Pharo Gaia Fund Ltd. et al v. Bolivarian Republic of Venezuela

Filing 89

STIPULATION AND PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material... SO ORDERED. (Signed by Judge Analisa Torres on 5/10/2022) (vfr)

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3.

No person shall be permitted to have access to Confidential Material, nor shall

any person be informed of the substance of the Confidential Material by any person permitted to
have access thereto, except as provided in this Protective Order, as otherwise agreed upon by the
parties and
4.

in writing, or by order of the Court.
Confidential Material shall not be disclosed or distributed to any person or entity

other than the following:
a. the attorneys (including their expert witnesses, paralegals, clerical staff, or
other assistants) for parties to this action or for parties to any proceeding
incident to efforts to collect on a judgment in this action, but only insofar as
the attorneys have a need for the Confidential Material in connection with this
action or such proceeding;
b. the courts and their support personnel in this action and in any proceeding
incident to efforts to collect on a judgment in this action;
c. persons or entities served with writs of attachment or other legal process
incident to efforts to collect on a judgment in this action or holding assets
identified in the Confidential Material;
d. local or federal law enforcement personnel involved in any proceeding
incident to efforts to collect on a judgment in this action;
e. any other person to whom disclosure is required in order to pursue
proceedings incident to efforts to collect on a judgment in this action pursuant
to procedures authorized by law; or
f. the respective client representatives of the parties.

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5.

To the extent that Confidential Material is disclosed to persons described in

subparagraphs 5(a), (c), or (e)-(f), only those portions of the Confidential Material that are
necessary for each specific proceeding incident to efforts to collect on any judgment in this
action or that relate to specific assets at issue shall be disclosed to such persons. All persons
described in subparagraphs 5(a), (c), or (e)-(f) shall be provided with a copy of this Protective
Order. All such persons are required to use Confidential Material only for purposes directly
related to the satisfaction of a judgment in this action and are prohibited from using Confidential
Material for any other unrelated litigation or proceeding or for any business, commercial,
competitive, personal, or other purpose. Copies of documents containing Confidential Material
shall be made only to the extent necessary to facilitate a use permitted by this Protective Order.
6.

Confidential Material shall not be disclosed to any person described in

subparagraphs 5(a), (c), or (e)-(f) unless and until such person has been shown this Protective
Order and has agreed in writing to be bound by its terms by signing a copy of the attached
Acknowledgment Form, annexed hereto as Exhibit A. A copy of each executed
Acknowledgment Form shall be kept by counsel for the party on behalf of whom disclosure is
made pursuant to subparagraphs 5(a), (c), or (e)-(f).
7.

The termination of this action or any proceeding incident to efforts to collect on a

judgment in this action shall not relieve any person or party provided Confidential Material of
any obligation under this Protective Order.
8.

All Confidential Material that is filed with any court and any pleadings, motions,

exhibits, or other papers filed with any court referencing or containing Confidential Material
shall be filed under seal to the extent of such Confidential Material, unless Plaintiffs are
otherwise advised by

in writing, and kept under seal until further order of the

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Court. Any party seeking to file redacted or entire documents under seal must obtain prior Court
approval in accordance with Rule IV.A of this Court’s Individual Practices in Civil Cases. The
parties shall meet and confer in an effort to minimize the redaction or sealing request prior to
submitting their request to the Court.
9.

Within sixty (60) days of the resolution of the last proceeding incident to efforts

to collect on a judgment in this action by settlement or final judgment and the termination of any
appeals therefrom, all Confidential Material, and all copies thereof, shall be promptly destroyed,
provided that counsel may retain one complete set of any such materials that were presented in
any form to a court. Any such retained materials shall be marked “Subject to Protective Order”
in the form in which they are stored and shall be stored with a copy of this Protective Order.
10.

The provisions of this Order restricting the use and disclosure of Confidential

Material shall not apply to documents or other information which were, are, or become public
knowledge not in violation of this Order.
11.
that

This Protective Order does not waive or adjudicate any objection to the Subpoena
may have or any claim of privilege involving any document or information

responsive to the Subpoena that

may have.

takes no position by

moving for entry of this Protective Order on the susceptibility to attachment of any asset that
may be identified as a result of its compliance with the Subpoena.
12.

shall have no duty to produce Confidential Material to anyone

other than Plaintiffs.

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