On December 10, 2020 a
Exhibit,Appendix
was filed
involving a dispute between
Patsy Young,
and
Aventis Inc.,
Avon Products, Inc.,
Block Drug Company, Inc.,
Block Drug Corporation,
Brenntag North America, Inc.,
Brenntag Specialties, Inc. F K A Mineral Pigment Solutions, Inc.,
Charles B. Chrystal Company, Inc.,
Chattem, Inc.,
Colgate-Palmolive Company,
Cyprus Amax Minerals Company,
Cyprus Mines Corporation,
Glaxosmithkline Llc (Sued Individually And As Successor-In-Interest To Block Drug Corporation, Successor-In-Interest To The Gold Bond Sterilizing Powder Company A K A The Gold Bond Company And As A Successor-In-Interest To Novartis Corporation And
Novartis Consumer Health Inc.),
Gsk Consumer Health, Inc. F K A Novartis Consumer Health Inc. F K A Ciba Self-Medication, Inc.,
Insight Pharmaceuticals Corporation, A Subsidiary Of Prestige Brands Holdings, Inc.,
Insight Pharmaceuticals Llc,
Macy'S Inc. F K A Federated Department Stores, Inc.,
Novartis Pharmaceuticals Corporation,
Prestige Brands Holdings, Inc.,
Prestige Consumer Healthcare Inc. F K A Prestige Brands, Inc.,
Sanofi-Aventis U.S. Llc,
Sanofi Us Services, Inc.,
Whittaker Clark & Daniels, Inc.,
for Torts - Asbestos
in the District Court of Erie County.
Preview
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF ERIE
PATSY YOUNG, CONFIDENTIALITY
STIPULATION AND
Plaintiff, PROTECTIVE ORDER
Index No.: 815818/2020
-vs-
AVENTIS,INC.,etal. Assigned Justice: Hon. Deborah A.
Defendants. Chimes, J.S.C
It is hereby stipulated and agreed by and between the parties hereto, namely Plaintiff,
PATSY YOUNG, and Defendant, INSIGHT PHARMACEUTICAL S LLC ("Insight"), through
their respective counsel, and it is hereby ORDERED by the Court that:
1. As a result of this lawsuit, the parties anticipate that Defendant, Insight, will and
may produce documents and/or information that include Defendant s trade secrets or otherwise
confidential and proprietary information. In recognition of Defendant's need for confidentiality
and of the parties' need to conduct and complete discovery in this action in order to evaluate and
prepare this case, the parties hereto have entered into this Stipulation.
2. This Stipulated Protective Order shall apply to all information and materials
disclosed by Defendant, during the course of the above-captioned litigation that constitute or
contain: (i) trade secrets as defined in the Uniform Trade Secrets Act; or (ii) any non-public
confidential or proprietary business or commercial information (collectively referred to as
"Protected Information ) of Defendant.
3. Documents or other tangible Protected Information shall be designated as
"CONFIDENTIAL" by: (i) the placement of a stamp or marking of that word on each relevant
page of the document or material containing the information so designated; (ii) in the case of
digitally-produced files, in the name of the file itself; or (iii) in the case of a tangible items, on the
face of the tangible item, if practicable, or by delivering to the party to which disclosure is made,
at the time of filing, disclosure or production, written notice that such tangible item is
"CONFIDENTIAL." Such designation may be in the form ofawatermark but shall not interfere
with the legibility or readabllity of the subject document or page thereof.
4. Any party, entity or person receiving any "CONFIDENTIAL materials and
information shall use such materials and information solely for the purpose of preparing for and
conducting the above-captioned litigation, and not for any business, commercial, competitive or
other purpose. Each person, other than the court or officials of the court, or the attorneys for the
parties entering into this stipulation and protective order, given access to the Protected Information
pursuant to the terms hereof shall, prior to being given access, (i) be advised that violation of the
terms of the Order (by use of the material for business purposes or in any other and impermissible
manner) will constitute contempt of a court order, and (ii) sign and date an Acknowledgment and
Consent, in the form annexed hereto as Appendix A, stating that he/she has read this
Confidentiality Stipulation and Protective Order and agrees to be bound by the terms hereof.
Counsel for Plaintiff will be responsible in ensuring that Appendix A is signed by all required
individuals as stated in paragraphs 4 and 5 of this Confidentiality Stipulation and Protective Order,
before the disclosure of any CONFIDENTIAL documents. The signed Appendix A will remain
in the possession of counsel for Plaintiff and not to be disclosed to any other Defendant(s) and/or
parties.
5. Any and all materials designated as "CONFIDENTIAL" and all information
derived therefrom shall not be disclosed to anyone other than:
(i) the Court and employees of the Court;
(ii) those directors, officers and employees of the parties to this action who are
actually involved in the prosecution or defense of this action;
(iii) counsel of record to the parties to this action, co-counsel of record, and the legal
associates, paralegals and clerical or other support staff who are employed by such
counsel and are actually involved in the prosecution or defense of this action;
(iv) experts or consultants retained by the parties or their counsel to assist in the
prosecution or defense of this action;
(v) court reporters or videographers;
(vi) witnesses at trial; and
(vii) witnesses at deposition.
6. Any inadvertent failure to designate documents as "CONFIDENTIAL" at the time
of production or disclosure shall not operate to waive a party's right later to designate such material
or information as "CONFIDENTIAL." Once such a designation has been made, the relevant
document or testimony, and the information contained therein, shall be treated as
"CONFIDENTIAL" in accordance with this Stipulated Protective Order.
7. All depositions or portions of depositions taken in this action that contain
confidential information may be designated "CONFIDENTIAL" and thereby obtain the
protections accorded other "CONFIDENTIAL" documents. Confidentiality designations for
depositions shall be made either on the record or by written notice to the other party within thirty
(30) days of receipt of the transcript. Unless otherwise agreed, depositions shall be treated as
"Confidential" during the 30-day period following receipt of the transcript. The deposition of any
witness (or any portion of such deposition) that encompasses Confidential information shall be
taken only in the presence of persons who are qualified to have access to such information.
8. To the extent that any documents or information designated "CONFIDENTIAL
are produced before this Stipulated Protective Order is signed by the Court, the parties signing
below agree that the terms hereof shall be binding in the interim, and that this Stipulated Protective
Order may be enforced by any party as though it had already been Ordered by the Court.
9. Counsel for Plaintiff reserves the right to seek an order or other recommendation
compelling the non-confidential/privileged production of said documents in this case. Counsel for
Plaintiff also explicitly reserves the right, in this case, to seek an order or recommendation that
said documents are not subject, in whole or in part, to the trade-secret privilege and/or should not
be marked confidential.
10. No action taken in accordance with this Confidentiality Stipulation and Protective
Order shall be construed as a waiver of any claim or defense in the action or of any position as to
discoverability or admissibility of evidence.
11. Any party to the action who has not executed this Confidentiality Stipulation and
Protective Order as of the time it is presented to the Court for signature may thereafter become a
party to this Confidentiality Stipulation and Protective Order by its counsel's signing and dating a
copy thereof and serving copies of such signed and dated copy upon the other Parties to this
Confidentiality Stipulation and Protective Order. Counsel for each such party will be responsible
in ensuring that Appendix A is signed by all required individuals as stated in paragraphs 4 and 5
of this stipulation, before the disclosure of any CONFIDENTIAL documents. The signed
Appendix A will remain in the possession of counsel for each such party and not to be disclosed
to any other parties.
12. This Confidentiality Stipulation and Protective Order may be executed in
counterparts. Where convenient for the parties to do so, the signed signature pages may be
electronic or facsimile transmissions. Signatures of the parties transmitted in this manner shall be
deemed to be their original signatures for all purposes.
It is so stipulated.
7/14/22
Dated: _, 2022 BENNETT SCHECHTER ARCURI & WILL, LLP
By:
Robert J. Mullins, II, Esq.
Jenna E. McDonnell, Esq.
Attorneys for Defendant
INSIGHT PHARMACEUTJCALS LLC
701 Seneca Street, Suite 609
Buffalo, NY 14210
Dated: 7/11/22 ,2022 SIMON GREENSTONE PANATIER BARTLETT,
P.C.
By:
Sean Kerli
Attorneys for Plaintiff
PATSY YOUNG
1201 Elm Street, Suite 3400
Dallas, Texas 75270
LIPSITZ, PONTERIO & COMERFOJUVtLC
By:
J^jxt'omerford, Esq.
Attorneys for Plaintiff
PATSY YOUNG
Office and P.O. Address
424 Main Street, Suite 1500
Buffalo, New York 14202
SO ORDERED:
Hon. Deborah A. Chimes, J.S.C.
Hon. Edward Pace, J.S.C.
APPENDIX A
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF ERIE
_____________________________________________
COMMITMENT OF QUALIFIED
PATSY YOUNG, RECIPIENT PURSUANT TO
CONFIDENTIALITY
Plaintiff, STIPULATION AND
PROTECTIVE ORDER
-vs-
Index No.: 815818/2020
AVENTIS, INC., et al.
Defendants.
_____________________________________________
Acknowledgement and Consent
I , __________________________, hereby certify that I have read the foregoing Confidentiality
Stipulation and Protective Order. I agree to be fully bound by the Confidentiality Stipulation and
Protective Order, and I hereby submit to the jurisdiction of the Supreme Court of the State of New
York for the County of Erie for purposes of enforcement of the Confidentiality Stipulation and
Protective Order. I understand that any violation of the terms of this Confidentiality Stipulation
and Protective Order shall be punishable by relief deemed appropriate by the Court. Furthermore,
I understand that, upon direction from the party or person from which I receive the
“CONFIDENTIAL” information or material, I shall return to counsel for the providing party or
person all “CONFIDENTIAL” information or material, including all copies, prints or other
reproductions of such “CONFIDENTIAL” information or material.
Dated: _____________, 2022
By: ________________________________
6
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SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF ERIE PATSY YOUNG, CONFIDENTIALITY STIPULATION AND Plaintiff, PROTECTIVE ORDER Index No.: 815818/2020 -vs- AVENTIS,INC.,etal. Assigned Justice: Hon. Deborah A. Defendants. Chimes, J.S.C It is hereby stipulated and agreed by and between the parties hereto, namely Plaintiff, PATSY YOUNG, and Defendant, INSIGHT PHARMACEUTICAL S LLC ("Insight"), through their respective counsel, and it is hereby ORDERED by the Court that: 1. As a result of this lawsuit, the parties anticipate that Defendant, Insight, will and may produce documents and/or information that include Defendant s trade secrets or otherwise confidential and proprietary information. In recognition of Defendant's need for confidentiality and of the parties' need to conduct and complete discovery in this action in order to evaluate and prepare this case, the parties hereto have entered into this Stipulation. 2. This Stipulated Protective Order shall apply to all information and materials disclosed by Defendant, during the course of the above-captioned litigation that constitute or contain: (i) trade secrets as defined in the Uniform Trade Secrets Act; or (ii) any non-public confidential or proprietary business or commercial information (collectively referred to as "Protected Information ) of Defendant. 3. Documents or other tangible Protected Information shall be designated as "CONFIDENTIAL" by: (i) the placement of a stamp or marking of that word on each relevant page of the document or material containing the information so designated; (ii) in the case of digitally-produced files, in the name of the file itself; or (iii) in the case of a tangible items, on the face of the tangible item, if practicable, or by delivering to the party to which disclosure is made, at the time of filing, disclosure or production, written notice that such tangible item is "CONFIDENTIAL." Such designation may be in the form ofawatermark but shall not interfere with the legibility or readabllity of the subject document or page thereof. 4. Any party, entity or person receiving any "CONFIDENTIAL materials and information shall use such materials and information solely for the purpose of preparing for and conducting the above-captioned litigation, and not for any business, commercial, competitive or other purpose. Each person, other than the court or officials of the court, or the attorneys for the parties entering into this stipulation and protective order, given access to the Protected Information pursuant to the terms hereof shall, prior to being given access, (i) be advised that violation of the terms of the Order (by use of the material for business purposes or in any other and impermissible manner) will constitute contempt of a court order, and (ii) sign and date an Acknowledgment and Consent, in the form annexed hereto as Appendix A, stating that he/she has read this Confidentiality Stipulation and Protective Order and agrees to be bound by the terms hereof. Counsel for Plaintiff will be responsible in ensuring that Appendix A is signed by all required individuals as stated in paragraphs 4 and 5 of this Confidentiality Stipulation and Protective Order, before the disclosure of any CONFIDENTIAL documents. The signed Appendix A will remain in the possession of counsel for Plaintiff and not to be disclosed to any other Defendant(s) and/or parties. 5. Any and all materials designated as "CONFIDENTIAL" and all information derived therefrom shall not be disclosed to anyone other than: (i) the Court and employees of the Court; (ii) those directors, officers and employees of the parties to this action who are actually involved in the prosecution or defense of this action; (iii) counsel of record to the parties to this action, co-counsel of record, and the legal associates, paralegals and clerical or other support staff who are employed by such counsel and are actually involved in the prosecution or defense of this action; (iv) experts or consultants retained by the parties or their counsel to assist in the prosecution or defense of this action; (v) court reporters or videographers; (vi) witnesses at trial; and (vii) witnesses at deposition. 6. Any inadvertent failure to designate documents as "CONFIDENTIAL" at the time of production or disclosure shall not operate to waive a party's right later to designate such material or information as "CONFIDENTIAL." Once such a designation has been made, the relevant document or testimony, and the information contained therein, shall be treated as "CONFIDENTIAL" in accordance with this Stipulated Protective Order. 7. All depositions or portions of depositions taken in this action that contain confidential information may be designated "CONFIDENTIAL" and thereby obtain the protections accorded other "CONFIDENTIAL" documents. Confidentiality designations for depositions shall be made either on the record or by written notice to the other party within thirty (30) days of receipt of the transcript. Unless otherwise agreed, depositions shall be treated as "Confidential" during the 30-day period following receipt of the transcript. The deposition of any witness (or any portion of such deposition) that encompasses Confidential information shall be taken only in the presence of persons who are qualified to have access to such information. 8. To the extent that any documents or information designated "CONFIDENTIAL are produced before this Stipulated Protective Order is signed by the Court, the parties signing below agree that the terms hereof shall be binding in the interim, and that this Stipulated Protective Order may be enforced by any party as though it had already been Ordered by the Court. 9. Counsel for Plaintiff reserves the right to seek an order or other recommendation compelling the non-confidential/privileged production of said documents in this case. Counsel for Plaintiff also explicitly reserves the right, in this case, to seek an order or recommendation that said documents are not subject, in whole or in part, to the trade-secret privilege and/or should not be marked confidential. 10. No action taken in accordance with this Confidentiality Stipulation and Protective Order shall be construed as a waiver of any claim or defense in the action or of any position as to discoverability or admissibility of evidence. 11. Any party to the action who has not executed this Confidentiality Stipulation and Protective Order as of the time it is presented to the Court for signature may thereafter become a party to this Confidentiality Stipulation and Protective Order by its counsel's signing and dating a copy thereof and serving copies of such signed and dated copy upon the other Parties to this Confidentiality Stipulation and Protective Order. Counsel for each such party will be responsible in ensuring that Appendix A is signed by all required individuals as stated in paragraphs 4 and 5 of this stipulation, before the disclosure of any CONFIDENTIAL documents. The signed Appendix A will remain in the possession of counsel for each such party and not to be disclosed to any other parties. 12. This Confidentiality Stipulation and Protective Order may be executed in counterparts. Where convenient for the parties to do so, the signed signature pages may be electronic or facsimile transmissions. Signatures of the parties transmitted in this manner shall be deemed to be their original signatures for all purposes. It is so stipulated. 7/14/22 Dated: _, 2022 BENNETT SCHECHTER ARCURI & WILL, LLP By: Robert J. Mullins, II, Esq. Jenna E. McDonnell, Esq. Attorneys for Defendant INSIGHT PHARMACEUTJCALS LLC 701 Seneca Street, Suite 609 Buffalo, NY 14210 Dated: 7/11/22 ,2022 SIMON GREENSTONE PANATIER BARTLETT, P.C. By: Sean Kerli Attorneys for Plaintiff PATSY YOUNG 1201 Elm Street, Suite 3400 Dallas, Texas 75270 LIPSITZ, PONTERIO & COMERFOJUVtLC By: J^jxt'omerford, Esq. Attorneys for Plaintiff PATSY YOUNG Office and P.O. Address 424 Main Street, Suite 1500 Buffalo, New York 14202 SO ORDERED: Hon. Deborah A. Chimes, J.S.C. Hon. Edward Pace, J.S.C. APPENDIX A SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF ERIE _____________________________________________ COMMITMENT OF QUALIFIED PATSY YOUNG, RECIPIENT PURSUANT TO CONFIDENTIALITY Plaintiff, STIPULATION AND PROTECTIVE ORDER -vs- Index No.: 815818/2020 AVENTIS, INC., et al. Defendants. _____________________________________________ Acknowledgement and Consent I , __________________________, hereby certify that I have read the foregoing Confidentiality Stipulation and Protective Order. I agree to be fully bound by the Confidentiality Stipulation and Protective Order, and I hereby submit to the jurisdiction of the Supreme Court of the State of New York for the County of Erie for purposes of enforcement of the Confidentiality Stipulation and Protective Order. I understand that any violation of the terms of this Confidentiality Stipulation and Protective Order shall be punishable by relief deemed appropriate by the Court. Furthermore, I understand that, upon direction from the party or person from which I receive the “CONFIDENTIAL” information or material, I shall return to counsel for the providing party or person all “CONFIDENTIAL” information or material, including all copies, prints or other reproductions of such “CONFIDENTIAL” information or material. Dated: _____________, 2022 By: ________________________________ 6