Modern Global Company for General Trading of Equipments, Supplier for Construction and Real Estate WLL v. Korek Telecom Company LLC
Filing
7
STIPULATION OF PROTECTIVE AGREEMENT AND ORDER...regarding procedures to be followed that shall govern the handling of confidential material...SO ORDERED. (Signed by Judge Jennifer L. Rochon on 4/23/2024) (jca)
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
MODERN GLOBAL COMPANY FOR
GENERAL TRADING OF EQUIPMENTS,
SUPPLIER FOR CONSTRUCTION AND
REAL ESTATE WLL,
Petitioner,
-against-
Civil Action No. 1:22-mc-00362-JLR
STIPULATION OF PROTECTIVE
AGREEMENT AND [PROPOSED]
ORDER
KOREK TELECOM COMPANY LLC,
Respondent.
WHEREAS, Petitioner Modern Global Company For General Trading Of Equipments,
Supplier For Construction And Real Estate WLL (“Modern Global”) served a subpoena duces
tecum dated January 12, 2024 (the “Subpoena”) on non-party JPMorgan Chase Bank, N.A.
(“JPMCB”) in this action (the “Action”); and
WHEREAS, the Subpoena calls for the production of documents in JPMCB’s possession
containing information that includes confidential information; and
WHEREAS, compliance with the Subpoena will take place in New York;
IT IS HEREBY STIPULATED AND AGREED by and between Petitioner and JPMCB,
by and through their respective undersigned counsel, as follows:
1.
This Protective Agreement and Order applies to “Confidential Information,” as
defined below, produced or otherwise disclosed by JPMCB to Petitioner in response to the
Subpoena and to any future subpoena that Petitioners may serve on JPMCB in connection with
the Action.
2.
The term “Confidential Information” as used in this Protective Agreement and
Order means any record, spreadsheet, or other document produced by JPMCB in response to the
Subpoena that JPMCB, after reviewing such record, spreadsheet or other document, reasonably
and in good faith believe constitutes or reveals: (i) confidential trade secrets, proprietary
business information, non-public personal, client, or customer information concerning
individuals or other entities or items; or (ii) information protected from disclosure by any
relevant federal, state or foreign data-protection laws. “Confidential Information” as used in this
Protective Agreement and Order shall not include information derived exclusively from any
public source, regardless of whether such information is duplicative of the information contained
in the documents produced by JPMCB. JPMCB may designate any such record, spreadsheet, or
other document for protection under the terms of this Protective Agreement and Order by
affixing the term “CONFIDENTIAL” to each page that contains confidential material.
3.
If Petitioner contends that materials designated by JPMCB should not be deemed
Confidential Information under this Protective Agreement and Order, it shall notify JPMCB of
its position within 14 days from the receipt of such designation. Upon JPMCB’s receipt of such
notification, Petitioner and JPMCB shall meet and confer within seven days to attempt to resolve
the dispute by agreement. If Petitioner and JPMCB are unable to resolve the dispute by
agreement, they shall proceed under Rule 45 of the Federal Rules of Civil Procedure.
4.
Petitioner shall not use or disclose the Confidential Information for any purpose
other than (i) in actions to enforce Petitioner’s judgment dated December 19, 2022 entered
against Respondent Korek Telecom Company LLC (“Korek”) in the Action (the “Judgment”);
(ii) in garnishment, execution or similar proceedings that Petitioner may commence in the future
to enforce the Judgment; or (iii) in any appeals of the foregoing actions and proceedings
(collectively, the “Judgment Enforcement Proceedings”).
5.
Documents produced by JPMCB and designated Confidential may be filed with
the Court in connection with any application, motion, hearing, trial or other proceeding in any
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Judgment Enforcement Proceeding, but only on the condition that confidential identifying
information – i.e. account numbers, codes, social security numbers, taxpayer identification
numbers, employer identification numbers, passwords and information that may be used for
identity theft – be redacted from such documents, before they are filed, to the extent such
information is not necessary to advance the purpose or objective of the filing. To the extent
Petitioner intends publicly to file Confidential Information without redacting confidential
identifying information, contending that such confidential identifying information is relevant or
necessary, Petitioner shall contact JPMCB’s counsel and provide JPMCB forty-eight hours to
review the document(s) before the Confidential Information is filed. If JPMCB notifies
Petitioner’s counsel of a dispute under this paragraph within that forty-eight hour period, JPMCB
shall have the right to apply to the Court, within five business days and before the Confidential
Information is filed, for an order sealing or barring the public filing of the Confidential
Information. Petitioner shall not file the Confidential Information until after the Court has ruled
on any such application. Petitioner and JPMCB agree to act in good faith to try to resolve any
dispute under this paragraph without having to involve the Court.
6.
Nothing in this Confidentiality Agreement will prevent any person subject to it
from producing any Confidential Information 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 at least 10 days before any disclosure or otherwise with as many
days’ notice as is permitted by the time allowed under the request. Upon receiving such notice,
JPMCB shall 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.
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7.
Once Confidential Information is produced, it may be disclosed, summarized,
or otherwise communicated in whole or in part only to the following persons, who may make use
of such information only in connection with the Action and any Judgment Enforcement
Proceedings:
a.
Counsel who represent parties in the Action and Judgment Enforcement
Proceedings, and employees and agents of such counsel assisting in the
preparation or conduct thereof for use in accordance with this Protective
Agreement and Order, but only after such counsel have agreed to be bound by this
Protective Agreement and Order;
b.
Experts or consultants assisting counsel for those parties in the Action and
Judgment Enforcement Proceedings, but only after such experts or consultants
have signed the agreement, annexed as Exhibit A, to be bound by this Protective
Agreement and Order, as set forth in Section 8 below;
c.
Potential, anticipated and actual witnesses, and their counsel, in the Action or the
Judgment Enforcement Proceedings, but only after such witnesses have signed the
agreement, annexed as Exhibit A, to be bound by this Protective Agreement and
Order, as set forth in Section 8 below;
d.
The Court in the Action and any court in the Judgment Enforcement Proceedings;
and
e.
Court reporters employed in connection with the Action or any Judgment
Enforcement Proceedings.
8.
Before counsel may show or disclose Confidential Information pursuant to
Section 7 to any witness, expert or consultant, except at trial, that witness, expert or consultant
shall be provided a copy of this Protective Agreement and Order and must sign the agreement,
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annexed as Exhibit A, to be bound by this Protective Agreement and Order. Any disclosure of
Confidential Information to witnesses, experts or consultants pursuant to Section 7 must be
useful or necessary, in the opinion of counsel, for the preparation for or conduct of the Action or
any Judgment Enforcement Proceedings.
9.
The inadvertent disclosure by JPMCB of any document or information subject to
a claim of attorney-client privilege, attorney work-product, or similar ground on which
disclosure of such information should not have been made, shall not be construed as a waiver of
such claim, and JPMCB shall have the right to have the document or information returned to its
counsel. Nor shall this Protective Agreement and Order be construed as requiring JPMCB, or
any of their respective branches or subsidiaries, to commit any act that would violate any
domestic, federal, state or local law, or any law of a foreign jurisdiction. The inadvertent
disclosure in violation of any such law shall not be considered a waiver of JPMCB’s right to
assert the privilege or other ground on which the document(s) or information in question should
not have been disclosed, or of its right to a return of the document(s) or information.
10.
The obligations under this Protective Agreement and Order shall survive the
termination of the Action and of any Judgment Enforcement Proceedings and shall continue to
bind Petitioner, JPMCB, and the parties to whom Confidential Information is disclosed and who
become bound by this Protective Agreement and Order.
11.
This Protective Agreement and Order shall be governed by, and construed and
interpreted in accordance with, the substantive laws of the State of New York without giving
effect to New York’s conflict-of-law principles. Any motion or proceeding related in any way to
this Protective Agreement and Order, or to any dispute as to JPMCB’s compliance with the
Subpoena, shall be brought in the United States District Court for the Southern District of New
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York. The parties hereby irrevocably and unconditionally waive the right to contest personal
jurisdiction or venue in the Southern District of New York
12.
Upon execution by the parties’ respective counsel, and before being so-ordered by
the Court, this Protective Agreement and Order shall be binding upon the parties and shall be
deemed to have the same effect as a court order.
13.
The parties may sign this Protective Agreement and Order digitally, and email
copies of signatures shall have the same force and effect as original signatures.
14.
JPMCB’s entry into this Protective Agreement and Order shall not be deemed a
waiver of any of its objections or defenses to the Subpoena or to any subsequent subpoena that
Petitioner may serve on JPMCB.
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DATED: April 23, 2024
QUINN EMANUEL URQUHART &
SULLIVAN, LLP
BRAVERMAN GREENSPUN, P.C.
By:
By:
/s/ Gregg Badichek
.
Kristin Tahler
Kevin S. Reed
Gregg Badichek
kristintahler@quinnemanuel.com
kevinreed@quinnemanuel.com
greggbadichek@quinnemanuel.com
/s/ Steven B. Feigenbaum
Steven B. Feigenbaum
sfeigenbaum@braverlaw.net
.
110 East 42nd Street, 17th Floor
New York, NY 10017
(212) 682-2900 Main Office Number
865 S. Figueroa St., 10th Floor
Los Angeles, CA 90017
(213) 443-3000 Main Office Number
Counsel for Non-Party JPMorgan Chase
Bank, N.A
51 Madison Avenue, 22nd Floor
New York, NY 10010
(212) 849-7000 Main Office Number
1300 I St NW, #900
Washington, D.C. 20005
(202) 538-8000 Main Office Number
Counsel for Petitioner Modern Global
Company for General Trading of
Equipments, Supplier for Construction
and Real Estate WLL
SO ORDERED.
Dated: April __,
23 2024
New York, New York
________________________
JENNIFER L. ROCHON
United States District Court Judge
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EXHIBIT A
AGREEMENT TO BE BOUND BY PROTECTIVE ORDER
I have been informed that on April ___, 2024, the United States District Court for the
Southern District of New York entered a Protective Agreement and Order (the “Protective
Agreement and Order”) in the litigation entitled Modern Global Company For General Trading
Of Equipments, Supplier For Construction And Real Estate WLL v. Korek Telecom Company
LLC, Case No. 1:22-mc-00362-JLR (S.D.N.Y.). I have read the Protective Agreement and Order
and agree to abide by its obligations as they apply to me. I will hold in confidence, and not
disclose to anyone not qualified under the Protective Agreement and Order, any Confidential
Information, as defined in the Protective Order, or any words, summaries, abstracts or indices of
the Confidential Information disclosed to me. I voluntarily submit to the jurisdiction of the
United States District Court for the Southern District of New York for purposes of any
proceeding related to the Protective Agreement and Order, including my receipt or review of
information that has been designated as “Confidential Information.” The undersigned
acknowledges that his or her duties under the Protective Agreement and Order shall survive the
termination of this case and are permanently binding, and that the failure to comply with the
terms of the Protective Agreement and Order may result in a court’s imposition of sanctions.
Date:
Printed name:
Signature:
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