Vale International S.A. et al

Filing 69

STIPULATION AND PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material... (Signed by Magistrate Judge Ona T. Wang on 10/7/2020) (rro)

Case 1:20-mc-00199-JGK-OTW Document 69 Filed 10/07/20 Page 1 of 6

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

: No. 1:20-mc-00199-JGK (OTW)
:
: STIPULATION AND PROPOSED
: PROTECTIVE ORDER
:
:
:
:

-------------------------------------------------------------x
WHEREAS, the Parties having agreed to the following terms of confidentiality, and this
Court (the “Court”) having found that good cause exists for the issuance of an appropriately
tailored confidentiality order pursuant to Rule 26(c) of the Federal Rules of Civil Procedure, it
is hereby
ORDERED that the following restrictions and procedures shall apply to the information and
documents exchanged by the parties in connection with the above captioned proceeding:
1.

Counsel for any party may designate any document or information, in whole or in
part, as confidential if counsel determines, in good faith, that such designation is
necessary to protect the interests of the client in information that is proprietary, a
trade secret or otherwise sensitive non-public information. Information and
documents designated by a party as confidential will be stamped
“CONFIDENTIAL.”

2.

The Confidential Information disclosed will be held and used by the person
receiving such information solely for use in connection with Vale S.A. &
Others v. Steinmetz & Others, No. CL-2019-000723 (the “English
Proceeding”), currently proceeding in the High Court of Justice – Business
and Property Courts of England and Wales (the “English High Court”).

3.

In the event a party challenges another party’s designation of confidentiality,
counsel shall make a good faith effort to resolve the dispute through a meet and
confer process. In the absence of a mutually-agreed resolution within three (3)
business days of the meet and confer between counsel, the challenging party may
seek resolution by this Court.

4.

Nothing in this Protective Order constitutes an admission by any party that
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Confidential Information disclosed in this case is relevant or admissible in this
case, the English Proceeding or in any other action in any other forum. Each party
reserves the right to object to the use or admissibility of the Confidential
Information in the English Proceeding.
5.

The parties should meet and confer if any production requires a designation of
“For Attorneys’ or Experts’ Eyes Only.” All other documents designated as
“CONFIDENTIAL” shall not be disclosed to any person, except:
a. The requesting party and counsel, including barristers and in-house counsel;
b. Employees of such counsel assigned to and necessary to assist in this
case or the English Proceeding;
c. Consultants or experts assisting in the prosecution or defense of the
English Proceeding, to the extent deemed necessary by counsel;
d. Any party to the English Proceeding; and
e. The Court (including the mediator, or other person having access to
any Confidential Information by virtue of his or her position with the
Court) or the English High Court.

6.

With respect to each person to whom disclosure of Confidential
Information is authorized by paragraph 5.c, before disclosing or displaying
the Confidential Information to each such person, counsel must:
a. Inform the person of the confidential nature of the information or
documents;
b. Inform the person that this Court has enjoined the use of the
information or documents by him/her for any purpose other than this
litigation and has enjoined the disclosure of the information or
documents to any other person; and
c. Require each such person to sign an agreement to be bound by this
Order in the form attached hereto.

7.

The disclosure of a document or information without designating it as
“CONFIDENTIAL” shall not constitute a waiver of the right to designate such
document or information as Confidential Information. If so designated, the
document or information shall thenceforth be treated as Confidential Information
subject to all the terms of this Stipulation and Order.

8.

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
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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.
9.

Any Personally Identifying Information (“PII”) (e.g., social security numbers,
financial account numbers, passwords, and information that may be used for
identity theft) exchanged in discovery shall be maintained by the receiving party
in a manner that is secure and confidential.

10.

Pursuant to Federal Rule of Evidence 502, inadvertent disclosure of privileged
communications shall not constitute a waiver of the privilege in this matter or
in the English Proceeding, provided the parties follow the steps set forth in
Rule 502.

11.

If any party plans to file any information designated as CONFIDENTIAL in the
English Proceeding, it shall inform the producing party of the filing within one (1)
business day. The parties shall follow the English High Court’s procedures with
respect to filings under seal.

12.

At the conclusion of the English Proceeding, Confidential Information and any
copies thereof shall be promptly (and in no event later than 30 days after entry of
final judgment no longer subject to further appeal) returned to the producing party
or certified as destroyed, except that the parties’ counsel shall be permitted to
retain their working files on the condition that those files will remain protected.
For these purposes the English Proceeding shall be deemed concluded upon: (i) a
full and final settlement of the English Proceeding, (ii) the payment in full or
collection in full of any judgment in Vale’s favor, or (iii) a final, non-appealable
judgment dismissing Vale’s claims in full.

[Remainder of Page Intentionally Left Blank]

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Case 1:20-mc-00199-JGK-OTW Document 69 Filed 10/07/20 Page 4 of 6

SO STIPULATED AND AGREED.
Dated: October 6, 2020
/s/ Jeffrey A. Rosenthal
Jeffrey A. Rosenthal
[e-mail]
Lisa M. Schweitzer
[e-mail]
Lisa Vicens
[e-mail]
CLEARY GOTTLIEB STEEN & HAMILTON
LLP
One Liberty Plaza
New York, New York 10006
T: 212-225-2000
F: 212-225-3999

/s/ Robert J. Cleary
Robert J. Cleary
William C. Komaroff
Seth D. Fiur
PROSKAUER ROSE LLP
Eleven Times Square
New York, New York 10036
[phone]
[e-mail]
[e-mail]
[e-mail]
Attorneys for Perfectus Real Estate Corporation
and Tarpley Belnord Corporation

Counsel for Vale S.A., Vale Holdings B.V., and
Vale International S.A.
BRYAN CAVE LEIGHTON PAISNER LLP
/s/ Jennifer Selendy
SELENDY & GAY PLLC
Jennifer M. Selendy
Vivek Tata
1290 Avenue of the Americas
New York, NY 10104
212-390-9000
[e-mail]
[e-mail]

By:

/s/ Matias Gallego-Manzano
Matias Gallego-Manzano
[e-mail]
1290 Avenue of the Americas
New York, New York 10104
[phone]

Attorneys for Respondents Bryan Cave Leighton
Paisner and Kenneth L.Henderson

Attorneys for Fine Arts

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Case 1:20-mc-00199-JGK-OTW Document 69 Filed 10/07/20 Page 5 of 6

By:

/s/ Alvin C. Lin
Alvin C. Lin

MCDERMOTT WILL & EMERY LLP
By:

MORRISON COHEN LLP
909 Third Avenue
New York, New York 10022
Phone: [phone]
Facsimile: [phone]
E-mail: [e-mail]

/s/ Andrew B. Kratenstein
Andrew B. Kratenstein
Monica S. Asher

340 Madison Avenue
New York, New York 10173
T: [phone]
F: [phone]
[e-mail]
[e-mail]

Attorneys for Non-Parties HFZ Affiliated
Parties

Attorneys for RFR Holding LLC, RFR Realty
LLC, R&S Chrysler LLC, and Aby Rosen

SO ORDERED.

Ona T. Wang
United States Magistrate Judge
Dated:

10/7/20
New York, NY

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Case 1:20-mc-00199-JGK-OTW Document 69 Filed 10/07/20 Page 6 of 6

Agreement

I have been informed by counsel that certain documents or information to be
disclosed to me in connection with the matter entitled In re Application of Vale S.A.,
Vale Holdings B.V., and Vale International S.A. for an Order Pursuant to 28 U.S.C.
§ 1782 to Conduct Discovery for Use in Foreign Proceedings, have been designated as
confidential. I have been informed that any such documents or information labeled
“CONFIDENTIAL” are confidential by Order of the Court.
I hereby agree that I will not disclose any information contained in such documents to
any other person. I further agree not to use any such information for any purpose other than
the English Proceeding.
DATED:

Signed in the presence of:

(Attorney)

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