Fortress Iron L.P. v. Fairway Building Products, LLC

Filing 70

ORDER granting 66 Joint Motion for Protective Order. Ordered by Magistrate Judge Susan M. Bazis. (MBM)

UNITED STATES DISTRICT COURT
DISTRICT OF NEBRASKA
FORTRESS IRON L.P.,

Case No. 8:18-cv-00076

Plaintiff,
v.
FAIRWAY BUILDING PRODUCTS, LLC,
SUMMIT IMEX, INC., and MICHAEL
GREGORY,

PROTECTIVE ORDER

Defendants.
This matter is before the Court on the parties’ Unopposed Motion for Protective Order.
(Filing No. 66.) This motion is granted.
Accordingly,
WHEREAS, discovery in the above-entitled litigation will involve the disclosure of
confidential trade secrets, technical know-how, or other confidential or proprietary research,
development, commercial, personal, financial information or information furnished in confidence
by a non-party (hereinafter individually and collectively referred to as “Designated Material”)
relating to the subject matter of the above-captioned litigation (hereinafter “the Litigation”),
regardless of how generated;
WHEREAS, the named parties of the Litigation (hereinafter the “Parties” or “Party”) desire
to limit the extent of disclosure and use of such Designated Material, and to protect such
Designated Material from unauthorized use and further disclosure, and wish to ensure that no
advantage is gained by any Party through the use of such Designated Material, which could not
have been learned without the discovery in the Litigation.
NOW, THEREFORE, HAVING BEEN STIPULATED AND AGREED by and between
the Parties, through their respective counsel, subject to the approval of the Court, the following

Stipulated Protective Order pursuant to Federal Rule of Civil Procedure 26(c) is adopted as set
forth herein.
IT IS HEREBY ORDERED:
1.

This Stipulated Protective Order shall apply to all information, including but not

limited to documents, electronic documents, electronically stored information, things, exhibits,
discovery responses and testimony designated in good faith as constituting or containing
Designated Material by Parties and non-parties in the Litigation. Any Designated Material
produced by a Party or non-party during the course of the Litigation may be designated by such
Party or non-party as “CONFIDENTIAL,” or “HIGHLY CONFIDENTIAL – ATTORNEYS’
EYES ONLY.”
2.

For the purposes of this Stipulated Protective Order, Designated Material

designated as CONFIDENTIAL shall be information or tangible things that the producing Party
believes in good faith qualifies for protection under standards developed under Federal Rule of
Civil Procedure 26(c) as non-public confidential and/or proprietary information, whether personal
or business related. Absent a specific order by this Court, once designated as CONFIDENTIAL,
such Designated Material shall be used by the Parties only in connection with the Litigation or
appeal therefrom, and not for any other purpose, including business, competitive, or governmental
purposes or functions, and such information shall not be disclosed to anyone except as provided
herein.
3.

Designated Material designated as HIGHLY CONFIDENTIAL – ATTORNEYS’

EYES ONLY shall be information that the producing Party believes in good faith is extremely
sensitive confidential information that if disclosed to another Party or non-party would create a
substantial adverse impact on the producing Party’s business, financial condition, ability to
compete, standing in the industry, or any other risk of injury that could not be avoided by less
restrictive means. Such material includes, without limitation, technical or product information not
released to the public; confidential business information, including but not limited to market
studies and analyses, future projections, strategies, forecasts, business plans, and information
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concerning business decisions or negotiations; company financial information and projections in
any form that have not been made available to the public; license agreements and other contractual
relationships with third parties; identification of current, former, or potential customers and
vendors, including but not limited to client lists; materials relating to ongoing research and
development efforts and future products; technical materials used solely for internal purposes in
connection with development, production information, engineering information, or sales training
information; and non-public correspondence and documents relating to the prosecution of any
patent applications or any other proceeding before the United States Patent and Trademark Office
or any foreign patent office. Absent a specific order by this Court, once designated as HIGHLY
CONFIDENTIAL – ATTORNEYS’ EYES ONLY, such Designated Material shall be used by the
Parties only in connection with the Litigation or appeal therefrom, and not for any other purpose,
including business, competitive, or governmental purposes or functions, and such material shall
not be disclosed to anyone except as provided herein.
4.

The scope of this Stipulated Protective Order shall be understood to encompass not

only those items or things which encompass CONFIDENTIAL or HIGHLY CONFIDENTIAL –
ATTORNEYS’ EYES ONLY, but also any information derived therefrom and all excerpts and
summaries thereof, as well as testimony and oral conversation related thereto.
5.

Each Party or non-party that designates Designated Material for protection under

this Stipulated Protective Order must limit any such designation to specific material that qualifies
under the appropriate standards. The designation of Designated Material as CONFIDENTIAL or
HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY for purposes of this Stipulated
Protective Order shall be made in the following manner by the Party or non-party seeking
protection:
a.

In the case of documents, electronic documents, exhibits, briefs,

memoranda, interrogatory responses, responses to requests for admission, things or other
materials (apart from documents and things made available for inspection, depositions,
pretrial or trial testimony) by affixing the legend CONFIDENTIAL or HIGHLY
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CONFIDENTIAL – ATTORNEYS’ EYES ONLY, as appropriate, to every page of any
document containing Designated Material at the time such documents are produced or such
information is disclosed, or as soon thereafter as the Party or non-party seeking protection
becomes aware of the confidential nature of the material disclosed and sought to be
protected;
b.

For documents and things made available for inspection only, such

documents and things shall be considered HIGHLY CONFIDENTIAL – ATTORNEYS’
EYES ONLY. Upon request for copying and production by the inspecting Party, the
producing Party shall designate such documents with the appropriate confidentiality
marking;
c.

In the case of depositions, pretrial and trial testimony: (i) by a statement by

counsel on the record during such deposition, pretrial or trial proceeding that the entire
transcript or a portion thereof shall be designated as CONFIDENTIAL or HIGHLY
CONFIDENTIAL – ATTORNEYS’ EYES ONLY, as appropriate, hereunder; or (ii) by
written notice of such designation sent by counsel to all Parties within twenty-one (21)
calendar days after receipt of the final transcript of the testimony. The Parties shall treat
all deposition, pretrial and trial testimony as HIGHLY CONFIDENTIAL – ATTORNEYS’
EYES ONLY hereunder until the expiration of twenty-one (21) calendar days after the
receipt of the final transcript. Until designated otherwise thereinafter, any confidentiality
is waived after the expiration of the twenty-one (21) days unless otherwise stipulated or
ordered. The Parties may modify this procedure for any particular deposition or proceeding
through agreement on the record at such deposition or proceeding or otherwise by written
stipulation, without further order of the Court;
d.

In the case of Designated Material designated as CONFIDENTIAL or

HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY used during the course of a
deposition as a deposition exhibit or otherwise, that portion of the deposition record
reflecting such Designated Material shall be designated pursuant to Subparagraph 5(c)
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above, and access thereto shall be limited pursuant to the other terms of this Stipulated
Protective Order; and
e.

Each Party retains the right to subsequently re-designate documents and to

require such documents to be treated in accord with such designations from the date of the
re-designation forward.
6.

Designated Material designated as CONFIDENTIAL, copies of or extracts

therefrom, and compilations and summaries thereof, may be disclosed, summarized, described,
characterized, otherwise communicated, or made available in whole or in part only to the following
persons:
a.

Outside counsel for the Parties. As used herein, “outside counsel” shall

mean attorneys for the respective firms, including supporting personnel employed by the
attorneys, such as patent agents, paralegals, legal secretaries, legal clerks, and litigation
support employees;
b.

No more than three officers, directors or employees of Plaintiff, on the one

hand, and Defendants collectively, on the other, whose assistance is needed by outside
counsel of record;
c.

Consultants and experts as defined in and pursuant to the provisions of

Paragraph 8 herein;
d.

The Court, jury and court personnel, subject to Paragraph 10 herein;

e.

Court reporters, videographers, outside copying, interpreters or translators,

employed in connection with the Litigation;
f.

Graphics or design services retained by counsel for a Party for purposes of

preparing demonstrative or other exhibits for deposition, trial, or other court proceedings
in the Litigation;
g.

Non-technical jury or trial consulting services retained by counsel for a

Party;

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h.

The author(s) and all recipients of the document or the original source of

the information, as reflected on the face of the document or in other documents or
testimony; and
i.

Any other person upon order of the Court or upon written consent of the

producing Party.
7.

Designated Material designated as HIGHLY CONFIDENTIAL – ATTORNEYS’

EYES ONLY, copies or extracts therefrom, and compilations and summaries thereof, may be
disclosed, summarized, described, characterized, otherwise communicated or made available in
whole or in part only to the following persons:
a.

Parties’ outside counsel of record in the Litigation, as defined in

Subparagraph 6(a) above;
b.

Consultants and experts as defined in and pursuant to the provisions of

Paragraph 8 herein;
c.

The Court, jury and court personnel, subject to Paragraph 10 herein;

d.

Court reporters, videographers, outside copying, interpreters or translators,

employed in connection with the Litigation;
e.

Graphics or design services retained by counsel for a Party for purposes of

preparing demonstrative or other exhibits for deposition, trial, or other court proceedings
in the Litigation;
f.

Non-technical jury or trial consulting services retained by counsel for a

g.

The author(s) and all recipients of the document or the original source of

Party;

the information; and
h.

Any other person only upon order of the Court or upon written consent of

the producing Party.
8.

For purposes of this Stipulated Protective Order only, a consultant or expert shall

be defined as a person who is neither an employee, agent or representative of a Party, nor
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anticipated to become an employee, agent or representative of a Party in the near future, and who
is retained or employed to assist in the preparation for trial or any other proceeding in the
Litigation, whether full or part time, by or at the direction of counsel for a Party. The procedure
for having a consultant or expert approved for access to Designated Material designated as
CONFIDENTIAL or HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY under this
Stipulated Protective Order shall be as follows:
a.

A Party sponsoring a consultant or expert for access to Designated Material

must:
(1)

provide the consultant or expert with a copy of this Stipulated

Protective Order, and
(2)

obtain the written agreement of the consultant or expert, in the form

of Exhibit A hereto, to comply with and be bound by the terms of this Stipulated
Protective Order. Before providing information designated CONFIDENTIAL or
HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY by a producing Party
pursuant to this Stipulated Protective Order to a consultant or expert, the Party
seeking to disclose the information to a consultant or expert shall identify the
consultant or expert to the producing Party in writing and provide the producing
Party with (a) an executed Exhibit A, and (b) a written statement setting forth the
consultant’s or expert’s state and county of residence, business address, employer,
job title, curriculum vitae, and past or present association with any Party, as well as
a list of litigation matters for which the consultant or expert has provided an expert
report, declaration, deposition testimony, or trial testimony during the preceding
five years.
b.

Three (3) court days following the identification specified in Subparagraph

8(a) (hereinafter “the Identification”), the sponsoring Party may disclose the information
designated CONFIDENTIAL or HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES
ONLY under this Stipulated Protective Order to the identified consultant or expert unless
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said sponsoring Party receives a written objection to the Identification, served by electronic
mail to all counsel of record, setting forth in detail the grounds on which the objection is
based. Failure to object within three (3) court days of the Identification shall be deemed a
waiver of the objection. If the sponsoring Party receives such an objection within three (3)
court days of the Identification, the consultant or expert shall be barred from access to any
information

designated

CONFIDENTIAL

or

HIGHLY

CONFIDENTIAL

–

ATTORNEYS’ EYES ONLY under this Stipulated Protective Order for seven (7) calendar
days commencing with the receipt by the producing Party of the information required in
subparagraph (a) above, such other amount of time is agreed upon by counsel, or until a
ruling on a Motion for Protective Order pursuant to paragraph 8(c), if any;
c.

If within said seven (7) calendar days, the Parties are unable to resolve their

differences and the opposing Party moves for a further protective order preventing
disclosure of information designated CONFIDENTIAL or HIGHLY CONFIDENTIAL –
ATTORNEYS’ EYES ONLY under this Stipulated Protective Order to the identified
consultant or expert, then the Designated Material shall not be provided to said consultant
or expert except by further order of the Court. Any such motion for a protective order by
the opposing Party must describe the circumstances and reasons for objection, setting forth
in detail the reasons for which the further protective order is reasonably necessary,
assessing the risk of harm that the disclosure would entail, and suggest any additional
means that might be used to reduce that risk. The opposing Party shall bear the burden of
proving that the risk of harm that the disclosure would entail (under the safeguards
proposed) outweighs the seeking Party’s need to disclose the Designated Material to said
consultant or expert;
d.

Nothing in this paragraph 8 is intended to be a waiver of any valid

objections under Rule of Evidence 702 that any Party may have.
9.

Any person may be examined as a witness at trial or during a deposition concerning

any Designated Material which that person had lawfully received or authored prior to or apart from
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the Litigation.

During examination, any such witness may be shown Designated Material

designated as CONFIDENTIAL or HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY
that appears on its face, or from other documents or testimony, to have been received from,
authored by, or communicated to that witness. Further, if a person is authorized under paragraph
6 above to access Designated Materials designated CONFIDENTIAL and/or paragraph 7 above to
access Designated Materials designated HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES
ONLY, that person may be examined as a witness at trial or during a deposition concerning, among
other things, any and all Designated Material to which he or she was permitted access under this
Stipulated Protective Order.

If an expert and/or consultant accesses Designated Material

designated as CONFIDENTIAL and/or HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES
ONLY under paragraph 8 above, that person may be examined as a witness at trial or during a
deposition concerning, among other things, any and all Designated Material which he or she was
permitted access under this Stipulated Protective Order. At any deposition session, upon any
inquiry with regard to the content of a document marked CONFIDENTIAL or HIGHLY
CONFIDENTIAL – ATTORNEYS’ EYES ONLY, or when counsel for a person (Party or nonparty) deems that the answer to a question may result in the disclosure of CONFIDENTIAL or
HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY information of his or her client
within the meaning of this Stipulated Protective Order, counsel for the person whose
CONFIDENTIAL or HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY information is
involved may request that all persons other than the reporter, counsel, and individuals authorized
under Paragraphs 6 and 7 hereof, leave the deposition room during the confidential portion of the
deposition. The failure of such other persons to comply with a request to leave the deposition shall
constitute substantial justification for counsel to advise the witness that he or she need not answer
the question.
10.

Designated Material filed with the Court, or included in briefs, memoranda or other

papers filed with this Court, shall be filed under seal; such materials shall not be filed in a manner
in which the general public can access such materials.
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11.

A Party may challenge any other Party’s designation of Designated Materials

produced herein by serving a written objection with a full statement of its reasons for the challenge
upon the producing Party. In the event that a Party challenges the designation of Designated
Material, the designating Party shall, within fourteen (14) calendar days of such challenge, serve
the challenging party by facsimile or email with a written explanation of the designation. Failure
to respond within fourteen (14) calendar days to the designation challenge shall result in dedesignation of the material in question. If an explanation for the designation is offered, the Parties
shall first try to resolve such dispute in good faith on an informal basis. If the dispute cannot be
resolved, the Party challenging the designation may seek relief from the Court. The designating
Party bears the burden of establishing that the information was properly designated. Each such
motion shall identify the challenged material and the basis for the challenge. Until a dispute over
the asserted designation is finally resolved by the Parties or the Court, all Parties and persons shall
treat the Designated Material in question according to its designation.
12.

All counsel for the Parties who have access to Designated Material designated as

CONFIDENTIAL or HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY under this
Stipulated Protective Order acknowledge they are bound by this Stipulated Protective Order and
submit to the jurisdiction of this Court for purposes of enforcing this Stipulated Protective Order.
13.

No party shall, merely by entering into, agreeing to, and/or producing or receiving

Designated Material designated as CONFIDENTIAL or HIGHLY CONFIDENTIAL –
ATTORNEYS’ EYES ONLY, or otherwise complying with the terms of this Stipulated Protective
Order:
a.

Waive any right to object on any ground to the use of any of the Designated

Material covered by this Stipulated Protective Order as evidence in this Litigation; or
b.

Waive any objection to the disclosure or production of Designated Material

otherwise available on any ground not addressed in this Stipulated Protective Order.

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14.

This Stipulated Protective Order has no effect upon, and shall not apply to, a Party’s

use or disclosure of its own Designated Material for any purpose, and such use shall not by itself
constitute a waiver or de-designation of the original confidentiality designation.
15.

Nothing contained herein shall impose any restrictions on the use or disclosure by

a Party of Designated Material designated as CONFIDENTIAL or HIGHLY CONFIDENTIAL–
ATTORNEYS’ EYES ONLY obtained lawfully by such Party independently of any proceedings
in this action, or which:
a.

Was already known to such Party by lawful means prior to acquisition from,

or disclosure by, any other Party in this action;
b.

Is or becomes publicly known through no fault or act of such Party; or

c.

Is rightfully received by such Party from a non-party that has authority to

provide such information or material and without restriction as to disclosure.
16.

When a Party or non-party gives written notice to a receiving Party that certain

inadvertently produced material is subject to a claim of privilege or other protection, the
obligations of the receiving Party are those set forth in Federal Rule of Civil Procedure 26(b)(5)(B).
17.

The parties’ production of any documents in this proceeding shall not, for purposes

of this proceeding or any other proceeding in any other court, constitute a waiver of any attorneyclient privilege or work product protection applicable to those documents.
18.

If corrected promptly after realization or notice, an inadvertent failure to designate

qualified information or items does not, standing alone, waive the designating Party or non-party’s
right to secure protection under this Order for such material. Upon timely correction of a
designation, the receiving Party must make reasonable efforts to assure that the material is treated
in accordance with the provisions of this Order. The receiving Party shall notify any person to
whom it communicated such information that the information has been designated
CONFIDENTIAL or HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY and, if the
person to whom it communicated the information is not authorized under this Stipulated Protective
Order to view CONFIDENTIAL or HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY
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material, the receiving Party shall request that the person to whom it communicated the
information destroy any document or thing containing the information. The receiving Party shall
notify the producing Party of the identity of the person.
19.

If a Party learns that it has disclosed documents or information, by inadvertence or

otherwise, that were designated CONFIDENTIAL or HIGHLY CONFIDENTIAL –
ATTORNEYS’ EYES ONLY to any person or in any circumstance not authorized under this
Stipulated Protective Order, that Party must immediately (1) notify in writing the designating Party
of the unauthorized disclosures, (2) use its best efforts to retrieve all copies of the Designated
Material, (3) inform the person or persons to whom unauthorized disclosures were made of all the
terms of this Stipulated Protective Order, and (4) request such person or persons complete and sign
a copy of the undertaking in the form attached hereto as Exhibit A.
20.

It is the present intention of the Parties that the provisions of this Stipulated

Protective Order shall govern discovery and other pretrial and trial proceedings in this action.
Nonetheless, each of the Parties hereto shall be entitled to seek modification of this Stipulated
Protective Order by application to the Court on notice to the other Parties hereto for good cause
shown.
21.

The provisions of this Stipulated Protective Order shall, absent written permission

of the producing Party or further order of the Court, continue to be binding throughout and after
the conclusion of this action, including without limitation any appeals therefrom. Within sixty
(60) calendar days after receiving notice of the entry of an order, judgment, or decree finally
disposing of this action, including any appeals therefrom, all persons having received Designated
Material designated as CONFIDENTIAL or HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES
ONLY hereunder shall return such material and all copies thereof (including summaries and
excerpts) to counsel for the producing Party, or shall certify destruction thereof. Counsel described
in Paragraphs 6(a) and 7(a) above shall be entitled to retain court papers, deposition and trial
transcripts, and attorney work-product (including court papers, transcripts, and attorney workproduct that contain information or material designated as CONFIDENTIAL or HIGHLY
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CONFIDENTIAL – ATTORNEYS’ EYES ONLY) provided that such counsel, and employees of
such counsel, shall not disclose any such information and material designated as CONFIDENTIAL
or HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY contained in such court papers,
transcripts, attorney work-product, or documents to any person or entity except pursuant to a
written agreement with the producing Party of the information or material. Attorney work product
may be used in subsequent litigation provided that such use does not disclose information or
material designated CONFIDENTIAL or HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES
ONLY.
22.

If any Party (a) is subpoenaed in another action, (b) is served with a demand in

another action to which it is a party, or (c) is served with any other legal process by one not a Party
to the Litigation, seeking information or material which was produced or designated as
CONFIDENTIAL or HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY by someone
other than the designating Party or non-party, the Party shall give prompt actual written notice no
more than five (5) court days after receipt of such subpoena, demand, or legal process, to those
who produced or designated the Designated Material and shall object to its production. Should
the person seeking access to the Designated Material take action against the Party or anyone else
covered by this Stipulated Protective Order to enforce such a subpoena, demand or other legal
process, the Party shall respond by setting forth the existence of this Stipulated Protective Order.
The designating Party shall bear the burdens and the expenses of seeking protection in the court
of its Designated Material, and nothing in these provisions shall be construed as authorizing or
encouraging a Party in this action to disobey a directive from another court.
23.

The Parties agree that all documents, information, and material exchanged between

the Parties in this action shall be used only in connection with the Litigation or appeal therefrom,
and shall not be used for any other purpose, including any business, commercial, competitive,
personal, or other purposes, subject to the other terms of this Stipulated Protective Order.
24.

Nothing in this Stipulated Protective Order shall prevent outside counsel from

giving legal advice based on information that has been designated CONFIDENTIAL or HIGHLY
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CONFIDENTIAL – ATTORNEYS’ EYES ONLY, provided such legal advice shall not reveal the
substance of any designated information to a person not authorized to receive it.
25.

By entering this Order and limiting the disclosure of information in this case, the

Court does not intend to preclude another court from finding that information may be relevant and
subject to disclosure in another case. Any person or party subject to this Order who becomes
subject to a motion to disclose another party’s information designated “CONFIDENTIAL” or
“HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” pursuant to this Order shall
promptly notify the designating person of the motion so that the designating person may have an
opportunity to appear and be heard on whether the Designated Material should be disclosed.
26.

The execution of this Order shall not be construed as an agreement by any person

or party to produce or supply any information, document or thing, or as a waiver by any person or
party of the right to object to the production of any information, document or thing, or as a waiver
of any claim of privilege with regard to the production of any information, document, or thing. In
addition, nothing contained in this order shall be construed as an admission by any party that any
document, information or other material designated as CONFIDENTIAL or HIGHLY
CONFIDENTIAL – ATTORNEYS’ EYES ONLY is in fact confidential, proprietary, or a trade
secret.
27.

A party’s failure to object to a producing party’s designation of any information,

document or other material as CONFIDENTIAL or HIGHLY CONFIDENTIAL – ATTORNEYS’
EYES ONLY shall have no evidentiary significance and shall not constitute an admission that the
information is confidential, proprietary, or a trade secret.
DATED this 27th day of September 2018.
BY THE COURT:
/s/ Susan M. Bazis
United States Magistrate Judge

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EXHIBIT A
UNITED STATES DISTRICT COURT
DISTRICT OF NEBRASKA
FORTRESS IRON L.P.,

Case No. 8:18-cv-00076

Plaintiff,
v.
FAIRWAY BUILDING PRODUCTS, LLC,
SUMMIT IMEX, INC., and MICHAEL
GREGORY,
Defendants.
AGREEMENT TO BE BOUND BY PROTECTIVE ORDER

UNDERTAKING OF: ________________________________
1.

I reside in:

2.

My present employer, and my business address, is:

3.

My present occupation or job description is:

4.

I have received a copy of the Stipulated Protective Order in the Litigation.

5.

I have carefully read and understand the provisions of the Stipulated Protective

6.

I will comply with all of the provisions of the Stipulated Protective

7.

I will hold in confidence, will not disclose to anyone not qualified under the

Order.

Order.

Stipulated Protective Order, and will use only in connection with the Litigation or appeal
therefrom, in strict compliance with the terms and conditions of the Stipulated Protective Order,

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any Designated Material which is disclosed to me. I acknowledge that termination of the Litigation
does not release me from the obligations set out in this Paragraph.
8.

I will return all Designated Material which comes into my possession, and

documents or things which I have prepared relating thereto, to counsel for the Party by whom I am
employed or retained in strict accordance with the provisions of the Stipulated Protective Order,
or I will destroy all such Designated Material promptly after I have finished using it for purposes
of the Litigation.
9.

I hereby submit to the jurisdiction of this Court for the purposes of enforcement of

the Stipulated Protective Order in the Litigation.
I declare under penalty of perjury under the laws of the United States that the foregoing
is true and correct. Executed this ___ day of _____________, 20__.

Signature:___________________________

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