Reetz v. Lowe's Companies, Inc. et al

Filing 68

CONSENT PROTECTIVE ORDER. Signed by Magistrate Judge David Keesler on 11/1/2019. (nvc)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
STATESVILLE DIVISION
CIVIL ACTION NO. 5:18-CV-075-RJC-DCK
BENJAMIN REETZ, INDIVIDUALLY AND
AS THE REPRESENTATIVE OF A CLASS
OF SIMILARLY SITUATED PERSONS, and
on BEHALF OF THE LOWE’S 401(K) PLAN,

)
)
)
)
)
Plaintiffs,
)
)
vs.
)
)
LOWE’S COMPANIES, INC.,
)
ADMINISTRATIVE COMMITTEE OF
LOWE’S COMPANIES, INC., JOHN and )
JANE DOES 1-20, and AON HEWITT
)
INVESTMENT CONSULTING, INC.,
)
)
Defendant.
)

CONSENT PROTECTIVE ORDER

WHEREAS, Plaintiff Benjamin Reetz, individually and as the representative of a class of
similarly situated persons, and on behalf of the Lowe’s 401(K) Plan, and Defendants Lowe’s
Companies, Inc., Administrative Committee of Lowe’s Companies, Inc., John and Jane Does 120, and Aon Hewitt Investment Consulting, Inc., hereafter referred to as “the Parties,”
collectively believe that certain information that is or will be encompassed by the Parties’
discovery demands will involve the production or disclosure of trade secrets, confidential
business information, confidential customer information, personal identifying information, and
other highly sensitive information;
WHEREAS, the Parties seek a protective order limiting disclosure thereof in accordance
with Federal Rule of Civil Procedure 26(c);
THEREFORE, it is hereby stipulated among the Parties and ORDERED that upon a
finding of good cause the following terms and conditions shall govern the disclosure and use of
confidential and privileged information in this Action:

DEFINITIONS GENERALLY
1.

Action. As used in this Protective Order, the term “Action” shall mean the

above-captioned litigation.
2.

Non-Party. As used in this Protective Order, the term “non-party” shall mean

any individual, corporation, association, or other natural person or entity that is not a named
party to the Action. This Protective Order shall govern all documents, materials, and information
disclosed during the course of this litigation in any form, including but not limited to, documents,
materials, and information produced by a party or non-party (whether informally or in response
to a subpoena), disclosed through testimony, and any other writings or things produced, given, or
filed in this Action.
3.

Document. As used in this Protective Order, the term “document” is intended to

be comprehensive and includes any and all materials in the broadest sense contemplated by Rule
34 of the Federal Rules of Civil Procedure, and shall include all written, oral, recorded, or
graphic material, however produced or reproduced including, but not limited to: all written or
printed matter of any kind, including the originals and all non-identical copies thereof, whether
different from the originals by reason of any notation made on such copies or otherwise;
electronically stored information, software, and other computer data including, but not limited to,
information stored in a computer at any time; all graphic or manual records or representations of
any kind including, but not limited to, photographs, microfiche, microfilm, videotape, records,
and motion pictures; electronic, mechanical, or electric records or representations of any kind
including, but not limited to, cassettes, discs, magnetic cards and recordings, optical and other
media; and all drafts, alterations, modifications, changes, and amendments to any of the
foregoing.

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4.

Privilege. As used in this Protective Order, the term “privilege” shall mean the

attorney-client privilege, the work-product doctrine, the common-interest doctrine, and any other
privilege, protection, or immunity recognized by law.
5.

Personal Identifying Information. As used in this Protective Order, the term

“Personal Identifying Information” may include, but is not limited to, Social Security Numbers;
driver’s license, passport, or state identification numbers; tax identification numbers; financial
institution account numbers and records or credit card numbers; home addresses or phone
numbers; and employment identification numbers or credentials of any individual.
6.

Confidential Material. As used in this Protective Order, the term “Confidential

Material” means any document, material, or information supplied in any form, or any portion
thereof, which the designating party reasonably believes to contain confidential or proprietary
business, commercial or financial information; a trade secret; confidential research and
development, credit, compliance, personnel, or administrative information; or any other
commercial or personal information that is not publicly known. A party or non-party designating
information as Confidential Material shall mark each page of the document (if imaged)
containing such material as “Confidential.”
7.

Highly Confidential Material. As used in this Protective Order, the term

“Highly Confidential Material” means any document, material, or information supplied in any
form, or any portion thereof, which the designating party reasonably believes contains
especially sensitive material, which may include, but is not limited to, confidential research and
development, financial, technical, or any other sensitive trade secret information, information
capable of being utilized for the preparation of a patent application dealing with such subject
matter, or other highly sensitive commercial information that could cause the designating party
to suffer business or competitive harm if publicly known, known by third parties, or known by

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other parties or other parties’ agents or other parties’ employees who would have access under
the Protective Order to “Confidential Material.” Highly Confidential Material also includes any
document containing personal identifying information of any individual, including without
limitation social security numbers, passport numbers, home telephone addresses or phone
numbers, and employment identification numbers or credentials. A party or non-party
designating information as Highly Confidential Material shall mark each page of the document
(if imaged) containing such material as “Highly Confidential — Outside Counsel Only.”
8.

Protected Material. Confidential Material and Highly Confidential Material

may be collectively referred to herein as “Protected Material.”
DESIGNATION OF PROTECTED MATERIAL
9.

Designating Protected Material. Any party or producing non-party may

designate information as Protected Material. Protected Material shall be designated, at or prior
to the time at which it is produced to the receiving party, by marking or stamping each page
containing confidential information “Confidential” or “Highly Confidential – Outside Counsel
Only.” Any copy, memorandum, summaries, or abstracts (excluding memoranda, summaries, or
abstracts used solely internally by counsel of record to one of the Parties) containing
Confidential Information or Highly Confidential – Outside Counsel Only Information shall
likewise bear on its face the “Confidential” or “Highly Confidential – Outside Counsel Only”
designation. All information so designated and all information derived therefrom shall be
handled in strict accordance with the terms of this Protective Order.
10.

Changes to Designations. The production of Protected Material without a

designation as Protected Material shall not be deemed a waiver or impairment of any claim of
protection of the confidential nature of any such material. Any party or non-party who
inadvertently fails to identify documents as “Confidential” or “Highly Confidential – Outside
Counsel Only” shall, promptly upon discovery of its oversight, provide written notice of the error

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and substitute appropriately-designated documents, and thereafter such documents shall be
treated as Protected Material under the terms of this Order. Any party receiving such
inadvertently non-designated documents shall retrieve such documents from persons not entitled
to receive those documents under this Order and, upon receipt of the substitute documents, shall
return or destroy the improperly-designated documents.
11.

Any party may request a change in the designation of any information designated

Protected Material. Any such document shall be treated as designated until the change is
completed. If the requested change in designation is not agreed to, the party seeking the change
may move the Court for appropriate relief, providing notice to any third party whose designation
of produced documents as Protected Material in the action may be affected. The party asserting
that the material is Protected Material shall have the burden of proving that information in
question is within the scope of protection afforded by Fed. R. Civ. P. 26(c).
12.

Good Faith Representation. A designation by a party or non-party of Protected

Material shall constitute a representation to the Court that such party or non-party believes in
good faith that the information constitutes Confidential Material or Highly Confidential Material
properly subject to protection under Fed. R. Civ. P. 26(c). The Parties and non-parties shall
make a good-faith effort to designate information only as needed.
13.

Objections to Designation or Treatment. A receiving party may challenge a

producing party’s designation at any time. Any receiving party disagreeing with a designation
may request in writing that the producing party change the designation. The producing party will
then have ten (10) business days after receipt of a challenge notice to advise the receiving party
whether or not it will change the designation. If the Parties are unable to reach agreement after
the expiration of this ten (10) business day period, the receiving party may at any time thereafter
seek an order to alter the confidential status of the Protected Material. Until any dispute under
this Paragraph is ruled upon by the Court, the designation will remain in full force and effect,

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and the information will continue to be accorded the confidential treatment required by this
Protective Order.
14.

Compliance with Laws Concerning Personal Identifying Information.

Regardless of whether a document or other material is designated Confidential or Highly
Confidential, and in addition to the restrictions on use of Confidential or Highly Confidential
material contained in this Protective Order, all Parties shall comply with all applicable laws and
regulations related to the protection of Personal Identifying Information, as defined in this order.
The producing party may redact all Personal Identifying Information prior to production or other
use or disclosure unless otherwise ordered by the Court.
DISCLOSURE OF PROTECTED MATERIAL
15.

Confidential Material. Unless otherwise allowed under this Protective Order,

Confidential Material may be disclosed only to:
a. The Parties;
b. The Parties’ Counsel of Record, which shall mean the Parties’ counsel
who have appeared on behalf of a party in the Action (and the partners,
associates, paralegals, clerical and support personnel, and outside vendors
working under the direct supervision of such counsel who are directly
involved in or assisting in this litigation);
c. the Court and all persons assisting the Court in the Action, including
special masters, mediators, court reporters taking testimony involving such
information, and necessary stenographic and clerical personnel thereof;
d. persons whom the Confidential Material itself indicates—or the receiving
party otherwise has reason to believe—were the author, addressee,
custodian, or recipient of the document;

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e. persons retained as consultants or experts by any party for the purposes of
this litigation and principals and employees of the firms with which
consultants or experts are associated and who are directly involved and
assisting in this litigation (but excluding any consultants or experts known
to be currently employed or engaged by a competitor of the party or nonparty that designated the material);
f. any person noticed or called to testify as a witness at a deposition, hearing,
mediation, trial, or other proceeding in the Action, and for the purpose of
assisting in the preparation or examination of the witness, provided that
the requirements of Paragraph 22(a) have been satisfied;
g. any other person hereafter designated by further order of the Court; or
h. any person(s) to whom the producing party agrees in writing that
disclosure may be made.
Before any Confidential Material is disclosed to the persons identified above in Paragraph 15(e),
(f), or (h), such persons shall be provided with a copy of this Protective Order and shall execute
the Acknowledgment of Protective Order attached as Exhibit A. Counsel shall retain the original
copies of executed Acknowledgment forms and need not disclose who has executed them during
the course of this Action, unless a dispute arises as to the dissemination of Confidential Material
to persons other than those identified as authorized under this Order.
16.

Highly Confidential Material. Unless otherwise allowed under this Protective

Order, Highly Confidential Material may be disclosed only to:
a. The Parties’ Counsel of Record, which shall mean the Parties’ outside
counsel who have filed a Notice of Appearance on behalf of a party in
the Action (and the partners, associates, paralegals, clerical and
support personnel, and outside vendors working under the direct

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supervision of such counsel who are directly involved in or assisting in
this litigation);
b. the Court and all persons assisting the Court in the Action, including
special masters, mediators, court reporters taking testimony involving
such information, and necessary stenographic and clerical personnel
thereof;
c. persons retained as consultants or experts by any party for the purposes
of this litigation and principals and employees of the firms with which
consultants or experts are associated and who are directly involved and
assisting in this litigation (but excluding any consultants or experts
known to be currently employed or engaged by a competitor of the
party or non-party that denominated the material);
d. persons whom the specific document containing the Highly
Confidential Material itself indicates were the author, addressee,
source, or recipient of the document;
e. any other person hereafter designated by written stipulation of the
Parties or by further order of the Court; and
f. any person to whom the producing party agrees in writing disclosure
may be made.
Before any Highly Confidential Material is disclosed to the persons identified above in
Paragraphs 16(c), (e), or (f), such persons shall be provided with a copy of this Protective
Order and shall execute the Acknowledgment of Protective Order attached as Exhibit A.
Outside counsel shall retain the original copies of executed Acknowledgment forms and
need not disclose who has executed them during the course of this Action, unless a dispute

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arises as to the dissemination of Protected Material to persons other than those identified as
authorized under this Protective Order.
17.

Unless otherwise agreed to by the Parties or further ordered by the Court,

Documents produced in this Action, including Protected Material, may be used only in this
Action, and may not be used in any other action, proceeding, arbitration, or for any purpose
unconnected to this Action.
18.

All persons authorized by this Protective Order to receive Protected Material shall

maintain such information as confidential consistent with the terms of this Protective Order and
shall agree to be bound by its terms. Accordingly, except as provided, no person, firm,
corporation, or other entity shall use, disclose, make available, or otherwise communicate
Protected Material in any manner whatsoever except for purposes of the Action, and then only in
a manner consistent with this Protective Order. A party’s or non-party’s use for any purpose of
its own documents and information that it produces or discloses in the Action shall not be
considered a violation of this Protective Order. All Protected Material (including any
summaries, abstracts, or other related information that includes, discusses, summarizes, or refers
to any Protected Material) shall be kept in a secure location that is under the control of a person
authorized by this Protective Order to receive such information. No party receiving Protected
Material shall permit such material to be transmitted, accessed, disseminated, or transported
outside of the borders of the United States of America.
19.

Nothing in this Order shall restrict any party’s counsel from rendering advice to

its clients with respect to this Action and, in the course thereof, relying upon Protected Material
(without disclosing its specific contents).
USE OF PROTECTED MATERIAL BY A PARTY IN THIS ACTION
20.

Protected Material shall be used solely for the purpose of this Action, and no

person receiving such material shall, directly or indirectly, use, transfer, disclose, summarize, or

9

communicate in any way the Protected Material to any person other than those specified in
Paragraphs 15 and 16 of this Protective Order. Any other use is prohibited.
21.

Court Filings. Nothing herein shall authorize the filing of documents or

information under seal without permission from the Court. In the event a party wishes to submit
Protected Material to the Court under seal that it designated Confidential or Highly Confidential,
the filing party shall move the Court, consistent with Western District of North Carolina Local
Rule 6.1(c), for permission to file unredacted versions of any Confidential Materials under seal.
If a receiving party wishes to submit Protected Material to the Court that another party or
nonparty designated Confidential or Highly Confidential, then the receiving party must file a
motion for leave to file under seal, which will identify the document or other material for which
the restriction is sought. In that motion, the receiving party will state that (1) the document(s)
contain information that was designated as Confidential or Highly Confidential by a designating
party; and (2) that the designating party shall have seven (7) business days in which to file a
response in support of the motion to seal. Within seven (7) business days after the receiving
party’s motion to seal is filed, the designating party must file a response in support of the motion
to seal. In its response, the designating party must satisfy the criteria for motions to seal set forth
in Western District of North Carolina Local Rule 6.1. The Protected Material that is subject to a
motion to seal shall remain under seal until the motion and any responses or objections are
resolved by the Court.
22.

Depositions. From the date of a deposition until fourteen (14) calendar days after

receipt of a final deposition transcript, such transcript shall be treated as Highly Confidential
Material in accordance with this Protective Order. Absent a timely designation (or other
agreement between the Parties as to timing) of some or all of the final transcript as Protected
Material, this presumptive designation shall lapse. The designation by a party or non-party of a
transcript, exhibit, or videotape (or any portion of these) as Protected Material shall be made in
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writing and served upon all counsel of record and the relevant court reporter. Any transcript,
exhibit, or videotape (or portion thereof) designated as Protected Material shall thereafter be
treated in accordance with this Protective Order. Any designation of a transcript (or portion
thereof) shall be treated as a designation of the corresponding portion of the video, and viceversa.
a. Use of Confidential Material at Depositions. Any party may use
Confidential Material in an examination of a witness at a deposition, subject
to the following restriction for non-party witnesses. Prior to any examination
of a non-party witness at a deposition concerning Confidential Material, the
witness shall be furnished with a copy of this Protective Order and shall
execute the Acknowledgment of Protective Order attached as Exhibit A,
unless the witness is an author, addressee, recipient, or source of the
Confidential Material.1 If a signed Acknowledgement from the witness is
required but cannot be obtained, the party wishing to use Confidential
Material in an examination of a witness must obtain consent from the
producing party or entity, and such consent may not be unreasonably
withheld. If the Parties cannot agree on whether a party may use Confidential
Material in an examination of a witness not otherwise permitted under this
Paragraph, then the Court shall be asked to resolve the dispute.
23.

Expert Reports. Portions of an expert report provided under Federal Rule of

Civil Procedure 26(a)(2) may be designated Confidential or Highly Confidential if such report
contains, excerpts, quotes, attaches, or summarizes documents, deposition transcripts, or other
materials that have been designated Confidential or Highly Confidential under this Order.
1

Likewise, a witness who is an author, addressee, or recipient of Highly Confidential Material also may be
examined regarding such Highly Confidential Material, without executing an Acknowledgement, consistent with
Paragraph 16(d) of this Protective Order.

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24.

This Protective Order does not apply to information that is already in the

knowledge or possession of the party to whom disclosure is made (unless that party is already
bound by agreement not to disclose such information), or information that has been disclosed to
the public or third persons in a manner making such information no longer confidential.
REQUEST FOR CURE OF UNAUTHORIZED DISCLOSURES
25.

Any party or non-party (or counsel to any party or non-party) who becomes aware

of any unauthorized disclosure of Protected Material or any breach of this Protective Order shall
promptly give notice to the party or non-party that produced or supplied the Protected Material
of such circumstances, including a reasonable description of the circumstances that led to the
unauthorized disclosure. Upon such notice, the party or non-party that produced or supplied the
Protected Material may seek such other relief as is appropriate. In any event, the party or
non-party that made the unauthorized disclosure shall immediately take all reasonable steps to
cure the unauthorized disclosure and shall make every effort to prevent further unauthorized
disclosure.
SUBPOENAS COMMANDING PRODUCTION OF PROTECTED MATERIAL
26.

If any party has obtained Protected Material under the terms of this Order and

receives a subpoena, civil investigative demand, or other compulsory process commanding the
production of such Protected Material, such party shall notify the counsel of record for the
producing party or non-party, in writing and by e-mail as soon as possible, and in no event later
than ten (10) days following the discovery that the subpoena or process order calls for Protected
Material. Such written notice shall include a copy of the subpoena, demand, or order. Within
ten (10) days of receipt of notification, the producing party or non-party shall inform the
subpoenaed party either that it does not object to production of the Protected Material or that it
will seek court protection to prevent the production. If the producing party or non-party fails to
provide the subpoenaed party with a response, the subpoenaed party may produce the Protected

12

Material after fifteen (15) days following the subpoenaed party’s notification of the subpoena to
the producing party or non-party. In the event the producing party or non-party informs the
subpoenaed party that it will seek court protection to prevent the production, the subpoenaed
party shall not produce any Protected Material without the prior written consent of the producing
party or non-party unless required by an order of a court of competent jurisdiction.
PRODUCTION OF PRIVILEGED, PROTECTED, OR OTHER MATERIAL
IMMUNE FROM DISCOVERY
27.

Pursuant to Federal Rule of Civil Procedure 502, the production or disclosure of a

document containing material subject to a claim of privilege or protection (collectively in this
section, “privilege” or “privileged” material) shall not constitute a waiver, in this or any other
federal or state proceeding, of any privilege applicable to that document or the material
contained in that document.
28.

A producing party may, at any time, demand that a receiving party return, destroy,

or otherwise sequester a document containing material subject to a good faith claim of privilege.
The demand shall be made in writing and shall identify the document to be returned or destroyed
by Bates range whenever possible. Within ten (10) business days, or such other time as the
parties may agree or the Court may order, of receiving such a demand, a receiving party shall
certify in writing that it has returned, destroyed, or otherwise sequestered all copies, versions, or
extracts of the documents requested to be returned or destroyed and that the receiving party shall
not attempt to examine, review, or use such documents without further order of the Court
permitting such activity. Within ten (10) business days, or such other time as the Parties may
agree or the Court may order, of receipt of the receiving party’s certification, a producing party
shall provide redacted versions of any of those documents that contain both privileged and nonprivileged information and placeholder images for documents containing exclusively privileged
information. To the extent that privilege logs have already been served, the party shall also
supplement its privilege log within ten (10) business days, or otherwise shall include the
13

document on its privilege log to be served at the appropriate time as agreed by the Parties or
ordered by the Court.
29.

After a good-faith effort to meet and confer, a receiving party may file with the

Court a motion to compel production of a document demanded to be returned pursuant to
Paragraph 28 hereof. The motion shall not quote or paraphrase the substance of the document
subject to the motion to compel, unless the motion is filed under seal; however, the motion may
request that an in-camera inspection be made of the document. Unless the motion is granted, a
requesting party may not use any information contained in the document that has been clawed
back for any purpose, unless that same information is available from a non-privileged source.
COMPLETION OF LITIGATION
30.

The obligations imposed by this Protective Order shall survive the termination of

this Action, and this Court shall retain jurisdiction over all disputes between the Parties and nonparties relating to it.
31.

Within ninety (90) business days after the final resolution of the Action, including

resolution of any appellate proceedings, all documents and copies of all documents (other than
exhibits of record) produced or supplied by a party or non-party, including without limitation
those that contain Protected Material, shall be either returned to the party or non-party who
produced or supplied the Protected Material, destroyed, or otherwise sequestered. Upon request
of the party who produced or supplied the Protected Material, all counsel of record who received
such documents shall certify compliance herewith. Notwithstanding the above, counsel of record
may retain for their files copies of any of their own work product, correspondence, pleadings,
briefs and exhibits, any other court filings, deposition transcripts and exhibits, or hearing or other
official transcripts and exhibits, which contain Protected Material. Such retained copies will
remain subject to the restrictions herein, including that the materials be used only in connection
with this Action.

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MISCELLANEOUS PROVISIONS
32.

Nothing contained in this Protective Order shall be construed as a waiver of any

claim or defense in this Action, nor as an admission that any document or information, or any
testimony relating to such document or information, is or would be admissible in evidence in this
Action or in any other proceeding.
33.

Nothing contained in this Protective Order shall affect the rights of the Parties or

non-parties to object to discovery, nor shall it relieve a party or non-party of its obligation to
properly respond or object to discovery requests, nor shall it preclude any party or non-party
from seeking further relief or protective orders from the Court as may be appropriate.
34.

Nothing contained in this Protective Order shall control or govern the use of

evidence at trial.
35.

The Parties to the Action reserve all rights to apply to the Court for any order

modifying this Protective Order, or seeking greater access to Protected Materials than those
provided herein. Nothing in this Paragraph shall affect a party’s right to object to disclosure of
Protected Material to counsel of another party.
36.

Nothing contained in this Protective Order shall affect the ability of the Parties to

alter by agreement the time periods set forth herein.
37.

Any person requiring further confidentiality protection may petition the Court for

a separate order governing disclosure of its information.
38.

The existence of this Protective Order must be disclosed to any person producing

documents, tangible things, or testimony in this Action who may reasonably be expected to
desire confidential treatment for such documents, tangible things, or testimony. Any such person
may designate documents, tangible things, or testimony confidential pursuant to this Protective
Order.
39.

If a party violates this Protective Order, the disclosing party may seek appropriate

15

relief from this Court.
40.

This Protective Order may be signed in counterparts.

/s/ Kai H. Richter
Kai H. Richter*
NICHOLS KASTER, PLLP
4600 IDS Center
80 South 8th Street
Minneapolis, MN 55402
Telephone: [phone]
Facsimile: [phone]
[e-mail]
*Appearing pro hac vice

/s/ Sean C. Abouchedid
Lars C. Golumbic*
Sean C. Abouchedid*
GROOM LAW GROUP, CHARTERED
1701 Pennsylvania Avenue, NW
Washington, DC 20006
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]
*Appearing pro hac vice

Counsel for Plaintiff Benjamin Reetz
Counsel for Lowe’s Companies, Inc., and the
Administrative Committee of Lowe’s Companies, Inc.

/s/ Shannon M. Barrett
Shannon M. Barrett*
O’MELVENY & MYERS LLP
1625 Eye Street, NW
Washington, DC 20006
Telephone: [phone]
Facsimile: [phone]
[e-mail]
*Appearing pro hac vice
Counsel for Defendant Aon Hewitt Investment
Consulting, Inc.

SO ORDERED.

Signed: November 1, 2019

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IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
STATESVILLE DIVISION
CIVIL ACTION NO. 5:18-CV-75-RJC-DCK
BENJAMIN REETZ, INDIVIDUALLY AND
AS THE REPRESENTATIVE OF A CLASS
OF SIMILARLY SITUATED PERSONS, and
on BEHALF OF THE LOWE’S 401(K) PLAN,

)
)
)
)
)
Plaintiffs,
)
)
vs.
)
)
LOWE’S COMPANIES, INC.,
)
ADMINISTRATIVE COMMITTEE OF
LOWE’S COMPANIES, INC., JOHN and )
JANE DOES 1-20, and AON HEWITT
)
INVESTMENT CONSULTING, INC.,
)
)
Defendant.
)

CONSENT PROTECTIVE ORDER

EXHIBIT A
UNDERTAKING REGARDING CONSENT PROTECTIVE ORDER
I, _______________________________________________, declare that:
1.

My address is ______________________________________________________

________________________________________________________________________
2.

My current employer is ______________________________________________

3.

My current occupation is _____________________________________________

4.

I have received a copy of the Consent Protective Order in the above-captioned

action (the “Action”). I have read and understand the provisions of the Consent Protective
Order.
5.

I will comply with all of the provisions of the Consent Protective Order. I will

hold in confidence, will not disclose to anyone other than those persons specifically authorized
by the Protective Order, and will use only for purposes of this Action any information or
materials designated as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL - OUTSIDE

1

COUNSEL ONLY” that I receive in this Action, except as otherwise permitted under the terms
of the Consent Protective Order.

Dated

2