Groman v. General Motors LLC.

Filing 307

ORDER [Amending the Restrictions on Use of Confidential and Highly Confidential Information]. Defendants and Lead Counsel for plaintiffs having consented thereto, and for good cause shown, Order No. 10 Paragraph 7(a) (Docket No. 294), as amended by O rder No. 103 (Docket No.2901), is further amended to state as follows (changes in italics) and as further set forth in this Order. In addition, Order No. 10 Paragraph 8 (Docket No. 294), as amended by Order No. 103 (Docket No. 2901), is further amended to state as follows (changes in italic) and as further set forth in this Order. SO ORDERED. (Signed by Judge Jesse M. Furman on 2/17/22) Filed In Associated Cases: 1:14-md-02543-JMF et al. (yv)

Case 1:14-cv-02458-JMF Document 307 Filed 02/17/22 Page 1 of 2

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
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IN RE:
GENERAL MOTORS LLC IGNITION SWITCH
LITIGATION

14-MD-2543 (JMF)
14-MC-2543 (JMF)
[PROPOSED] ORDER NO. 179

This Document Relates to All Actions
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JESSE M. FURMAN, United States District Judge:
[Amending the Restrictions on Use of Confidential and Highly Confidential Information]
Defendants and Lead Counsel for plaintiffs having consented thereto, and for good cause
shown, Order No. 10 Paragraph 7(a) (Docket No. 294), as amended by Order No. 103 (Docket No.
2901), is further amended to state as follows (changes in italic):
“Restriction on Use. Confidential and Highly Confidential must be used only in this
proceeding or in any Related Litigation, except that (i) General Motors LLC shall
be permitted to use such information to assist in identifying, reporting, or resolving
any potential safety issue; and (ii) nothing in this Protective Order shall be
construed as limiting any party from disclosing a potential safety defect to an
appropriate government agency; and (iii) General Motors LLC is permitted to
produce such information in response to discovery requests received in other
litigation against the company so long as the parties to whom the information is to
be produced have agreed to be bound by an order entered in the separate
proceeding protecting the confidentiality of the information.”
In addition, Order No. 10 Paragraph 8 (Docket No. 294), as amended by Order No. 103
(Docket No. 2901), is further amended to state as follows (changes in italic):
Return of Discovery Materials. Unless otherwise agreed to by the Producing Party, within
ninety days of the termination of any party from all proceedings in this proceeding, that party, its
employees, attorneys, consultants and experts must destroy or return (at the election of the
Receiving Party) all originals and/or copies of documents with Confidential Information or Highly
Confidential Information, provided however, that the obligation to destroy or return such

Case 1:14-cv-02458-JMF Document 307 Filed 02/17/22 Page 2 of 2

documents that is imposed on counsel, consultants and experts representing multiple parties shall
not occur until the last of their represented parties has been terminated from the foregoing
referenced proceedings. At the written request of the Producing Party, any person or entity having
custody or control of recordings, notes, memoranda, summaries or other written materials, and all
copies thereof, related to or containing discovery materials produced by the Producing Party (the
“Discovery Materials”) shall deliver to the Producing Party an affidavit certifying that reasonable
efforts have been made to assure that all Discovery Materials (except for privileged
communications, work product and court-filed documents as stated above) have been destroyed or
delivered to the Producing Party in accordance with the terms of this Protective Order. A Receiving
Party is permitted to retain a list of the documents by Bates Number that are produced by a
Producing Party under this Protective Order.

SO ORDERED.
17
Dated: February ___, 2022
New York, New York

JESSE M. FURMAN
United States District Judge