SEP. 4. 2009 4 :37PM

ELECTRONICALLY FILED

UNITED BTATES DISTRICT COCOUBT SOUTHERN DISTRICT OF NEW YORK

DAVID corn, I

SCOIT GREENBERG and GLOBAZ, B a r n

Plaintiff,

It appearing that the ptuties bareto, by and through their respective counsel, have

09-~~-3012-PKC (AJP) ECF Case

stipulated to the entry of the hllacving Pmtective 0rde1 purtuant to Fed. R Civ. P. 26(c),

lT IS HEREBY O R D W THAT:

1 a- ~ P r o e v e Ordm shall p v a any dooument, i n f d o n or other thing

which is designated as conBbhg "ConMential InfiDlmation" as d e W her&, and is

~edbyanypattyor~artyto~ypartyinco~tionwiththis actim.Theform

of information protected includes, but is not limited to, document~ and thlngs, responses

to requests to produce documc& or other things, responsas to intumgetories, responses

to rcqueste hr admi~iom, dspomtion testimony and exhiits, and aU copies, extracts,

summaries, compilations, designations and portion8 thereof.

2. OF CONFIPENTLAL XNEY3RMAnQPY

a, The tom "Cwfidential Informationn shall be hkqetd to include trade

Cohen v. Greenberg et al Doc. 21

Dockets.Justia.com

NO. 9031 P. 3

secreb, confidential and proprictaxy technical, resmh. or development i n f o d o n ,

txmmercial, ~ u 4 budgeting a d o r accountiag information, information about

existing and potmtial cutomem, marketing studia, p c r f o ~ c and projections,

businc88 strategies, hisions and/or negotiations, license agreemeots aod con6dmbd,

pmprietaiy and pdvete information about parties, affiliates, parents, subsidiarias, third

parties and employee6 wifiwkorn the parties to this d m hove had business

mlationahips,

b. The scope of tbh Protective Ordm shall be undrrstood to encompaee not

only those items w things which an expressly d&pted as Confidential M o d o n ,

but a b my infondon a v e d thu&om, and all copies, excerpts, and surmnaries

thereof, 89 well 89 testimony aud oral cowexeation derived t h d or relatad thereto.

3. -TION OF CONFIDE-RMAm

a Any infcnmaticm produced io this action that ia raasbnably believed by the

producing party to contain ConMential hhmation may be designated es

"CONFIDEN'IL4.L" or "RESTRICTED CONFIDENTIAL," as appropriate. Thc

&si&pdon "RESTRICTED CONFIDWTML" shaU bc limited to information

conccming third party mu-media or entutabment companiae and only that informcltion

that would ham the competitive position of tho producing p a a m m party if the

bhmation h m o n known to a p-n or party othex than the producing p m or party

other than ae permitted hereunder.

b. The designation of Confidential Information shall be made at the

following tima:

(1) For donrmmts and things, at the time of the production of the

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documents or things. However, in the event a producing person or party elects to

prodwe d o m d ;md things for inspection pursuant to FRCP. Rule 34Cb), M

designation need be made prior to the inspection. For purposes of the inspection,

all dacurncnt~ ehan be mmidcd R B S T R I ~ CONFIDENTIAL. Upon

request for copying, the producing pemm or party shall designate such documents

with the appmprisfc ~ d ~ a l i t y marking;

(2) For writtea responses to interrogatories or requests for admissions,

at the time of the written response;

(3) For declaratim and pleadings, at the time of the filing of euch

declaration or ploading (see 7 10.d) or as othmvias required by the Court;

(4) For deposition twdhony, at tbe time ofthe testimony (see 7 l0.b.)

or within 30 buainwa days after receipt by the deaiguatingparty of the lmmript

of the deponition; and,

( 5 ) For oral discloeurffs ( o h than dqodicin tsstimony) which am

the subject of 7 2.b. above, through codmution in writiog within 10 daya of the

disclorn thereof.

G. The &&&ion of Ooniidmtial Infannation shall be made in the

following marmer:

(1) For docum* by placing a legend on sech page of mda

do!nment;

(2) For tangible objects, by placing a label or tag on the objeot or the

container themfor, or ifnot @cable, aa otherwise agrced;

(3) For written rcpnaa to interrogatoria or requests for admissions,

in Writing m the relevant m p ~ ~ ~ e s and on the face of my euch responses;

(4) For declaration6 or pleadings, in writing in the declaration or

pleading and on the fa^ of any euch decWw or pleading;

(5) For deposiiions, following ttw procedure set fotth in 7 10.b. or in

writing within 30 days afta reaipt by the deeigwdng party of the tratrscript of

the depition: pending hignation by couusol. ths entire depmition W p i

inchding &'bite, MI be deemed designated RESTRICTED CONPIDBNXAL,

unless c.ound during the deposition designates the i h a t i o n

CONFJDE- ifno such dcaignstion is made within thirty (30) calendar daya

after receipt of tho tmDscript or during the deposition pursuant to 10.b., the

trwsorfpt shall be conaidawl not to wntain any Confidential Jnhndion; and,

(6) For otheo d disclosures, &rough conhation in wri* within

10 days of the disclosure.

d. It shall be the duty of the party seeking protection of Confidential

Informetion tb indicate to the OW party and its attorney of record wbich of the materials

and testimony are considered Confidantial IPformation.

e, Each party retab the right to subsaquently redesignate documents and to

rquire such doeumcnta to be treated in accord with such designations from that time

forward.

4. P p INFORMATION

a. A party shd not be obligated to challenge the propriety of a designation

4

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of ConMential h h m d o n at the time such designation ia W, and Mure to do so

shallnot preclude a subsequent challenge thereto. In the event that any party taka h e

with the designation of Contldantial information, such party shall so iutbrm the o t k

parties to this lawsuit by providing written notice, and dl pallpartics shall make good fsith

effortu to resolve the dispute.

b. In the avent that the parties arc unable to resolve tho dispute regarding

deeipution of Conddential Infodoa, the party disputing the designation may request

appmpriata relief h m tha Comt ten (10) busincss days after said written notice of its

disagreement. The burden of establishing that informafia has been properly designated

as Coddentid ot R d c t e d Codideatid i a on the party makiug such deeignation. T h i ~

document does not alter thc burdea imposed by law on my party sd&g to uphold any

limitation on the production or disseminatiau of m a t o d e .

r Counsel for a m-designating patty ahdl have the right to asssrt that any

information dedgmtcd Confidential Information is, in fact, in the pubtic domain. Any

information, wbich prior to disclosure h-, is eithef in tha possession or knowledge

of a nan-designating patty or ptrm who, absaut tbis Protcdim Order, is under no

d o t i o n with respect to the dissdnatian of such Cddeatial Infrmnation, or is public

knowledge or which, aftor disclosure, becomes public knowledgp othea than through an

act or omission of a paty meiving the information designated as Confidential

Information, shall be deemed to be in the public domain. A nondesignating party or

p o l l aaming that deeignated information is m the public domain shall, prior to my

disclosure (outside of the panmetem of this Protective Ordcr) of m h information

prevlouely designated as Confidential Infonnatiq either obtain the appmval, in writin&

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of the designating party, or the qrovnl of ths Court to make such disclosure and shall

specifically indicate why it believes that the designated inhmtion is m the public

domain.

d. If a n o n - M g patty ehallengcs the confidentiality, or c a t e w o n ,

of matEBial designated under this Pmtcetive Order, the designating pmon shall have the

burden of sstabliehing the d d d d nature of the materid and/or the proper

oategorimtion t h m t The ohallenged designation and categorization &dl mmin in

effect until changed by order of the Court or agreement of the deeiknating party.

5. I N A D m E N T PRODUCTION

a. The inadvatent pmduction of any privileged or otborwise protected or

exempted infomalion. as well as the inadvertant production of idomation without m

a p M a t e dcsigoation of confidentiality, shall not be deemed a waiver or impahmcnt of

any olaim of privilege or protection, including, but not limited to, the attomsyc1.ient

privilege, the protection affaded to work-pmduct materia4 or the subject mattu thereof,

or the d d e n t i a l nature of any such tnfmation, ee to the inadvutcntly produced

documrmt end any related matsrial.

b. The Prodwing Pm'ly must notify the Receiving Party p-mmptly. in writing,

npon discovery that a document has been inadvertently produced. Upon receiving writta

notice &om tha Producing Party that privileged md/orwork-pwhuX material has been

badvemntly produced, d wch infomtion, and all copies thereof, &alJ be returned to

the Rodwing Party within tsn (10) business days of meipt of such notica and the

Reooiving Party shall mt use Mrmation for any pwpose, except as provided in

pmagraph 5.0.. until f'urthu Order of the Court The receiving party Bhell also attempt, in

good faith. to retricvo and retwn or &troy all copica of the documents in electmnic

format.

c. If the Receiviq Party cont& the privilege or work-product deaigaation

by the Producing Party, the Receiving Party shall give the Producing Party written notice.

of the r o w for mid disagreement and shall be entitled ta retain one copy of the disputed

b d for w e in resolving the disputa The Fkeiving Fatty eball, witbin &en (15)

busim86 days from the initial notice by the Producing Pdy, seek an Ordm hrn the

Court compelling theproductiaa of the material. If no 6uch Order in sought, upon

expiration of the fiftfterm (15) day periodthen all wpia of the disputed document shall be

m e d in a c c o ~ e with this pantgraph. Any analyee, manoranda or notes which

w m internally genmted b a d upon m h inadvatently-produccd information shall

immediately be placed in sealed envelopes, and shell be deetroyed in the event that (a) the

ReceivingPartydoeanotmtaetthattheinfo~mispri~ or (b) theCourtn\les

that the idbnmtion is ptivileged Such analyses, memoranda or notas m y d y be

moved firom the eealed mvclopes and returned to its intdtd purpose in the cvcnt that

(a) the Producing Patty agrees in wriling that the infomation is not privileged, or (b) the

Comt rules that the infinmation i8 not privileged.

d In the event that the Producing Party notifies the Receiving Party that a

documant or thiog was produced without the qpmpriate confidentiality dosignation, tho

producing Party shall provide the Rcceivhg Party with replawnent copia of the

documents or things bearing the appropriate confidentiality designation Upon raceipt of

the replacemmi copies, the Receiving Party shall retrieve and return or deetroy all copies

of the previously produced documents or thin@.

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6. TO "C-ENTIAL" INlWRMATION

a. Awxs to information mruked "COWENTVLw ahall be limited to, nud

only to, the fallowing " q u ~ c d persons":

(1) outside attorney of recad to my party m mmction with this

action, and, if the atbmey of record is a member of a law hn, the employees and

etsff of the law firm (colltctivcly "OUTSIDE COUNSEL"), provided that before

any m h persim is permitted sccese to any of the Confidmtial krfonnalion, such

pmson shall be informed ofthe existence and wnmte of this Pmtcctive Or@

(2) mganizations rctnined by OUTSIDE COUNSEL to provide

litigation q p r t saviccs in this action,.pvided that More any such p o n is

permitted accoss to any of the Con6dcatial Info~rnation, such pmon shall be

idnmcd of the oxistemce and contants of this Protmtive Order;

(3) independent q e r Q and consultent6 retained in this action by

OUTSIDE COUNSBL, in so far as OUTSIDE COUNSEL may dam it necessary

for the prepardion or trial of this case to consalt with such experts or consnltmh,

@ed !&at any such actual or contemplated expert m consultant is not an

rmrploy# of the partic9 hereto or their respactive counsel and the mditions eet

forth id 7 8 are fulfilled in relation to any suoh aetd or contemplated c q a t or

c(,nsultallt;.

(4) the Cod, its personnel and m y court r a p o m involved in taking

or trmcrii testimony in thi~ action;

( 5 ) such other per~w as hereafter may be designated by written

agreement in this action or by order of the Court; d,

(6) each individual that ia a named pmty to this action and one

deaiguakdpersan rqrresenting Global Beehive provided that each person fulfills ths

canditions set forth m 7 8.

b. All mat& containing Conlidential Infordonmarked

"CONFIDENTIALn shsll be maintained at a location and u n d ~ circumstances to ensure

that accsss is limited to those pmons antitled to have access unde this MWve Order.

7. b TIO

a Aecess to i&amtion m k e d 'WSTRICl'ED CONFIDENTIAL" shall

be Mcd to, and only to, the "qualified perms" identified in 7 6.a,(l), (2), (3). (4) end

(5) with the disclosure to the indep~lldsnt experts and wnsultants specified in 6.8.(3)

being govmed by the procedure set fo!th below in 7 8. Ifclrcumstanccs require the

designation of diffaent ppasons pumitted actas8 to "RESTRICTED CONFIDENTIAL."

infonnaton as this abovc+aptioned action pmgreasce, my euch designation shall be

eithor by w r i h sgreement of the Wea or by order of the Court.

b. AU matmil mntahhg &mfidedal IuformatMn marked "RESTRICTED

CONFIDENTIAL" shan ba maintained at a looation and lmda circumstances to enduro

that access is limited to tho& persans entitled to have access underthie Protective Order.

8. DJfjQ&jURE TO EXPERTS. IN-HOUSE PERSOMYEL

a Each independeat eorperl and consultant referred to inn 6.a.Q) hersof to

whom Confidential Infarmation is to be @van, &own, disclosed, made available or

wmmunicated in any way, ahall first srcoute a declaration. in substantially the form

attached hereto as Exhibit A, agreeing to be bound by the terms of this Protective Order.

b. At least ten (10) businw days prior to the receiving party giving,

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showiqg didosing, making available or c~mmunicating Confidential I rhmt ion to any

expert or consultau4 themwiving party nhall deliver to all other partiee a copy oftfie

declaration sipcd by the p o n ts whom Con6htid Informiition is proposed to bc

didoscd m d a m e , cmicnhun vitae or a M p t i o n setting forth the person's (i)

name, (ii) mid- and office addresses, (iii) pmmt employer, job title and job

description, (iv) any consall&@ activitiw, (v) any relationship to the p d w to this d o n ,

and (vi) a briefjob history for the past h e (5) years. Disclosures undex 7 Il.b.(iv)+) am

not required for persona designated &er 7 6.a.(6).

c. Any other party shall be entitled to object to such disclosure to an expen

or consultnut within ten (10) business days aAer service of the deckation by stating

specifidly in writing the reasons Pvhy that party obj- to such disclosure.

d. In the eveat of such an objection, no disclogllre of Confiddal

Infonuation shall be made to m expert or consaltant for a paiod of ten (10) busines

days Mowing the date of senrice of the objection, in order to pbrmit the objecdngprnty

to move for an d a that discloeure not be made to euch an expert or c o m u l ~ ar be

made only undw cattain wnditions. The objecting parly &all seek pmu~llt to the

W s Scheduling Ordq to have the dispute heard by the Court as soon aa precticable.

If no such motion is mede in such time and manner, Coafidential I n f o d o n may be

di%losed to mch an expert or d t a n t for the purposes and upon the conditions herein

stated If arch a motion is made, thae W bc no disclosure to such nu axport or

consultant until the Court hae ruled qon the motion, and then only in eeoadmce with

tho ruling 60 made. The filing and pendency of such motion shall not limit, delay or defer

any disclorn of thc Confidential Information to persons m to whom no such objeotion

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has bean made, nor shall it delay or defer any other pending diacavrry unless the level of

coddmtiality beam diroctly on the objecting party's ability to ccmduct such discovery.

9. 9

a Coniidrmtd I n f o d o n disclosed pursuant to this Protective Order &dl

be used only for purpc#les of thifi litigation and W be protected fiom any uuauttmizu3

or undated w.

b. The rcoipicnt of any Codidadial I n f o d o n hereby agwa to subject

bimselfbmlfto the jurisdiction of ihie Court for the purpose of any proceedings related

to the performance under, compliamx with or violation of .this Protective Order.

a. The recipient of any Confidaafid M ~ o n that is provided under this

Fmtectlve Order ahall exercise Ib ssme stendwi of due and proper care with lsspact to

the storage, custody, uee andlor disscmhtbn of Buch infiormaton ss is exercised by tho

recipient with respect to its own propietray infbrmation, but in no event 1- than

reasonable care.

10. USE OF C O N M D ~ R M A T I O N IN CONDUCT OF TIUS A!xum a ~n6deutial khmatirn may be used by the attorneys; of memi in good

faith in oonduding diacovcry, provided that tho Confidential hibrmation is protected

pmuent to ibe terms and wnditiw of thia Protcctiw Order.

b. At any dopodtion session, upon any inquiry with regard to the content of a

document d d "CONPIDENTIAT,," or "RESTRICTED CONFIDENTIAL," or when

o o d for a person (party or nonpaty) docma that the answer to a question may r d t in

the discl~ure of Confidential Wormation of his or har client within thc meaning of thir,

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Protective Order, counsel for the pawn whoae i n f d o n i6 im,olval, at his or h e

option, may direct that the q d o n and m e r be kmcribcd 6-ly from the

mainder of the deposition and be placed in a scaled avelope m d e d in the mauucr set

forth in 1 10.d h f . When such a directiw has beea given, the disclorn of the

tcstlmonyshallbclimitcdinthermmnea~edid~68hercof, tmdtheiafiation

wntained th& shall not be wed for any purpose other than aa provided in this

htcFtivo Order. C~olmssl for tht person whose Cadkldal Information is involved may

also request tb! all pcmm other than the reportca', c o w l and individuals authorized

under fl6-8 hereof leave the deposition room during the confidential portion of the

deposition 16e MIJIB of such other p o n s to comply with arequest to leave the

dbpodtla shall consdtute sub6$mtial justifioation for counsel to advise the witnws that

he or BhC 4 not answer the question

c. Notwitbtauajng rbs partics' 8esigmtion of ~ d a m i a l I a f d o n , my

murt hearing w&ich r e h to or dem'bes Contidantial Information shall in thc WB

d i d o n be held in opm court with mrds unsealed unless thae ie a p i 6 c

unde law that confidentiality is requind The disclosing party has the option to

thst the proc#ding shall be conduotcd in camrra, out of tbe pmmce of all unqualified

persons, and my ~ p t ~ thetulu ahall, subject to the Court's approval, be

designated se wnfidential.

d. All infomation dcaiphd as Confidential Infonnaiicm which ia filed or

lodged with the Court shall bc filed or lodged in etaled melopes on which shall be

affixed a cbpy of the cover page of the docwnent contained therein. The cover page shall

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Protective Order rn applicable only to the use of Confidential Jnforma!ion r d v d by a

pnrty h m anothct party or &rm a wnparty. A party is fke to do whetever it desires

with its own C d d e h d lofomation.

12. B I B L E DISCLOSURE

a Nothing in this Protective Order ahall preclude any pazty to the lawwit,

their attorney or any other pmon b m disclosing or using, in any marme or for any

purpose, any information or doouments not obtained in discovary in this lawsuit, if such

i n f o d o n is lawfWly obtnined &om a third party having the right to disclose such

inhmtion, won though the 6ame information or copica of the same dcamemts may

have been p m d d in b v a y in tbh lawsnit and designated as GmWntial

Infomation.

b. Nothing in & Protective Ordm &hall preclude my party to the lawsuit or

its attorney (a) from &owing a document designated as Con5dmtial Xafonnation to an

individual who prepared or & ~ c d 8 docummt, or @) h m disalasing or using in any

manna or for any puqme in this litigation, the paQ'6 own infinnutinn or d o c u m d

which the pm itselfhas deaiepated aa C-tial Iufcmnatiun, or (c) &om ahowing a

document designated es C d d & I n f o d o n by a disclosing party to an individual

who is a current ~~~@oyee, officer, d.ifector or wilnm Dstifying on babalfof the

discl* patty.

13. m G ADVICE TO CLIENTS

Nothing in this Protective Ordm shall bar or othsrwise reshiet any attorney ftom

mdering advim to his clieat with respect to this litigation and, in the course of rendering

advice, refaring to or relying gmdy on the aramioation of confidential InfbWiau

S E P . 4. 2009 4 :41PM

include the words "CONFIDENTIAL" or "RESTRICTED CONFIDBNTIAL" as

appropiam and a legend substamially in the following form:

This sealed w ~ ~ d in this me, CQHEN v. GRBENBWG, et al., 09-CV-3012

(PKC), con& ccddential materials g d y iddfied as rCONFID-' or

"RESTRICTm) CONFIDENTIAL"] pursuant to the Protective Ordain this case. This

envelope shall not be opened nar the contanis thereof revcalcd except by the Cow-&

includiq can t p d as necessary fbr handling of the math, or au direcud by

iiuther Order ofthe Court. Mer any such openina or revelation, the envelope shall ba

resealed with the matents b i d e . If the Court clerk &dl rehe to lodge or file a sealed

pleadlng or memorandum, the party to file ot lodge the ploading or

memcnnndum shall not be prejadiotd h m refiling an uusealed v d o n of the pleading or

m e m d u soon aa renmmbly practicable, and seeking to have euob pleading or

memmdum sealed through a mdon. Upon default of the filing or lodging p a q to

properly designate Conedemtial Infmmation and fils or lodge suoh information in

mw&ce with tbia M o t i v e Order, any party who in good faith believes that

deai@m and e g uudar seal is required may do so within ten (10) day of laming of

the defective m g or lodging. Notice of sucb de&nation Wl be given to all pihtics.

e. In &e event that any Coddential Information i s wed in any court

pmcasding in amncctim with this litigation, it shall not lose its Confidential Inhutkm

status through euch use, and the parties shall take all steps rtssonably required to pproteot

ita d d d a l i t y during such use.

11. PARTY'S OWN INFORMATIOE

The &ctiom on the use of Confidential Intomation established by this

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produc J or exchanged: provided. however, that in mduhg such advice and in

o t h h m m u n i a with hia client, the attorney dhsll not disclosc h contmts of

any Wdontial Information ptoduced by another party if that disdosure would be

conlmy to the terms of this P m t d v c Order.

14. NO W m

Other than as spscificd herein, t h e w of or the Mure to take my action to

Blforce the provisions of this Protective W, or the failure to object to any designation

or any B U C ~ action ar omiwion, shall not constitute a waivex of any right to Bssk and

obtain pmtectim or relief in this action or any other action, such right including, but not

limited to, the right to claim that my infomndon is or b not propnetmy to any pady, is

or is not ontitled to particular protection or that such information does or does not

embody trade secrete of any party. Thc pcedares set fbrth her& shsll not a@& the

rights of paaiea to object to &wvery on ~ m d e other than those related to trade secnts

or proprietaq informatiion claims, nor shall it relieve a party of the necebaity of pmpa

regponse to diewvery devices.

15. W B A T I V E VALm

This Protective Order &all not ahgate or dimhi& any contractual, statutory or

0 t h legal obligation or right of any party or person with q e c t to my Confidential

hbuation. 'Ihe fact that infomation is desi-d "CONFIDENTIAL" or

nRESTRICTED CONFIDENTIAL" under rhis Protective Ordesshall not be deemad to

be dstsrminstive of what a trier of kt may detamine to be wnMentia1 or pmprietaiy.

This Rutectiw Order shall be without prejudice to the right of any party to bring b e h e

the Coml the question off (a) whcther any particular material is or i$ not coMdenW, (b)

SEP. 4. 2009 4 :42PM

whether any partidar i a f d o n or material is or is not bntitled to a greater or laser

degree of prowti011 than provided haeundar, or (c) whelher any particular information

or material is o r b not r e l m t to any isme o f this caw, provided that in doing so the

party compliw with the foregoing praccchaeg. h t a ~tipulation of all partiw, the fkt

that inkmation has been designated "CONFIDINTUL" or "RESTRICTED

CONFIDENTIAL" under this Rotective Order l d not be admis&le h h g the trial of

this action. The fact that any information ie dieclosed, used or produced in dixovmy or

hial herein shall not be canstruod adndssi, or offered in any action or proceeding

before any wut, agency or tribunal ss evidcmca of or coneeming whether or not such

inbmation is coddentialm proprietary.

16 p

a. Within 30 days of the final dispositicm of the above-entitled we, whsther

by judgment and exhaustion of all appaals, or by settlenent, the attmneys of recoid:

(1) Shall destroy or nhrm to the disclosing party, or its attorney of

remrd, the ConMential Information in their posscssiaq custody or control M in

the posssssion, cuetody or Cnm1 of iiv2k sw

(2) Shall insme that all the Ch5dmtial Insormation in the poescssion,

custody or control of their apetts and consultants is destroyed, or retuned to the

disclosing pruty or its attorney of record;

(3) Shall W o y ell not=, memoranda or otha documents which

wntain exwpm ftom any of the Confidential I n f o d o n ; and

(4) Shall deliver to the disclosing party, or it6 attorney of mrd,

SEP. 4. 2009 4:41PM NO. 9031 i'. 18

written d d o n that there has been complimce with the tams of this

para~rsph ox that thae has not been compliance and the reason for such

noncompliance, upon receipt of which the disolosing party may make application

to the Court ht such M a order as may be appropriate.

b. Notwithatamling thc fotegoing, one designated outside attomey of recod

for each party may msintilin in its files one copy of each adavit, affirmaon,

ceitifidon, declaraiion, bri4 reFord on appeal, ~mtice of motion, degosition hamoript

h i i t to a deposition or &davit (OI the like). exhibit at a k a h g or !m& pleadinp,

diecwcry requcst, stipulation. oomepondence belwe8r.1 counsel for the pmtiee to this

action, written response to a discovery reqmt, document filed with the Court, and ww

trmcript h this action, o d t i u g of or mtaining Mdcntial Information.

17. E 1 RDEB

This PmtGctive Orda shall m i v e the final conclusion of me adion and the

Court have jurisdiction to eafom this Protdve (hdea beyond the conclusion of

thi~ acdon.

18. ~ O D X F I C ~ OR TRIs PROTECTIVE ORDEB

a. T b Rotztive Ordn is without prejudice to the right of any producing

pa& to seek r e l i d h the Court, upon good cauw shown, &om any of the provisions

contained herein.

b. In the avant any party heseto necks acourt orda that in any way seeLs to

vary the t e m a of ibis Protective Order, said party shall make such requeat in the kam of

a written stipulntion or noticed motion to all parties that mt ba w e d md filed in

~ccordance with local court rules.

PASHMAN 5TElH O L I . 'tl I V Y J > : v t r m

STIPULATED AND A m TO:

P.C. /

/ By: . ,' smwl srmms Em.

SEP. 4.1009 4:42PM NO. 9 0 3 1 P. 2 0

S E P . 4.2009 4:42PM NO. 9 0 3 1 P. 21

IN THE UW'ED STATES DISTRICT COURT FOR TIIE SOUTHERN DISTRICT OF NEW YORK

DAVID COHEN. I SCOTT GREENBERO end GLOBAL BBBHNE,

Plaintiff,

Defendants. 1

09-cv-3012PKc (AJP) ECF Case

1, declsre that:

1. My addressis .d

tho name and addrw of my prewh emplow is

2. My prcsart ocoqation or job demiption is

- - - - - -

3. In addition tD my other job functions, I am woddng as a wmultaut to

5. 1 have meived a copy of the StipulatcdProtective Order (the "Protective Osder'3

in this action.

S E P . 4.21109 4:41PM NO. 9 0 3 1 P. 2 2

6. I have carefully read and lmderstand the provisions of the Protective Order, a w e

to be bound by it, and qxdically a g ~ e 1 will not use or disobm ~o anyone my of the

oontents of any Confidential hfomation iccbivcd under the protection of the Pmteotive

Ordm in violation &emf

7. I understaud that I am to retain dl copies of any of the materials that I receive

which have been so designated as Oddontiat ~ 0 0 in a ccntain~, cab%

drawer, mom or other safo place m a mmm consisteal with the Protective Onlen md

that all copies are to remain in my cnstody until 1 have completod my asdgned or legal

&tics. I will rehun all confidential &cmmts and things which came into my possessh

or which I have prepared relatlag thereto, to come1 far the party by whom I am retained.

I acknowledge that such renun or the subsequent dmtruction of such mattrials ehall not

relieve me h m any of the urnthing obligation6 imposed upon ma by the Pmteutive

Or&.

8. I conseat to the exeruiae dpersotlal jwisdiction by this Court in connection with

this Decleratim and my obli@ons under the Protective Order,

9. 1 declare under penalty of p e j w andn the lam of the State of New Yo& thnt

the fbregoing is true and come%

Executed this d a y of ,200- at

inthe St- of

By: (SIGNATW)

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK

-against- ADDENDUM ORDER

REGARDING THE S c o ~ Gkc-fulW"; CONFIDENTIALITY OF

GL@'(L aci./llu& DOCUMENTS AND INFORMATION

Defendant(s). ..

This Addendum Order is an integral part of an Order entered today

governing the confidentiality of documents and other things. Notwithstanding any other

provision in the Order or agreement of the parties, no document may be filed under seal

with the Clerk of Court without a further Order of this Court entered upon an application

addressed to the specific document or documents sought to be sealed; such application

shall be made accompanied by affidavit(s) or declaration(s) and a memorandum of law,

demonstrating that the standards for sealing have been met. Lu~osch v. Pvamid Co.

of Onondaga. 435 F.3d 110, 119-120 (2d Cir. 2006).

Without hrther application to the Court, a party many make the redactions

authorized by Rule 5.2(a), Fed. R. Civ., subject to the limitations and procedures set forth

in other subdivisions of the Rule.

SO ORDERED. /f~@& P. Kevin Caste1

United states District Judge

Dated: New York, New York September 9, 2009