Vale International S.A. et al

Filing 67

ORDER: The Court has reviewed the parties' joint letter and proposed protective order at ECF 64. Regarding the dispute over paragraph 8 of the proposed order, the parties are directed to consider the following language, which has bee n taken verbatim from the Hon. Lewis J. Liman's Model Protective Order; as set forth herein. By October 7, 2020, Parties are further directed to submit a joint letter informing the Court whether they will accept the proposed langu age above. If not accepted, Applicants as well as Respondents are directed to submit updated proposed language in their joint letter, and explain to the Court why their proposed language is better than Judge Liman's. (Signed by Magistrate Judge Ona T. Wang on 9/24/2020) (mro)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
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In re Application of Vale S.A., Vale Holdings
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B.V., and Vale International S.A. for an
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Order Pursuant to 28 U.S.C. § 1782 to
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Conduct Discovery for Use in Foreign
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Proceedings
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20-MC-199 (JGK) (OTW)
ORDER

ONA T. WANG, United States Magistrate Judge:
The Court has reviewed the parties’ joint letter and proposed protective order at ECF 64.
Regarding the dispute over paragraph 8 of the proposed order, the parties are directed to
consider the following language, which has been taken verbatim from the Hon. Lewis J. Liman’s
Model Protective Order:
Nothing in this Protective Order will prevent any person subject to it from producing any
Confidential Discovery Material in its possession in response to a lawful subpoena or
other compulsory process, or if required to produce by law or by any government
agency having jurisdiction, provided, however, that such person receiving a request, will
provide written notice to the producing person before disclosure and as soon as
reasonably possible, and, if permitted by the time allowed under the request, at least 10
days before any disclosure. Upon receiving such notice, the producing person will have
the right to oppose compliance with the subpoena, other compulsory process, or other
legal notice if the producing person deems it appropriate to do so.
By October 7, 2020, Parties are further directed to submit a joint letter informing the Court
whether they will accept the proposed language above. If not accepted, Applicants as well as
Respondents are directed to submit updated proposed language in their joint letter, and

explain to the Court why their proposed language is better than Judge Liman’s.

SO ORDERED.

Dated: September 24, 2020
New York, New York

s/ Ona T. Wang
Ona T. Wang
United States Magistrate Judge