6

otherwise directs.

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5
.

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Duration

Designating Protected Material
5.1

Exercise of Restraint and Care in Desi gnating Material for Protection.
-5-

STIPULATION FOR ORDER GOVERNING THE DESIGNATION AND HANDLING OF CONFIDENTIAL
MATERIALS

1

Each Party or non-party that designates information or items for protection under

2

the Confidentiality Order must take care to limit any such designation to specific

3

material that qualifies under the appropriate standards. A Designating Party must

4

take care to designate for protection only those parts of material, documents, items,

5

or oral or written communications that qualify — so that other portions of the

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material, documents, items, or communications for which protection is not

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warranted are not swept unjustifiably within the ambit of the Confidentiality Order.

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Indiscriminate designations are prohibited. Designations that are shown to

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be clearly unjustified, or that have been made for an improper purpose (e.g., to

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unnecessarily encumber or retard the case development process, or to impose

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unnecessary expenses and burdens on other parties), expose the Designating Party

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to sanctions.

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If it comes to a Party's or anon-party's attention that information or items

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that it designated for protection do not qualify for protection at all, or do not

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qualify for the level of protection initially asserted, that Party or non-party must

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promptly notify all other parties that it is withdrawing the mistaken designation.

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5.2

Manner and Timing of Designations. Except as otherwise provided in

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this Stipulation (see, e.g., second paragraph of Section 5.2(a), below), or as

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otherwise stipulated or ordered, material that qualifies for protection under this

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0

Stipulation must be clearly so designated before or at the time that the material is

21

disclosed or produced.

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Designation in conformity with this Stipulation requires:
(
a)

for information in documentary form (apart from transcripts of

24

depositions or other pretrial or trial proceedings), that the Producing Party affix the

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legend "Confidential" or "Highly Confidential —Attorneys' Eyes Only" at the top

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6

of each page that contains protected material.

The abbreviated designation

27 "
Attorneys' Eyes Only" is also permitted as a substitute for "Highly Confidential28

Attorneys' Eyes Only". If only a portion or portions of the material on a page
-6STIPULATION FOR ORDER GOVERNING THE DESIGNATION AND HANDLING OF CONFIDENTIAL
MATERIALS

1

qualifies for protection, the Producing Party also must clearly identify the

2

protected portions) (e.g., by making appropriate markings in the margins) and

3

must specify, for each portion, the level of protection being asserted (either

4 "
Confidential" or "Highly Confidential —Attorneys' Eyes Only").
5

A Party that makes documents or materials available for inspection need not

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designate them for protection until after the inspecting Party has indicated which

7

material it would like copied and produced. During the inspection and before the

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designation, all of the material made available for inspection shall be deemed

9 "
Highly Confidential —Attorneys' Eyes Only." After the inspecting Party has
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identified the documents it wants copied and produced, the Producing Party must

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determine which documents, or portions thereof, qualify for protection under the

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Confidentiality Order, then, before producing the specified documents, the

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Producing Party must affix the appropriate legend ("Confidential" or "Highly

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Confidential —Attorneys' Eyes Only") at the top of each page that contains

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Protected Material. If only a portion or portions of the material on a page qualifies

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f protection, the Producing Party also must clearly identify the protected
or

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portions)(e.g., by making appropriate markings in the margins) and must specify,

18

f each portion, the level of protection being asserted (either "Confidential" or
or

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Highly Confidential —Attorneys' Eyes Only").
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(
b)

for information produced by non-parties. Should the parties in

21

this case issue any subpoenas to non-parties, the parties agree that any non-parties

22

served with a subpoena may designate as Protected Material any appropriate

23

materials responsive to such a subpoena, and further, the parties may notify any

24

other non-party served with a subpoena in this case of a stipulation for an order

25

governing the designation and handling of confidential materials.

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6

Additionally, in the event a Party seeks information via subpoena from a

27

non-party, and another Party to this action (the "Non-Discovering Party") believes

28

that such subpoena may compel disclosure of documents and things of or
-7STIPULATION FOR ORDER GOVERNING THE DESIGNATION AND HANDLING OF CONFIDENTIAL
MATERIALS

1

concerning that Non-Discovering Party that ought to be designated as Protected

2

Material, the Non-Discovering Party promptly shall notify in writing the Party

3

serving such subpoena. In a circumstance where such written notice is received,

4

the Party serving the subpoena shall advise the Non-Discovering Party in writing

5

upon its receipt of documents or things from the subpoenaed third party, and make

6

such documents or things available for inspection by the Non-Discovering Party.

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The Non-Discovering Party shall then have ten (10) days to inspect and designate ,I

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such documents for protection in accordance with the Confidentiality Order.

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Pending such designation, or the expiration of the ten (10) day period allowed

10

herein for such designation (whichever first occurs), the Party receiving documents

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and things shall treat all of them as "Highly Confidential —Attorneys' Eyes Only."

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The provisions of Section 5.2(a) shall otherwise apply to documents produced by

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non-parties.

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(c)

for testimonygiven in deposition, that the Party or non-party

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offering or sponsoring the testimony identify on the record, before the close of the

16

deposition, all protected testimony, and further specify any portions of the

1 /

testimony that qualify as "Confidential" or "Highly Confidential —Attorneys' Eyes

18

Only." When it is impractical to identify separately each portion of testimony that

19

is entitled to protection, and when it appears that substantial portions of the

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2 testimony may qualify for protection, the Party or non-party that sponsors, offers,
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or gives the testimony may invoke on the record (before the deposition is

22

concluded) a right to have up to thirty days after the transcript of the deposition

23

becomes available to identify the specific portions of the testimony as to which

24

protection is sought and to specify the level of protection being asserted

25 (
"Confidential" or "Highly Confidential —Attorneys' Eyes Only"). Only those
2
6

portions ofthe testimony that are appropriately designated for protection within the

27

thirty days shall be covered by the provisions of the Confidentiality Order. Any

28

such testimony that qualifies as "Confidential" or "Highly Confidential —
-8STIPULATION FOR ORDER GOVERNING THE DESIGNATION AND HANDLING OF CONFIDENTIAL
MATERIALS

1

Attorneys' Eyes Only" given in a court hearing or proceeding shall be addressed

2

by the judicial officer conducting the proceeding at the appropriate time.
(
d)

3

for information produced in some form other than documentary,

4

and for any other tangible items, that the Producing Party affix in a prominent

5

place on the exterior of the container or containers in which the information or

6

item is stored the legend "Confidential" or "Highly Confidential -Attorneys' Eyes

7

Only."

8

Producing Pariy, to the extent practicable, shall identify the protected portions,

If only portions of the information or item warrant protection, the

9 specifying whether they qualify as "Confidential" or as "Highly Confidential 10
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Attorneys' Eyes Only."
5.3

11

Inadvertent Failures to Designate. If timely corrected, an inadvertent

12 f
ailure to designate qualified information or items as "Confidential" or "Highly
13

Confidential -Attorneys' Eyes Only" does not, standing alone, waive the

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Designating Party's right to secure protection under the Confidentiality Order for

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such material. If material is appropriately designated as "Confidential" or "Highly

16

Confidential -Attorneys' Eyes Only" after the material was initially produced, the

17

Receiving Party, on timely notification of the designation, must make reasonable

18

efforts to assure that the material is treated in accordance with the provisions of

19

this Order.

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Challen~in~ Confidentiality Designations
6.1

Timing of ChallenLes. Unless a prompt challenge to a Designating
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2

Party's confidentiality designation is necessary to avoid foreseeable substantial

23

unfairness, unnecessary economic burdens, or a later significant disruption or delay

24

of the litigation, a Party does not waive its right to challenge a confidentiality

25

designation by electing not to mount a challenge promptly after the original

2
6

designation is disclosed.

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6.2

Meet and Confer. A Party that elects to initiate a challenge to a

Designating Party's confidentiality designation must do so in good faith and must
-9STIPULATION FOR ORDER GOVERNING THE DESIGNATION AND HANDLING OF CONFIDENTIAL
MATERIALS

1

comply with the meet and confer requirements and procedures set forth in Civil

2

Local Rule 37-1 and 37-2

3

proceeding shall be on the Designating Party in a manner consistent with Federal

4

Rule of Civil Procedure 26(c). Until the Court rules on the challenge, all parties

5

shall continue to afford the material in question the level of protection designated

The burden of persuasion in any such challenge

by the Producing Party.
7
8

7
.

Access to and Use of Protected Material
7
.1

Basic Principles. A Receiving Pariy may use Protected Material that

9

is disclosed or produced by another Party or by a non-party in connection with this

10

case only for prosecuting, defending, or attempting to settle this litigation. Such

I1

Protected Material may be disclosed only to the categories of persons and under

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the conditions described in this Order. When the litigation has been terminated, a

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Receiving Party must comply with the provisions of Section 11 (Final

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Disposition), below.

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Protected Material must be stored and maintained by a Receiving Party at a

16

location and in a secure manner that ensures that access is limited to the persons

17

authorized under this Order.

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Disclosure of "Confidential" Information or Items. Unless otherwise

19

ordered by the Court or permitted in writing by the Designating Party, a Receiving

2
0

Party may disclose any information or item designated Confidential only to:

21

(
a)

the Receiving Party's Outside Counsel of record in this action,

22

as well as employees of Outside Counsel to whom it is reasonably necessary to

23

disclose the information for this litigation and who have signed the "Agreement to

24

Be Bound by Confidentiality Order" that is attached hereto as E~chibit A;

25

(
b)

the officers, directors, and employees (including House

2
6

Counsel) of the Receiving Pariy to whom disclosure is reasonably necessary for

27

this litigation and who have signed the "Agreement to Be Bound by

28

Confidentiality Order"(Exhibit A);
-10STIPULATION FOR ORDER GOVERNING THE DESIGNATION AND HANDLING OF CONFIDENTIAL
MATERIALS

(c)

Experts (as defined in this Order) of the Receiving Party to ~,

whom disclosure is reasonably necessary for this litigation and who have signed
the "Agreement to Be Bound by Confidentiality Order"(Exhibit A);
(d)

the Court and its personnel;

(
e)

court reporters, their staffs, and professional vendors to whom

disclosure is reasonably necessary for this litigation and who have signed the
"
Agreement to Be Bound by Confidentiality Order"(Exhibit A);
(
~

8

during their depositions, witnesses in the action to whom

9 disclosure is reasonably necessary and who have signed the "Agreement to Be
10

Bound by Confidentiality Order" (Exhibit A). Pages of transcribed deposition

11

testimony or exhibits to depositions that reveal Protected Material must be

12

separately bound by the court reporter and may not be disclosed to anyone except

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as permitted under the Confidentiality Order;

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the author of the document or the original source of the

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information.
7
.3

Disclosure of "Hi~hly Confidential — Attorneys' Eyes Only"

17

Information or Items. Unless otherwise ordered by the Court or permitted in

18

writing by the Designating Party, a Receiving Party may disclose any information

l9

or item designated "Highly Confidential —Attorneys' Eyes Only" only to:

2
0

(
a)

the Receiving Party's Outside Counsel of record in this action,

21

as well as employees of Outside Counsel to whom it is reasonably necessary to

2
2

disclose the information for this litigation and who have signed the "Agreement to

23

Be Bound by Confidentiality Order" that is attached hereto as Exhibit A;

24
25

(
b)

Experts (as defined in the Confidentiality Order) to whom

disclosure is reasonably necessary for this litigation and who have signed the

2 "
6
Agreement to Be Bound by Confidentiality Order"(E~ibit A);
27

(
c)

the Court and its personnel;

28

(
d)

court reporters, their staffs, and professional vendors to whom
-11-

STIPULATION FOR ORDER GOVERNING THE DESIGNATION AND HANDLING OF CONFIDENTIAL
MATERIALS

1

disclosure is reasonably necessary for this litigation and, with respect to

2

professional vendors, who have signed the "Agreement to Be Bound by

3

Confidentiality Order"(Exhibit A); and
(
~

4
5

information.

6

8
.

the author of the document or the original source of the

Protected Material Subpoenaed or Ordered Produced in Other

7

Litigation

8

If a Receiving Party is served with a subpoena or an order issued in other

9

litigation that would compel disclosure of any information or items designated in

10

this action as "Confidential" or "Highly Confidential —Attorneys' Eyes Only," the

11

Receiving Party must so notify the Designating Party, in writing (by fax, if

12

possible) immediately and in no event more than three court days after receiving

13

the subpoena or order. Such notification must include a copy of the subpoena or

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court order.

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The Receiving Party also must immediately inform in writing the Party who

16

caused the subpoena or order to issue in the other litigation that some or all the

17

material covered by the subpoena or order is the subject of the Confidentiality

18

Order. In addition, the Receiving Party must deliver a copy of the Confidentiality

19

Order promptly to the Party in the other action that caused the subpoena or order to

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issue.

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The purpose of imposing these duties is to alert the interested parties to the

22

existence of the Confidentiality Order and to afford the Designating Party in this

23

case an opportunity to try to protect its confidentiality interests in the Court from

2
4

which the subpoena or order issued. The Designating Party shall bear the burdens

25

and the expenses of seeking protection in that court of its confidential material.

2
6

Nothing in these provisions is intended or should be construed as authorizing a

27

Receiving Party to disobey a lawful subpoena issued in another action.

28

///
-12STIPULATION FOR ORDER GOVERNING THE DESIGNATION AND HANDLING OF CONFIDENTIAL
MATERIALS

1 1 9.

Unauthorized Disclosure of Protected Material

2

If a Receiving Party learns that, by inadvertence or otherwise, it disclosed

3

Protected Material to any person or in any circumstance not authorized under the''

4

Confidentiality Order, the Receiving Party must immediately (a) notify in writing

5

the Designating Party of the unauthorized disclosures, (b) use its best efforts to

6

retrieve all copies of the Protected Material, (c) inform the person or persons to

7

whom unauthorized disclosures were made of all the terms of the Confidentiality

8

Order, and (d) request such person or persons to execute the "Agreement to be

9 Bound by Confidentiality Order" that is attached hereto as Exhibit A.
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10.

Filing Protected Material

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In accordance with Local Rule 79-5.2.2(a), if any papers to be filed with the

12

Court contain information and/or documents that have been designated as

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13 "
Confidential" or "Highly Confidential —Attorneys' Eyes Only," the proposed

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f
iling shall be accompanied by an application to file the papers or the portion

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15

thereof containing the designated information or documents (if such portion is

a~d

16

segregable) under seal; and the application shall be directed to the judge to whom

~7

the papers are directed. For motions, the parties shall publicly file a redacted

18

version ofthe motion and supporting papers.

19

11.

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Final Disuosition

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Unless otherwise ordered or agreed in writing by the Producing Party, within

21

sixty days after the final termination of this action, each Receiving Party must

22

return all Protected Material to the Producing Party or provide a written

23

certification within the sixty day period that the all of the Protected Material has

24

been destroyed. Each Receiving Party, however, is entitled to maintain one

25

archival copy of the Protected Material. Any such archival copies that contain or

2
6

constitute Protected Material remain subject to the Confidentiality Order as set

27

f
orth in Section 4 (Duration), above. As used in this subdivision, "all Protected

28

Material" includes all copies, abstracts, compilations, summaries or any other form
-13STIPULAT[ON FOR ORDER GOVERNING THE DES[GNATION AND HANDLING OF CONFIDENTIAL
MATERIALS

1

of reproducing or capturing any of the Protected Material.

2

12.

3
4

Miscellaneous
12.1 Right to Further Relief. Nothing in the Confidentiality Order abridges

the right of any person to seek its modification by the Court in the future.

5
6

governing the designation and handling of confidential materials. Similarly, no

10

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information or item on any ground not addressed in this Stipulation for an Order

9

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waives any right it otherwise would have to object to disclosing or producing any

8

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Order governing the designation and handling of confidential materials, no Party

7

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12.2 Right to Assert Other Objections. By stipulating to the entry of this

Party waives any right to object on any ground to use in evidence of any of the

I1

material covered by this Order.

12

IT IS SO STIPULATED.

13

DATED this 26th day of January 2017.

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DARROW LAW OFFICE
/s/Christo her Darrow/
risto~ er Darrow, sq.
7 23r Street, Suite 1
48
Santa Monica, CA 90402
Attorneysfor Delquin Parties

7

17
18
19

PLAGER SCHACK,LLP

20

/s/Mark Pla er
ar Pager, sq.
16152 Beach Blvd, Suite 207
Huntington Beach, CA 92647
Attorneysfor Larach Parties

21
22
23
24

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IT IS SO ORDERED.
DATED: ~ 31 Z01~

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27

UfJITED STATES MAGI`"-

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-14STIPULATION FOR ORDER GOVERNING THE DESIGNATION AND HANDLING OF CONFIDENTIAL
MATERIALS