Newmont Corporation et al v. American International Group UK Limited et al

Filing 98

MODIFIED PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material...SO STIPULATED AND AGREED. SO ORDERED. (Signed by Judge Margaret M. Garnett on 3/12/2025) (jca)

The parties having agreed to the following terms of confidentiality, and the Court having
found that good cause exists for issuance of an appropriately tailored confidentiality order
governing the pre-trial phase of this action, it is therefore hereby:
ORDERED that any person subject to this Order—including without limitation
the parties to this action, their representatives, agents, experts, consultants, all third parties
providing discovery in this action, and all other interested persons with actual or constructive
notice of this Order—shall adhere to the following terms, upon pain of contempt:
1. Any person subject to this Order who receives from any other person any “Discovery
Material” (i.e., information of any kind provided in discovery in this action) that is
designated as “Confidential” pursuant to the terms of this Order shall not disclose such
Confidential Discovery Material to anyone else except as expressly permitted hereunder.
2. The person producing any given Discovery Material may designate as Confidential only
such portion of such material as consists of:
a. previously nondisclosed financial information (including without limitation
profitability reports or estimates, percentage fees, design fees, royalty rates,
minimum guarantee payments, sales reports, and sale margins);
b. previously nondisclosed material relating to ownership or control of any nonpublic company;
c. previously nondisclosed material related to operations of its business, including
strategy, plans, product development information, or marketing plans;
d. any information of a personal or intimate nature regarding any individual; or
e. any other category of information hereinafter given confidential status by the
Court.
3. With respect to the Confidential portion of any Discovery Material other than deposition
transcripts and exhibits, the producing person or that person’s counsel may designate
such portion as “Confidential” by stamping or otherwise clearly marking as
“Confidential” the protected portion in a manner that will not interfere with legibility or
audibility, and by also producing for future public use another copy of said Discovery
Material with the confidential information redacted. With respect to deposition transcripts
and exhibits, a producing person or that person’s counsel may indicate on the record that
a question calls for Confidential information, in which case the transcript of the
designated testimony shall be bound in a separate volume and marked “Confidential
Information
Governed
by
Protective
Order”
by
the
reporter.
4. If at any time prior to the trial of this action, a producing person realizes that some
portion(s) of Discovery Material that that person previously produced without limitation
should be designated as Confidential, he or she may so designate by so apprising all
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parties in writing, and such designated portion(s) of the Discovery Material will
thereafter be treated as Confidential under the terms of this Order.
5. No person subject to this Order other than the producing person shall disclose any of the
Discovery Material designated by the producing person as Confidential to any other
person, except to:
a. the parties to this action;
b. counsel retained specifically for this action, including any paralegal, clerical and
other assistant employed by such counsel and assigned to this matter;
c. as to any document, its author, its addressee, and any other person indicated on
the face of the document as having received a copy;
d. any witness who counsel for a party in good faith believes may be called to testify
at trial or deposition in this action, provided such person has first executed a NonDisclosure Agreement in the form annexed as an Exhibit hereto;
e. any deponent;
f. any person retained by a party to serve as an expert witness or otherwise provide
specialized advice to counsel in connection with this action, provided such person
has first executed a Non-Disclosure Agreement in the form annexed as an Exhibit
hereto;
g. stenographers engaged to transcribe depositions conducted in this action; and
h. the Court and its support personnel.
6. All Confidential Discovery Material filed with the Court, and all portions of pleadings,
motions, or other papers filed with the Court that disclose such Confidential Discovery
Material, shall be filed under seal and kept under seal until further order of the Court. The
parties will use their best efforts to minimize such sealing. In any event, any party filing a
motion or any other papers with the Court under seal shall also publicly file a redacted
copy of the same, via the Court’s Electronic Case Filing system, that redacts only the
Confidential Discovery Material itself, and not text that in no material way reveals the
Confidential Discovery Material.
7. Any party who objects to any designation of confidentiality may at any time prior to the
trial of this action serve upon counsel for the designating person a written notice stating
with particularity the grounds of the objection or request. If agreement cannot be reached
promptly, counsel for all affected persons will address their dispute to this Court in
accordance with this Court’s Individual Rules & Practices in Civil Cases.
8. All persons are hereby placed on notice that the Court is unlikely to seal or otherwise
afford confidential treatment to any Discovery Material introduced in evidence at trial,
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even if such material has previously been sealed or designated as Confidential. The Court
also retains unfettered discretion whether to afford confidential treatment to any
Confidential document or information contained in any Confidential document submitted
to the Court in connection with any motion, application, or proceeding that may result in
an order and/or decision by the Court.
9. Each person who has access to Discovery Material that has been designated as
Confidential shall take all due precautions to prevent the unauthorized or inadvertent
disclosure of such material.
10. If, in connection with this litigation, a party inadvertently discloses information subject to
a claim of attorney-client privilege or attorney-work-product protection (“Inadvertently
Disclosed Information”), such disclosure shall not constitute or be deemed a waiver or
forfeiture of any claim of privilege or work-product protection with respect to the
Inadvertently Disclosed Information and its subject matter.
11. If a disclosing party makes a claim of inadvertent disclosure, the receiving party shall not
thereafter review the Inadvertently Disclosed Information for any purpose, except by
order of the Court. The receiving party shall, within ten business days, return or destroy
all copies of the Inadvertently Disclosed Information, and provide a certification of
counsel that all such information has been returned or destroyed.
12. Within five business days of the notification that such Inadvertently Disclosed
Information has been returned or destroyed, the disclosing party shall produce a privilege
log with respect to the Inadvertently Disclosed Information.
13. As with any information redacted or withheld, the receiving party may seek an order
from the Court compelling production of the Inadvertently Disclosed Information. The
receiving party shall not assert as a ground for entering such an Order the fact or
circumstances of the inadvertent production.
14. The disclosing party retains the burden of establishing the privileged or protected nature
of any information. Nothing in this Order shall limit the right of any party to request an in
camera review of the Inadvertently Disclosed Information.
15. The existence of this Order may not be used by any Party as its exclusive basis for
asserting that one or more documents are discoverable, and similarly the existence of this
Order does not bar any Party from asserting that one or more documents should still not
be discoverable.
16. This Protective Order shall survive the termination of the litigation. Within 30 days of the
final disposition of this action, or within any longer time period expressly agreed to by
the person that produced the Discovery Material in question, all Discovery Material
designated as “Confidential,” and all copies thereof, shall be promptly returned to the
producing person, or, upon permission of the producing person, destroyed. However, a
party may retain “Confidential” materials to the extent it is required to comply with
document retention policies and procedures, insurance regulations, and/or government
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rules and regulations, but only to the extent necessary to comply with said policies,
procedures, regulations, and/or rules, and only so long as such materials remain subject to
the protections afforded this Order.
17. This Court shall retain jurisdiction over all persons subject to this Order to the extent
necessary to enforce any obligations arising hereunder or to impose sanctions for any
contempt thereof.
SO STIPULATED AND AGREED.
Dated: New York, New York
March 12, 2025

COHEN ZIFFER FRENCHMAN &
MCKENNA LLP
By: /s/ Robin L. Cohen
Robin L. Cohen
Marc T. Ladd
Nicholas R. Maxwell
Morgan L. Greene
COHEN ZIFFER FRENCHMAN &
MCKENNA LLP
1325 Avenue of the Americas, 31st Floor
New York, NY 10019
Tel: [phone]
Fax: [phone]
[e-mail]
[e-mail]
[e-mail]
[e-mail]
Attorneys for Plaintiffs Newmont
Corporation and Newmont Ghana Gold
Limited

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MOUND COTTON WOLLAN
& GREENGRASS LLP
By: /s/ Jeffrey S. Weinstein
Jeffrey S. Weinstein
Bruce R. Kaliner
Glenn Greenberg
Mound Cotton Wollan & Greengrass LLP
One New York Plaza
New York, NY 10004
Tel: [phone]
[e-mail]
[e-mail]
[e-mail]
Attorneys for Defendants

SO ORDERED.
March 12, 2025
Date: _________________
New York, New York

_________________________
MARGARET M. GARNETT
United States District Judge

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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
:
NEWMONT CORPORATION and NEWMONT
:
GHANA GOLD LIMITED,
:
Plaintiffs,
:
v.
:
:
:
AMERICAN INTERNATIONAL GROUP UK
:
LIMITED; MUNCHENER RUCKVERSICHERUNGS- :
GESELLSCHAFT; SCOR SE; SWISS REINSURANCE :
COMPANY LIMITED; STARR INTERNATIONAL
:
(EUROPE) LIMITED; ZURICH AMERICAN
:
INSURANCE COMPANY; CERTAIN
:
UNDERWRITERS AT LLOYD’S, LONDON
:
SUBSCRIBING TO POLICY NO. B0180ME2222520; :
CANOPIUS CORPORATE CAPITAL LIMITED,
:
SUBSCRIBING TO POLICY NO. B0180ME2218821; :
HISCOX DEDICATED CORPORATE MEMBER
:
LIMITED, SUBSCRIBING TO POLICY NO.
:
B0180ME2218751; and LLOYD’S UNDERWRITER
:
SYNDICATE NO. 0382 HDU SUBSCRIBING TO
:
POLICY NO. B0180ME2218783,
:
:
Defendants.
:

Civil Action No.: 1:24-cv-05298
(MMG)

NON-DISCLOSURE
AGREEMENT

I, ________________________________, acknowledge that I have read and understand
the Modified Protective Order in this action governing the non-disclosure of those portions of
Discovery Material that have been designated as Confidential. I agree that I will not disclose
such Confidential Discovery Material to anyone other than for purposes of this litigation, and
that at the conclusion of the litigation, I will return all discovery information to the party or
attorney from whom I received it. By acknowledging these obligations under the Modified
Protective Order, I understand that I am submitting myself to the jurisdiction of the United States
District Court for the Southern District of New York for the purpose of any issue or dispute
arising hereunder, and that my willful violation of any term of the Modified Protective Order
could subject me to punishment for contempt of Court.
Dated: _________________

______________________

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