Coventry Capital US LLC v. EEA Life Settlements, Inc. et al

Filing 225

AMENDED PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material...IT IS SO ORDERED. (Signed by Magistrate Judge Sarah L Cave on 7/21/20) (yv)

Case 1:17-cv-07417-VM-SLC Document 225 Filed 07/21/20 Page 1 of 8

IN THE UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
COVENTRY CAPITAL US LLC,
Plaintiff,

No. 17-cv-07417-VM-SLC
AMENDED PROTECTIVE ORDER

v.
EEA LIFE SETTLEMENTS, INC.,
HIREN PATEL, and VINCENT PISCAER,
Defendants.

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 action, 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—shall adhere to the following
terms, upon pain of contempt:
1.

Any person subject to this Order who receives from any other person any

“Discovery Material” (i.e., information of any kind provided in the course of discovery in this
action) that is designated as “Confidential” or “Highly Confidential — Attorneys’ Eyes Only”
pursuant to the terms of this Order shall not disclose such Discovery Material to anyone else except
as expressly permitted hereunder.
2.

The person producing any given Discovery Material may designate as

“Confidential” Discovery Material that includes:
(a)

previously nondisclosed financial information;

(b)

previously nondisclosed material relating to ownership or control of any nonpublic
company;

Case 1:17-cv-07417-VM-SLC Document 225 Filed 07/21/20 Page 2 of 8

(c)

information regarding the identities of brokers, agents, producers, other
intermediaries, or funders/investors;

(d)

previously nondisclosed business plans, product development information, or
marketing plans;

(e)

any information of a personal or intimate nature regarding any individual, including
medical information;

(f)

information regarding the identities of brokers, agents, producers, other
intermediaries, or funders/investors;

(g)

non-public, confidential, proprietary or commercial information or other
information protected under foreign confidentiality and privacy laws; or

(h)

any other category of information hereinafter given confidential status by the Court.

3.

The person producing any given Discovery Material may designate as “Highly

Confidential — Attorneys’ Eyes Only” Discovery Material that includes trade secret information,
including (i) proprietary pricing models, valuation methodologies and any outputs therefrom; or
(ii) mortality tables, assumptions, or experiences.
4.

With respect to Discovery Material other than deposition transcripts and exhibits,

the producing person or that person’s counsel may designate such Discovery Material as
“Confidential” or “Highly Confidential — Attorneys’ Eyes Only” by stamping or otherwise clearly
marking the Discovery Material as “Confidential” or “Highly Confidential — Attorneys’ Eyes
Only” in a manner that will not interfere with legibility or audibility. With respect to deposition
transcripts and exhibits, a producing person or that person’s counsel may indicate on the record
that a question calls for Confidential or Highly Confidential — Attorneys’ Eyes Only information,
in which case the transcript of the designated testimony shall be bound in a separate volume and

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marked “Confidential Information Governed by Protective Order” or “Highly Confidential —
Attorneys’ Eyes Only Information Governed by Protective Order” by the reporter.
5.

If at any time prior to the trial of this action, a producing person realizes that

Discovery Material that that person previously produced without limitation should be designated
as Confidential or Highly Confidential — Attorneys’ Eyes Only, the producing person may so
designate by so apprising all parties in writing the Discovery Material will thereafter be treated as
Confidential or Highly Confidential — Attorneys’ Eyes Only under the terms of this Order.
6.

No person subject to this Order other than the producing person shall disclose any

of the Discovery Material designated by the producing person as Confidential to any other person
whomsoever, except to:
(a)

the parties to this action;

(b)

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

(c)

the parties’ in-house counsel, including any paralegal, secretarial, clerical and other
personnel assisting such counsel;

(d)

the parties’ officers and employees directly involved in this case whose access to
the information is reasonably required to supervise, manage, or participate in this
case;

(e)

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

(f)

any witness who 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 NonDisclosure Agreement in the form annexed as an Exhibit hereto;

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(g)

any person retained by a party to serve as an expert witness or otherwise provide
specialized advice to counsel in connection with this action, and his or her
employees or assistants, provided such person has first executed a Non-Disclosure
Agreement in the form annexed as an Exhibit hereto;

(h)

stenographers engaged to transcribe depositions conducted in this action; and

(i)

the Court and its support personnel.

7.

Information and documents designated as Highly Confidential — Attorneys’ Eyes

Only shall not be disclosed, except by the prior written consent of the producing party or pursuant
to further order of this Court, to any person other than:
(a)

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

(b)

the parties’ in-house counsel, including any paralegal, secretarial, clerical and other
personnel assisting such counsel;

(c)

any witness who 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 NonDisclosure Agreement in the form annexed as an Exhibit hereto;

(d)

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

(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, and his or her
employees or assistants, provided such person has first executed a Non-Disclosure
Agreement in the form annexed as an Exhibit hereto;

(f)

stenographers engaged to transcribe depositions conducted in this action; and

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(g)

the Court and its support personnel.

8.

No person subject to this Order other than the producing person shall use any of the

Discovery Material designated by the producing person as Confidential or Highly Confidential —
Attorneys’ Eyes Only for any purpose other than the prosecution or defense of the above-captioned
case.
9.

Prior to any disclosure of any Discovery Material to any person referred to in

subparagraphs 6(f), 6(g), 7(c) or 7(e) above, such person shall be provided by counsel with a copy
of this Protective Order and shall sign a Non-Disclosure Agreement in the form annexed as an
Exhibit hereto stating that that person has read this Order and agrees to be bound by its terms. Said
counsel shall retain each signed Non-Disclosure Agreement, hold it in escrow, and produce it to
opposing counsel at opposing counsel’s request either immediately prior to such person being
permitted to testify (at deposition or trial) or at the conclusion of the case, whichever comes first.
10.

In the event disclosure of Confidential or Highly Confidential — Attorneys’ Eyes

Only Discovery Material is sought by a nonparty through any means that may legally require
production, such as through a lawful subpoena or other compulsory process, discovery in other
litigation, via a request for public records pursuant to any applicable federal, state, or local law, or
if required to produce by law or by any government agency having jurisdiction (“Third Party
Request”), the person receiving the Third Party Request shall notify the producing person as soon
as reasonably possible and provide the producing person an opportunity to take appropriate
measures to protect against the disclosure. Upon receiving such notice, the producing person will
bear the burden to oppose compliance with the subpoena, other compulsory process, or other legal
notice if the producing person deems it appropriate to do so. No disclosure of Confidential or
Highly Confidential — Attorneys’ Eyes Only Discovery Material shall be made to a nonparty

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through a Third Party Request absent agreement of the producing person or court order compelling
disclosure.
11.

Each person who has access to Discovery Material that has been designated as

Confidential or Highly Confidential — Attorneys’ Eyes Only shall take all due precautions to
prevent the unauthorized or inadvertent disclosure of such material.
12.

This Protective Order shall survive the termination of the litigation. Within 30 days

of the final disposition of this action, all Discovery Material designated as Confidential or Highly
Confidential — Attorneys’ Eyes Only and all copies thereof, shall be promptly returned to the
producing person, or, upon permission of the producing person, destroyed, or otherwise disposed
of as reasonably agreed to by the producing person. Counsel for each party may maintain copies
of any work product, regardless of whether it includes Confidential or Highly Confidential —
Attorneys’ Eyes Only Discovery Material.
13.

This Court shall retain jurisdiction over all persons subject to this Order to the

extent necessary to enforce any obligations arising hereunder or to impose sanctions for any
contempt thereof.

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Case 1:17-cv-07417-VM-SLC Document 225 Filed 07/21/20 Page 7 of 8

Dated: July 20, 2020
WILLIAMS & CONNOLLY LLP

ALSTON & BIRD LLP

/s/ Kenneth J. Brown
Kenneth J. Brown (pro hac vice)
William P. Ashworth (pro hac vice)
Benjamin N. Hazelwood (pro hac vice)
725 Twelfth Street, N.W.
Washington, DC 20005
Tel: [phone]
Fax: [phone]
[e-mail]
[e-mail]
[e-mail]

/s/ Karl Geercken
Karl Geercken
Steven L. Penaro
Kristen C. Kuan
90 Park Avenue
New York, NY 10016
Tel: [phone]
Fax: [phone]
[e-mail]
[e-mail]
[e-mail]
Attorneys for Defendant EEA Life
Settlements, Inc.

For Matters in New York:
WILLIAMS & CONNOLLY LLP
650 Fifth Avenue
Suite 1500
New York, NY 10019

SEWARD & KISSEL LLP
/s/ Mark Hyland
Mark Hyland
Laura Miller
Paul Koepp
Tel: [phone]
Fax: [phone]
[e-mail]
[e-mail]
[e-mail]

Attorneys for Plaintiff

Attorneys for Defendants Vincent Piscaer and
Hiren Patel

IT IS SO ORDERED.
Dated: July 21, 2020
Sarah L. Cave, U.S. Magistrate Judge

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Case 1:17-cv-07417-VM-SLC Document 225 Filed 07/21/20 Page 8 of 8

IN THE UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
COVENTRY CAPITAL US LLC,
Plaintiff,

No. 17-cv-07417-VM-SLC
NON-DISCLOSURE AGREEMENT

v.
EEA LIFE SETTLEMENTS, INC.,
HIREN PATEL, and VINCENT PISCAER,
Defendants.

I, ________________________________ acknowledge that I have read and understand
the Protective Order in this action governing the non-disclosure of those portions of Discovery
Material that have been designated as Confidential or Highly Confidential – Attorneys’ Eyes Only.
I agree that I will not disclose such Confidential or Highly Confidential – Attorneys’ Eyes Only
Discovery Material to anyone other than as provided for in the Protective Order and that at the
conclusion of the litigation I will comply with the terms of paragraph 12 of the Protective Order
related to the possible return or destruction of all Discovery Material. I further agree that I will not
use such Confidential or Highly Confidential – Attorneys’ Eyes Only Discovery Material for any
purpose other than the prosecution or defense of the above-captioned case. I also agree to notify
any secretarial, clerical or supporting personnel who are required to assist me of the terms of said
Order and to take steps to ensure their compliance with the terms of the Protective Order. By
acknowledging these obligations under the Protective 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 hereunder and that my willful violation of any term
of the Protective Order could subject me to punishment for contempt of Court.
Dated: _____________

______________________________