Pandora Jewelry, LLC v. Blue Time, Inc. et al

Filing 30

AGREED PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material... SO ORDERED. (Signed by Judge Analisa Torres on 3/11/2025) (vfr)

3/11/2025

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
-------------------------------------------------------PANDORA JEWELRY, LLC,
Petitioner,
v.

Case No.: 1:22-mc-00238-AT-RWL

BLUE TIME, INC., et al.

AGREED PROTECTIVE ORDER

Respondents.
--------------------------------------------------------

The Court enters the following Protective Order governing the disclosure of Confidential
Discovery Material by a Producing Party to a Receiving Party in this Proceeding.
1.

Definitions. As used in this Order:
a.

“Proceeding” refers to the above-captioned proceeding.

b.

“Discovery Material” includes all information exchanged between the parties in
this Proceeding. Discovery Material includes information within documents and
other written, recorded, computerized, electronic or graphic matter, copies, and
excerpts or summaries of documents including disclosures pursuant to this
Court’s February 15, 2025 Order (ECF No. 27), to the extent it ordered
disclosure by Respondents of “contact information” for their “suppliers” of
Pandora products as specified in response to Petitioner’s Subpoena to each
Respondent.

c.

A “Producing Party” is a party to this Proceeding that produces Discovery
Material in this Proceeding.

d.

A “Receiving Party” is a party to this Proceeding that receives Discovery
Material from a Producing Party in this Proceeding.

2.

Confidential Discovery Material. This Protective Order applies to all Confidential
Discovery Material produced or obtained in this Proceeding. For the purposes of this
Protective Order, Confidential Discovery Material shall include the information subject
to disclosure pursuant to the Court’s February15, 2025 Order (ECF No. 27).

3.

Manner of Confidential Designation. A Producing Party shall affix a
“CONFIDENTIAL” designation to any confidential Discovery Material produced in
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this Proceeding.

4.

5.

a.

For documentary information (defined to include paper or electronic documents,
but not transcripts of depositions or other pretrial or trial proceedings), the
Producing Party must affix the legend “CONFIDENTIAL” to each page that
contains protected material.

b.

If only a portion or portions of the information on a document page qualifies for
protection, the Producing Party must clearly identify the protected portion(s)
(e.g., by using highlighting, underlining, or appropriate markings in the
margins).

c.

If it is not feasible to label confidential Discovery Material as
“CONFIDENTIAL,” the Producing Party shall indicate via cover letter or
otherwise at the time of production that the material being produced is
confidential.

Qualified Recipients. For the purposes of this Protective Order, the persons authorized
to receive Confidential Discovery Material (hereinafter “Qualified Recipient”) are:
a.

The Parties to the above-captioned Proceeding, including any members, officers,
board members, directors, or employees who have a need to know the
information for the performance of their duties for the Party, and who have first
been advised of the terms of this Protective Order and agreed to be bound by it;
for avoidance of doubt, Confidential Discovery Material produced by Blue Time
Inc. remains confidential as to, and may not be shared with, Solar Time Inc., and
vice versa, absent any applicable exception set forth in Paragraph 5 below;

b.

Legal counsel representing the parties in this Proceeding and the Maryland
Proceeding, and members of the paralegal, secretarial, or clerical staff who are
employed by, retained by, or assisting such counsel; including vendors who are
retained to copy documents or electronic files, provide technical, litigation
support, or provide messenger or other administrative support services, provided
that the legal counsel engaging them have first advised them of the terms of this
Protective Order and obtained their agreement to comply with same; and

c.

The Court and its staff, any court reporter or typist recording or transcribing
hearings and testimony, including persons operating video recording equipment.

Limitations on Use. Discovery Material designated as “CONFIDENTIAL” shall be
held in confidence by each Qualified Recipient to whom it is disclosed, and shall be
used only in connection with (a) this Proceeding or (b) the underlying litigation,
Pandora Jewelry, LLC v. John Does 1-10, Docket No. 1:21-cv-02973 (D. Md.)
(“Maryland Lawsuit”). For the avoidance of doubt, the Receiving Party shall be entitled
to use, but not disclose to persons who are not Qualified Recipients as defined herein,
such Confidential Discovery Material for the purpose of substituting any named entity
for any John Doe defendant in the Maryland Lawsuit and for purposes of discussing
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breaches of contracts, if any, with entities or persons with whom the Receiving Party
has a written contract.
Discovery Material designated as “CONFIDENTIAL” shall not be disclosed to any
person who is not a Qualified Recipient, e.g., not to an entity which becomes a named
defendant in place of a John Doe defendant in the Maryland Lawsuit, unless so ordered
by this Court or the Maryland Court, on an application to make such disclosure made
on written notice to the Producing Party’s counsel at least 21 days prior to said
application. Nothing herein prevents disclosure beyond the terms of this Protective
Order if the party claiming confidentiality consents in writing to such disclosure.
Nothing herein prevents the Receiving Party from contacting or otherwise taking action
against the supplier or suppliers identified in the Discovery Material for purposes other
than this Proceeding or the Maryland Lawsuit if the identities of or information about
the supplier(s) (i) are already known to the Receiving Party prior to receiving the
Discovery Material, or (ii) are independently learned by the Receiving Party subsequent
to production of the Discovery Material in a manner that did not breach this Protective
Order.
6.

Docket Filings. A party seeking to file documents containing confidential Discovery
Material under seal must comply (a) with this Court’s rules and electronic docketing
procedures for filing motions for leave to file under seal if filed in this Proceeding, or
with the District of Maryland’s rules for filing motions for leave to file under seal if
filed in the Maryland Lawsuit.

7.

Use at Court Hearings and Trial. Subject to the Federal Rules of Evidence, Discovery
Material designated as “CONFIDENTIAL” may be offered and received into evidence
at trial or at any hearing or oral argument but only in this Proceeding or in the Maryland
Lawsuit and only after written notice to the Producing Party’s counsel given at least 21
days before said offer in evidence. A party agreeing to the entry of this order does not
thereby waive the right to object to the admissibility of the material in any proceeding,
including trial. Any party may move the Court for an order that Discovery Material
designated as “CONFIDENTIAL” be reviewed in camera or under other conditions to
prevent unnecessary disclosure.

8.

At the conclusion of this Proceeding and the Maryland Lawsuit, the Parties will take
reasonable efforts to destroy all material designated Confidential in accordance with this
Protective Order, and must certify the same in writing within 30 days of such conclusion.

9.

Modification. This Protective Order is entered without prejudice to the right of any
party to ask the Court to order additional protective provisions, or to modify, relax or
rescind any restrictions imposed by this Protective Order. Disclosure other than as
provided for herein shall require the prior written consent of the Producing Party, or a
supplemental Protective Order of the Court.

10.

Jurisdiction. This Court shall retain jurisdiction over all persons subject to this Protective Order
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to the extent necessary to enforce any obligations arising hereunder.

SO ORDERED:
Dated: _____________
March 11, 2025
New York, New York

AGREED AND APPROVED BY:

/s/ Terence W. McCormick
Terence W. McCormick
Mintz & Gold
600 Third Avenue 25th Floor
New York, NY 10016
[phone]
[e-mail]

/s/ Felicity Kohn
William Thomashower, Of Counsel
Felicity Kohn
Pryor Cashman LLP
7 Times Square
New York, New York 10036
[phone]
[e-mail]
[e-mail]
Attorneys for Respondents,
Blue Time, Inc.
Solar Time, Inc.

/s/ Martha Brewer Motley
Martha Brewer Motley
Vorys, Sater, Seymour and Pease LLP
52 East Gay Street
Columbus, Ohio 43215
[phone]
[e-mail]
Attorneys for Movant, Pandora Jewelry, LLC

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