SGM Holdings LLC et al v. Andrews et al

Filing 59

PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material...SO ORDERED. (Signed by Judge Paul A. Crotty on 8/10/2021) (vfr)

Case 1:15-cv-08142-PAC Document 58 Filed 08/04/21 Page 1 of 8
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Case 1:15-cv-08142-PAC Document 58 Filed 08/04/21 Page 2 of 8
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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
SGM Holdings LLC, Syndicated Geo Management
Corporation, Richard Featherly, Lawrence Field, and
Premier Natural Resources LLC,

)
)
)
)
Plaintiffs,
)
against
)
)
A. James Andrews, Richard Gaines, and Karl Schledwitz, )
)
Defendants. )

15 Civ. 8142 (PAC)

PROTECTIVE ORDER
The parties having agreed to the following terms of confidentiality, and the Court having
found that good cause exists for issuance of an appropriately-tailored confidentiality order
governing the pre-trial phase of this litigation, it is therefore hereby
ORDERED that any person subject to this Order -- including without limitation the
parties to this action, their 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 Order -- shall adhere to the following terms:
1.

Any person subject to this Order who receives from any other person any
information of any kind -- whether in documents, testimony, or any other form -provided in the course of this litigation (“Discovery Material”) that is designated
as “Confidential” pursuant to the terms of this Order shall not disclose such
Confidential Discovery Material to anyone else except as expressly permitted by
this Order.

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2.

The person producing any given Discovery Material may designate as
“Confidential” any Discovery Material or portion of Discovery Material that
contains non-public business, commercial, financial, or personal information, the
public disclosure of which is either restricted by law or could, in the good faith
opinion of the producing person, adversely affect a person’s privacy obligations
or policies, business, commercial, financial, or personal interests.

3.

With respect to the Confidential portion of any Discovery Material other than
deposition transcripts and exhibits, the producing person or that person’s counsel
may designate such portion as “Confidential” by stamping or otherwise clearly
marking as “Confidential” the document or protected portion of the document in a
manner that will not interfere with legibility or audibility. Deposition testimony
may be designated as Confidential either on the record during the deposition or
within 5 days of receipt of the transcript.

4.

At any time prior to the trial of this action, any Discovery Material inadvertently
produced without limitation may be designated by the producing person as
Confidential by informing all parties in writing that the Discovery Materials
should be treated as Confidential under this Order.

5.

No person subject to this Order other than the producing person shall disclose any
of the Discovery Material designated as Confidential by the producing person to
any other person, except:
a.

the parties to this action;

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b.

counsel retained specifically for this action, including any paralegal,
clerical, and other assistant employed by such counsel and assigned to this
matter;

c.

as to any document, its author, its addressee, and any other person
indicated on the face of the document as having received a copy;

d.

any witness called to testify at deposition or any witness whom counsel for
a party in good faith believes may be called to testify at trial or deposition
in this action, provided such person has first executed a Non-Disclosure
Agreement in the form attached to this Order;

e.

any person retained by a party to serve as an expert witness or otherwise
provide specialized advice to counsel in connection with this action,
provided such person has first executed a Non-Disclosure Agreement in
the form attached to this Order;

f.

stenographers engaged to transcribe depositions conducted in this action;
and

g.
6.

the Court and its support personnel.

Prior to any disclosure of any Confidential Discovery Material to any person
referred to in subparagraphs 5(d) or 5(e) above, such person shall be provided by
counsel with a copy of this Order and shall sign a Non-Disclosure Agreement in
the form attached to this Order. Counsel shall retain each signed Non-Disclosure
Agreement.

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7.

All Confidential Discovery Material filed with the Court, and all portions of
pleadings, motions, or other papers filed with the Court that disclose such
Confidential Discovery Material, shall be filed under seal with the Clerk of the
Court in the manner provided by the Court’s instructions concerning “Electronic
Filing of Sealed Records” (available on the Court’s website) and by Section 7.A
of the Court’s Individual Practices. The parties will use their reasonable best
efforts to minimize the filing of Discovery Materials under seal. For any
document filed under seal, (1) a redacted version of the document shall be filed on
the public docket on the same day, and (2) a letter shall be filed on the public
docket indicating what has been filed under seal.

8.

Any party who either objects to any designation of confidentiality, or who
requests further limits on disclosure (such as “attorneys’ eyes only” in
extraordinary circumstances), may at any time prior to the trial of this action serve
upon counsel for the designating person a written notice stating with particularity
the grounds of the objection or request. If the parties cannot reach a prompt
agreement respecting the objection, the parties may seek a ruling from the Court.

9.

Each person who has access to Discovery Material that has been designated as
Confidential shall take all due precautions to prevent the unauthorized or
inadvertent disclosure of such material.

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10.

If, in connection with this litigation, a party inadvertently discloses information
subject to a claim of attorney-client privilege or work-product protection
(“Inadvertently Disclosed Information”), such disclosure shall not constitute or be
deemed a waiver or forfeiture of any claim of privilege or work-product
protection with respect to the Inadvertently Disclosed Information and its subject
matter.

11.

If a disclosing party makes a claim of inadvertent disclosure, the receiving party
shall, within five business days, return or destroy all copies of the Inadvertently
Disclosed Information, and provide a certification of counsel that all such
information has been returned or destroyed. A receiving party may move the
Court for an Order compelling production of the Inadvertently Disclosed
Information. The motion shall be filed under seal and shall not assert as a ground
for entering such an Order the fact or circumstances of the inadvertent production.

12.

This Order shall survive the termination of the litigation. Within 30 days of the
final disposition of this action, all Discovery Material designated as
“Confidential,” including copies, shall be returned promptly to the producing
person, or, upon permission of the producing person, destroyed.

13.

The Court does not retain jurisdiction over orders such as this after the litigation is
concluded.

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14.

This Stipulation and Order shall not be construed as an admission by any party
that any document or other evidence is discoverable, relevant, or admissible or as
a waiver of any right to object to the discoverability, relevance, or admissibility of
any document or other evidence. There are no intended beneficiaries of this
Stipulation and Order other than the parties to this action and the Court, and no
other person shall acquire any right hereunder.

15.

Documents designated “Confidential” or “Attorneys’ Eyes Only” in the action
DNV Investment Partnership, et al. v. Lawrence Field, et al., S.D.N.Y. no. 15
Civ. 1255 (PAC) shall be deemed so designated for the purposes of this action.
All attorney invoices produced in this action shall be deemed Confidential.

SO ORDERED
Dated: New York, New York
8/10/2021
_________________________________________
PAUL A. CROTTY,
United States District Judge

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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
SGM Holdings LLC, Syndicated Geo Management
Corporation, Richard Featherly, Lawrence Field, and
Premier Natural Resources LLC,

)
)
)
)
Plaintiffs,
)
against
)
)
A. James Andrews, Richard Gaines, and Karl Schledwitz, )
)
Defendants. )

15 Civ. 8142 (PAC)

NON-DISCLOSURE AGREEMENT
I, ________________________________, acknowledge that I have read and understand
the Stipulation and Order for the Production and Exchange of Confidential Information in this
action (the “Order”). I agree that I will not disclose any Confidential Discovery Material
produced in this litigation to anyone other than for purposes of this litigation and that at the
conclusion of the litigation I will return all discovery information to the party or attorney from
whom I received it. By acknowledging these obligations under the Order, I understand that I am
submitting myself to the jurisdiction of the United States District Court for the Southern District
of New York for the purpose of any issue or dispute arising under this Non-Disclosure
Agreement and that my willful violation of any term of the Order could subject me to
punishment for contempt of Court.

Dated: ___________

_________________________________