Chobani, LLC v. The Dannon Company, Inc.

Filing 69

PROTECTIVE ORDER: approving the # 68 Confidentiality Stipulation executed by counsel for the parties in this action, a copy of which is attached to and incorporated herein by reference, pursuant to Rule 26(c) of the Federal Rules of Civil Procedur e, is hereby approved, subject to the following qualifications: 1) Paragraph 20(b) of the stipulation shall not be construed torequire the court to return any confidential materials filed in the action uponits completion. Setting the terms and conditions for the exchange of confidential documents, materials and information in this case. Signed by Magistrate Judge David E. Peebles on 3/24/2016. (jmb)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF NEW YORK
____________________________________
CHOBANI, LLC
Plaintiff,
Civ. Action No.
3:16-CV-0030 (DNH/DEP)
v.
THE DANNON COMPANY, INC.,
Defendant.
____________________________________
THE DANNON COMPANY, INC.,
Plaintiff,

v.
CHOBANI, LLC,
Defendant.
____________________________________
ORDER
The confidentiality stipulation (Dkt. No. 68) executed by counsel for
the parties in this action, a copy of which is attached to and incorporated
herein by reference, pursuant to Rule 26(c) of the Federal Rules of Civil
Procedure, is hereby approved, subject to the following qualifications:

1)

Paragraph 20(b) of the stipulation shall not be construed to

require the court to return any confidential materials filed in the action upon
its completion.

Dated:

March 24, 2015
Syracuse, NY

2

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK

CIVIL ACTION NO. 3:16-cv-00030-DNH-DEP
CHOBANI, LLC,
ECF Case
Plaintiff,
Hon. David N. Hurd

v.
THE DANNON COMPANY, INC.
Defendant.
THE DANNON COMPANY, INC.,

PROPOSED STIPULATED
CONFIDENTIALITY AGREEMENT AND
PROTECTIVE ORDER

Counterclaim Plaintiff,
v.
CHOBANI, LLC
Counterclaim Defendant.

WHEREAS, Plaintiff/Counterclaim Defendant Chobani, LLC (“Chobani”) and
Defendant/Counterclaim Plaintiff The Dannon Company, Inc. (“Dannon”) (collectively the
“Parties” and individually a “Party”) request that the Court issue a protective order pursuant to
Rule 26(c) of the Federal Rules of Civil Procedure to protect the confidentiality of nonpublic and
competitively sensitive information that they may need to disclose in connection with discovery
in this action;
IT IS HEREBY ORDERED that the Parties, together with the Parties’ respective parents,
subsidiaries and other affiliated entities; the Parties’ and each of their respective parents’,
subsidiaries’ and other affiliated entities’ successors, assigns, directors (or comparable office),
officers, owners, employees, advisors, representatives, agents, experts and consultants; all third

parties providing discovery in this action; and all other interested persons with actual or
constructive notice of this Stipulated Confidentiality Agreement and Protective Order (“Order”) will adhere to the following terms:
1.

Definition of “Confidential Information.” “Confidential Information” means

trade secrets and commercial information, the present disclosure of which to any person not
authorized by this Order, in the good faith judgment of the designating Party, would reveal
competitively sensitive information that should be maintained as confidential. Confidential
Information includes, without limitation, trade secret and confidential information relating to
sales, costs, pricing, profits, research, software, business plans, company financial information,
confidential employment information, employment policies, customer identities, or internal
procedures that are entitled to protection under Rule 26(c)(1)(G) of the Federal Rules of Civil
Procedure. Confidential Information also includes information of a personal or intimate nature
regarding an individual. The omission of any type of information from the preceding sentences
of this paragraph does not imply that such information cannot qualify as Confidential
Information, so long as the designating Party in good faith believes that it is confidential. In
designating information as Confidential Information, the designating Party will make such a
designation only as to that material that it in good faith believes contains Confidential
Information.
2.

Definition of “Outside Counsel Only” Material. Confidential Information

qualifies for designation as “Outside Counsel Only” if it contains: (a) highly sensitive
information relating to research, development, or production of products or services, including,
without limitation, product specifications, compositions, formulas, and ingredients; (b) highly
sensitive competitive, business, or research information, including, without limitation, research

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and development knowledge and know-how, concepts, ideas, applications, discoveries, product
innovations and future product launches; (c) highly sensitive financial information or marketing
plans and forecasts, customer lists, pricing data, cost data, customer orders, or customer
quotations; (d) pending or abandoned patent, trademark, and copyright applications, foreign or
domestic, unless published or otherwise publicly available; or (e) such other documents,
information, or material which contains Confidential Information or any other information that
the producing Party reasonably believes is of such nature and character that the unauthorized
disclosure of such information is likely to irreparably injure the producing Party. For example,
“Outside Counsel Only” information may include, without limitation, financial and accounting
information that is not publicly available, business and marketing plans or analyses, licenses,
surveys, customer communications, meeting minutes, employment records, training materials,
information obtained from a third party under a nondisclosure agreement, and similar
information, provided that the materials qualify under the standard in this Paragraph 2.
3.

Designations of Confidential Information. Any Party producing any document,

thing, information, testimony, or other discovery material containing Confidential Information
may designate it “CONFIDENTIAL” if the Confidential Information qualifies under the standard
set forth in Paragraph 1, or “HIGHLY CONFIDENTIAL - OUTSIDE COUNSEL ONLY” if the
Confidential Information qualifies under the standard set forth in Paragraph 2.
4.

Labeling of Confidential Information. Designations for purposes of this Order

shall be made in the following manner:
a. With regard to Confidential Information in written material (including
documents and transcripts of depositions or other testimony) and electronic

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images (such as TIFFs or PDFs), each page should be marked with the
designation described in Paragraphs 1–2 that is appropriate for that document.
b. With regard to Confidential Information in non-written material, such as
electronically stored information, recordings, magnetic media, photographs,
and things, a designation consistent with those set forth in Paragraphs 1–2
should be affixed to the material or its enclosing media or container in any
reasonable manner.
c. In the event a producing Party elects to permit inspection of original
documents or other material, no markings need to be made by the producing
Party in advance of the inspection. During the inspection, all such documents
or other material shall be considered as marked “HIGHLY CONFIDENTIAL
- OUTSIDE COUNSEL ONLY.” After selection by the inspecting Party of
specified documents or material for copying, the producing Party shall make
the appropriate copies, and the appropriate designations shall be placed on the
specified documents or material prior to providing the copies to the inspecting
Party.
d. Testimony given at a deposition or hearing and the resulting transcript will be
treated as “HIGHLY CONFIDENTIAL - OUTSIDE COUNSEL ONLY,” and
all Parties shall maintain the deposition or hearing transcript and information
contained therein as “HIGHLY CONFIDENTIAL - OUTSIDE COUNSEL
ONLY” until thirty (30) days after receipt of a copy of the transcript. Any
Party desiring to maintain confidentiality more than thirty (30) days after
receipt of a copy of the transcript must designate in writing before the thirty

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(30) day period expires those portions of the transcript regarded as
“CONFIDENTIAL” or “HIGHLY CONFIDENTIAL - OUTSIDE COUNSEL
ONLY.” All counsel receiving the transcript will be responsible for marking
the copies of the designated transcript in their possession or under their
control with the appropriate designations. Nothing herein shall prevent inside
counsel from attending any deposition, provided that advance notice of such
attendance is given at least 48 hours prior to the scheduled starting time, and
subject to the right of the opposing Party’s counsel to request that inside
counsel not be present during testimony regarding material already designated
as “HIGHLY CONFIDENTIAL - OUTSIDE COUNSEL ONLY” or which is
reasonably expected to cover information that will be designated as “HIGHLY
CONFIDENTIAL - OUTSIDE COUNSEL ONLY.”
5.

Persons qualified to receive “CONFIDENTIAL” material. Until and unless

either the Court rules otherwise or the designating Party agrees to withdraw or modify a
“CONFIDENTIAL” designation, material designated as “CONFIDENTIAL” shall be maintained
in confidence by the Party to whom such material is produced and shall not be disclosed to any
person except:
a. Outside Counsel for the respective Parties, including each such Outside
Counsel’s respective clerical, litigation support, paralegal employees, and
outside vendors or service providers (such as copy-service providers and
document-management consultants) that such Outside Counsel hired and
assigned to this matter. As used herein, “Outside Counsel” means attorneys

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for the respective firms who have appearances entered in this action for their
clients;
b. Any Party to this action, such Party’s officers, directors (or comparable
office), in-house counsel (including their clerical, litigation support and
paralegal personnel), and other employees who need to know such
information in order to assist the Party’s Outside Counsel with this action;
c. A Party’s insurer and counsel to those insurers;
d. Experts retained by a Party (or its Outside Counsel) for the purpose of
providing testimony who: (1) are not currently employed by the Party or any
Party’s competitor (or by the Party’s or any Party’s competitor’s parent,
subsidiary or other affiliated entity); (2) have not been employed by the Party
or any Party’s competitor (or by the Party’s or any Party’s competitor’s
parent, subsidiary or other affiliated entity) within the previous three years;
and (3) at the time of their engagement, are not anticipated to become an
employee of the Party or any Party’s competitor (or by the Party’s or any
Party’s competitor’s parent, subsidiary or other affiliated entity); provided,
however, that any such testifying expert has signed a Declaration in the form
of Exhibit A, with a copy of the signed Declaration retained by counsel of
record for the Party being assisted through the final disposition of this action,
including appeals;
e. Non-testifying experts and consultants retained by a Party (or its Outside
Counsel) who: (1) are not currently employed by the Party or any Party’s
competitor (or by the Party’s or any Party’s competitor’s parent, subsidiary or

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other affiliated entity); (2) have not been employed by the Party or any Party’s
competitor (or by the Party’s or any Party’s competitor’s parent, subsidiary or
other affiliated entity) within the previous three years; and (3) at the time of
their engagement, are not anticipated to become an employee of the Party or
any Party’s competitor (or by the Party’s or any Party’s competitor’s parent,
subsidiary or other affiliated entity); provided, however, that any such nontestifying expert or consultant has signed a Declaration in the form of Exhibit
A, with a copy of the signed Declaration retained by counsel of record for the
Party being assisted through the final disposition of this action, including
appeals;
f. The Court and authorized staff;
g. Any mediator or arbitrator that the Parties engage in this matter or that this
Court appoints;
h. Court reporters, videographers, video-deposition synchronization services,
interpreters, translators, copy services, exhibit preparation services, and
database and/or coding services retained on behalf of any Party;
i. Any author or original recipient of the Confidential Information;
j. Witnesses at their deposition, subject to Paragraph 7; and
k. Any other person, the disclosure to whom the designating Party has agreed in
writing.
6.

Persons qualified to receive “Outside Counsel Only” material. Until and

unless either the Court rules otherwise or the producing Party agrees to withdraw or modify a
“HIGHLY CONFIDENTIAL - OUTSIDE COUNSEL ONLY” designation, material designated

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as “HIGHLY CONFIDENTIAL - OUTSIDE COUNSEL ONLY” shall be maintained in
confidence by the Party to whom such material is produced and shall not be disclosed to any
person except:
a. Outside Counsel for the respective Parties, including Outside Counsel’s
clerical, litigation support, paralegal employees, and outside vendors or
service providers (such as copy-service providers and document-management
consultants) that such Outside Counsel hired and assigned to this matter;
b. The persons designated in paragraphs 5(d), 5(e), 5(f), 5(g), 5(h), 5(i) and 5(j)
of this Order; and
c. Any other person, the disclosure to whom the designating Party has agreed in
writing.
7.

Depositions.
a. Material designated “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL OUTSIDE COUNSEL ONLY” may be disclosed to a witness at a deposition
only if: (i) the witness is testifying as the designating Party’s Rule 30(b)(6)
corporate representative; (ii) the witness is currently an officer or employee of
the designating Party; (iii) the witness was an author or original recipient of a
document containing the Confidential Information or a custodian or other
person who otherwise possessed or knew the Confidential Information;
(iv) the witness is a testifying expert disclosed by the designating Party; or (v)
disclosure to the witness is reasonably necessary, subject to the designating
Party’s consent, which shall not be unreasonably withheld.

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b. If a deposition concerns Confidential Information, the designating Party shall
have the right to exclude from the portion of the deposition concerning such
information any person not authorized under Paragraphs 5 and 6, above, to
have access to such material.
8.

Notice and Acknowledgment of Order. Every person authorized under

Paragraphs 5 and 6, above, to whom Confidential Information is to be disclosed, summarized,
described, characterized, or otherwise communicated or made available in whole or in part, first
shall be advised that the material or information is being disclosed pursuant and subject to the
terms of this Order.
9.

Inadvertent Failure to Designate Confidential Information. The inadvertent

failure of a Party to designate document, testimony, or other discovery material as
“CONFIDENTIAL” or “HIGHLY CONFIDENTIAL - OUTSIDE COUNSEL ONLY” shall not
constitute, or have the effect of, a waiver of any later claim that such material or any similar
material should be treated as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL - OUTSIDE
COUNSEL ONLY.” Good faith disclosure of such material by a receiving Party before such
later designation, however, shall not be deemed a violation of the provisions of this Order. Upon
receiving written notice of a failure to designate, a receiving Party shall reasonably cooperate to
restore the confidentiality of the inadvertently or unintentionally disclosed material. The
designating Party shall provide substitute copies bearing the corrected designation. The receiving
Party shall make reasonable efforts to retrieve and replace the inadvertently or unintentionally
disclosed material with the provided substitute copies and shall return or certify the destruction
of the undesignated material in the receiving Party’s possession, custody, or control.

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10.

Challenged Designations. If a Party concludes that any document, testimony, or

other discovery material designated as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL OUTSIDE COUNSEL ONLY” by another Party does not qualify for that level of designation,
the non-designating Party shall first request in writing (e.g., by letter, email, or facsimile) that the
designating Party withdraw or modify the current designation within five (5) court days. Such
request shall identify the designated material that the receiving Party contends has been
inappropriately designated and the reasons for its contention. If the designating Party does not
agree to withdraw or modify the challenged designation within two (5) court days, the
challenging Party and the designating Party shall meet and confer in good faith to resolve the
issue without the need for Court intervention. If a disagreement remains and the designating
Party does not agree to withdraw or modify the challenged designation within two (2) court days
after the Parties have met and conferred, the Party challenging the designation may request by
motion that the Court strike or modify the challenged designation, as appropriate. The Party
asserting confidentiality shall bear the burden of establishing entitlement to such protection. The
producing Party’s good faith belief that a document or information is entitled to such a
designation, standing alone, is insufficient to warrant protection. Any document or information
designated as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL - OUTSIDE COUNSEL
ONLY” shall continue to be treated as such until either of the following occur: (1) the
designating Party agrees to withdraw or modify the designation; or (2) the Court has ruled that
the document or information is not entitled to the designation “CONFIDENTIAL” or “HIGHLY
CONFIDENTIAL - OUTSIDE COUNSEL ONLY.” Notwithstanding the foregoing, should a
dispute concerning the propriety of a designation arise during the course of a deposition, the

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prior-written-notice requirement shall not apply, and Court intervention may be sought
immediately.
11.

Unauthorized Disclosure. In the event of disclosure of any Confidential

Information to a person not authorized to have access to such material, the Party responsible for
having made, and any Party with knowledge of such disclosure, shall promptly inform Outside
Counsel for the designating Party whose Confidential Information has thus been disclosed of all
known relevant information concerning the nature and circumstances of the disclosure. The
responsible Party shall also promptly take all reasonable measures to ensure that no further
unauthorized disclosure or use of such information or materials is made. Each Party shall
cooperate in good faith in that effort.
12.

Other Proceedings. If Confidential Information in the possession, custody, or

control of any receiving Party is sought by subpoena, request for production of documents,
interrogatories, or any other form of discovery request or compulsory process, including any
form of discovery request or compulsory process of any court, administrative or legislative body,
or any other person or tribunal purporting to have the right to seek such information by
compulsory process or discovery request, including private parties, the receiving Party to whom
the process or discovery request is directed shall: (a) within three (3) calendar days after receipt
thereof and, if permitted by the time allowed under the request, at least five (5) calendar days
before any disclosure, give written notice by hand delivery, facsimile, or email of such process or
discovery request together with a copy thereof, to counsel for the designating Party so that the
designating Party may have an opportunity to appear and be heard on whether the requested
information should be disclosed; (b) cooperate with respect to all reasonable procedures sought
to be pursued by the designating Party with respect to such process or discovery request; and (c)

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only make production or disclosure of such Confidential Information if the designating Party
consents in writing to production or if the designating Party fails to move for a protective order
or similar relief within the time allowed by the court, administrative body, or tribunal with
jurisdiction over the process or request. Nothing in this Stipulated Protective Order shall prevent
either Party from using the Confidential Information of the other Party in the case captioned
General Mills, Inc. v. Chobani, LLC, Civil Action No. 3:16-cv-00058 (United States District
Court for the Northern District of New York), including in response to a validly issued discovery
request or subpoena served upon it by General Mills, Inc., provided that the producing Party
complies with the terms of this paragraph.
13.

Third Parties. Any third party from whom discovery is sought in this action may,

in accordance with this Order, designate some or all of its production as Confidential
Information, and each receiving Party will have the same rights, obligations, and restrictions with
respect to the third party’s designations of Confidential Information as that receiving Party has
with respect to the Confidential Information of any other producing Party.
14.

Filing Confidential Information. No Confidential Information or excerpts

thereof shall be filed in the public record of this action by a receiving Party, unless any of the
following occur: (1) the designating Party has withdrawn the designation in writing; or (2) the
Party filing the Confidential Information files a Motion to Seal concurrently with the Court. The
Parties agree to act in good faith and cooperate with one another to expedite compliance with the
Local Civil Rules for filing Confidential Information and excerpts thereof. Any Party seeking to
file Confidential Information obtained during discovery and subject to this protective order must
file a Motion to Seal concurrently with the filing that contains the sealed information, redacted as
necessary. Upon the filing of any such Motion to Seal, the court will make a determination as to

12

whether a sufficient showing has been made that the interests of parties in preserving the
confidentiality of the information at issue sufficiently outweighs the public’s interest in access to
judicial documents in order to justify the requested sealing.
15.

Non-Waiver. Agreement to this Order is without prejudice to the right of any

Party to seek an Order from this Court imposing further restrictions on the dissemination or
handling of Confidential Information, or to seek to rescind, modify, alter, or amend this Order
with respect to particular Confidential Information. Nothing in this Order shall abridge the rights
of any person to seek judicial review or to pursue other appropriate judicial action with respect to
any ruling made by the Court concerning the issue of the status of Confidential Information.
Nothing in this Order shall be construed as a waiver of any objections that a Party may have with
regard to any designation, except as expressly provided herein. A receiving Party’s acceptance of
designated material shall not constitute an admission or concession or permit an inference that
the material has been properly designated.
16.

Inadvertent Production of Materials Protected by Privilege.
a. The inadvertent production by a Party of documents or information
(“Materials”) subject to the attorney-client privilege, work-product protection,
or any other applicable privilege or protection, despite the producing Party’s
reasonable efforts to prescreen such Materials prior to production, will not
waive the applicable privilege and/or protection if a request for return of such
inadvertently produced Materials is made promptly after the producing Party
learns of its inadvertent production.
b. Upon a request from a producing Party that has inadvertently produced
Materials that it believes are privileged and/or protected, each Party who has

13

received such Materials shall immediately destroy the Materials and all copies
thereof, or shall return the Materials and all copies thereof to the producing
Party.
c. Nothing herein shall prevent the Party that received such Materials from
preparing a record for its own use containing the date, author, addresses, and
the title of the inadvertently produced Materials, and only such other
information as is reasonably necessary to identify and describe the Materials
to the Court for the sole purpose of filing a motion to compel production.
17.

Trial. The Parties shall confer in good faith about appropriate procedures to

protect Confidential Information at trial. If the Parties cannot agree, the Parties will seek
approval from the Court before using Confidential Information at trial.
18.

Restrictions Not Imposed. The restrictions set forth in this Order shall not apply

to:
a. A Party’s disclosure or use of its own Confidential Information for any
purpose;
b. Information or material that: (1) is already public knowledge; (2) has become
public knowledge in a manner other than by violation of this Order; (3) was,
is, or becomes in the receiving Party’s possession independently of its
production by the designating Party in a manner other than by violation of this
Order; (4) is acquired by the receiving Party from a third party having the
right to disclose such information or material; or (5) was lawfully possessed
by a non-designating Party prior to the entry by the Court of this Order.

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19.

Jurisdiction. The recipient of any Confidential Information hereby agrees to

subject him/herself to the jurisdiction of this Court for the purpose of any proceedings relating to
the performance under, compliance with, or violation of this Order.
20.

Conclusion of Action.
a. This Order shall remain in full force and effect after the conclusion of this
litigation, until canceled or otherwise modified by order of this Court, and this
Court will retain jurisdiction over all persons subject to this Order to the
extent necessary to enforce any obligations arising hereunder.
b. Within forty five (45) days after the conclusion of this action, including any
appeals or petitions for review, all Confidential Information and any copies
thereof shall be: (1) returned to counsel for the designating Party; or (2) at the
option of the receiving Party, destroyed, in which case Outside Counsel for
the receiving Party shall certify such destruction in writing to the designating
Party. Subject to the terms of this Order, Outside Counsel may retain copies of
all filed pleadings, papers, and deposition transcripts and exhibits for archival
purposes.

21.

Information Used Exclusively for this Action. The Confidential Information

shared pursuant to this Order shall be used only in the prosecution or defense of this action and
any related action within the meaning of General Order #12, including without limitation the
case captioned General Mills, Inc. v. Chobani, LLC, Civil Action No. 3:16cv00058 (United
States District Court for the Northern District of New York). Nothing contained in this Order,
however, will affect or restrict the rights of any Party with respect to its own documents or
information.

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22.

Parties’ Agreement to Be Bound. The Parties agree to be bound by the terms

and conditions of this Order as of the date in which this Order is filed with the Court. This Order
shall remain binding on the Parties while pending the Court’s approval and endorsement.

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IT IS SO ORDERED.
___________________
Date

______________________________
Magistrate Judge David E. Peebles

WE ASK FOR THIS:

VENABLE LLP

FOLEY HOAG, LLP

By: /s/ Randall K. Miller

By: /s/ David A. Kluft

Angel A. Garganta
Marcella Ballard
Randall K. Miller (admitted pro hac vice)
(Bar Roll 303217)
Michael C. Hartmere
Rockefeller Center
1270 Avenue of the Americas
New York, NY 10020
[phone] (Telephone)
[e-mail]
[e-mail]
[e-mail]
[e-mail]

Julia Huston (Bar Roll No. 518555)
David A. Kluft
Anthony E. Rufo
155 Seaport Boulevard
Boston, MA 02210-2600
Telephone: [phone]
[e-mail]
[e-mail]
[e-mail]

SCOLARO FETTER GRIZANI
MCGOUGH & KING, P.C.
Chaim J. Jaffe (Bar Roll 507042)
507 Plum Street, Suite 300
Syracuse, NY 13204
[phone] (Telephone)
[e-mail]

Douglas A. Foss (Bar Roll No. 601172)
Svetlana K. Ivy (Bar Roll No. 516400)
99 Garnsey Road
Pittsford, New York 14534
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]

Counsel to The Dannon Company, Inc.

Counsel to Chobani, LLC

HARRIS BEACH PLLC

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EXHIBIT A
DECLARATION
I, ____________________________, declare that:
1.

I have read the Stipulated Confidentiality Agreement and Protective Order (the

“Order”) agreed to by the Parties and ordered by the United States District Court for the
Northern District of New York in the action Chobani, LLC v. The Dannon Company, Inc., Civil
Action No. 3:16-cv-00030 (DNH/DEP).
2.

Capitalized terms used in herein and not otherwise defined herein shall have the

meanings ascribed to them in the Order.
3.

I understand the Order and agree to be bound by its terms.

4.

I shall keep confidential and I shall not disclose any Confidential Information to

any person and I shall not use or permit the use of any Confidential Information by or for any
purpose(s) other than those expressly permitted by the Order.
5.

I understand that the Confidential Information and my copies or notes relating

thereto may only be disclosed to or discussed with persons permitted by the Order to receive
such information and I will not otherwise disclose or discuss any Confidential Information.
6.

I shall return all Confidential Information in my possession or control, copies

thereof, and notes that I have prepared relating thereto, solely to Outside Counsel at the law firm
for the Party by whom or on whose behalf I am retained.
7.

I understand that a violation of the terms of the Order may be punishable by

appropriate sanctions and may be treated as if contempt by an order of the Court.

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8.

I hereby submit to the jurisdiction of the United States District Court for the

Northern District of New York for the purpose of enforcement of the Order and waive any and
all objections to jurisdiction and venue.
I declare under penalty of perjury under the laws of the United States of America that the
foregoing is true and correct.

Date: __________________

_____________________________________

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