Rubenstein v. Knight-Swift Transportation Holdings Inc. et al

Filing 64

JOINT STIPULATION AND CONFIDENTIALITY AND PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material... This confidentiality agreement does not bind the Court or any of its personnel. The Cour t can modify this stipulation at any time. The Court will retain jurisdiction over the terms and conditions of this agreement only for the pendency of this litigation. Any party wishing to make redacted or sealed submissions shall comply with Rule 9 of this Court's Individual Rules of Civil Procedure. SO ORDERED. (Signed by Judge Katherine Polk Failla on 1/10/2022) (vfr)

Case 1:19-cv-07802-KPF Document 64 Filed 01/10/22 Page 1 of 16

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
MARK RUBENSTEIN,
Plaintiff,
v.
KNIGHT-SWIFT TRANSPORTATION
HOLDINGS, INC.,

1:19-cv-7802-KPF

Nominal Defendant,
- and JERRY C. MOYES and VICKIE MOYES,
Defendants.

JOINT STIPULATION AND
CONFIDENTIALITY AND PROTECTIVE ORDER
This matter comes before the Court by the stipulation of Plaintiff Mark Rubenstein and
(“Plaintiff”) and Defendants, Jerry C. Moyes and Vickie Moyes (collectively, “Defendants”) (and
together with Plaintiff, the “Parties”), for the entry of a protective order pursuant to Rule 26(c) of
the Federal Rules of Civil Procedure, limiting the review, copying, dissemination, and filing of
confidential and/or proprietary documents and information to be produced by either Party or their
respective counsel, or by any non-party, in the course of discovery in this matter to the extent set
forth below (the “Stipulation”). Having found that the Parties, by, between, and among their
respective counsel, have stipulated and agreed to the terms set forth herein, and good cause having
been shown,

1

JOINT STIPULATION AND CONFIDENTIALITY AND PROTECTIVE ORDER, Case No. 1:19-cv-7802-KPF

Case 1:19-cv-07802-KPF Document 64 Filed 01/10/22 Page 2 of 16

IT IS ORDERED that:
1.

This Stipulation is being entered into to facilitate the production, exchange, and discovery
of documents and information that the Parties agree merit confidential treatment. This
Stipulation shall govern the handling of documents, depositions, deposition exhibits,
interrogatory responses, admissions, electronically stored information (“ESI”) and any
other information or material produced, given or exchanged by and among the Parties and
any non-parties to the above-captioned action (the “Litigation”) in connection with
discovery in the Litigation (such information or material hereinafter referred to as
“Discovery Material”).

2.

Either Party may designate Discovery Material it produces in connection with this
Litigation as “Confidential” either by notation on the document, statement on the record of
the deposition, written notice to counsel for the Parties hereto, or by other appropriate
means. In the case of documents produced in native, electronic form, the confidentiality
can be designated on the placeholder sheet produced along with that document, or in a
confidentiality metadata field.

3.

As used herein:
(a)

“Confidential Information” or “Protected Information” shall mean all Discovery
Material, and all information contained therein, and other information designated
as “Confidential,” that the Producing Party (as defined below) reasonably and in
good faith believes constitutes and/or contains current trade secrets or other nonpublic research, development, financial, or commercial information requiring the
protections provided in this Stipulation.

(b)

“Producing Party” shall mean the Party to this Litigation and/or any non-party
2

JOINT STIPULATION AND CONFIDENTIALITY AND PROTECTIVE ORDER, Case No. 1:19-cv-7802-KPF

Case 1:19-cv-07802-KPF Document 64 Filed 01/10/22 Page 3 of 16

producing Protected Information in connection with discovery in this Litigation, or
the Party asserting the confidentiality designation, as the case may be.
(c)

“Receiving Party” shall mean the Party to this Litigation and/or any non-party
receiving Protected Information in connection with discovery in this Litigation.

4.

ESI designated as “Confidential” shall be so designated by including a “Confidential”
notice in the body of the electronic document or by affixing a stamp with such notice to the
medium (including, but not limited to, tapes, CDs, DVDs, and flash drives) on which the
ESI is stored before copies are delivered to a Receiving Party. Printouts of any such ESI
designated as Confidential Discovery Material shall be treated in accordance with the terms
of this Stipulation and Order. Notwithstanding the foregoing, Excel documents or any other
type of electronically stored information produced in native format (together, “Natively
Produced ESI”) need not be produced using a means sufficient to ensure that every page
of such document, when printed, contains the appropriate mark or stamp. Instead, the
Disclosing Party shall use reasonable means to designate “Confidential” by (a) producing
a placeholder image corresponding to the Natively Produced ESI that includes a
“Confidential” mark; and (b) including “Confidential” as appropriate, on the label of the
media or in the transmittal e- mail containing the Natively Produced ESI.

5.

The designation of any Discovery Material as “Confidential” is not intended to, and shall
not be construed as, an admission that the Discovery Material is relevant, not subject to an
applicable privilege or protection, admissible, or reasonably calculated to lead to the
discovery of admissible evidence. The Receiving Party may, at any time, notify the
Producing Party that the Receiving Party does not concur in the designation of Discovery
Material as “Confidential.” The Parties shall meet and confer in good faith regarding any

3

JOINT STIPULATION AND CONFIDENTIALITY AND PROTECTIVE ORDER, Case No. 1:19-cv-7802-KPF

Case 1:19-cv-07802-KPF Document 64 Filed 01/10/22 Page 4 of 16

such disagreement over the classification of Discovery Material and if the Producing Party
does not agree to change the designation of such Discovery Material, the Receiving Party
may move the Court for an order removing the designation of such Discovery Material as
Protected Information. Upon such a motion, the Producing Party shall bear the burden to
prove that the Discovery Material in question is Protected Information. If such a motion is
filed, the Discovery Material shall be deemed Protected Information, with the same
confidentiality designation as asserted by the Producing Party, unless and until the Court
rules otherwise.
6.

Except with the prior written consent of the Producing Party or by Order of the Court,
Confidential Information shall not be furnished, shown, or disclosed to any person or entity
except to:
(a)

counsel for the Parties to this Litigation and their associated attorneys, paralegals
and other professional personnel (including support staff) who are directly assisting
such counsel in the preparation of this Litigation for trial or other proceeding herein,
are under the supervision or control of such counsel, and who have been advised of
their obligations hereunder;

(b)

expert witnesses or consultants who are employed or retained by a Party in
connection with the prosecution or defense of this Litigation, and members of the
expert witnesses’ or consultants’ staff working under the expert witnesses’ or
consultants’ supervision, provided, however, that such Confidential Information is
furnished, shown or disclosed to them in accordance with Paragraph 7 hereof;

4

JOINT STIPULATION AND CONFIDENTIALITY AND PROTECTIVE ORDER, Case No. 1:19-cv-7802-KPF

Case 1:19-cv-07802-KPF Document 64 Filed 01/10/22 Page 5 of 16

(c)

third-party vendors or consultants retained by the Parties or their counsel to furnish
technical services in connection with this Litigation and who have been advised of
their obligations hereunder;

(d)

the Court and court personnel, if filed in accordance with Paragraph 13 hereof;

(e)

an officer before whom a deposition is taken, including stenographic reporters,
videographers, and any necessary secretarial, clerical, or other personnel of such
officer, if furnished, shown, or disclosed in accordance with Paragraph 11 hereof;

(f)

trial and deposition witnesses, if furnished, shown, or disclosed in accordance with
Paragraphs 10 and 11, respectively, hereof;

(g)

The Parties and personnel of the Parties actually engaged in assisting in the
preparation of this Litigation for trial or other proceeding herein and who have been
advised of their obligations hereunder;

(h)

former personnel of the Parties actually engaged in assisting in the preparation of
this Litigation for trial or other proceeding herein provided, however, that such
Confidential Information is furnished, shown, or disclosed to them in accordance
with Paragraph 7 hereof;

(i)

any mediator or arbitrator engaged by the Parties to this Litigation;

(j)

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

(k)
7.

any other person agreed to by the Parties.

Before any disclosure of Protected Information is made pursuant to Paragraphs 6(b) or 6(h),
hereof, counsel for the Receiving Party shall obtain from the intended recipient of the
Protected Information such person’s written undertaking, in the form of Exhibit A attached
5

JOINT STIPULATION AND CONFIDENTIALITY AND PROTECTIVE ORDER, Case No. 1:19-cv-7802-KPF

Case 1:19-cv-07802-KPF Document 64 Filed 01/10/22 Page 6 of 16

hereto, to comply with and be bound by its terms.
8.

Protected Information shall be utilized by the Receiving Party only for purposes of this
Litigation, and for no other purposes.

9.

All depositions shall presumptively be treated as Confidential Information subject to this
Stipulation during the deposition for ten (10) days after the final transcript of said
deposition is received by counsel for each of the Parties, unless otherwise specified in
writing or on the record. At or before the end of such ten (10) day period, the deposition,
or pages thereof, may be designated for future purposes as Confidential Information by any
Party or, where applicable, by the non-party providing the deposition testimony.

10.

Should the need arise for any of the Parties to disclose Protected Information during any
hearing or trial before the Court, including through argument or the presentation of
evidence, such Party may do so only after taking such steps as the Court shall deem
necessary to preserve the confidentiality of such Protected Information.

11.

This Stipulation shall not preclude counsel for the Parties from using Protected Information
during any deposition in this Litigation, provided that prior to any such use, the Party
intending to use Protected Information shall: (a) provide a copy of this Stipulation to the
witness, and others to whom disclosure is intended to be made; (b) explain the Stipulation
to said persons and/or cause them to read the Stipulation; and (c) request that said persons
execute the undertaking attached hereto as Exhibit A, if such persons are not covered by
Paragraphs 7 and 8 of this Stipulation. Should any said person refuse to execute the
undertaking, counsel for the Parties may still use the Protected Information during the
deposition and the Parties agree that the use of such Protected Information during the
deposition shall not negate its treatment as Protected Information pursuant to this
6

JOINT STIPULATION AND CONFIDENTIALITY AND PROTECTIVE ORDER, Case No. 1:19-cv-7802-KPF

Case 1:19-cv-07802-KPF Document 64 Filed 01/10/22 Page 7 of 16

Stipulation.
12.

A Party may designate as Confidential Information any Discovery Material produced or
given by any non-party to this case, or any portion thereof. In the case of documents, such
designation shall be made by notifying all counsel, in writing, of those documents that are
to be stamped and treated as Confidential Information at any time up to ten (10) days after
actual receipt of copies of those documents by counsel for the Party asserting the
confidentiality designation. Prior to the expiration of such ten (10) day period (or until a
designation is made by counsel, if such a designation is made in a shorter period of time),
all such documents shall be treated as Confidential Information. In the case of testimony,
designation shall be made by notifying all counsel, in writing, of those portions of a
transcript which are to be stamped or otherwise treated as Confidential Information at any
time up to ten (10) days after the final transcript is received by counsel for the Party
asserting the confidentiality designation.

13.

As to the filing of Discovery Material that has previously been designated as comprising
or containing Protected Information:
(a)

Any Receiving Party who seeks to file with the Court any Discovery Material that
has previously been designated by any Producing Party as comprising or containing
Protected Information, and any pleading, brief, or memorandum which reproduces,
paraphrases, or discloses Protected Information, shall either (a) obtain the
Producing Party’s permission to remove the confidentiality designation for the
Protected Information, or (b) seek leave of the Court to file the Protected
Information under seal, with such request containing proposed redactions as
required pursuant to the Individual Practices of this Court.
7

JOINT STIPULATION AND CONFIDENTIALITY AND PROTECTIVE ORDER, Case No. 1:19-cv-7802-KPF

Case 1:19-cv-07802-KPF Document 64 Filed 01/10/22 Page 8 of 16

(b)

All pleadings, briefs, or memoranda which reproduce, paraphrase, or disclose any
documents which have previously been designated by a Party as comprising or
containing Protected Information, shall identify such documents by the production
number ascribed to them at the time of production.

14.

Any person receiving Protected Information shall not reveal or discuss such information
with any person not entitled to receive such information under the terms hereof.

15.

Any Discovery Material that may contain Protected Information that has been inadvertently
produced without identification as to its protected nature as provided in Paragraphs 2 and/or
12 of this Stipulation, may be so designated by the Party asserting the confidentiality
designation by written notice to the undersigned counsel for the Receiving Party
identifying the Discovery Material as “Confidential” within a reasonable time following
the discovery that the document or information has been produced without such
designation.

16.

Extracts and summaries of Protected Information shall also be treated as Confidential in
accordance with the provisions of this Stipulation.

17.

The inadvertent production or disclosure of Protected Information when followed by notice
as provided by Paragraph 15, shall in no way constitute a waiver of each Party’s right to
object to the production or disclosure of other information in this Litigation or in any other
action.

18.

A Producing Party’s inadvertent disclosure in connection with this Litigation of one or
more documents that such Producing Party believes constitute, contain or reflect
information otherwise protected by the attorney-client privilege, the common interest
8

JOINT STIPULATION AND CONFIDENTIALITY AND PROTECTIVE ORDER, Case No. 1:19-cv-7802-KPF

Case 1:19-cv-07802-KPF Document 64 Filed 01/10/22 Page 9 of 16

privilege, the work product doctrine, the bank examination privilege, or any other privilege
or immunity from discovery (“Privileged Documents”), shall not constitute a waiver with
respect to such Privileged Documents or generally of such privilege or immunity. If a
Receiving Party receives materials that appear to be subject to an attorney-client privilege,
the common interest privilege, the work product doctrine, the bank examination privilege,
or otherwise protected by a discovery privilege or immunity, the Receiving Party must
refrain from further use or examination of the materials that may be privileged, and shall
immediately notify the Producing Party, in writing, that he or she possesses material that
appears to be privileged. In the event a Producing Party discovers it has inadvertently
disclosed Privileged Documents, the Producing Party may provide notice to the other
Parties advising of the disclosure and requesting return or destruction of the Privileged
Documents. Upon such notice, the Receiving Party shall make no further use or
examination of the Privileged Documents and shall immediately segregate them in a
manner that will prevent further disclosure or dissemination of their contents, and, within
ten (l0) days of receiving such notice of inadvertent production of Privileged Documents,
the Receiving Party shall destroy or return all original documents identified by the
Producing Party in such notice (whether electronic or hard copy), shall destroy or delete
any and all copies (whether electronic or hard copy), and shall expunge from any other
document, information or material derived from the inadvertently produced Privileged
Documents. To the extent the Receiving Party provided any disclosed Privileged
Documents to any other person or non-party, the Receiving Party shall promptly make
reasonable efforts to retrieve and destroy such Privileged Documents and notify the
Producing Party that it has done so.
9

JOINT STIPULATION AND CONFIDENTIALITY AND PROTECTIVE ORDER, Case No. 1:19-cv-7802-KPF

Case 1:19-cv-07802-KPF Document 64 Filed 01/10/22 Page 10 of 16

19.

If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed Protected
Information it has received from a Producing Party to any person or in any circumstance
not authorized under this Order, the Receiving Party must promptly, after discovery of the
disclosure, (a) notify the relevant Producing Party of the unauthorized disclosure(s) in
writing, (b) make reasonable efforts to retrieve all copies of the Discovery Material
containing Protected Information from the person or persons to whom unauthorized
disclosures were made (the “Unauthorized Recipient(s)”), (c) inform the Unauthorized
Recipient(s) of all the terms of this Stipulation, and (d) request the Unauthorized
Recipient(s) to execute the undertaking attached hereto as Exhibit A.

20.

The Parties agree that they may not have an adequate remedy at law in the event that a
court of competent jurisdiction determines that there is an actual or threatened breach of
this Stipulation by either Party and agree that, under such circumstances, the Parties may
be entitled to specific performance and/or injunctive relief to enforce the terms hereof, in
addition to any remedy to which they may be entitled at law or in equity.

21.

The provisions of this Stipulation shall be binding upon the Parties. All modifications of,
waivers of and amendments to this Stipulation must be in writing and signed by, or on
behalf of, the Parties.

22.

This Stipulation is entered into without prejudice to the right of either Party to seek relief
from, or modification of, this Stipulation or any provisions thereof by properly noticed
motion to the Court or to challenge any designation of confidentiality as inappropriate
under the Federal Rules of Civil Procedure or other applicable law.

23.

This Stipulation may be changed by further order of this Court, and without prejudice to
the rights of a Party to move for relief from any of its provisions, or to seek or agree to
10

JOINT STIPULATION AND CONFIDENTIALITY AND PROTECTIVE ORDER, Case No. 1:19-cv-7802-KPF

Case 1:19-cv-07802-KPF Document 64 Filed 01/10/22 Page 11 of 16

different or additional protection for any particular material or information.
24.

This Stipulation has no effect upon, and shall not apply to, the Parties’ use of their own
Discovery Material for any purpose. Nothing herein shall impose any restrictions on the
use or disclosure by a Party of documents, materials, or information designated as Protected
Information that has been generated or obtained lawfully by such Party independently of
the proceedings in this Litigation.

25.

In the event that additional Parties join or are joined in this Litigation, they shall not have
access to Protected Information until the newly joined Party, by its counsel, has executed
and filed with the Court its agreement to be fully bound by this Stipulation.

26.

The Parties agree to be bound by the terms of this Stipulation pending the entry by the
Court of this Stipulation, and any violation of its terms shall be subject to the same penalties
and sanctions, as if this Stipulation had been entered by the Court.

27.

If any Receiving Party is subpoenaed in any other action or proceeding, is served with a
document demand or is otherwise compelled by law to produce documents (collectively, a
“Demand”), and such Demand seeks Discovery Material that was produced or designated
as Protected Information, or that reflects or contains Protected Information, by someone
other than the Receiving Party, the Receiving Party shall give prompt written notice by
hand or electronic or facsimile transmission, within ten (10) business days of receipt of
such Demand, to the Party or its counsel who produced or designated the material as
Protected Information. The Receiving Party shall not produce any of the Producing Party’s
Protected Information, unless court-ordered or otherwise required by law, for a period of
at least ten (10) days after providing the required notice to the Producing Party. If, within
ten (10) days of receiving such notice, the Producing Party gives notice to the Receiving
11

JOINT STIPULATION AND CONFIDENTIALITY AND PROTECTIVE ORDER, Case No. 1:19-cv-7802-KPF

Case 1:19-cv-07802-KPF Document 64 Filed 01/10/22 Page 12 of 16

Party that the Producing Party opposes production of its Protected Information, the
Receiving Party shall respond by citing this Stipulation, and not thereafter produce such
Protected Information, except as required by law. The Producing Party shall be solely
responsible for pursuing any objection to the requested production. Nothing herein shall be
construed as requiring the Receiving Party or anyone else covered by this Stipulation to
challenge or appeal any order requiring production of Protected Information covered by
this Stipulation, or to subject itself to any penalties for non-compliance with any legal
process or order, or to seek any relief from this Court. In the event that Protected
Information is produced to a non-party to this Stipulation in response to a Demand, such
Discovery Material shall continue to be treated in accordance with the designation as
Confidential by the Parties to this Stipulation.
28.

To the extent a Receiving Party is required to disclose Protected Information produced in
the Litigation, without a subpoena or other form of legal process, by a regulatory or
supervisory agency exercising its visitorial powers pursuant to 12 U.S.C. § 484 and/or 12
C.F.R. § 7.4000 (“Regulatory Demand”) and compliance with the Regulatory Demand
renders the Party unable to comply with Paragraph 28 hereof, the Party may comply with
the Regulatory Demand and shall give prompt written notice by hand or electronic or
facsimile transmission as soon as is practicable following receipt of the Regulatory
Demand and no later than the time at which the Party produces the Receiving Party’s
Protected Information in response to the Regulatory Demand.

29.

Nothing herein shall prevent any Receiving Party from disclosing Protected Information
(a) to the extent necessary to report to appropriate taxing authorities, or to the accountants
or independent public auditors of the Receiving Party in confidence, as and only to the
12

JOINT STIPULATION AND CONFIDENTIALITY AND PROTECTIVE ORDER, Case No. 1:19-cv-7802-KPF

Case 1:19-cv-07802-KPF Document 64 Filed 01/10/22 Page 13 of 16

extent required to perform auditing or tax accounting work; and (b) to the extent necessary
for purposes of financial reporting, including SEC and regulatory filings, and other
regulatory requests.
30.

For the avoidance of doubt, nothing herein shall preclude counsel from giving advice to
his or her client in this Litigation that includes a general evaluation of Protected
Information, provided that counsel shall not disclose the contents of any Protected
Information in violation of the terms of this Stipulation.

31.

Any Party, in conducting discovery from non-parties in connection with the Litigation,
must provide any non-party from which it seeks discovery with a copy of this Order so as
to inform each such non-party of his, her or its rights herein. If a non-party provides
discovery to any Party in connection with the Litigation, the provisions of this Order shall
apply to such discovery as if such discovery were being provided by a Party. Under such
circumstances, the non-party shall have the same rights and obligations under the Order as
held by the Parties. For the avoidance of doubt, non-parties may designate Discovery
Material as Confidential Information pursuant to Paragraphs 3(a) and 3(b) as set forth
herein.

32.

This Stipulation shall continue to be binding after the conclusion of this Litigation except
(a) that there shall be no restriction on documents that are used as exhibits in Court (unless
such exhibits were filed under seal and never unsealed); and (b) that a Party may seek the
written permission of the Producing Party or further order of the Court with respect to
dissolution or modification of the Stipulation.

33.

Nothing herein shall be deemed to waive any privilege recognized by law or shall be
deemed an admission as to the admissibility in evidence of any facts or documents revealed
13

JOINT STIPULATION AND CONFIDENTIALITY AND PROTECTIVE ORDER, Case No. 1:19-cv-7802-KPF

Case 1:19-cv-07802-KPF Document 64 Filed 01/10/22 Page 14 of 16

in the course of disclosure.
34.

Within one hundred eighty (180) days after the final termination of this Litigation by
settlement (including, to the extent applicable, final court approval of such settlement) or
exhaustion of all appeals, all Protected Information produced or designated and all
reproductions thereof, shall be returned to the Producing Party or shall be destroyed, at the
option of the Producing Party, which option shall be communicated in writing to the
Receiving Party promptly. In the event that any Producing Party opts for destruction of its
Protected Information, the Receiving Party shall certify, in writing, within one hundred
eighty (180) days of the final termination of this Litigation that it has undertaken its best
efforts to destroy such physical objects and documents, and that such physical objects and
documents have been destroyed to the best of its knowledge. These best efforts need not
include destroying Protected Information residing on back-up tapes or other disaster
recovery systems. Notwithstanding anything to the contrary, counsel of record for the
Parties may retain copies of documents constituting work product, reports, pleadings,
motion papers, discovery responses, deposition and trial transcripts, and deposition and
trial exhibits. This Stipulation shall not be interpreted in a manner that would violate any
applicable canons of ethics or codes of professional responsibility. Nothing in this
Stipulation shall prohibit or interfere with the ability of counsel for any Party, or of experts
specially retained for this case, to represent any individual, corporation, or other entity
adverse to any Party or its affiliate(s) in connection with any other matters. For the
avoidance of doubt, experts, third-party vendors, and consultants who have received
Protected Information shall also be required to return or destroy such Protected Information
pursuant to the terms of this paragraph.
14

JOINT STIPULATION AND CONFIDENTIALITY AND PROTECTIVE ORDER, Case No. 1:19-cv-7802-KPF

Case 1:19-cv-07802-KPF Document 64 Filed 01/10/22 Page 15 of 16

35.

All Discovery Material shall be used solely for the purpose of conducting this Litigation
and not for any other purpose whatsoever.

36.

Except as specifically provided herein, the terms, conditions, and limitations of this Order
shall survive the termination of this Litigation.

37.

During the pendency of this Litigation, the Court shall retain jurisdiction over this Order,
and persons who receive Discovery Material that has been designated “Confidential” shall
be subject to this Order, including any proceedings relating to their performance under, or
compliance with, this Order.

Dated: January 10 2022
__,

BERGESON LLP

By:

/s/ Lloyd Winawer
Lloyd Winawer

Attorneys for Defendants JERRY C. MOYES and VICKIE
MOYES
Dated: January 10 2022
__,

MIRIAM TAUBER LAW PLLC

By:
Miriam Tauber
Attorneys for Plaintiff MARK RUBENSTEIN

15

JOINT STIPULATION AND CONFIDENTIALITY AND PROTECTIVE ORDER, Case No. 1:19-cv-7802-KPF

Case 1:19-cv-07802-KPF Document 64 Filed 01/10/22 Page 16 of 16

This confidentiality agreement does not bind the Court or any of its
personnel. The Court can modify this stipulation at any time. The Court
will retain jurisdiction over the terms and conditions of this agreement
only for the pendency of this litigation. Any party wishing to make
redacted or sealed submissions shall comply with Rule 9 of this Court's
Individual Rules of Civil Procedure.

Dated:

January 10, 2022
New York, New York

SO ORDERED.

HON. KATHERINE POLK FAILLA
UNITED STATES DISTRICT JUDGE