Fiber, LLC v. Alcatel-Lucent USA Inc.

Filing 39

PROTECTIVE ORDER by Judge R. Brooke Jackson on 2/17/16. (jdyne, )

Case 1:15-cv-02135-RBJ Document 37-1 Filed 02/16/16 USDC Colorado Page 1 of 19

IN THE UNITED STATES DISTRICT COURT
DISTRICT OF COLORADO

Civil Action No. 15-cv-02135-RBJ
FIBER, LLC, A WYOMING LIMITED LIABILITY COMPANY
Plaintiff
v.
ALCATEL-LUCENT USA INC., A DELAWARE CORPORATION
Defendant

CONFIDENTIALITY AND PROTECTIVE ORDER
Discovery in this case may involve the production of documents and/or witness testimony
containing confidential information. For good cause shown, pursuant to Federal Rules of Civil
Procedure 26(c) and 29,
IT IS HEREBY ORDERED THAT:
1.

This Order governs the handling of all Confidential Material (as defined herein),

whether, by way of example and not limitation, it be documents, testimony, transcripts,
responses to discovery requests, tangible things, digital information, recordings, whether audio,
video or otherwise, or other information, including copies, excerpts, and summaries of such
material, that is produced, disclosed, filed, or otherwise provided by Plaintiff Fiber LLC
(“Plaintiff” or “Fiber”), Alcatel-Lucent USA Inc. (“Defendant” or “ALU-USA”), or any nonparty in connection with discovery or other proceedings in the above-captioned action
(hereinafter “action”).

4824-5796-5870.1

1

Case 1:15-cv-02135-RBJ Document 37-1 Filed 02/16/16 USDC Colorado Page 2 of 19

2.

Any party or non-party shall have the right for purposes of this Order to designate

as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL/ATTORNEYS’ EYES ONLY” any
material that it in good faith reasonably believes contains non-public, confidential, personal,
proprietary, trade secret, or other commercially and competitively-sensitive information
(hereinafter “Confidential Material”). The party or non-party designating such Confidential
Material is referenced herein as the “Designating Person.” The party or non-party that receives
such Confidential Material is referenced herein as the “Receiving Party.”
3.

No information that is in the public domain at the time of disclosure, or becomes

part of the public domain as a result of publication not involving a violation of this Order, or
which is already known by the Receiving Party through proper means or which is or becomes
available to a party from a source other than the party asserting confidentiality, rightfully in
possession of such information on a non-confidential basis, shall be deemed or considered to be
Confidential Material under this Order.
4.

All Confidential Material and the substance and content thereof, including any

copies, notes, memoranda, summaries, excerpts, compilations, or other similar documents relating
thereto shall be used by a Receiving Party solely for purposes of this action, shall not be used by
the Receiving Party for any business, commercial, competitive, personal or other purpose, and
shall not be disclosed by the Receiving Party to anyone other than those set forth in Paragraphs
12 and 13 as applicable, unless and until the restrictions herein are removed either by written
agreement of counsel for the parties, or by order of the Court. If Confidential Material is
disclosed or comes into the possession of any person other than in the manner authorized by this
Order, any party having knowledge of the disclosure must immediately inform the producing

4824-5796-5870.1

1

Case 1:15-cv-02135-RBJ Document 37-1 Filed 02/16/16 USDC Colorado Page 3 of 19

party (and, if not the same person or entity, the Designating Party) and shall make reasonable
efforts to retrieve such Confidential Material and to prevent further disclosures. It is, however,
understood that counsel for a party may give advice and opinions to his or her client solely
relating to the action based on his or her evaluation of Confidential Material, provided that such
advice and opinions shall not reveal the content of such Confidential Material and any
information contained therein except by prior written agreement of counsel for the Designating
Party, or by order of the Court. Such Confidential Material may not be used or disclosed except
as provided in this Order.
5.

The designation of Confidential Material for purposes of this Order shall be made

as follows:
(a)

at the time a Designating Person produces or otherwise provides
documents, interrogatory responses, or other written material, the
Designating Person shall have the term “CONFIDENTIAL” or “HIGHLY
CONFIDENTIAL/ATTORNEYS’ EYES ONLY” stamped in a
conspicuous place on each page containing Confidential Material, or
otherwise indicated. For protected ESI produced in image format (PDF or
TIFF), the production images shall be marked with the appropriate
confidentiality designation. For Protected ESI produced in native format,
the file name shall contain the appropriate confidentiality designation
(e.g., SMITH0001_Confidential.xls). The corresponding image
placeholder shall also be marked with the appropriate confidentiality
designation;

4824-5796-5870.1

1

Case 1:15-cv-02135-RBJ Document 37-1 Filed 02/16/16 USDC Colorado Page 4 of 19

(b)

Transcripts of depositions, other pretrial testimony, and exhibits thereto
shall be designated as “CONFIDENTIAL” or “HIGHLY
CONFIDENTIAL/ATTORNEYS’ EYES ONLY” by counsel for the
Designating Person either by stating on the record at the time of disclosure
that the testimony and/or exhibits are “CONFIDENTIAL” or “HIGHLY
CONFIDENTIAL/ATTORNEYS’ EYES ONLY”, or by providing written
notice within twenty-one (21) calendar days after receipt of the final
transcript that such testimony is “CONFIDENTIAL” or “HIGHLY
CONFIDENTIAL/ATTORNEYS’ EYES ONLY” and requesting that the
transcript be clearly marked as “CONFIDENTIAL” or “HIGHLY
CONFIDENTIAL/ATTORNEYS’ EYES ONLY”. All deposition
transcripts shall be treated as “HIGHLY
CONFIDENTIAL/ATTORNEYS’ EYES ONLY” until the twenty-one
(21) day time period within which it may be appropriately designated as
provided herein has passed; or

(c)

at the time a Designating Person produces or otherwise provides other
tangible things, the Designating Person shall have the term
“CONFIDENTIAL” or “HIGHLY CONFIDENTIAL/ATTORNEYS’
EYES ONLY” stamped on or otherwise indicated for them in a prominent
place.

4824-5796-5870.1

1

Case 1:15-cv-02135-RBJ Document 37-1 Filed 02/16/16 USDC Colorado Page 5 of 19

(d)

Any document or other thing marked “ATTORNEYS’ EYES ONLY”
shall be considered to mean “HIGHLY CONFIDENTIAL/ATTORNEYS’
EYES ONLY.”

6.

Any copies, excerpts, summaries, or other disclosure of the substance or contents

of any material that is designated as “CONFIDENTIAL” or “HIGHLY
CONFIDENTIAL/ATTORNEYS’ EYES ONLY” shall also be treated as having the same
designation and shall be appropriately marked with the legend “CONFIDENTIAL” or “HIGHLY
CONFIDENTIAL/ATTORNEYS’ EYES ONLY.”
7.

In the event that a party or non-party inadvertently omits to apply a

“CONFIDENTIAL” or “HIGHLY CONFIDENTIAL/ATTORNEYS’ EYES ONLY” designation
to any material at the time it is produced or disclosed, such party or non-party shall have the right
to so designate such documents within a reasonable period of time after the omission comes to
that person’s attention.
8.

In the event that a Receiving Party disagrees with any “CONFIDENTIAL” or

“HIGHLY CONFIDENTIAL/ATTORNEYS’ EYES ONLY” designation, the Receiving Party
and the Designating Person shall confer, pursuant to Federal Rule of Civil Procedure 37(a)(1) and
Local Rule 7.1(a), and attempt in good faith to resolve the disagreement. If, after conferring, the
disagreement is not resolved, the Receiving Party shall move the court challenging the
designation of a particular item; however, on such motion, the Designating Party shall have the
burden of proving the propriety of the designation. Until the Court rules on such a challenge, the
material shall be treated as it is designated and subject to the terms of this Order. No party is
obligated to challenge the propriety of any designation at the time such designation is made, and a

4824-5796-5870.1

1

Case 1:15-cv-02135-RBJ Document 37-1 Filed 02/16/16 USDC Colorado Page 6 of 19

failure to then do so shall not preclude a subsequent challenge to the propriety of such
designation.
9.

Nothing herein shall prevent disclosure beyond the terms of this Order if the

Designating Party specifically consents in advance in writing to such disclosure, or if a court,
after notice to all parties, orders such disclosure.
10.

Any Designating Person shall not be restricted in any manner with respect to the

use and/or disclosure of the Designating Person’s own Confidential Material.
11.

Any documents or tangible things designated as “CONFIDENTIAL” or “HIGHLY

CONFIDENTIAL/ATTORNEYS’ EYES ONLY” that are submitted to the Court in support of or
in opposition to a motion or introduced at a hearing or during trial may retain its protected
confidential status only by order of the Court, as outlined in the Court’s Practice Standards.
12.

Documents and other material designated as “CONFIDENTIAL”

pursuant to the terms of this Order may be disclosed only to:
(a)

No more than two (2) in-house counsel, or directors, (who are not involved in
research or development for the Receiving Party, and who agree not to be
involved in research or development for the Receiving Party for a period of 3
(three) years) of a party or its affiliates, as well as any immediate paralegals

and staff of the party actually assisting the party’s outside counsel of record
or in-house counsel in preparation of this action, to whom the party’s
outside counsel of record reasonably believes disclosure is necessary to
prepare for discovery, motions, briefs, trial, or appeal in this action,
provided that such individuals consent in writing to be bound by the terms

4824-5796-5870.1

1

Case 1:15-cv-02135-RBJ Document 37-1 Filed 02/16/16 USDC Colorado Page 7 of 19

of this Order by executing the form confidentiality agreement attached
hereto as Exhibit A;
(b)

the parties’ outside counsel of record in this action, who are not employees
of any party, as well as their support personnel, technical advisors,
paralegals, consultants, legal secretaries, and legal clerks employed by such
counsel (excluding consultants or experts who fall within section 12(f)
below) working in connection with this action and to whom it is reasonably
necessary to show such Confidential Material for purposes of this action;

(c)

any copying, clerical or technical litigation support services (e.g.,
photocopying, videotaping, translating, preparing exhibits or
demonstrations, organizing or processing data) and their employees and
subcontractors (hereinafter “Professional Vendors”), provided that any
Professional Vendor is located within the United States and agree to
maintain the confidentiality of Confidential Material pursuant to this
Order. For the purposes of this provision, Professional Vendors include a
professional jury or trial consultant retained in connection with this action
and mock jurors retained by such a consultant to assist them in their work;
provided that a party may not disclose to a mock jurors Confidential
Material not produced originally by that party. A party may, however,
disclose to mock jurors arguments and materials prepared by a party’s
outside counsel that are based on such counsel’s assessment of information
in such Confidential Material, so long as such arguments and materials do

4824-5796-5870.1

1

Case 1:15-cv-02135-RBJ Document 37-1 Filed 02/16/16 USDC Colorado Page 8 of 19

not include the as-produced Confidential Material itself. Professional
Vendors do not include consultants or experts who fall within section 12(f)
below.
(d)

any recipient, sender, or creator of such Confidential Material, provided
such person is still employed by the Producing Party or otherwise has the
Producing Party’s consent to have access to such Confidential Material;

(e)

the Court, Court personnel and the jury;

(f)

any independent (unaffiliated with any party) experts or consultants, or
independent contractors retained to advise or assist counsel of record for
any party in the preparation, hearing, or trial of this action, and any of
their employees or support personnel working on this action (hereinafter
“Outside Experts and Consultants”), subject to the provisions and
limitations set forth in Section 14 herein;

(g)

court reporters, stenographers, and videographers retained to actually
recording proceedings in this action, provided they agree to maintain the
confidentiality of Confidential Material pursuant to this Order; and

(h)

other persons as agreed to by the parties in writing or as permitted by the
Court.

13.

Documents and other material designated as “HIGHLY

CONFIDENTIAL/ATTORNEYS’ EYES ONLY” pursuant to the terms of this Order may be
disclosed only to:

4824-5796-5870.1

1

Case 1:15-cv-02135-RBJ Document 37-1 Filed 02/16/16 USDC Colorado Page 9 of 19

(a)

the parties’ outside counsel of record in this action, who are not employees
of any party, as well as their support personnel, technical advisors,
paralegals, consultants, legal secretaries, and legal clerks employed by such
counsel (excluding consultants or experts who fall within Section 13(e)
below) working in connection with this action and to whom it is reasonably
necessary to show such Confidential Material for purposes of this action;

(b)

any copying, clerical or technical litigation support services (e.g.,
photocopying, videotaping, translating, preparing exhibits or
demonstrations, organizing or processing data) and their employees and
subcontractors (hereinafter “Professional Vendors”), provided that any
Professional Vendor is located within the United States and agree to
maintain the confidentiality of Confidential Material pursuant to this
Order. For the purposes of this provision, Professional Vendors include a
professional jury or trial consultant retained in connection with this action
and mock jurors retained by such a consultant to assist them in their work;
provided that a party may not disclose to a mock jurors Confidential
Material not produced originally by that party. A party may, however,
disclose to mock jurors arguments and materials prepared by a party’s
outside counsel that are based on such counsel’s assessment of information
in such Confidential Material, so long as such arguments and materials do
not include the as-produced Confidential Material itself. Professional

4824-5796-5870.1

1

Case 1:15-cv-02135-RBJ Document 37-1 Filed 02/16/16 USDC Colorado Page 10 of 19

Vendors do not include consultants or experts who fall within Section 13(e)
below.
(c)

any recipient, sender, or creator of such Confidential Material, provided
such person is still employed by the Producing Party or otherwise has the
Producing Party’s consent to have access to such Confidential Material;

(d)

the Court, Court personnel, and the jury;

(e)

any independent (unaffiliated with any party) experts or consultants, or
independent contractors retained to advise or assist outside counsel of
record for any party in the preparation, hearing, or trial of this action, and
any of their employees or support personnel working on this action
(hereinafter “Outside Experts and Consultants”), subject to the provisions
and limitations set forth in Section 14 herein;

(f)

court reporters, stenographers, and videographers retained to actually
recording proceedings in this action, provided they agree to maintain the
confidentiality of Confidential Material pursuant to this Order; and

(g)

other persons as agreed to by the parties in writing or as permitted by the
Court.

14.

An Outside Expert and Consultant’s access to Confidential Material shall be

subject to the terms of this section, including the notice-and-objection provisions below, and the
requirement that the individuals consent in writing to be bound by the terms of this Order by
executing the form Confidentiality Agreement attached hereto as Exhibit A. The original

4824-5796-5870.1

1

Case 1:15-cv-02135-RBJ Document 37-1 Filed 02/16/16 USDC Colorado Page 11 of 19

Confidentiality Agreement shall be retained by outside counsel for the party that retained the
Outside Expert or Consultant, and a copy shall be provided to the Producing Party.
(a)

Before a Receiving Party may disclose, directly or indirectly, any
Confidential Information to an Outside Expert or Consultant, the
Receiving Party must give written notice to the Producing Party of the
following information as it relates to the Outside Expert or Consultant:
i. current curriculum vitae, including the full name of the individual, the
city and state of his or her primary residence, and such individual’s
education and experience;
ii. business address and title;
iii. the individual’s current employer; and
iv. all companies for which the individual has consulted or been employed
by, within the past five (5) years, the nature of such consultation or
employment, and the years of such consulting or employment;
v. any previous or current professional relationship with any of the parties,
and
vi. a listing of other actions (including case name, case number, and
court/agency) in which the individual has testified (at trial, deposition or
in a hearing), all companies for which the individual has provided
consulting services, either directly or through a consulting firm, and all
companies in which the individual has been employed, within the last
five (5) years.

(b)

A party that makes a written notice and provides the information specified in the
preceding sub-paragraph may disclose the Confidential Material to the identified

4824-5796-5870.1

1

Case 1:15-cv-02135-RBJ Document 37-1 Filed 02/16/16 USDC Colorado Page 12 of 19

Outside Expert or Consultant unless, within ten (10) business days of the written
notice, the Producing Party objects in writing, in good faith, and provides with
particularity the basis for its objection.

There shall be no disclosure of

Confidential Material to such Outside Expert or Consultant prior to the expiration
of the ten (10) business day period.
(c)

If an objection is made, the parties shall meet and confer within three (3)
business days of the written objection to try in good faith to resolve the dispute
by agreement. If no agreement is reached, the objecting Party may, within three
(3) business days of the parties’ failure to resolve the dispute by agreement, move
the Court for an order that access to the Confidential Material be denied to the
designated individual, or other appropriate relief. During that time and unless
and until the Court determines otherwise, no disclosure of any such Confidential
Material shall be made by the Receiving Party to any Outside Expert or
Consultant to whom an objection has been made. However, if the objecting party
does not move within ten (10) business days following the failure to resolve the
dispute by agreement, it waives its right to object and the Receiving Party may
disclose the Confidential Materials to the Outside Expert or Consultant.

15.

Whenever any Confidential Material is disclosed or used at a deposition, such

testimony shall be conducted only before those persons authorized under this Order to have
access to such information. Use of Confidential Material in court proceedings will be addressed
by motion.
16.

Any Confidential Material that is produced prior to the entry of this Order by the

Court shall be subject to the provisions of this Order to the same extent as if such Order had been
entered by the Court as of the date such Confidential Material was produced.

4824-5796-5870.1

1

Case 1:15-cv-02135-RBJ Document 37-1 Filed 02/16/16 USDC Colorado Page 13 of 19

17.

The inadvertent or unintentional disclosure of material that is entitled to

protection under this Order, regardless of whether the material was designated as
“CONFIDENTIAL” or “HIGHLY CONFIDENTIAL/ATTORNEYS’ EYES ONLY” at the time
of the disclosure, shall not be deemed a waiver in whole or in part of the supplying party’s or
non-party’s claim of confidentiality, either as to the specific material disclosed or as to any other
information relating thereto or on the same or related subject matter.
18.

If any Confidential Material that is governed by this Order is subpoenaed or

requested by a court or by any other person or entity purporting to have authority to require the
production of such information, the person to whom the subpoena is directed (the “Subpoenaed
Party”) shall give prompt written notice by letter and email or facsimile to the Designating Person
that includes a copy of the subpoena or request (unless prohibited by law or court order). Such
prompt written notice shall be given by the Subpoenaed Party to the Designating Person promptly,
and no later than five (5) business days, after the Subpoenaed Party’s receipt of the subpoena or
request. The date upon which such notice is given to the Designating Person shall be the “Notice
Date.” After the receipt of such notice from the Subpoenaed Party, the Designating Person shall
have the sole responsibility for promptly moving to quash the subpoena, moving for a protective
order, or seeking any order it believes necessary to prevent disclosure of Confidential Material. If
the Designating Person does not move to quash the subpoena, move for a protective order, or seek
another appropriate order within the time allowed by the subpoena or request (or within such time
as a court may direct or as may be agreed upon between the Designating Person and the
subpoenaing or requesting party) or give written notice of such motion to the subpoenaing or
requesting party and the Subpoenaed Party, then the Subpoenaed Party may commence production

4824-5796-5870.1

1

Case 1:15-cv-02135-RBJ Document 37-1 Filed 02/16/16 USDC Colorado Page 14 of 19

in response thereto on the production date designated on the subpoena or request unless the
production date is less than five (5) business days from the Notice Date. In the event that the
production date is less than five (5) business days from the Notice Date, then the Subpoenaed
Party must wait at least five (5) business days from the Notice Date before production unless
otherwise directed by a Court.
19.

All Confidential Material that is produced during the course of this action and all

copies thereof, including copies stored in any electronic media, upon request, shall be either
returned to the producing person or party or destroyed by the party to whom the information was
produced within sixty (60) days of the final termination of this action, including appeals, except
that counsel may retain one copy of the production, pleadings, correspondence, depositions, any
trial or hearing testimony and exhibits thereto, and attorneys’ notes relating to this action, subject
to the other terms of this Order.
20.

The inadvertent or unintentional production of any privileged or otherwise

protected information shall be dealt with as set forth below:
(a)

The receiving party shall not thereafter use documents (either in electronic
or paper form) that the producing party later asserts are attorney-client
privileged or work product protected unless such assertion is denied by the
Court.

(b)

The parties intend to invoke the protections of Federal Rule of Evidence
502, and specifically 502(d) and (e). If a party discovers through any
means that it has inadvertently produced privileged materials, nonresponsive information, or information that the producing party has

4824-5796-5870.1

1

Case 1:15-cv-02135-RBJ Document 37-1 Filed 02/16/16 USDC Colorado Page 15 of 19

objected to producing (collectively referred to as the “Inadvertently
Produced Information”), the producing party may provide written notice
to the receiving party that the material was inadvertently produced, which
notice shall include a statement of the basis for the producing party’s
contention that the material is privileged or is otherwise non-responsive to
any then-pending discovery requests, or subject to an objection. After
receiving such notice, the receiving party must promptly return, sequester,
or destroy the Inadvertently Produced Information and any copies that it
has. The receiving party may promptly present the Inadvertently Produced
Information to the Court under seal for a determination of whether the
information is discoverable and shall not use or disclose the information
until there is an agreement or adjudication that the material is
discoverable. If the receiving party disclosed the Inadvertently Produced
Information before being notified, it must take reasonable steps to retrieve
it. The producing party must preserve the Inadvertently Produced
Information until all disputes regarding the discoverability of the
information have been resolved. This protocol shall be deemed to comply
with the party’s obligation to take reasonable steps to prevent, identify and
rectify inadvertent disclosure pursuant to Fed. R. Evid. 502(b). Entry of
this Order by the Court shall specifically confer the rights and protections
available to the parties under Fed. R. Evid. 502(d) and (e).

4824-5796-5870.1

1

Case 1:15-cv-02135-RBJ Document 37-1 Filed 02/16/16 USDC Colorado Page 16 of 19

21.

The provisions of this Order shall continue to be binding until modified,

superseded, or terminated by Order of the Court or by agreement of the parties. The Court retains
jurisdiction over the parties for enforcement of the provisions of this Order after the conclusion
of the action.
22.

Nothing contained in this Order shall prejudice the right of any party to seek an

Order of this Court at any time to modify or dissolve this Order.
SO ORDERED, this 17th day of February, 2016.

______________________________
R. BROOKE JACKSON
UNITED STATES DISTRICT JUDGE

4824-5796-5870.1

1

Case 1:15-cv-02135-RBJ Document 37-1 Filed 02/16/16 USDC Colorado Page 17 of 19

CONSENTED AND AGREED TO:

Counsel for Plaintiff Fiber, LLC

Counsel for Defendant Alcatel-Lucent USA Inc.

s/ George G. Matava
George G. Matava
[e-mail]
Donald E. Lake, III
[e-mail]
Thomas A. Dougherty
[e-mail]
LEWIS BRISBOIS BISGAARD & SMITH LLP
1700 Lincoln Street, Suite 4000
Denver, Colorado 80203
Phone: [phone]

s/ Hiwot Molla Covell
Hiwot Molla Covell
[e-mail]
Robert R. Brunelli
[e-mail]
SHERIDAN ROSS, P.C.
1560 Broadway, Suite 1200
Denver, CO 80202-5141
Phone: [phone]

Steven M. Shape
LEWIS BRISBOIS BISGAARD &
SMITH LLP
550 W Adams, Suite 300
Chicago, IL 60661
[e-mail]

4824-5796-5870.1

1

Allison H. Altersohn
[e-mail]
KING & SPALDING LLP
1185 Avenue of the Americas
New York, New York 10036
Phone: [phone]

Case 1:15-cv-02135-RBJ Document 37-1 Filed 02/16/16 USDC Colorado Page 18 of 19

IN THE UNITED STATES DISTRICT COURT
DISTRICT OF COLORADO

Civil Action No. 15-cv-02135-RBJ
FIBER, LLC, A WYOMING LIMITED LIABILITY COMPANY
Plaintiff
v.
ALCATEL-LUCENT USA INC., A DELAWARE CORPORATION
Defendant

EXHIBIT A
AGREEMENT TO BE BOUND BY CONFIDENTIALITY AND PROTECTIVE ORDER

_________________________ declares that:
I

reside

at

________________________________,

in

the

City

of

_____________________, County of _________________________________, State of
_____________________________.
I am currently employed by __________________________________________, located
at __________________________________________________________, and my current job
title is _______________________________________. I hereby acknowledge that I may receive
materials designated as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL/ ATTORNEYS’ EYES
ONLY” (“Confidential Material”) in discovery in the following action: Fiber LLC v. Alcatel-Lucent USA
INC., Civil Action No. 15-cv-02135-RBJ (the “Action”), pending in the U.S. District Court for the
District of Colorado, Denver Division (the “Court”).

4824-5796-5870.1

1

Case 1:15-cv-02135-RBJ Document 37-1 Filed 02/16/16 USDC Colorado Page 19 of 19

I certify my understanding that this Confidential Material will be provided to me pursuant
to the terms and restrictions of the Confidentiality and Protective Order entered
on____________, 2016, in this Action (the “Order”). I further certify that I have been given a
copy of and have read the Order, and I agree to be bound by its terms.
I understand that all Confidential Material and all working copies, computer data storage,
digests, or abstracts prepared from this material are to remain in my personal custody until I have
completed my assigned duties, if any, whereupon all such material and all of my notes which
may contain any Confidential Material must be returned to the party or counsel who provided the
materials to me.
I agree that the Confidential Material that I receive shall not be disclosed to anyone else,
and that this Confidential Material shall not be used for any purpose other than to prepare for
discovery, trial, or appeal in the Action.
I understand that any violation of this Order may subject me to sanctions by the Court. I
further agree and do hereby submit myself to the jurisdiction of the Court for all matters
concerning enforcement or violation of the Order.
I declare, under penalty of perjury, that the foregoing is true and correct.

Executed on __________________
Date

4824-5796-5870.1

__________________________________________
Signature

1