Guardit Technologies, LLC et al v. Empire IP LLC et al

Filing 61

PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material... (Signed by Judge Margaret M. Garnett on 3/27/2024) (mml)

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 protected portion in a manner that will not interfere with legibility
or audibility, and by also producing for future public use another copy of said Discovery
Material with the confidential information redacted. 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 information, in which case the
transcript of the designated testimony shall be bound in a separate volume and marked
“Confidential Information Governed by Protective Order” by the reporter.

4.

If at any time prior to the trial of this action, a producing person realizes that some
portion(s) of Discovery Material that that person previously produced without
limitation should be designated as Confidential, he or she may so designate by so
apprising all parties in writing, and such designated portion(s) of the Discovery
Material will thereafter be treated as Confidential under the terms of this Order.

5.

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, except to:
a. the parties to this action;
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 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 Non-Disclosure Agreement in the form annexed as an Exhibit
hereto;
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 annexed as an Exhibit hereto;
f. stenographers engaged to transcribe depositions conducted in this action;
and
g. the Court and its support personnel.

6.

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 and kept under seal until further order of the Court.
The parties will use their best efforts to minimize such sealing. In any event, any party
filing a motion or any other papers with the Court under seal shall also publicly file a
redacted copy of the same, via the Court’s Electronic Case Filing system, that redacts
only the Confidential Discovery Material itself, and not text that in no material way
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reveals the Confidential Discovery Material.
7.

Any party who either objects to any designation of confidentiality, or who, by
contrast, requests still 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 agreement cannot be reached promptly, counsel
for all affected persons will address their dispute to this Court in accordance with this
Court’s Individual Rules & Practices in Civil Cases.

8.

All persons are hereby placed on notice that the Court is unlikely to seal or otherwise
afford confidential treatment to any Discovery Material introduced in evidence at
trial, even if such material has previously been sealed or designated as Confidential.
The Court also retains unfettered discretion whether to afford confidential treatment
to any Confidential document or information contained in any Confidential
document submitted to the Court in connection with any motion, application, or
proceeding that may result in an order and/or decision by 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.

10.

If, in connection with this litigation, a party inadvertently discloses information
subject to a claim of attorney-client privilege or attorney-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
not thereafter review the Inadvertently Disclosed Information for any purpose, except
by order of the Court. 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.

12.

Within five business days of the notification that such Inadvertently Disclosed
Information has been returned or destroyed, the disclosing party shall produce a
privilege log with respect to the Inadvertently Disclosed Information.

13.

As with any information redacted or withheld, the receiving party may seek an order
from the Court compelling production of the Inadvertently Disclosed Information.
The receiving party shall not assert as a ground for entering such an Order the fact
or circumstances of the inadvertent production.

14.

The disclosing party retains the burden of establishing the privileged or protected
nature of any information. Nothing in this Order shall limit the right of any party to
request an in camera review of the Inadvertently Disclosed Information.

15.

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,” and all copies thereof, shall be promptly returned to the producing
person, or, upon permission of the producing person, destroyed.
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UNITED STATES DISTRICT COURT SOUTHERN
DISTRICT OF NEW YORK

_____-CV-______ (MMG)
Plaintiff(s),

NON-DISCLOSURE
AGREEMENT

v.

Defendant(s).

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. I agree that I will not disclose such Confidential
Discovery Material 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 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: