Pure Payment, Inc v. Affirm, Inc.

Filing 27

PROTECTIVE ORDER: SO ORDERED...regarding procedures to be followed that shall govern the handling of confidential material. (Signed by Magistrate Judge Sarah Netburn on 2/5/2024) (dsh)

information not generally known and that, in the good faith judgment of counsel, is substantially
likely to cause injury to the commercial, financial, strategic, or business interests of such
disclosing party or its employees, customers, or clients if disclosed. Information and documents
designated by a party as highly confidential will be stamped “HIGHLY CONFIDENTIAL.” (All
such information and documents shall be referred to herein as “Highly Confidential
Information.”)
3.

The Confidential Information and Highly Confidential Information produced will

be held and used by the person receiving such information solely for use in connection with this
action.
4.

5.

Confidential Information shall not be disclosed to any person, except:
a.

The parties and counsel, including in-house counsel;

b.

Employees of such counsel assigned to and necessary to assist in the
litigation;

c.

Consultants, vendors, or experts assisting in the prosecution or defense of
the matter, to the extent deemed necessary by counsel;

d.

Witnesses and deponents in this action who are shown the Confidential
Information while testifying; and

e.

The Court (including any mediator, or other person having access to any
Confidential Information by virtue of his or her position with the Court).

Highly Confidential Information shall not be disclosed to any person, except:
a.

Counsel, including in-house counsel;

b.

Employees of such counsel assigned to and necessary to assist in the
litigation;

c.

Consultants, vendors, or experts assisting in the prosecution or defense of
the matter, to the extent deemed necessary by counsel;

d.

Witnesses and deponents in this action who are shown the Highly
Confidential Information while testifying; and

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e.

6.

The Court (including any mediator, or other person having access to any
Highly Confidential Information by virtue of his or her position with the
Court).

Prior to disclosing or displaying Confidential Information or Highly Confidential

Information to any person, counsel must:

7.

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 (except the parties, counsel, their employees,
and the Court) to sign an agreement to be bound by this Order in the form
attached hereto.

In the event that a party challenges another party’s designation of confidentiality,

counsel shall make a good faith effort to resolve the dispute, and in the absence of a resolution,
the challenging party may seek resolution by the Court.
8.

The disclosure of a document or information without designating it as

“Confidential” or “Highly Confidential” shall not constitute a waiver of the right to designate
such document or information as Confidential Information or Highly Confidential Information.
If so designated, the document or information shall thenceforth be treated as Confidential
Information or Highly Confidential Information subject to all the terms of this Order.
9.

The production of privileged or work-product protected documents, electronically

stored information (“ESI”), or other information, whether inadvertent or otherwise, is not a
waiver of the privilege or protection from discovery in this case or in any other federal or state
proceeding. This Order shall be interpreted to provide the maximum protection allowed by
Federal Rule of Evidence 502(d). Nothing contained herein is intended to or shall serve to limit
a party’s right to conduct a review of documents, ESI, or other information (including metadata)

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for relevance, responsiveness, and/or segregation of privileged and/or protected information
before production.
10.

Notwithstanding the designation of information as “Confidential” or “Highly

Confidential” in discovery, there is no presumption that such information shall be filed with the
Court under seal. The parties shall confer in good faith about any information that should be
filed under seal, and shall follow the Court’s procedures with respect to filing under seal.
11.

At the conclusion of litigation, Confidential Information or Highly Confidential

Information and any copies thereof shall be promptly (and in no event later than 60 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, which shall remain subject to this Order.
12.

Nothing herein constitutes an admission by any party that Confidential

Information or Highly Confidential Information produced in this case is relevant or admissible.
Each party reserves the right to object to the use or admissibility of the Confidential Information
and the Highly Confidential Information.
13.

Nothing herein shall preclude the parties from disclosing material designated as

Confidential Information or Highly Confidential Information if otherwise required by law or
pursuant to a valid subpoena, provided that the party shall promptly notify the source of the
information before such disclosure.

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SO STIPULATED AND AGREED.
Dated: February 2, 2024
GERBEN PERROTT, PLLC

DAVIS WRIGHT TREMAINE LLP

By: /s/ Kathryn G. Kent
Kathryn G. Kent

By: /s/James Rosenfeld
James Rosenfeld
Celyra Myers
1251 Avenue of the Americas, 21st Floor
New York, New York 10020
Tel: [phone]
Email: [e-mail]
[e-mail]

1050 Connecticut Ave NW, Suite 500
Washington, DC 20036
Tel: [phone]
Email: [e-mail]

Counsel for Plaintiff Pure Payment Inc.

Counsel for Defendant Affirm, Inc.

SO ORDERED.

Dated: February
F b
5, 2024202
New York, New York

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AGREEMENT
I have been informed by counsel that certain documents or information to be disclosed to
me in connection with the matter captioned Pure Payment Inc. v. Affirm, Inc. Civil Action No.
1:23-cv-08856-SN (S.D.N.Y.), have been designated as confidential or highly confidential. I
have been informed that any such documents or information labeled “CONFIDENTIAL” or
“HIGHLY CONFIDENTIAL” are confidential or highly confidential by Order of the Court.
I hereby agree that I will not disclose any such documents or information to any other
person. I further agree not to use any such documents or information for any purpose other than
this litigation. I have read the Stipulation and Protective Order in this matter, and I hereby agree
to be bound by its terms, including any penalties for breach of its confidentiality provisions.

Signature: ________________________________

Print Name: _______________________________

Date: ___________________________________

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