Sprint Communications Company L.P. v. Maule et al

Filing 123

PROTECTIVE ORDER Signed by Chief Judge Karen E. Schreier on 6/14/11. (JMM)

FILED
UNITED STATES DISTRICT COURT
DISTRICT OF SOUTH DAKOTA
SOUTHERN DIVISION

SPRINT COMMUNICATIONS
COMPANY L.P.,

JUN. It 2011

~~

Civil No. 10-4110

Plaintiff,

v.

PROTECTIVE ORDER

B.J. JONES IN HIS OFFICIAL
CAPACITY AS JUDGE OF TRIBAL
COURT, CROW CREEK SIOUX
TRIBAL COURT, AND NATIVE
AMERICAN TELECOM, LLC.,
Defendants.
WHEREAS, discovery in the above-referenced matter may involve the disclosure
of certain documents, things, testimony and information that constitute or contain trade
secrets or other confidential commercial information within the meaning of Rule
26(c)(l)(G) of the Federal Rules of Civil Procedure ("Fed. R. Civ. P."); and
WHEREAS, Sprint Communications Company Limited Partnership ("Sprint") and
Native American Telecom LLC ("NAT"), by their attorneys, respectfully submit this
Protective Order to prevent unnecessary dissemination or disclosure of such confidential
information.
As used herein, the term "Parties" shall mean Sprint and NAT collectively.
"Party" shall mean any party to the above referenced matter. The term "Signatory" shall
mean any person who has agreed to be bound by the provisions of this Protective Order.
The term "Producing Party" shall mean any Party that produces documents in the above­

3992715v2

captioned matters.

The term "Receiving Party" shall mean any Party to whom a

Producing Party produces documents in the above-captioned matters.
IT IS HEREBY ORDERED as follows:
1.

This Protective Order shall apply to all information, documents, testimony

and things within the scope of discovery of the above referenced actions that are in the
custody or possession of the Parties and/or which were received by a Party from a third
party under an obligation of confidentiality, which constitute or contain confidential
financial, commercial, marketing or business information, trade secrets, know-how or
proprietary data relating to financial, commercial, marketing, business and other subject
matter within the meaning of Rule 26(c)(l)(G), and which is properly designated as
CONFIDENTIAL INFORMATION pursuant to the following provisions by the
Producing Party, including, but not limited to, documents and things responsive to
requests for production of documents, responses to written interrogatories, responses to
requests for admission, testimony adduced at depositions, and hearing or trial transcripts.
"ATTORNEYS' EYES ONLY INFORMATION" ("AEO INFORMATION") shall mean
trade secrets, Customer Proprietary Network Information ("CPNI"), or material of such a
highly competitive nature, that disclosure could cause harm in the marketplace.
2.

The Producing Parties shall label or mark documents, portions of

documents, answers to interrogatories, responses to requests for admission, depositions,
affidavits, expert reports, legal briefs or memoranda, and information derived therefrom
(hereinafter "documents and things")

and things that constitute

or contain

CONFIDENTIAL INFORMA TION or AEO INFORMATION with the legend
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"CONFIDENTIAL MATERlAL", "CONFIDENTIAL" or "ATTORNEYS' EYES
ONLY".

Documents and things that constitute or contain CONFIDENTIAL

INFORMATION or AEO INFORMATION shall be labeled or marked with the
appropriate legend when the document or thing is produced to the Receiving Party. The
designations of "CONFIDENTIAL MATERIAL" or "CONFIDENTIAL" by a Party
constitutes the representation of the Producing Party that it reasonably and in good faith
believes that the designated material constitutes or discloses trade secrets, know-how,
proprietary data or commercial infonnation within the meaning of Rule 26(c)(1)(G) that
has previously been maintained in confidence, or, if newly created, will be maintained in
confidence. Similarly, a designation of "ATTORNEYS' EYES ONLY" by a Producing
Party constitutes the representation of the Producing Party that it reasonably and in good
faith believes that the designated material constitutes or discloses trade secrets, CPNI, or
material of such a highly competitive nature, that disclosure could cause hann in the
marketplace within the meaning of Rule 26(c)(1)(G) that has previously been maintained
in confidence, or, if newly created, will be maintained in confidence. It is expressly
understood and agreed by the Parties that they anticipate that they will only designate
documents as "ATTORNEYS' EYES ONLY" sparingly, if at all.
Documents and things produced without a legend designating the material
confidential shall not be CONFIDENTIAL INFORMATION subject to this Protective
Order unless agreed by all Parties or ordered by this Court, or otherwise designated
confidential in accordance with the provisions of Paragraph 4 of this Protective Order.

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3.

Testimony adduced at depositions upon oral examination of current or

former directors, officers, employees or agents of a Party, or any witness pursuant to
Paragraph 9 below, that constitutes or contains CONFIDENTIAL INFORMATION or
AEO INFORMATION may be so designated when such testimony is provided or within
fifteen (15) days after an official deposition transcript is provided to the designating
party.

The Parties agree to mark all copies of such deposition transcripts with the

appropriate legend. The Parties agree to treat all testimony adduced at each deposition as
being Confidential or AEO INFORMATION (depending on the highest level of material
used in the deposition) for at least until fifteen (15) days after the deposition transcript is
provided. If notice is timely received prior to the expiration of such ten days that a Party
has designated transcript pages or testimony as "CONFIDENTIAL MATERIAL" or
"CONFIDENTIAL" or "ATTORNEYS EYE'S ONLY" such testimony and/or pages
shall be deemed CONFIDENTIAL INFORMATION or AEO INFORMATION under
this Order. All other testimony shall not be subject to this Order.
4.

If a Party or third party, through inadvertence, produces or provides

discovery of any CONFIDENTIAL INFORMATION or AEO INFORMATION without
labeling or marking it with the legend "CONFIDENTIAL MATERIAL" or
"CONFIDENTIAL" or "ATTORNEYS' EYES ONLY" as provided in Paragraphs 2-3 of
this Protective Order, the Producing Party may give written notice to the Receiving Party
that the document, thing or other discovery information, response or testimony is
CONFIDENTIAL INFORMATION or AEO INFORMATION and should be treated as
such in accordance with the provisions of this Protective Order. Upon receipt of such
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notice, and unless such designation is challenged pursuant to paragraph 15 of this
Protective Order, the Receiving Party shall treat such documents, things, information,
responses

and

testimony

as

CONFIDENTIAL

INFORMATION

or

AEO

INFORMATION and shall mark the documents or things "CONFIDENTIAL
MATERIAL" OR "CONFIDENTIAL" or "ATTORNEYS' EYES ONLY" and so notify
the Producing Party.

Prior to receipt of such notice, disclosure of such documents,

things, information, responses and testimony to a person not authorized to receive
CONFIDENTIAL INFORMATION shall not be deemed a violation of this Protective
Order.
5.

Nothing contained in this Protective Order shall be construed to affect or

govern the scope of discovery in this action, or to preclude any Party from moving this
Court for a further order pursuant to Fed. R. Civ. P. Rule 26(c) or any other provision of
the Federal Rules of Civil Procedure. Nothing contained in this Protective Order shall be
construed to require production or disclosure of any CONFIDENTIAL INFORMATION
deemed by counsel for the party possessing such material to be protected from disclosure
by the attorney-client privilege or the attorney work product doctrine.
6.

There is no waiver of the attorney-client privilege or the attorney work

product doctrine should document(s) and thing(s) be produced which the Producing Party
in good faith asserts are covered by the attorney-client privilege or the attorney work
product doctrine and which were inadvertently produced. Upon prompt notice by a
Producing Party and upon a showing of privilege or protection together with a showing of

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inadvertent production, the Receiving Party shall immediately return the originals and all
copies of the privileged or immune document(s) or thing(s).
7.

Material marked, labeled or otherwise designated "CONFIDENTIAL

MATERIAL" or "CONFIDENTIAL" or "ATTORNEYS' EYES ONLY" as described in
Paragraphs 2 through 4 of this Protective Order may be offered into evidence at hearings
on motions and may be used to prepare for and conduct discovery, to prepare for trial and
to support or oppose any motion in this action, but shall be subject to Paragraph 8
through 14 below and to any further order regarding confidentiality that this Court may
enter.
8.

Material marked, labeled or otherwise designated "CONFIDENTIAL

MATERIAL" or "CONFIDENTIAL" or "ATTORNEYS' EYES ONLY" as described in
Paragraphs 2 through 4 of this Protective Order shall be deemed and treated as
CONFIDENTIAL INFORMATION, unless and until this Court rules to the contrary, and
one Party's access to another Party's CONFIDENTIAL" INFORMATION or AEO
INFORMA TION and disclosure thereof shall be limited, unless and until this Court rules
that there may be further disclosure, to:
(a)

Any in-house counsel of a Party to the extent necessary in the

conduct of this litigation or in rendering legal advice in connection with this litigation,
and the stenographic, clerical and paralegal employees and agents of said counsel (those
whose job includes work with in-house counsel on litigation) whose duties and
responsibilities require access to material designated "CONFIDENTIAL MATERIAL" or
"CONFIDENTIAL" or "ATTORNEYS' EYES ONLY." Each Party must provide to the
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Producing Party an identification of all in-house counsel to whom disclosure of material
designated "CONFIDENTIAL MATERIAL" or "CONFIDENTIAL" or "ATTORNEYS
EYE'S ONLY" is made in advance of such disclosure.
(b)

Outside counsel of record for the Parties, and outside counsel's

stenographic, paralegal and clerical employees or agents whose duties

and

responsibilities require access to CONFIDENTIAL INFORMATION or AEO
INFORMATION.
(c)

Other outside counsel that are retained or engaged by a Party for

purposes of this litigation, and outside counsel's stenographic, paralegal and clerical
employees

or

agents

whose

duties

and

responsibilities

reqUIre

access

to

CONFIDENTIAL INFORMATION or AEO INFORMATION.
(d)

Outside experts (whether retained as testifying or consulting experts)

that are retained or engaged by a Party for purposes of this litigation, and outside experts
stenographic and clerical employees or agents whose duties and responsibilities require
access to CONFIDENTIAL INFORMATION or AEO INFORMATION.
(e)

Current employees of a Party who are not competitive decision

makers and only to the extent necessary to provide advice in the conduct of this litigation.
A "competitive decision maker" is any officer, director, or employee of a Party who has
authority to make business decisions for the Party relating to whether the Party would
introduce in any market a new product or service substantially similar to that/those
currently offered by the Producing Party, or the Receiving Party's pricing or other
material terms of any product or service already offered by both the Producing Party and
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Receiving Party.

Such individuals can receIve "ATTORNEYS' EYES ONLY"

information only after the Producing Party is notified in writing of the identity of the
individual, her/his title and job duties at the Party, and any further explanation necessary
to establish that the individual is not a competitive decision maker as described herein.
The Producing Party may challenge the individual's proposed access in writing within
five (5) business days of receipt of notification of the intended disclosure by the
Receiving Party. The parties shall thereafter try to resolve any disputes in good faith on
an informal basis. If the dispute cannot be resolved, the Producing Party shall move the
Court to enforce its designation within ten (10) business days of the Parties' failure to
resolve the dispute informally. The Producing Party shall have the burden of establishing
that the individual should not have access to the material (assuming the Party seeking to
disclose the otherwise AEO INFORMATION to a non-attorney employee has made the
prima facie showing to the Producing Party as contemplated above). The Receiving
Party shall refrain from sharing any AEO INFORMATION with the individual until
either: (1) five (5) days have passed since the Producing Party has received the
notification required by this paragraph and the Producing Party has not challenged the
proposed disclosure in accordance with the provisions above or, if the Producing Party
does timely challenge the requested disclosure, (2) until the objections raised by the
Producing Party have been fully resolved in accordance with the terms of this paragraph
the later.
(t)

If a Party's counsel wishes to disclose another Party's material

designated "CONFIDENTIAL MATERIAL" or "CONFIDENTIAL" or, where
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appropriate, "ATTORNEYS' EYES ONLY" to counsel not of record pursuant to subpart
(c) above, outside Consultants and Experts pursuant to subpart (d) above, or employees
pursuant to the subpart (e) above, that Party's counsel shall first obtain a signed
Undertaking in the form of the annexed Exhibit A from each such counsel, consultant or
employee who would require access to material designated "CONFIDENTIAL
MATERIAL" or "CONFIDENTIAL" or "ATTORNEYS' EYES ONLY."

Counsel

intending to disclose such material shall retain the original of each such signed
Undertaking through the conclusion of this action, including any appeals, and shall make
a copy of each such undertaking available at the deposition of any such person who is
deposed.
(g)

Nothing in this paragraph restricts a Party from disclosing to its own

officers, directors, partners, members or employees CONFIDENTIAL or AEO
INFORMATION it has produced or from disclosing CONFIDENTIAL or AEO
INFORMATION to any officer, director, partner, member or employee of the Party that
produced the CONFIDENTIAL INFORMATION or AEO INFORMATION.
9.

(a)

Any Party may, at a deposition or in preparing for a deposition,

absent a Court order or agreement to the contrary, disclose CONFIDENTIAL
INFORMATION or AEO INFORMATION to: (1) any person identified in Paragraph 8
that is entitled to see such information; or (2) any Party or Signatory to this Protective
Order, or any officer, director, partner, member or employee of a Party who has signed an
Undertaking in the form of annexed Exhibit A and is otherwise entitled to see such
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documents. Copies of CONFIDENTIAL INFORMATION or AEO INFORMATION
shown to such Signatory or to such officer, director, partner, member or employee of a
Party (that is entitled to see such documents) in preparation for his or her deposition may
be retained during preparation for the deposition, but Signatories or such officers,
directors, partners, members, or employees of a party must return all CONFIDENTIAL
INFORMATION or AEO INFORMATION used in the deposition preparation within
five (5) business days of reading and signing the deposition transcript. Nothing in this
sub-paragraph restricts a Party from disclosing to its own officers, directors, partners,
member or employees CONFIDENTIAL INFORMATION it has produced or from
disclosing CONFIDENTIAL INFORMATION to any officer, director, partner, member
or employee of the Party that produced, drafted, or previously received the
CONFIDENTIAL INFORMATION.
(b)

Nothing in this Protective Order shall prohibit a Party from using

CONFIDENTIAL INFORMATION or AEO INFORMATION produced, drafted, or
previously received by a Party in a deposition of that Party or any officer, director,
employee, expert of agent of that Party.
(c)

Third parties who produce documents in this case, pursuant to

subpoenas or otherwise, may elect to become Signatories to this Protective Order by
executing an Election in the form of the attached Exhibit B. Such third parties shall then
enjoy the benefits of this Protective Order as to the protection of CONFIDENTIAL
INFORMATION or AEO INFORMATION produced by said third parties, and they shall
also be bound by the obligations of this Protective Order, including the obligation to
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39927J5v2

maintain

the

confidentiality

of CONFIDENTIAL

INFORMA TION

or

AEO

INFORMATION. With respect to any such third party, the provisions of Paragraph 9(a)
shall apply with respect to depositions and preparation for depositions.
(d)

This Protective Order does not limit the right of a Party to offer

CONFIDENTIAL INFORMATION or AEO INFORMATION into evidence at trial, or
to use it for any other lawful trial purpose including impeachment. A Party may seek
advance determination by the Court of the admissibility or non-admissibility of
CONFIDENTIAL INFORMATION or AEO INFORMATION. The Court may apply
restrictions, as it deems appropriate, on the manner of use of CONFIDENTIAL
INFORMATION

or

AEO

INFORMATION

at

trial,

on

re-publication

of

CONFIDENTIAL INFORMATION or AEO INFORMATION introduced at trial, and on
public access to CONFIDENTIAL INFORMATION or AEO INFORMATION
introduced at trial.
(e)

Subject to the Federal Rules of Evidence, documents stamped

CONFIDENTIAL MATERIALS or CONFIDENTIAL or ATTORNEYS' EYES ONLY
and any other CONFIDENTIAL INFORMATION may be offered in evidence at trial or
any Court hearing. Any party may move the Court for an order that the evidence be
received in camera or under other conditions to prevent unnecessary disclosure.
10.

Any corporation or entity which is affiliated with any of the Parties and

which produces documents or information responsive to the Parties' discovery requests is
a third-party beneficiary of this Protective Order and may pursue all civil remedies
available to it for breach thereof.
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11.
documents

In the event that the Parties desire to provide access to or disseminate any
or

things,

including

CONFIDENTIAL

INFORMATION

or

AEO

INFORMATION, to any person not otherwise entitled to access under this Protective
Order, the Parties may agree to allow such access or any Party may move the Court for an
Order that such person be given access thereto. In the event that the motion is granted,
such person may have access to CONFIDENTIAL INFORMATION or AEO
INFORMATION after first signing an Undertaking in the form of Exhibit A attached
hereto. Counsel seeking disclosure of such CONFIDENTIAL INFORMATION or AEO
INFORMATION shall retain the original of each such signed Undertaking through the
conclusion of this action, including any appeals.
12.

Material

designated

"CONFIDENTIAL

MATERIAL"

or

"CONFIDENTIAL," or "ATTORNEYS EYE'S ONLY" including all information
derived therefrom and all copies, summaries, abstracts, excerpts, indices and descriptions
of such material shall be held in confidence, shall not be made public by any Party or
person entitled under the terms of this Protective Order to access such material, and shall
not be used for any financial, commercial, marketing, business or other competitive
purpose.
13.

If CONFIDENTIAL INFORMATION or AEO INFORMATION is

disclosed to or comes into the possession of any person other than in the manner
authorized by this Protective Order, any Party becoming aware of such disclosure shall
immediately inform the Producing Party of all pertinent facts relating to such disclosure

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and shall instruct each unauthorized person to treat such information as confidential and
demand that it be returned.
14.

If

any

material

designated

"CONFIDENTIAL

MATERIAL"

or

"CONFIDENTIAL" or "ATTORNEYS EYE'S ONLY" is to be filed with the court in
connection with any proceedings in this action, such material shall be filed with the Clerk
of the Court in sealed envelopes or containers prominently marked with the caption of the
case, a general description of the contents of the envelope or container and the notation:
CONTAINS CONFIDENTIAL INFORMATION COVERED
BY PROTECTIVE ORDER TO BE OPENED ONLY (1) BY
OR AS DIRECTED BY THE COURT OR (2) BY WRITTEN
AGREEMENT OF THE PARTIES.

If a Party anticipates the disclosure, at an oral court hearing, of a document marked
"CONFIDENTIAL MATERIAL" or "CONFIDENTIAL" or "ATTORNEYS' EYES
ONLY" that has not been filed under seal, the Party seeking to use such material shall
provide notice to the Producing Party prior to the hearing.
15.

The acceptance of material designated "CONFIDENTIAL MATERIAL" or

"CONFIDENTIAL" or "ATTORNEYS EYES' ONLY" shall not constitute an admission
or concession, or permit an inference that such material is, in fact, confidentiaL Any
Party may challenge the confidential designation of material as not confidential. Such
challenge must be in writing. If the status of any material or information that has been
designated "CONFIDENTIAL MATERIAL" or "CONFIDENTIAL" or "ATTORNEYS
EYES' ONLY" is challenged, the Producing Party shall have five (5) business days after
receipt of the written challenge to object in writing to the challenge. The parties shall

13

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thereafter try to resolve the dispute in good faith on an informal basis. If the dispute
cannot be resolved, the Producing Party shall move the Court to enforce its designation
within ten (10) business days of the parties' failure to resolve the dispute informally. The
Producing Party shall have the burden of establishing that the CONFIDENTIAL
INFORMATION or AEO INFORMATION should not be declassified. If there is no
written objection to the initial written challenge within five (5) business days thereof, the
challenged material shall become non-confidential.
16.

This Protective Order shall not be construed to prevent the Parties from

applying to this Court for relief therefrom, or from applying to this Court for further or
additional protective orders, or from agreeing between themselves to modifications of
this Protective Order, subject to the approval of this Court. The Protective Order shall
not preclude the Parties from enforcing their rights against any other Party or any non­
party believed to be violating their rights. It is expressly understood between counsel for
the parties that the category of personnel set forth in Paragraph 8 supra may be increased
by agreement or upon a showing, subject to the approval of this Court, by any Party that
such modification is necessary.
17.

Upon final termination of the action, including all appeals, the Receiving

Party may retain at its outside counsel of record in its case documents, things, copies and
samples to the extent they include or reflect the receiving attorney's work product. Such
outside counsel may also retain a complete set of all documents filed with the Court in
this action and all depositions and exhibits thereto. With respect to any such retained
material, this Protective Order shall survive the final termination of this action to the
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extent the information in such material is not or does not become known to the public and
continue to be binding upon all persons to whom CONFIDENTIAL INFORMATION or
AEO INFORMATION is disclosed hereunder.

Within thirty (30) days of final

termination of this action, including all appeals, if a Producing Party requests that the
Receiving Party do so, all copies and samples of material produced in these actions,
including materials designated "CONFIDENTIAL MATERIAL" or "CONFIDENTIAL"
or "ATTORNEYS' EYES ONLY" and any other summaries, abstracts, excerpts, indices
and descriptions of such material and information derived from such material that are
recorded in any tangible form, (1) shall be assembled (except for any that may be retained
by the Court) and returned to the Producing Party's counsel, along with a certification in
writing that all such materials have been returned; or (2) the Receiving Party may
alternatively destroy all such materials and certify in writing the destruction thereof.
Accordingly, if a Producing Party has requested return or destruction, upon final
termination of this action, no one, other than outside counsel of record in this case as
described herein, shall retain any copies or samples of any material designated
"CONFIDENTIAL MATERIAL" or "CONFIDENTIAL" or "ATTORNEYS' EYES
ONLY."
18.

The restrictions and obligations set forth herein relating to material

designated "CONFIDENTIAL MATERIAL" or "CONFIDENTIAL" or "ATTORNEYS'
EYES ONLY" shall not apply to any information which: (a) the Parties agree should not
be

designated as

"CONFIDENTIAL

MATERIAL"

or "CONFIDENTIAL" or

"ATTORNEYS' EYES ONLY"; (b) the Parties agree, or this Court rules, is already
15

3992715v2

public knowledge; (c) the Parties agree, or this Court rules, has become public knowledge
other than as a result of disclosure by the Receiving Party, its employees or agents in
violation of this Protective Order; or (d) has come or shall come into the Receiving
Party's legitimate knowledge or possession independently of the production by a Party
under conditions such that its use and/or public disclosure by the Receiving Party would
not violate some obligation to another. The burden of proving prior knowledge is upon
the Party asserting such prior knowledge. Such restrictions and obligations shall not be
deemed to prohibit discussions with any person of any material designated
"CONFIDENTIAL MATERIAL" or "CONFIDENTIAL" or "ATTORNEYS' EYES
ONLY" if that person already has or obtains legitimate possession thereof.
19.

Nothing in this Protective Order shall bar or otherwise restrict any attorney

herein from rendering legal advice to the attorney's party-client with respect to this
action, and in the course thereof, relying upon an examination of "CONFIDENTIAL
INFORMATION" and/or "ATTORNEYS' EYES ONLY"; provided, however, that in
rendering such legal advice and in otherwise communicating with the party-client, the
attorney shall not disclose any "CONFIDENTIAL INFORMATION" or "ATTORNEYS'
EYES ONLY INFORMATION" to anyone not authorized to receive such information
pursuant to the terms of this Protective Order.
20.

Unless certain Parties do not propound written discovery on each other and

agree not to exchange discovery materials with those particular Parties, any Party who
produces materials in any of the above-captioned actions shall make duplicative
productions to all Parties in the cases for which discovery has been consolidated.
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21.

All Receiving Parties who receive materials marked "CONFIDENTIAL" or

"ATTORNEYS' EYES ONLY" from a Producing Party who is not a Party in an action to
which the Receiving Party is a Party (and thus has only become privy to such documents
or things by virtue of being a the consolidation of discovery in the above-captioned
actions) shall treat materials marked "CONFIDENTIAL" or "ATTORNEYS' EYES
ONLY" by Producing Parties who are not litigants in the Receiving Party's matter(s) as if
all of those materials were designated "ATTORNEYS' EYES ONLY" under the terms of
this Protective Order. This provision shall not, however, apply to Receiving Parties who
obtain documents from Producing Parties with direct involvement in the facts at issue in
their lawsuits even if the Producing Parties are not themselves Parties to their lawsuits.
22.

Documents and things produced by any third-party Signatory to this

Protective Order in response to a subpoena or otherwise shall be used solely for the
action(s) in which they are produced and in accordance with the terms of this Protective
Order, unless the third-party signatory otherwise agrees.
23.

Attorneys for Parties to any of the above-captioned actions may attend and

participate in depositions in any of these actions, provided, however, that attorneys for
Parties that have expressly agreed not to exchange documents, in whole or in part, shall
treat portions of the deposition during which time documents that were not exchanged
between the Parties are the subject of the deposition as "ATTORNEYS' EYES ONLY."

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24.

This Protective Order may be executed in counterparts and by facsimile,

with all counterpart and facsimile signatures deemed to be part of one document.
IT IS ORDERED.

Dated June 14, 2011.

BY THE COURT:

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3992715v2

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF SOUTH DAKOTA

SOUTHERN DIVISION

EXHIBIT A

UNDERTAKING OF _ _ _ _ _ _ _ _ __

STATE OF

)

COUNTY OF

)

ss:
I, being duly sworn, state that:
1.

My present

address

IS

_ _ _ _ _. My present

employer is

_______, and the address of my present employer is _ _ _ _ _ _. My
present occupation is _ _ _ _ _ _ _ _ _ _ __
2.

I have received a copy of the Protective Order in this action.

I have

carefully read and understand the provisions of the Protective Order.
3.

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

in confidence, will not disclose to anyone not qualified under the Protective Order, and
will use only for purposes of the above-entitled action, any CONFIDENTIAL
INFORMATION, including the substance and any copy, summary, abstract, excerpt,
index or description of such material that is disclosed to me.
4.

I will return all CONFIDENTIAL INFORMATION that comes into my

possession, and all documents and things that I have prepared relating thereto, to counsel
for the Party by whom I am employed or retained or from whom I received such material
when requested to do so.

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3992715v2

5.

I understand that if I violate the provisions of the Protective Order, I will be

subject to sanctions by the Court, and that the Producing Party may assert other remedies
against me.

I hereby submit to the jurisdiction of this Court for the purpose of

enforcement of the Protective Order in this action.

Subscribed and sworn to before
me this _ day of
,2011.

Notary Public

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3992715v2

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF SOUTH DAKOTA

SOUTHERN DIVISION

EXHIBIT A

UNDERTAKING OF _ _ _ _ _ _ _ _ _ _ __
STATE OF

)
) ss:
COUNTY OF_-,

I, being duly sworn, state that:
1.

My present employer is

My present address is

_ _ _ _ _ _ _ _ _, and the address of my present employer is _ _ _ _ _. My
present occupation is _ _ _ _ _ _ __
2.

I have received a copy of the Protective Order in this action.

I have

carefully read and understand the provisions of the Protective Order. By signing below, I
certify that I am eligible to review both CONFIDENTIAL and ATTORNEYS EYES
ONLY material.
3.

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

in confidence, will not disclose to anyone not qualified under the Protective Order, and
will use only for purposes of the above-entitled action, any CONFIDENTIAL or AEO
INFORMATION, including the substance and any copy, summary, abstract, excerpt,
index or description of such material that is disclosed to me.
4.

I will return all CONFIDENTIAL or AEO INFORMATION that comes

into my possession, and all documents and things that I have prepared relating thereto, to

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3992715v2

counsel for the Party by whom I am employed or retained or from whom I received such
material when requested to do so.
5.

I understand that if I violate the provisions of the Protective Order, I will be

subject to sanctions by the Court, and that the Producing Party may assert other remedies
against me.

I hereby submit to the jurisdiction of this Court for the purpose of

enforcement of the Protective" Order in this action.

Subscribed and sworn to before
me this _ day of
2011.

Notary Public

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3992715v2

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF SOUTH DAKOTA

SOUTHERN DIVISION

EXHIBITB

ELECTION OF NON-PARTY TO PARTICIPATE IN PROTECTIVE ORDER
NAME OF NON-PARTY:

STATE OF _ _---'
) ss:
COUNTY OF
)

I, being duly sworn, state that:
1.

My present address

My present employer is

IS

_______, and the address of my present employer is ______- My
present occupation is _ _ _ _ _ _ _ __
2.

I have received a copy of the Protective Order in this action.

I have

carefully read and understand the provisions of the Protective Order.
3.

I hereby elect to become a Signatory to the Protective Order. Any

CONFIDENTIAL or AEO INFORMATION produced by me will be so designated in
accordance with the tenns of the Protective Order, and will receive the protections set
forth in the Protective Order. I will comply with all of the provisions of the Protective
Order. I will hold in confidence, will not disclose to anyone not qualified under the
Protective Order, and will use only for purposes of the above- entitled action, any
CONFIDENTIAL or AEO INFORMATION, including the substance and any copy,
summary, abstract, excerpt, index or description of such material that is disclosed to me.

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4.

I will return all CONFIDENTIAL or AEO INFORMATION that comes

into my possession, and all documents and things that I have prepared relating thereto, to
counsel for the party by whom I am employed or retained or from whom I received such
material when requested to do so.
5.

I understand that if I violate the provisions of the Protective Order, I will be

subject to sanctions by the Court, and that the Producing Party may assert other remedies
against me.

I hereby submit to the jurisdiction of this Court for the purpose of

enforcement of the Protective Order in this action.

Subscribed and sworn to before
me this
day of
,2011.

Notary Public

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