David Yurman Enterprises LLC et al v. Mejuri, Inc. et al

Filing 32

STIPULATION AND PROTECTIVE ORDER re: STIPULATED PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material... This stipulation binds the parties to treat as confidential the documents so class ified. The Court makes no finding as to whether the documents are confidential. Moreover, the Court does not endorse any provision which purports to authorize the parties to file documents under seal without a prior court order. Rather, the parti es shall comply with Rule 5.A. of this Court's Individual Rules & Practices in Civil Cases when seeking to file materials covered by this stipulation under seal or in redacted form. SO ORDERED this 19th day of September, 2022. (Signed by Judge Ronnie Abrams on 9/19/2022) (vfr)

Case 1:21-cv-10821-RA Document 32
31 Filed 09/19/22
09/14/22 Page 1 of 25

UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF NEW YORK

DAVID YURMAN ENTERPRISES LLC,
DAVID YURMAN IP LLC, AND
YURMAN RETAIL NORTH AMERICA
LLC,

No. 1:21-cv-10821 (RA)

Plaintiffs,
[PROPOSED] STIPULATION AND
PROTECTIVE ORDER

v.
MEJURI INC. and MEJURI (US), INC.,
Defendants.

[PROPOSED] STIPULATED PROTECTIVE ORDER
WHEREAS, Plaintiffs David Yurman Enterprises LLC, David Yurman IP LLC,
and Yurman Retail North America LLC (together with their subsidiaries and affiliates,
“Yurman”) and Defendants Mejuri Inc. and Mejuri (US), Inc. (collectively, “Mejuri” or
“Defendants”) (together, the “Parties,” each a “Party”), expect discovery in the abovecaptioned action, including any appeals therefrom (this “Litigation”), to encompass
certain information that may constitute proprietary, confidential, commercially sensitive,
trade secrets and/or other confidential research, development, business or commercial
information.
WHEREAS, the disclosure or dissemination of such information, in an
unprotected manner, may cause substantial harm to Plaintiffs, Defendants and/or

1

Case 1:21-cv-10821-RA Document 32
31 Filed 09/19/22
09/14/22 Page 2 of 25

nonparties, including loss of competitive advantage, loss of existing business and loss of
business opportunities.
IT IS HEREBY STIPULATED AND AGREED, by and among the Parties hereto
through their undersigned counsel, pursuant to Rule 26(c) of the Federal Rules of Civil
Procedure and subject to the approval of the Court, that this Stipulated Protective Order
(“Protective Order” or “Order”) will govern the handling of documents, depositions,
deposition transcripts, deposition exhibits, interrogatory responses, admissions and any
other information produced, given or exchanged by and among all Parties and non-parties
to the Litigation (including all copies, abstracts, digests, notes and summaries thereof, as
well as any and all information contained therein or derived therefrom) in connection
with the Litigation (such information is referred to herein as “Protected Material”):
1.

Definitions. The following definitions shall apply to this Stipulation and
Protective Order:
a.

“Confidential Information” shall mean Protected Material

designated as CONFIDENTIAL under the terms of Paragraph 2 of this Protective
Order, and the sum, substance and/or contents of such documents, materials and
information, and any copies, drafts, excerpts, notes, memoranda and summaries
thereof or relating thereto.
b.

“Disclosure” and “disclosed” as used in this Protective Order

include, without limitation, allowing or failing to take reasonable steps to prevent:
(1) visual inspection of designated Protected Material (or any summary,
description, abstract or index thereof) by an individual not authorized under this
2

Case 1:21-cv-10821-RA Document 32
31 Filed 09/19/22
09/14/22 Page 3 of 25

Protective Order or (2) any communication disclosing the substance of designated
Protected Material or the specific terms detailed therein (or any summary,
description, abstract or index thereof) to an individual not authorized under this
Protective Order. The Parties agree, however, that nothing herein shall prevent
the Parties’ counsel from giving legal advice to their respective clients based on
Protected Materials covered by this Protective Order.
c.

“Documents” means all written, recorded, transcribed, electronic,

digitized, computerized or graphic material, produced by any Party, (whether by
agreement or otherwise), including any copies, abstracts, digests and summaries
thereof.
d.

“Highly Confidential Information” shall mean Protected Material

designated as HIGHLY CONFIDENTIAL– ATTORNEY’S EYES ONLY under
the terms of Paragraph 3 of this Protective Order, and the sum, substance and/or
contents of such documents, materials and information, and any copies, drafts,
excerpts, notes, memoranda and summaries thereof or relating thereto.
e.

“Producing Party” shall mean any Party to this Litigation or any

third party, including its counsel, retained experts, directors, officers, employees,
or agents, that produces any material in connection with this Litigation.
f.

“Receiving Party” shall mean any Party to this Litigation that

receives material from a Producing Party in connection with this Litigation.
2.

Designation of Protected Materials as CONFIDENTIAL.

3

Case 1:21-cv-10821-RA Document 32
31 Filed 09/19/22
09/14/22 Page 4 of 25

a.

A Producing Party may designate the Protected Material, or any

part thereof, as CONFIDENTIAL by stamping each page containing such matter
with “CONFIDENTIAL INFORMATION SUBJECT TO PROTECTIVE
ORDER.” Only Documents and information that the Producing Party believes in
good faith embodies, contains, reflects, or refers to non-public or confidential
personal, business, strategic, proprietary or commercially sensitive information
(including, but not limited to, proprietary, non-public business information
relating to past, current or future financial or business performance, development
plans, internal strategy or internal planning processes) not appropriate for public
disclosure under Rule 26(c) of the Federal Rules of Civil Procedure shall be
designated as CONFIDENTIAL. Nothing in this Protective Order shall be
construed to limit how a Producing Party may maintain or disclose its own
Confidential Information.”
b.

Unless otherwise ordered by the Court, Confidential Information

shall be maintained in confidence solely for use in connection with this Litigation
and shall not be used in any way for any other purpose, including any business
purpose, and such materials shall not be disclosed to any person except:
i.

subject to paragraph 10 of this Protective Order, an officer,

director or any other senior executive employee of a named Party, as well
as any employee that is identified as a witness or potential witness, to the
extent that such person has a need to review the Confidential Information
in connection with the prosecution or defense of this Litigation and to the
4

Case 1:21-cv-10821-RA Document 32
31 Filed 09/19/22
09/14/22 Page 5 of 25

extent that such person is informed of his or her obligations under this
Protective Order;
ii.

outside counsel of record for the Parties in this Litigation,

and the partners, associates, paralegals, secretaries, clerical, and regular
and temporary employees who are assisting with the Litigation for use in
accordance with this Protective Order;
iii.

subject to paragraph 7 of this Protective Order, an expert or

consultant assisting counsel for the Parties, and the partners, associates,
paralegals, secretaries, clerical, regular and temporary employees and
service vendors of such experts or consultants (including outside copying
services and outside litigation support services) who are assisting with the
Litigation;
iv.

during deposition, any witness: (i) whom the examining

attorney has a good faith basis to believe has previously seen or has
knowledge of the Confidential Information under circumstances not
amounting to a violation of this Order; (ii) who is a current director,
officer, employee, and/or agent of the Producing Party; (iii) or such other
persons as the Parties may designate in writing by stipulation or orally
agree on the record at a deposition or hearing in this Litigation;
v.

any person indicated on the face of a document or

accompanying covering letter, email, or other communication to be the

5

Case 1:21-cv-10821-RA Document 32
31 Filed 09/19/22
09/14/22 Page 6 of 25

author, addressee, or an actual or intended recipient of the document, or, in
the case of meeting minutes, an attendee of the meeting;
vi.

the Court (including the jury in this Litigation) and its legal,

clerical, secretarial and other supporting staff and assistants, including a
stenographic reporter or certified videotape operator engaged in such
proceedings, who are a necessary incident to trial of this Litigation and/or
preparation of this Litigation for trial;
vii.

any mediator agreed upon by the Parties or ordered by the

Court, and persons employed by the mediator;
viii.

Independent litigation support services, including outside

copying/imaging services, outside litigation support services, electronic
discovery vendors, vendors engaged to prepare graphic or visual aids, jury
or trial consulting services, and mock jurors retained by counsel and
reasonably necessary to assist counsel with the Litigation;
ix.

any other person only upon (i) order of the Court entered

upon notice to the Parties, or (ii) written stipulation of, or statement on the
record by, the Producing Party who provided the Protected Material being
disclosed, provided that such person signs an undertaking in the form
attached as Exhibit A hereto.
3.

Designation of Protected Material as HIGHLY CONFIDENTIAL –
ATTORNEY’S EYES ONLY.

6

Case 1:21-cv-10821-RA Document 32
31 Filed 09/19/22
09/14/22 Page 7 of 25

a.

Protected Material designated as CONFIDENTIAL in accordance

with this Protective Order may be further designated as HIGHLY
CONFIDENTIAL – ATTORNEY’S EYES ONLY if such materials contain trade
secrets or highly sensitive business information that has not been made publicly
available and that counsel of record believes in good faith that producing would
create a risk of harm to personal, commercial, financial, strategic or business
interests of the Producing Party or its employees, customers or clients or would
put the Producing Party at a material competitive disadvantage if such
information were disclosed to officers and employees of the Party to which such
information is produced. Nothing in this Protective Order shall be construed to
limit how a Producing Party may maintain or disclose its own Highly Confidential
Information.
b.

Any Party may designate Protected Material or any portions

thereof as HIGHLY CONFIDENTIAL – ATTORNEY’S EYES ONLY by
stamping each page containing such matter with “HIGHLY CONFIDENTIAL –
ATTORNEY’S EYES ONLY – SUBJECT TO PROTECTIVE ORDER.”
c.

Unless otherwise ordered by the Court, Highly Confidential

Information shall be maintained in confidence solely for use in connection with
this Litigation and shall not be used in any way for any other purpose, including
any business purpose, and such materials shall not be disclosed to any person
except those individuals identified in sections: 2(b)(ii)–(ix) above.

7

Case 1:21-cv-10821-RA Document 32
31 Filed 09/19/22
09/14/22 Page 8 of 25

4.

Designation of Deposition Transcripts or Other Pre-Trial Testimony. Depositions
or other pretrial testimony may be designated as Confidential Information or
Highly Confidential Information in the following manner: by (i) a statement on
the record, by counsel, that certain information or testimony is Confidential
Information or Highly Confidential Information, or (ii) written notice, sent by
counsel to all Parties within thirty (30) business days of receipt of the final
transcript, stating that the entire deposition transcript or testimony, or portions
thereof, is so designated. All depositions and other pretrial testimony will be
deemed to be HIGHLY CONFIDENTIAL – ATTORNEY’S EYES ONLY until
the expiration of the thirtieth business day after counsel receive a copy of the final
transcript thereof, after which such deposition and other pretrial testimony will be
treated in accordance with its confidentiality designation, if any. Only those
portions of the transcripts or testimony designated as CONFIDENTIAL or
HIGHLY CONFIDENTIAL – ATTORNEY’S EYES ONLY in the Litigation will
be deemed CONFIDENTIAL material or HIGHLY CONFIDENTIAL –
ATTORNEY’S EYES ONLY material, respectively. The Parties may modify this
procedure for any particular deposition or other pre-trial testimony, through an
agreement on the record at such deposition or testimony, without further order of
the Court.

5.

Designation of Documents Produced by Non-Parties. The terms of this Protective
Order shall apply to materials produced in connection with this Litigation by a

8

Case 1:21-cv-10821-RA Document 32
31 Filed 09/19/22
09/14/22 Page 9 of 25

non-party and designated by the non-party as CONFIDENTIAL or HIGHLY
CONFIDENTIAL – ATTORNEY’S EYES ONLY.
6.

Use of Protected Materials In Court. Nothing contained in this Protective Order
shall prevent a Party from using Protected Material designated CONFIDENTIAL
or HIGHLY CONFIDENTIAL – ATTORNEY’S EYES ONLY, or from referring
to or reciting any information contained in such materials, in proceedings that are
part of this Litigation and before this Court, including motion papers, affidavits,
briefs or other papers and depositions filed with the Court, or at any hearing,
conference or trial before the Court. All material designated CONFIDENTIAL
and HIGHLY CONFIDENTIAL – ATTORNEY’S EYES ONLY filed with the
Court, and any pleading, motion paper, affidavit, deposition transcript, brief,
memorandum or other paper filed with the Court disclosing such material, shall
be identified as CONFIDENTIAL or HIGHLY CONFIDENTIAL –
ATTORNEY’S EYES ONLY, filed under seal and kept under seal until further
order of the Court. In the event of a filing under seal, Parties should publicly file
a redacted version of the submission to the extent practicable. This Protective
Order shall not be construed to prevent examination of any person as a witness at
trial or during deposition concerning any CONFIDENTIAL or HIGHLY
CONFIDENTIAL – ATTORNEY’S EYES ONLY Protected Material that such
person had lawfully received before or apart from the Litigation. Any Producing
Party and its directors, officers and employees may be examined at trial or during

9

Case 1:21-cv-10821-RA Document 32
31 Filed 09/19/22
09/14/22 Page 10 of 25

deposition regarding its own CONFIDENTIAL or HIGHLY CONFIDENTIAL –
ATTORNEY’S EYES ONLY Protected Material.
7.

Sharing Confidential and Highly Confidential – Attorney’s Eyes Only Protected
Materials with Experts and Consultants. CONFIDENTIAL and HIGHLY
CONFIDENTIAL – ATTORNEY’S EYES ONLY Protected Materials may be
disclosed to an expert or consultant only to the extent necessary for such expert or
consultant to prepare a written opinion, to prepare to testify or to assist counsel in
the prosecution or defense of this Litigation, provided that such expert or
consultant (i) is not currently an employee of, or advising or discussing
employment with, or consultant to, any adverse party of any Party to this
Litigation, as far as the expert or consultant can reasonably determine, and (ii) is
using said CONFIDENTIAL or HIGHLY CONFIDENTIAL – ATTORNEY’S
EYES ONLY Protected Material solely in connection with this Litigation; and
further provided that such expert or consultant, if provided access to HIGHLY
CONFIDENTIAL – ATTORNEY’S EYES ONLY Protected Material, agrees to
be bound by the terms of this Protective Order by signing an undertaking in the
form attached as Exhibit A hereto. Counsel for the Party showing, providing or
disclosing HIGHLY CONFIDENTIAL – ATTORNEY’S EYES ONLY Protected
Material to any person required to execute an undertaking pursuant to this
paragraph shall be responsible for obtaining such signed undertaking and
retaining the original, executed copy thereof.

10

Case 1:21-cv-10821-RA Document 32
31 Filed 09/19/22
09/14/22 Page 11 of 25

a.

Prior to a Receiving Party giving, showing, disclosing, making

available or communicating HIGHLY CONFIDENTIAL – ATTORNEY’S EYES
ONLY Protected Material to any expert or consultant, the Receiving Party shall
provide to the Producing Party a copy of the expert’s or consultant’s curriculum
vitae and a copy of the Undertaking in the form attached as Exhibit A, signed by
the proposed expert or consultant agreeing to be bound by the terms of this Order.
b.

The Producing Party shall be entitled to object to such disclosure

to the expert or consultant within five (5) business days after receipt of the
executed copy of Exhibit A. In the event an objection is made, counsel shall
make a good-faith effort to reach an agreement regarding the proposed disclosure.
If an agreement cannot be reached, the objecting party shall make an appropriate
motion to the Court within ten (10) business days of the failure to reach
agreement regarding the proposed disclosure. The burden shall be on the
objecting party to show the Court why the disclosure should not be made. If an
objection is made, no Protected Material shall be made available to the person at
issue unless and until the Court rules that disclosure is permitted.
8.

Additional Disclosures. The Parties may agree in writing or on the record,
without further order of this Court, to allow disclosure of CONFIDENTIAL or
HIGHLY CONFIDENTIAL – ATTORNEY’S EYES ONLY Protected Material
to an individual who otherwise would not be authorized to receive such Protected
Material.

11

Case 1:21-cv-10821-RA Document 32
31 Filed 09/19/22
09/14/22 Page 12 of 25

9.

Objections. Should any Party to whom Protected Materials are disclosed at any
time thereafter object to the designation of such information as CONFIDENTIAL
or HIGHLY CONFIDENTIAL – ATTORNEY’S EYES ONLY, it shall make its
objection known to the Producing Party in writing and request any change of
designation or redaction that is desired. The parties shall confer concerning such
objection within seven (7) calendar days. If a resolution is not achieved within
seven (7) calendar days after receipt of such written notice, then the objecting
party may submit the dispute to the Court for resolution. Upon submission of
such dispute to the Court, the Parties acknowledge that it is their intention that
issues concerning the confidentiality of any Documents or information disclosed
hereunder be determined under and pursuant to the Federal Rules of Civil
Procedure and the legal authorities applicable hereto as the same may then be in
effect. Until said dispute is resolved by the Court, the Documents or information
shall retain their designation as CONFIDENTIAL or HIGHLY CONFIDENTIAL
– ATTORNEY’S EYES ONLY and thereafter shall be designated as the Court
may direct, provided, that nothing contained herein shall be deemed to waive or
otherwise limit the right of any Party to appeal or seek review from the
determination by the Court of any such dispute. On any motion brought before
the Court by the objecting Party, the burden of proof and persuasion shall be on
the designating Party to demonstrate to the Court that the Documents or
information disclosed should be treated as CONFIDENTIAL or HIGHLY
CONFIDENTIAL – ATTORNEY’S EYES ONLY. If the Court orders that any
12

Case 1:21-cv-10821-RA Document 32
31 Filed 09/19/22
09/14/22 Page 13 of 25

Documents or information should not be so designated, said Documents or
information shall nevertheless continue to be treated as CONFIDENTIAL or
HIGHLY CONFIDENTIAL – ATTORNEY’S EYES ONLY, provided that the
Producing Party files an appeal or writ of mandamus from such Order within
seven (7) days, and such designation shall remain in effect until the final
determination of such appeal or writ of mandamus.
10.

Recipients of Protected Materials. No person receiving Protected Materials
designated CONFIDENTIAL or HIGHLY CONFIDENTIAL – ATTORNEY’S
EYES ONLY shall disclose such materials or any information contained therein
to any person who is not entitled to receive such materials under paragraphs 2 or 3.
Each person to whom Protected Materials designated CONFIDENTIAL or
HIGHLY CONFIDENTIAL – ATTORNEY’S EYES ONLY are disclosed
pursuant to this Order shall be advised that such information is being disclosed
pursuant to, and subject to the terms of, an order of the Court and that the
sanctions for any violations of the Order may include penalties which may be
imposed by the Court for contempt. Further, it shall be the responsibility of the
Party wishing to disclose Protected Materials designated CONFIDENTIAL or
HIGHLY CONFIDENTIAL – ATTORNEY’S EYES ONLY to any person
pursuant to paragraphs 2(b)(i), (iii), (ix) and 3(c) above to ensure that such person
executes an Undertaking in the form attached as Exhibit A hereto before gaining
access to any such material. Each Party shall maintain copies of such

13

Case 1:21-cv-10821-RA Document 32
31 Filed 09/19/22
09/14/22 Page 14 of 25

Undertakings and shall make such copies available to the other Party upon request
or order of the Court.
11.

Inadvertent Failure to Designate Protected Materials as Confidential or Highly
Confidential – Attorney’s Eyes Only. Inadvertent failure to designate Protected
Material as CONFIDENTIAL or HIGHLY CONFIDENTIAL – ATTORNEY’S
EYES ONLY shall not constitute a waiver of such claim and may be corrected. A
Producing Party may designate as CONFIDENTIAL or HIGHLY
CONFIDENTIAL – ATTORNEY’S EYES ONLY any Protected Material that
has already been produced, including Protected Material that the Producing Party
inadvertently failed to designate as CONFIDENTIAL or HIGHLY
CONFIDENTIAL – ATTORNEY’S EYES ONLY, by notifying, in writing, the
Party to whom the production has been made that the Protected Material
constitutes CONFIDENTIAL or HIGHLY CONFIDENTIAL – ATTORNEY’S
EYES ONLY Protected Material, as appropriate. Upon receiving such
supplemental notice, the Parties shall mark and treat the Protected Material as
CONFIDENTIAL or HIGHLY CONFIDENTIAL – ATTORNEY’S EYES
ONLY Protected Material, as appropriate, from the date of such supplemental
notification forward. The Party receiving such notice shall make a reasonable,
good-faith effort to ensure that any analyses, memoranda, notes or other such
materials generated based upon such newly designated information are
immediately treated as containing CONFIDENTIAL or HIGHLY
CONFIDENTIAL – ATTORNEY’S EYES ONLY Protected Material, as
14

Case 1:21-cv-10821-RA Document 32
31 Filed 09/19/22
09/14/22 Page 15 of 25

appropriate. In addition, upon receiving such supplemental written notice, any
receiving Party that disclosed the Protected Material prior to its designation as
CONFIDENTIAL or HIGHLY CONFIDENTIAL – ATTORNEY’S EYES
ONLY shall exercise its best efforts (i) to ensure the return or destruction of such
Protected Material in the possession of any persons not authorized to receive such
material under this Protective Order, (ii) to ensure that any Documents or other
information or materials derived from such Protected Material are treated as if the
Protected Material had been designated as CONFIDENTIAL or HIGHLY
CONFIDENTIAL – ATTORNEY’S EYES ONLY, as appropriate, when
originally produced, and (iii) to ensure that such Protected Material is not further
disclosed except in accordance with the terms of this Stipulation and Protective
Order.
12.

Inadvertent Disclosures. The Parties shall take all steps reasonably required to
protect the confidentiality of Documents produced in this action. In the event that
CONFIDENTIAL or HIGHLY CONFIDENTIAL – ATTORNEY’S EYES
ONLY Protected Material is inadvertently disclosed by the Receiving Party to any
unauthorized person or entity, such material shall not lose its confidentiality status
by reason of such inadvertent disclosure. The Party responsible for the disclosure
shall immediately inform the Producing Party of all pertinent facts relating to the
disclosure, including, if known, the name, address and employer of each person to
whom the disclosure was made. Without prejudice to the rights and remedies of
the Producing Party, the Party responsible for the disclosure shall also make
15

Case 1:21-cv-10821-RA Document 32
31 Filed 09/19/22
09/14/22 Page 16 of 25

reasonable efforts to retrieve the improperly disclosed CONFIDENTIAL or
HIGHLY CONFIDENTIAL – ATTORNEY’S EYES ONLY Protected Material
and to prevent further unauthorized disclosure on its own part and further
unauthorized use and disclosure of any material designated under this Order by
each unauthorized person who receives the information.
13.

Inadvertent Production of Privileged Material. If a Party has inadvertently
produced to another Party information that is subject to the attorney-client
privilege, the work product doctrine or any other applicable privilege or
protection from disclosure, the Receiving Party, upon request made promptly after
the Producing Party discovers such inadvertent production, shall promptly return
the information for which a claim of inadvertent production is made and destroy
all copies thereof. Inadvertent production by the Producing Party shall in no way
prejudice or otherwise constitute a waiver or estoppel as to any such privilege,
doctrine, right or immunity.
a.

If a Producing Party unintentionally or inadvertently discloses

information that it believes is protected, privileged or otherwise immune from
discovery, the Producing Party shall, within ten (10) business days upon
discovery of the disclosure, so advise the Receiving Party in writing, and request
the information be returned or destroyed. To the extent the privileged or
protected information is responsive to the opposing party’s requests for
production, the written notice must include a privilege log identifying the
privileged or protected information and the attorney(s) involved in the
16

Case 1:21-cv-10821-RA Document 32
31 Filed 09/19/22
09/14/22 Page 17 of 25

communication. If that request is made, no Party to this Litigation shall thereafter
assert on this basis that the disclosure waived any privilege or immunity. If a
Receiving Party receives information that the Receiving Party believes may be
subject to a claim of privilege or protection from discovery, the Receiving Party
shall promptly identify the information to the Producing Party.
b.

When a Producing Party or Receiving Party identifies such

privileged or protected information, a Receiving Party: (1) shall not use, and shall
immediately cease any prior use of, such information; (2) shall immediately take
reasonable steps to retrieve the information from others to which the Receiving
Party disclosed the information; (3) shall immediately, and not later than ten (10)
calendar days after receipt of the Producing Party’s request, return to the
Producing Party or destroy the information and destroy all copies, summaries,
compilations, or portions thereof; and (4) shall confirm to the Producing Party the
destruction under (3) above of all copies of the information not returned to the
Producing Party. The Receiving Party may make no use of the privileged or
protected information during any aspect of this Litigation or any other matter,
including in depositions or at trial, unless the documents are later designated by a
court of competent jurisdiction as not privileged or protected. The contents of the
privileged or protected information shall not be disclosed to anyone who was not
already aware of the contents before the notice was made. If the Receiving Party
has any notes or other work product reflecting the contents of the privileged or
protected information, the Receiving Party will not review or use those materials
17

Case 1:21-cv-10821-RA Document 32
31 Filed 09/19/22
09/14/22 Page 18 of 25

unless a court of competent jurisdiction later designates the privileged or
protected information as not privileged or protected. No one shall use the fact or
circumstances of production of the information in this Litigation to argue that any
privilege or protection has been waived. The cost, if any, for excising such
documents or materials by the Receiving Party shall be borne by the Producing
Party. Notwithstanding this provision, no Party or its outside counsel shall be
required to return or destroy any information that may exist on any disaster
recovery backup system.
c.

To the extent that any such inadvertently produced material has

been used, included, referenced or summarized in a pleading, deposition or other
proceeding, nothing in this paragraph shall require a Receiving Party to purge,
redact or excise any such information that has been used in good faith before a
request for the return of the unintentionally produced material. Upon a request for
return of the inadvertently produced material, the Receiving Party shall refrain
from any further use or dissemination of the inadvertently produced material
pending determination of the privilege status of the inadvertently produced
material pursuant to this Order and all applicable laws and rules.
14.

Destruction or Return of Protected Materials. Within ninety (90) days after this
action is finally terminated and all available appellate remedies have been
exhausted, all Protected Materials produced in the case, and all copies thereof,
including but not limited to any notes or other transcriptions made therefrom,
shall be destroyed or returned to counsel for the Party who initially produced such
18

Case 1:21-cv-10821-RA Document 32
31 Filed 09/19/22
09/14/22 Page 19 of 25

materials. This paragraph shall not apply to Protected Materials that were
attached to any submissions filed with the Court or that had been previously
permanently discarded or then so discarded, provided that counsel for the
Receiving Party certifies in writing to the Producing Party within the applicable
time period that such materials have been permanently discarded.
Notwithstanding the foregoing, this provision does not require the deletion of
information that may reside on electronic back-up, disaster recovery, or business
continuity systems in the normal course of business, nor does it require the
deletion of attorney work product which refers or is related to any Protected
Material designated as CONFIDENTIAL and HIGHLY CONFIDENTIAL –
ATTORNEY’S EYES ONLY for archival purposes only. Counsel are permitted
to retain an archival copy of all pleadings, motion papers, trial, deposition, and
hearing transcripts, legal memoranda, correspondence, deposition and trial
exhibits, expert reports, and consultant and expert work product, even if such
materials contain information designated CONFIDENTIAL OR HIGHLY
CONFIDENTIAL – ATTORNEY’S EYES ONLY. Any such archival copies that
contain or constitute information designated CONFIDENTIAL OR HIGHLY
CONFIDENTIAL – ATTORNEY’S EYES ONLY shall remain subject to this
Order.
15.

Subpoenas or Other Compulsory Processes Seeking Production of Protected
Material Subject to this Order. If any person in possession of CONFIDENTIAL
or HIGHLY CONFIDENTIAL – ATTORNEY’S EYES ONLY Protected
19

Case 1:21-cv-10821-RA Document 32
31 Filed 09/19/22
09/14/22 Page 20 of 25

Material (the “Receiver”) receives a subpoena or other compulsory process
seeking the production or other disclosure of Protected Material produced or
designated as CONFIDENTIAL or HIGHLY CONFIDENTIAL – ATTORNEY’S
EYES ONLY by a Producing Party other than the Receiver (collectively, a
“Demand”), the Receiver shall give written notice by email to counsel for the
Producing Party (or Producing Parties) within five (5) business days of receipt of
such Demand (or if a response to the Demand is due in less than five (5) business
days, at least twenty-four (24) hours prior to the deadline for a response to the
Demand), enclosing a copy of the Demand. The Receiver must also notify the
party issuing the Demand that the materials sought are subject to this Order.
16.

This Order shall not affect any Party’s right to object to the use in this Litigation
on any ground, or to use in any manner its own Documents or other documents
lawfully obtained from a third party. Consent to and entry of this Order shall not
restrict the right of any Party to file an application for an order seeking
modification of this Order or further protection.

17.

Neither this Order nor the designation of any Protected Material as
CONFIDENTIAL or HIGHLY CONFIDENTIAL – ATTORNEY’S EYES
ONLY shall constitute an admission or acknowledgment by any Party that any
such Protected Material is, in fact, confidential, proprietary or otherwise
protectable. The fact that Protected Material has been designated
CONFIDENTIAL or HIGHLY CONFIDENTIAL – ATTORNEY’S EYES

20

Case 1:21-cv-10821-RA Document 32
31 Filed 09/19/22
09/14/22 Page 21 of 25

ONLY shall in no way prejudice the right of any Party to contest the confidential
or proprietary nature of any Protected Material, at the time of trial or otherwise.
18.

The Parties agree that attorney-client communications dated on or after the date of
the first Complaint in this Litigation shall not be discoverable.

19.

The Court shall determine at the time of trial what legend, if any, shall be
permitted to appear on CONFIDENTIAL or HIGHLY CONFIDENTIAL –
ATTORNEY’S EYES ONLY Protected Material used as exhibits to be shown to
the jury and entered in evidence.

20.

This Order shall not prejudice or affect any Party’s right to object to the
authenticity or admissibility of any CONFIDENTIAL or HIGHLY
CONFIDENTIAL – ATTORNEY’S EYES ONLY Protected Material used as
evidence at the time of trial.

21.

Third parties can avail themselves of the protection of this Order to maintain the
confidentiality of Protected Material containing sensitive or proprietary business
or financial information by executing a duplicate of this Order and serving a copy
thereof on all counsel of record and thereafter producing Documents in response
to a subpoena in accordance with this Order.

22.

This Order shall become binding upon the Parties to this Order immediately upon
its being lodged or filed with the Court in this action and shall remain in effect
following the termination of this Litigation absent an order of this Court to the
contrary.

21

Case 1:21-cv-10821-RA Document 32
31 Filed 09/19/22
09/14/22 Page 22 of 25

23.

By entering this Order and limiting the disclosure of information in this Litigation,
the Court does not intend to preclude another court from finding that information
may be relevant and subject to disclosure in another case. Any person or Party
subject to this Order who becomes subject to a motion to disclose another Party’s
information designated CONFIDENTIAL or HIGHLY CONFIDENTIAL –
ATTORNEY’S EYES ONLY pursuant to this Order shall promptly notify that
Party of the motion so that the Party may have an opportunity to appear and be
heard on whether that information should be disclosed.

[signature page follows]

22

Case 1:21-cv-10821-RA Document 32
31 Filed 09/19/22
09/14/22 Page 23 of 25

Dated: September 14, 2022
New York, NY

Dated: September 14, 2022
San Francisco, CA

/s/ Christopher R. Noyes________

/s/ John M. Neukom_________

Christopher R. Noyes
P. Samuel Callaghan
WILMER CUTLER PICKERING
HALE AND DORR, LLP
7 World Trade Center
250 Greenwich Street
New York, New York 10007
Tel.: [phone]
Fax: [phone]

John M. Neukom (pro hac vice)
DEBEVOISE & PLIMPTON LLP
650 California Street
San Francisco, CA 94108
Tel.: [phone]
Fax: [phone]
[e-mail]

[e-mail]
[e-mail]
Vinita Ferrera (S.D.N.Y. admission forthcoming)
Nina B. Garcia (pro hac vice)
Christina Luo (pro hac vice)

WILMER CUTLER PICKERING
HALE AND DORR, LLP
60 State Street
Boston, MA 02109
Tel.: [phone]
Fax.: [phone]

Megan K. Bannigan
Marissa P. MacAneney
DEBEVOISE & PLIMPTON LLP
919 Third Avenue
New York, NY 10022
Tel.: [phone]
[e-mail]
[e-mail]
Counsel for Plaintiffs David Yurman
Enterprises LLC, David Yurman IP
LLC, and Yurman Retail North
American LLC

Counsel for Defendants
Mejuri Inc. and Mejuri (US), Inc.
This stipulation binds the parties to treat as confidential the documents so classified. The Court makes no
finding as to whether the documents are confidential. Moreover, the Court does not endorse any provision
which purports to authorize the parties to file documents under seal without a prior court order. Rather, the
parties shall comply with Rule 5.A. of this Court’s Individual Rules & Practices in Civil Cases when seeking
to file materials covered by this stipulation under seal or in redacted form.
September
19th day of ________________,
SO ORDERED this _____
2022:
New York, New York
Ronnie Abrams
United States District Judge

Case 1:21-cv-10821-RA Document 32
31 Filed 09/19/22
09/14/22 Page 24 of 25

UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF NEW YORK

DAVID YURMAN ENTERPRISES LLC,
DAVID YURMAN IP LLC, AND
YURMAN RETAIL NORTH AMERICA
LLC,

No. 1:21-cv-10821 (RA)

Plaintiffs,
v.
MEJURI INC. and MEJURI (US), INC.,
Defendants.
EXHIBIT A
UNDERTAKING REGARDING CONFIDENTIALITY
Upon consideration of being granted access to the CONFIDENTIAL or HIGHLY
CONFIDENTIAL – ATTORNEY’S EYES ONLY material produced in the Litigation,
_________________________ hereby agrees, certifies and undertakes as follows:
1.

I have read the foregoing Stipulated Protective Order (the “Protective

Order”) in the above-captioned action.
2.

I understand the terms of the Protective Order, and I agree to be bound by

its terms and conditions with respect to any documents, materials or information
designated “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEY’S EYES
ONLY” that are furnished to me as set forth in the Protective Order.
3.

I further agree: (a) not to disclose to anyone any Documents, materials or

information designated “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL –
1

Case 1:21-cv-10821-RA Document 32
31 Filed 09/19/22
09/14/22 Page 25 of 25

ATTORNEY’S EYES ONLY” other than as set forth in the Protective Order; (b) not to
make any copies of any Documents, materials or information designated
CONFIDENTIAL or HIGHLY CONFIDENTIAL – ATTORNEY’S EYES ONLY except
in accordance with the Protective Order; (c) not to use any documents, materials or
information designated “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL –
ATTORNEY’S EYES ONLY” except in accordance with the Protective Order; and (d) to
destroy or return to the Party who provided me with such “CONFIDENTIAL” or
“HIGHLY CONFIDENTIAL – ATTORNEY’S EYES ONLY” materials all copies
(including excerpts and summaries) thereof, within thirty (30) days of a request to destroy
or return such materials or the termination of this action, whichever comes first.
4.

I hereby consent to the jurisdiction of the United States District Court for

the Southern District of New York with regard to any action or proceeding to enforce the
terms and conditions of the Protective Order and this undertaking.

Signature

Print Name

Date
Sworn to and subscribed before me
this _____ day of ________________, 202___.

Notary Public
2