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FILED: NEW YORK COUNTY CLERK 09/13/2022 05:49 PM INDEX NO. 656312/2022
NYSCEF DOC. NO. 38 RECEIVED NYSCEF: 09/13/2022
EXHIBIT A
FILED: NEW YORK COUNTY CLERK 09/13/2022 05:49 PM INDEX NO. 656312/2022
NYSCEF DOC. NO. 38 RECEIVED NYSCEF: 09/13/2022
EXHIBIT 1
APPENDIX F:
STANDARD FORMSUPREME COURT OF CONFIDENTIALITY THE STATE OF NEW
YORK
COUNTY OF NEW YORK
- - -- - - -- - - -- - - -- - - -- - - -- - - -- - - -- - - -- x
SAMSUNG ELECTRONICS CO., LTD., :
: Index No.: 656312/2022
Plaintiff, : (Hon. Melissa A. Crane)
:
-against- : STIPULATION AND
: ORDER WITH ATTORNEY’S FOR
THE
EYES-ONLY DESIGNATED (Clean and Redlined to Show Changes)
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF _____________
--------------------------------------------------------------------- x
_______________________, :
:
: Index No. ___________
:
- against – Plaintiff, : STIPULATION AND
_______________________, : ORDER FOR THE
: PRODUCTION AND
: EXCHANGE OF
: CONFIDENTIAL
Defendant. : INFORMATION
--------------------------------------------------------------------- x
MPEG LA, L.L.C., : PRODUCTION AND
: EXCHANGE OF
Defendant. : CONFIDENTIAL
: INFORMATION
- - -- - - -- - - -- - - -- - - -- - - -- - - -- - - -- - - -- x
This matter having come before the Court by stipulation of plaintiff,
____________________________________,
Samsung Electronics Co., Ltd., and defendant, __________,MPEG LA, L.L.C., (individually
“Party” and collectively “Parties”) for the entry of a protective order pursuant to CPLR 3103(a),
limiting the review, copying, dissemination and filing of confidential and/or pro prietary documents
and information to be produced by either party and their respective counsel or by any non-party in
the course of discovery in this matter to the extent set forth below; and the parties, by, between and
among their respective counsel, having stipulated and agreed to the terms set forth herein, and good
cause having been shown;
IT IS hereby ORDERED that:
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0.1. This Stipulation is being entered into to facilitate the production,
exchange and discovery of documents and information that the Pa rties and, as
appropriate, non-parties, agree merit confidential treatment (hereinafter the
“Documents” or “Testimony”).
2. Any Party or, as appropriate, non-party, may designate Documents produced,
or
Testimony given, in connection with this action as “confidential” or “highly confidential –
attorney’s eyes only” either by notation on each page of the Document so designated, statement
on the record of the deposition, or written advice to the respective undersigned counsel for the
Parties hereto, or by other appropriate means.
0.3. As used herein:
( )(a) “Confidential Information” shall mean all Documents
and Testimony, and
all information contained therein, and other information designated as confidential, if such
Documents or Testimony contain trade secrets, proprietary business information, competitively
sensitive information or other information the disclosure of which wo uld, in the good faith
judgment of the Party or, as appropriate, non-party designating the material as confidential, be
detrimental to the conduct of that Party’s or non-party’s business or the business of any of that
Party’s or non-party’s customers or clients.
( )(b) “Highly Confidential – Attorney’s Eyes-Only
Information” shall mean any “Confidential Information” that is of such a private,
sensitive, competitive or proprietary nature that present disclosure to persons other
than those identified in paragraph 5.1 below would reasonably be expected to cause
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irreparable harm or materially impair the legitimate competitive position or interests
of the Producing Party. A designation of Confidential Information as Highly
Confidential – Attorney’s Eyes-Only Information constitutes a representation that
such Confidential Information has been reviewed by an attorney for the Producing
Party and that there is a valid basis for such a designation.
( )(c) “Producing Party” shall mean the parties to this action
and any non-parties
producing “Confidential Information” or “Highly Confidential – Attorney’s Eyes-Only
Information” in connection with depositions, document production or otherwise, or the Party or
non-party asserting the confidentiality privilege, as the case may be.
( )(d) “Receiving Party” shall mean the Parties to this action
and/or any non-
party receiving “Confidential Information” or “Highly Confidential – Attorney’s Eyes-Only
Information” in connection with depositions, document production, subpoenas or otherwise.
0.4. The Receiving Party may, at any time, notify the Producing Party that
the Receiving
Receiving Party does not concur in the designation of a document or other material as
Confidential Information or “Highly Confidential – Attorney’s Eyes-Only Information.” . If the
Producing Party does not agree to declassify such document or material within seven (7) days of
the written request, the Receiving Party may move before the Court for an order declassifyin g
those documents or materials. If no such motion is filed, such documents or materials shall
continue to be treated as Confidential Information or Highly Confidential – Attorney’s
EyesOnlyEyes- Only Information. If such motion is filed, the documents or other materials shall
be deemed as designated by the Producing Party unless and until the Court rules otherwise.
Notwithstanding anything herein to the contrary, the Producing Party bears the burden of
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establishing the propriety of its designation of documents or information as Confidential
Information or Highly Confidential – Attorney’s Eyes-Only Information.
0.5. Except with the prior written consent of the Producing Party or by
Order of the Court, Confidential Information shall not be furnished, shown or disclosed
to any person or entity except to:
( )(a) personnel of the Parties actually engaged in assisting in the preparation of
this action for trial or other proceeding herein and who have b een advised of their obligations
hereunder;
(b) outside counsel for the Parties to this action and their associated
(b) attorneys,
paralegals and other professional and non-professional personnel (including support staff and
o utside copying services) who are directly assisting such counsel in the preparation of this
action for trial or other proceeding herein, are under the supervision or control of such counsel, and who
have been advised by such counsel of their obligations hereunder;
( )(c) expert witnesses or consultants retained by the Parties or their counsel to
furnish technical or expert services in connection with this action or to give testimony with
respect to the subject matter of this action at the trial of this action or other proceeding herein;
provided, however, that such Confidential Information is furnished, shown or disclosed in
accordance with paragraph 7 hereof;
( )(d) the Court and court personnel;
( )(e) an officer before whom a deposition is taken, including stenographic
reporters and any necessary secretarial, clerical or other personnel of such officer;
( )(f) trial and deposition witnesses, if furnished, shown or disclosed in
accordance with paragraphs 9 and 10, respectively, hereof; and
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( )(g) any other person agreed to by the Producing Party.
5.1 Except with the prior written consent of the Producing Party or by Order
of the Court,
Highly Confidential – Attorney’s Eyes-Only Information shall not be furnished, shown or disclosed to any
person or entity except to those identified in paragraph 5(b)-5(g).
0.6. Confidential Information or “Highly Confidential – Attorney’s Eyes-
Only Information” shall be utilized by the Receiving Party and its counsel only for
purposes of this litigation and for no other purposes.
7. Before any disclosure of Confidential Information or “Highly Confidential
– Attorney’s Eyes-Only Information” is made to an expert witness or consultant pursuant to
paragraph 5 (c) thereofhereof, counsel for the Receiving Party making such disclosure shall
provide to the expert witness or consultant a copy of this Stipulation and obtain the expert’s or
consultant’s written agreement, in the form of Exhibit A attached hereto, to comply with and be
bound by its terms. Counsel for the Receiving Party obtaining the certificate shall supply a copy
to counsel for the other Parties at the time designated for expert disclosure, except that any
certificate signed by an expert or consultant who is not expected to be called as a witness at trial is
not required to be supplied.
8. Unless otherwise designated during the deposition, all depositions shall
8. presumptively be treated as Confidential Information and subject to this Stipulation
during the deposition and for a period of fifteen (15) days after a transcript of said deposition is
received by counsel for each of the Parties. At or before the end of such fifteen day period, the
deposition shall be classified appropriately.
9. Should the need arise for any Party or, as appropriate, non-party, to disclose
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disclose Confidential Information or “Highly Confidential – Attorney’s Eyes-Only Information”
during any hearing or trial before the Court, including through argument or the presentation of
evidence, such Party or, as appropriate, non-party may do so only after taking such steps as the
Court, upon motion of the Producing Party, shall deem necessary to preserve the confidentiality of
such Confidential Information or “Highly Confidential – Attorney’s Eyes-Only Information.”
Information or Highly Confidential – Attorney’s Eyes-Only Information.
10. This Stipulation shall not preclude counsel for any Party from using
10. during any deposition in this action any Documents or Testimony which has been
designated as “Confidential
Information” or “Highly Confidential – Attorney’s Eyes-Only Information” under the terms
hereof.
Any deposition witness who is given access to Confidential Information or “Highly Confidential
– Attorney’s Eyes-Only Information” shall, prior thereto, be provided with a copy of this
Stipulation and shall execute a written agreement, in the form of Exhibit A attached hereto, to
comply with and be bound by its terms. Counsel for the Party obtaining the certificate shall
supply a copy to counsel for the other Parties and, as appropriate, a non -party that is a Producing
Party. In the event that, upon being presented with a copy of the Stipulation, a witness refuses to
execute the agreement to be bound by this Stipulation, the Court shall, upon application, enter an
order directing the witness’s compliance with the Stipulation.
11. A Party may designate as Confidential Information or “Highly Confidential –
Attorney’s Eyes-Only Information” subject to this Stipulation any document, information, or
deposition testimony produced or given by any non -party to this case, or any portion thereof. In
the case of Documents, produced by a non-party, designation shall be made by notifying all counsel
in writing of those documents which are to be stamped and treated as such at any time up to fifteen
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(15) days after actual receipt of copies of those documents by counsel for the Party asserting the
confidentiality privilege. In the case of deposition Testimony, designation shall be made by
notifying all counsel in writing of those portions which are to be stamped or otherwise treated as
such at any time up to fifteen (15) days after the transcript is received by counsel for the Party (or,
as appropriate, non-party) asserting the confidentiality. Prior to the expiration of such fifteen (15)
day period (or until a designation is made by counsel, if such a designation is made in a shorter
period of time), all such Documents and Testimony shall be treated as Confidential Information.
Information.In Counties WITH Electronic Filing
12.
( )(a) A Party or, as appropriate, non-party, who seeks to file with
the Court (i)
any deposition transcripts, exhibits, answers to interrogatories, or other documents which have
previously been designated as comprising or containing Confidential Information or “Highly
Confidential – Attorney’s Eyes-Only Information,”, or (ii) any pleading, brief or memorandum
which reproduces, paraphrases or discloses Confidential Information or “Highly Confidential –
Attorney’s Eyes-Only Information” shall file the document, pleading, brief, or memorandum on
the NYSCEF system in redacted form until the Court renders a decision on any motion to seal
(the “Redacted Filing”). If the Producing Party fails to move to seal within seven (7) days of the
Redacted Filing, the Party (or, as appropriate, non -party) making the filing shall take steps to
replace the Redacted Filing with its corresponding unredacted version.
( )(b) In the event that the Party’s (or, as appropriate, non-party’s)
filing
includes Confidential Information or “Highly Confidential – Attorney’s Eyes-Only Information”
produced by a Producing Party that is a non-party, the filing Party shall so notify that Producing
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Party within twenty four (24) hours after the Redacted Filing by providing the Producing Party
with a copy of the Redacted Filing as well as a version of the filing with the relevant Producing
Party’s Confidential Information or “Highly Confidential – Attorney’s Eyes-Only Information”
unredacted.
( )(c) If the Producing Party makes a timely motion to seal, and the
motion is
granted, the filing Party (or, as appropriate, non -party) shall ensure that all documents (or, if
directed by the court, portions of documents) that are the subject of the order to seal are filed in
accordance with the procedures that govern the filing of sealed documents on the NYSCEF
system. If the Producing Party’s timely motion to seal is denied, then the Party (or, as
appropriate, non-party) making the filing shall take steps to replace the Redacted Filing with its
corresponding unredacted version.
( )(d) Any Party filing a Redacted Filing in accordance with the
procedure set
forth in this paragraph 12 shall, contemporaneously with or prior to making the Redacted Filing,
provide the other Parties and the Court with a complete and unredacted version of the filing.
( )(e) All pleadings, briefs or memoranda which reproduce,
paraphrase or
disclose any materials which have previously been designated by a party as comprising or
containing Confidential Information or “Highly Confidential – Attorney’s Eyes-Only
Information” shall identify such documents by the production number ascribed to them a t the
time of production.
In Counties WITHOUT Electronic Filing
13. (a) A Party or, as appropriate, non-party, who seeks to file with the Court
any deposition transcripts, exhibits, answers to interrogatories, and other documents which have
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previously been designated as comprising or containing Confidential Information or “Highly
Confidential – Attorney’s Eyes-Only Information,” or any pleading, brief or memorandum which
reproduces, paraphrases or discloses Confidential Information or “Highly Confidential – Attorney’s
Eyes-Only Information,” shall (i) serve upon the other Parties (and, as appropriate, non -parties) a
Redacted Filing and a complete and unredacted version of the filing; (ii) file a Redacted Filing with
the court; and (iii) transmit the Redacted Filing and a complete unredacted version of the filing to
chambers. Within seven (7) days thereafter, the Producing
Party may file a motion to seal such Confidential Information or “Highly Confidential –
Attorney’s Eyes-Only Information.”
(b) If the Producing Party does not file a motion to seal within the
aforementioned seven (7) day period, the Party (or, as appropriate. non-party) that seeks to file the
Confidential Information or “Highly Confidential – Attorney’s Eyes-Only Information” shall take
steps to file an unredacted version of the material.
(c) In the event the motion to seal is granted, all (or, if directed by the court,
portions of) deposition transcripts, exhibits, answers to interrogatories, and other documents which
have previously been designated by a Party (or, as appropriate, non -party) as comprising or
containing Confidential Information or “Highly Confidential – Attorney’s Eyes Only Information,”
and any pleading, brief or memorandum which reproduces, paraphrases or discloses s uch material,
shall be filed in sealed envelopes or other appropriate sealed container on which shall be endorsed
the caption of this litigation, the words “CONFIDENTIAL
MATERIAL-SUBJECT TO STIPULATION AND ORDER FOR THE PRODUCTION AND
EXCHANGE OF CONFIDENTIAL INFORMATION” or “HIGHLY CONFIDENTIAL
MATERIAL – ATTORNEY’S EYES-ONLY – SUBJECT TO STIPUALTION AND ORDER FOR
THE PRODUCTION AND EXCHANGE OF CONFIDENTIAL INFORMATION,” as
well as an indication of the nature of the contents and a statement in substan tially the following
form:
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“This envelope, containing documents which are filed in this case by (name of Party
or as appropriate, non-party), is not to be opened nor are the contents thereof to be
displayed or revealed other than to the Court, the parties and their counsel of record,
except by order of the Court or consent of the parties. Violation hereof may be
regarded as contempt of the Court.”
In the event the motion to seal is denied, then the Party (or, as appropriate, non -party) making the
filing shall take steps to replace the Redacted Filing with its corresponding unredacted version.
(d) In the event that the Party’s (or, as appropriate, non-party’s) filing
includes Confidential Information or “Highly Confidential – Attorney’s Eyes-Only Information”
produced by a Producing Party that is non-party, the Party (or, as appropriate, non-party) making
the filing shall so notify the Producing Party within twenty four (24) hours after the Redacted
Filing by providing the Producing Party with a copy of the Redacted Filing as well as a version
of the filing with the relevant non-party’s Confidential Information or “Highly Confidential –
Attorney’s Eyes-Only Information” unredacted.
(e) All pleadings, briefs or memoranda which reproduce, paraphrase or
disclose any documents which have prev iously been designated by a party as comprising or
containing Confidential Information or “Highly Confidential – Attorney’s Eyes-Only Information”
shall identify such documents by the production number ascribed to them at the time of production.
14. Any person receiving Confidential Information or “Highly
Confidential – Attorney’s Eyes-Only Information” shall not reveal or discuss such
information to or with any person not entitled to receive such information under the
terms hereof and shall use reasonable measures to store and maintain the
Confidential Information or “Highly Confidential –
13.14.Attorney’s Eyes-Only Information” so as to prevent unauthorized disclosure.
15. Any document or information that may contain Confidential
Information
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14.15.or “Highly Confidential – Attorney’s Eyes-Only Information” that has been
inadvertently produced without identification as to its “confidential” or “highly confidential”
nature as provided in paragraphs 2 and/or 11 of this Stipulation, may be so design ated by the party
asserting the confidentiality privilege by written notice to the undersigned counsel for the
Receiving Party identifying the document or information as “confidential” or “highly confidential”
within a reasonable time following the discovery that the document or information has been
produced without such designation.
16. Extracts and summaries of Confidential Information or “Highly Confidential –
Attorney’s Eyes-Only Information” shall also be treated with the same level of confidentiality as
the designated information from which it was derived.
17. The production or disclosure of Confidential Information or
“Highly
Confidential – Attorney’s Eyes-Only Information” shall in no way constitute a waiver of each
Producing Party’s right to object to the production or disclosure of other information in this action
or in any other action. Nothing in this Stipulation shall operate as an admission by any
Party or non-party that any particular document or information is, or is not, “confidential” or
15.17.“highly confidential attorney’s-eyes only.” .” Failure to challenge a Confidential
Information or “Highly Confidential – Attorney’s Eyes-Only Information” designation shall not
preclude a subsequent challenge thereto.
18. This Stipulation is entered into without prejudice to the right
of any Party
16.18.or non-partynonparty to seek relief from, or modification of, this Stipulation or any
provisions thereof by properly noticed motion to the Court or to challenge any designation of
confidentiality as inappropriate under the Civil Practice Law and Rules or other applicable law.
19. This Stipulation shall continue to be binding after the
conclusion of this
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17.19.litigation except that there shall be no restriction on documents that are used as
exhibits in Court (unless such exhibits were filed under seal); and (b) that a Receiving Party may
seek the written permission of the Producing Party or further order of the Court wit h respect to
dissolution or modification of the Stipulation. The provisions of this Stipulation shall, absent prior
written consent of the parties, continue to be binding after the conclusion of this action.
20. Nothing herein shall be deemed to waive any privilege
recognized by law,
18.20.or shall be deemed an admission as to the admissibility in evidence of any facts or
documents revealed in the course of disclosure.
21. Within sixty (60) days after the final termination of this
litigation by
19.21.settlement or exhaustion of all appeals, all Confidential Information or “and all
Highly Confidential – Attorney’s Eyes-Only Information” produced or designated and all
reproductions thereof shall be returned to the Producing Party or, at the Receiving Party’s option,
shall be destroyed. In the event that any Receiving Party chooses to destroy physical objects and
documents, such Party shall certify in writing within sixty (60) days of the final termination of this
litigation that it has undertaken its best efforts to destroy such physical objects and documents, and
that such physical objects and documents have been destroyed to the best of its knowledge.
Notwithstanding anything to the contrary, counsel of record for the Parties may retain one copy of
documents constituting work product, a copy of pleadings, motion papers, discovery responses,
deposition transcripts and deposition and trial exhibits. This Stipulation shall not be interpreted in
a manner that would violate any applicable rules of professional conduct. Nothing in this
Stipulation shall prohibit or interfere with the ability of counsel for any Receiving Party, or of
experts specially retained for this case, to represent any individual, corporation or other entity
adverse to any Party or non-party or their affiliate(s) in connection with any other matter.
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22. If a Receiving Party is called upon to produce Confidential Information or “Highly
22. Confidential – Attorney’s Eyes-Only Information” in order
to comply with a court order, subpoena, or other direction by a court, administrative
agency, or legislative body, the
Receiving Party from which the Confidential Information or “Highly Confidential – Attorney’s
Eyes-Only Information” is sought shall (a) give written notice by overnight mail and either email
or facsimile to the counsel for the Producing Party within five (5) business days of receipt of such
order, subpoena, or direction, and (b) give the Producing Party five (5) business days to object to
the production of such Confidential Information or “Highly Confidential – Attorney’s Eyes-Only
Information,”, if the Producing Party so desires. Notwithstanding the foregoing, nothing in this
paragraph shall be construed as requiring any party to this Stipulation to subject itself to any penalties
for noncompliance with any court order, subpoena, or other direction by a court, administrative agency, or
legislative body.
23. Pursuant to Rule 11-b(b) of the Rules of the Commercial Division, the Parties agree
to employ a categorical approach to privilege designations, subject to the following:
(a) No single category will include more than 100 documents
(where an
uninterrupted email chain is considered one document, and an email with attachments is considered
one document, but a folder or binder of documents is not).
(b) For the avoidance of doubt, non-privileged information or
communications do not become privileged simply due to the fact that they are included in an
uninterrupted email chain that does include privileged information. The parties will not
intentionally withhold information they know to be non-privileged under these provisions,
whether that knowledge is acquired through sampling or other review.
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(c) For each category of documents included in any privilege log,
the Producing Party shall provide a certification, pursuant to 22 NYCRR § 130 -
1.1a, setting forth with specificity those facts supporting the privileged or protected
status of the information included within the category. The certification shall also
describe the steps taken to identify the documents so categorized, including but not
limited to whether each document was reviewed or some form of sampling was
employed, and if the latter, how the sampling was conducted. The certification shall
be signed by the Responsible Attorney, as defined below, or by the party, through
an authorized and knowledgeable representative.
(d) In accordance with the discovery schedule set forth in the
Preliminary Conference Order dated July 12, 2022 (NYSCEF Doc. No. 17), the
categorical privilege logs described above shall be served by October 24, 2022.
(e) Not later than one week after the service of the above-
referenced
privilege logs, the parties will meet and confer to negotiate in good faith about the categories
in each such privilege log, including any categories that a party believes may not be properly
subject to categorical privilege logging. The parties will endeavor to agree as to which, if any,
categories would be appropriate to log on a document-by-document basis.
(f) Not later than one week after the above-referenced meet and
confer,
each party may identify up to 3 of the categories asserted by the other party and insist on a
document-by-document breakdown, without the prospect of cost-shifting. The documentby-
document privilege logs so requested shall be produced no later than two weeks after they are
requested.
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(g) Any further privilege logs served after October 24, 2022,
whether in
connection with supplemental discovery demands or otherwise, will be subject to the same
certification requirement and 100 document limit. In each case, the parties agree to meet and
confer within one week of service of the privilege log to negotiate in good faith about the
categories in such privilege logs, including any categories that a party believes may not be
properly subject to categorical privilege logging, and to identify within one week of such meet
and confer up to 1 category in any such post-October 24, 2022 log that the party may insist be
logged on a document-by-document basis without the prospect of cost-shifting.
(h) The parties reserve the right to object to privilege assertions,
whether
made on the basis of categories or on a document-by-document basis, by making an appropriate
application to the Court.
(i) None of the foregoing shall constitute a waiver of any
objections
otherwise available to the parties, and shall not in any way preclude a party from pursuing such
objections.
23. This Stipulation may be changed by further order of this
Court, and is
20.24.without prejudice to the rights of a Party to move for relief from any of its provisions,
or to seek or agree to different or additional protection for any particular material or information.
24. This Stipulation may be signed in counterparts, which, when
fully
21.25.executed, shall constitute a single original, and electronic signatures shall be deemed
original signatures.
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[FIRM] [FIRM]
By: By:
________________________________ ________________________________
___________________________________ ___________________________________
New York, New York New York, New York
Tel: _______________________________ Tel: _______________________________
Attorneys for Plaintiff Attorneys for Defendant
Dated: _________________ September
6, 2022 SO ORDERED
________________
QUINN EMANUEL URQUHART
& J.S.C.
SULLIVAN, LLP
/s/______________________________
Michael B. Carlinsky
______________________________
Michael B. Carlinsky
HON. MELISSA A. CRANE
William B. Adams
WINDELS MARX LANE &
Owen F. Roberts
MITTENDORF, LLP
51 Madison Avenue, 22nd Floor
New York, New York 10010 (212)
______________________________
849-7000
Craig P. Murphy
michaelcarlinsky@quinnemanuel.co
m John D. Holden
williamadams@quinnemanuel.com Delton L. Vandever
owenroberts@quinnemanuel.
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FILED: NEW YORK COUNTY CLERK 09/13/2022 05:49 PM INDEX NO. 656312/2022 NYSCEF DOC. NO. 38 RECEIVED NYSCEF: 09/13/2022 EXHIBIT A FILED: NEW YORK COUNTY CLERK 09/13/2022 05:49 PM INDEX NO. 656312/2022 NYSCEF DOC. NO. 38 RECEIVED NYSCEF: 09/13/2022 EXHIBIT 1 APPENDIX F: STANDARD FORMSUPREME COURT OF CONFIDENTIALITY THE STATE OF NEW YORK COUNTY OF NEW YORK - - -- - - -- - - -- - - -- - - -- - - -- - - -- - - -- - - -- x SAMSUNG ELECTRONICS CO., LTD., : : Index No.: 656312/2022 Plaintiff, : (Hon. Melissa A. Crane) : -against- : STIPULATION AND : ORDER WITH ATTORNEY’S FOR THE EYES-ONLY DESIGNATED (Clean and Redlined to Show Changes) {12084638:2} 1 FILED: NEW YORK COUNTY CLERK 09/13/2022 05:49 PM INDEX NO. 656312/2022 NYSCEF DOC. NO. 38 RECEIVED NYSCEF: 09/13/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF _____________ --------------------------------------------------------------------- x _______________________, : : : Index No. ___________ : - against – Plaintiff, : STIPULATION AND _______________________, : ORDER FOR THE : PRODUCTION AND : EXCHANGE OF : CONFIDENTIAL Defendant. : INFORMATION --------------------------------------------------------------------- x MPEG LA, L.L.C., : PRODUCTION AND : EXCHANGE OF Defendant. : CONFIDENTIAL : INFORMATION - - -- - - -- - - -- - - -- - - -- - - -- - - -- - - -- - - -- x This matter having come before the Court by stipulation of plaintiff, ____________________________________, Samsung Electronics Co., Ltd., and defendant, __________,MPEG LA, L.L.C., (individually “Party” and collectively “Parties”) for the entry of a protective order pursuant to CPLR 3103(a), limiting the review, copying, dissemination and filing of confidential and/or pro prietary documents and information to be produced by either party and their respective counsel or by any non-party in the course of discovery in this matter to the extent set forth below; and the parties, by, between and among their respective counsel, having stipulated and agreed to the terms set forth herein, and good cause having been shown; IT IS hereby ORDERED that: {12084638:2} 2 FILED: NEW YORK COUNTY CLERK 09/13/2022 05:49 PM INDEX NO. 656312/2022 NYSCEF DOC. NO. 38 RECEIVED NYSCEF: 09/13/2022 0.1. This Stipulation is being entered into to facilitate the production, exchange and discovery of documents and information that the Pa rties and, as appropriate, non-parties, agree merit confidential treatment (hereinafter the “Documents” or “Testimony”). 2. Any Party or, as appropriate, non-party, may designate Documents produced, or Testimony given, in connection with this action as “confidential” or “highly confidential – attorney’s eyes only” either by notation on each page of the Document so designated, statement on the record of the deposition, or written advice to the respective undersigned counsel for the Parties hereto, or by other appropriate means. 0.3. As used herein: ( )(a) “Confidential Information” shall mean all Documents and Testimony, and all information contained therein, and other information designated as confidential, if such Documents or Testimony contain trade secrets, proprietary business information, competitively sensitive information or other information the disclosure of which wo uld, in the good faith judgment of the Party or, as appropriate, non-party designating the material as confidential, be detrimental to the conduct of that Party’s or non-party’s business or the business of any of that Party’s or non-party’s customers or clients. ( )(b) “Highly Confidential – Attorney’s Eyes-Only Information” shall mean any “Confidential Information” that is of such a private, sensitive, competitive or proprietary nature that present disclosure to persons other than those identified in paragraph 5.1 below would reasonably be expected to cause {12084638:2} 3 FILED: NEW YORK COUNTY CLERK 09/13/2022 05:49 PM INDEX NO. 656312/2022 NYSCEF DOC. NO. 38 RECEIVED NYSCEF: 09/13/2022 irreparable harm or materially impair the legitimate competitive position or interests of the Producing Party. A designation of Confidential Information as Highly Confidential – Attorney’s Eyes-Only Information constitutes a representation that such Confidential Information has been reviewed by an attorney for the Producing Party and that there is a valid basis for such a designation. ( )(c) “Producing Party” shall mean the parties to this action and any non-parties producing “Confidential Information” or “Highly Confidential – Attorney’s Eyes-Only Information” in connection with depositions, document production or otherwise, or the Party or non-party asserting the confidentiality privilege, as the case may be. ( )(d) “Receiving Party” shall mean the Parties to this action and/or any non- party receiving “Confidential Information” or “Highly Confidential – Attorney’s Eyes-Only Information” in connection with depositions, document production, subpoenas or otherwise. 0.4. The Receiving Party may, at any time, notify the Producing Party that the Receiving Receiving Party does not concur in the designation of a document or other material as Confidential Information or “Highly Confidential – Attorney’s Eyes-Only Information.” . If the Producing Party does not agree to declassify such document or material within seven (7) days of the written request, the Receiving Party may move before the Court for an order declassifyin g those documents or materials. If no such motion is filed, such documents or materials shall continue to be treated as Confidential Information or Highly Confidential – Attorney’s EyesOnlyEyes- Only Information. If such motion is filed, the documents or other materials shall be deemed as designated by the Producing Party unless and until the Court rules otherwise. Notwithstanding anything herein to the contrary, the Producing Party bears the burden of {12084638:2} 4 FILED: NEW YORK COUNTY CLERK 09/13/2022 05:49 PM INDEX NO. 656312/2022 NYSCEF DOC. NO. 38 RECEIVED NYSCEF: 09/13/2022 establishing the propriety of its designation of documents or information as Confidential Information or Highly Confidential – Attorney’s Eyes-Only Information. 0.5. Except with the prior written consent of the Producing Party or by Order of the Court, Confidential Information shall not be furnished, shown or disclosed to any person or entity except to: ( )(a) personnel of the Parties actually engaged in assisting in the preparation of this action for trial or other proceeding herein and who have b een advised of their obligations hereunder; (b) outside counsel for the Parties to this action and their associated (b) attorneys, paralegals and other professional and non-professional personnel (including support staff and o utside copying services) who are directly assisting such counsel in the preparation of this action for trial or other proceeding herein, are under the supervision or control of such counsel, and who have been advised by such counsel of their obligations hereunder; ( )(c) expert witnesses or consultants retained by the Parties or their counsel to furnish technical or expert services in connection with this action or to give testimony with respect to the subject matter of this action at the trial of this action or other proceeding herein; provided, however, that such Confidential Information is furnished, shown or disclosed in accordance with paragraph 7 hereof; ( )(d) the Court and court personnel; ( )(e) an officer before whom a deposition is taken, including stenographic reporters and any necessary secretarial, clerical or other personnel of such officer; ( )(f) trial and deposition witnesses, if furnished, shown or disclosed in accordance with paragraphs 9 and 10, respectively, hereof; and {12084638:2} 5 FILED: NEW YORK COUNTY CLERK 09/13/2022 05:49 PM INDEX NO. 656312/2022 NYSCEF DOC. NO. 38 RECEIVED NYSCEF: 09/13/2022 ( )(g) any other person agreed to by the Producing Party. 5.1 Except with the prior written consent of the Producing Party or by Order of the Court, Highly Confidential – Attorney’s Eyes-Only Information shall not be furnished, shown or disclosed to any person or entity except to those identified in paragraph 5(b)-5(g). 0.6. Confidential Information or “Highly Confidential – Attorney’s Eyes- Only Information” shall be utilized by the Receiving Party and its counsel only for purposes of this litigation and for no other purposes. 7. Before any disclosure of Confidential Information or “Highly Confidential – Attorney’s Eyes-Only Information” is made to an expert witness or consultant pursuant to paragraph 5 (c) thereofhereof, counsel for the Receiving Party making such disclosure shall provide to the expert witness or consultant a copy of this Stipulation and obtain the expert’s or consultant’s written agreement, in the form of Exhibit A attached hereto, to comply with and be bound by its terms. Counsel for the Receiving Party obtaining the certificate shall supply a copy to counsel for the other Parties at the time designated for expert disclosure, except that any certificate signed by an expert or consultant who is not expected to be called as a witness at trial is not required to be supplied. 8. Unless otherwise designated during the deposition, all depositions shall 8. presumptively be treated as Confidential Information and subject to this Stipulation during the deposition and for a period of fifteen (15) days after a transcript of said deposition is received by counsel for each of the Parties. At or before the end of such fifteen day period, the deposition shall be classified appropriately. 9. Should the need arise for any Party or, as appropriate, non-party, to disclose {12084638:2} 6 FILED: NEW YORK COUNTY CLERK 09/13/2022 05:49 PM INDEX NO. 656312/2022 NYSCEF DOC. NO. 38 RECEIVED NYSCEF: 09/13/2022 disclose Confidential Information or “Highly Confidential – Attorney’s Eyes-Only Information” during any hearing or trial before the Court, including through argument or the presentation of evidence, such Party or, as appropriate, non-party may do so only after taking such steps as the Court, upon motion of the Producing Party, shall deem necessary to preserve the confidentiality of such Confidential Information or “Highly Confidential – Attorney’s Eyes-Only Information.” Information or Highly Confidential – Attorney’s Eyes-Only Information. 10. This Stipulation shall not preclude counsel for any Party from using 10. during any deposition in this action any Documents or Testimony which has been designated as “Confidential Information” or “Highly Confidential – Attorney’s Eyes-Only Information” under the terms hereof. Any deposition witness who is given access to Confidential Information or “Highly Confidential – Attorney’s Eyes-Only Information” shall, prior thereto, be provided with a copy of this Stipulation and shall execute a written agreement, in the form of Exhibit A attached hereto, to comply with and be bound by its terms. Counsel for the Party obtaining the certificate shall supply a copy to counsel for the other Parties and, as appropriate, a non -party that is a Producing Party. In the event that, upon being presented with a copy of the Stipulation, a witness refuses to execute the agreement to be bound by this Stipulation, the Court shall, upon application, enter an order directing the witness’s compliance with the Stipulation. 11. A Party may designate as Confidential Information or “Highly Confidential – Attorney’s Eyes-Only Information” subject to this Stipulation any document, information, or deposition testimony produced or given by any non -party to this case, or any portion thereof. In the case of Documents, produced by a non-party, designation shall be made by notifying all counsel in writing of those documents which are to be stamped and treated as such at any time up to fifteen {12084638:2} 7 FILED: NEW YORK COUNTY CLERK 09/13/2022 05:49 PM INDEX NO. 656312/2022 NYSCEF DOC. NO. 38 RECEIVED NYSCEF: 09/13/2022 (15) days after actual receipt of copies of those documents by counsel for the Party asserting the confidentiality privilege. In the case of deposition Testimony, designation shall be made by notifying all counsel in writing of those portions which are to be stamped or otherwise treated as such at any time up to fifteen (15) days after the transcript is received by counsel for the Party (or, as appropriate, non-party) asserting the confidentiality. Prior to the expiration of such fifteen (15) day period (or until a designation is made by counsel, if such a designation is made in a shorter period of time), all such Documents and Testimony shall be treated as Confidential Information. Information.In Counties WITH Electronic Filing 12. ( )(a) A Party or, as appropriate, non-party, who seeks to file with the Court (i) any deposition transcripts, exhibits, answers to interrogatories, or other documents which have previously been designated as comprising or containing Confidential Information or “Highly Confidential – Attorney’s Eyes-Only Information,”, or (ii) any pleading, brief or memorandum which reproduces, paraphrases or discloses Confidential Information or “Highly Confidential – Attorney’s Eyes-Only Information” shall file the document, pleading, brief, or memorandum on the NYSCEF system in redacted form until the Court renders a decision on any motion to seal (the “Redacted Filing”). If the Producing Party fails to move to seal within seven (7) days of the Redacted Filing, the Party (or, as appropriate, non -party) making the filing shall take steps to replace the Redacted Filing with its corresponding unredacted version. ( )(b) In the event that the Party’s (or, as appropriate, non-party’s) filing includes Confidential Information or “Highly Confidential – Attorney’s Eyes-Only Information” produced by a Producing Party that is a non-party, the filing Party shall so notify that Producing {12084638:2} 8 FILED: NEW YORK COUNTY CLERK 09/13/2022 05:49 PM INDEX NO. 656312/2022 NYSCEF DOC. NO. 38 RECEIVED NYSCEF: 09/13/2022 Party within twenty four (24) hours after the Redacted Filing by providing the Producing Party with a copy of the Redacted Filing as well as a version of the filing with the relevant Producing Party’s Confidential Information or “Highly Confidential – Attorney’s Eyes-Only Information” unredacted. ( )(c) If the Producing Party makes a timely motion to seal, and the motion is granted, the filing Party (or, as appropriate, non -party) shall ensure that all documents (or, if directed by the court, portions of documents) that are the subject of the order to seal are filed in accordance with the procedures that govern the filing of sealed documents on the NYSCEF system. If the Producing Party’s timely motion to seal is denied, then the Party (or, as appropriate, non-party) making the filing shall take steps to replace the Redacted Filing with its corresponding unredacted version. ( )(d) Any Party filing a Redacted Filing in accordance with the procedure set forth in this paragraph 12 shall, contemporaneously with or prior to making the Redacted Filing, provide the other Parties and the Court with a complete and unredacted version of the filing. ( )(e) All pleadings, briefs or memoranda which reproduce, paraphrase or disclose any materials which have previously been designated by a party as comprising or containing Confidential Information or “Highly Confidential – Attorney’s Eyes-Only Information” shall identify such documents by the production number ascribed to them a t the time of production. In Counties WITHOUT Electronic Filing 13. (a) A Party or, as appropriate, non-party, who seeks to file with the Court any deposition transcripts, exhibits, answers to interrogatories, and other documents which have {12084638:2} 9 FILED: NEW YORK COUNTY CLERK 09/13/2022 05:49 PM INDEX NO. 656312/2022 NYSCEF DOC. NO. 38 RECEIVED NYSCEF: 09/13/2022 previously been designated as comprising or containing Confidential Information or “Highly Confidential – Attorney’s Eyes-Only Information,” or any pleading, brief or memorandum which reproduces, paraphrases or discloses Confidential Information or “Highly Confidential – Attorney’s Eyes-Only Information,” shall (i) serve upon the other Parties (and, as appropriate, non -parties) a Redacted Filing and a complete and unredacted version of the filing; (ii) file a Redacted Filing with the court; and (iii) transmit the Redacted Filing and a complete unredacted version of the filing to chambers. Within seven (7) days thereafter, the Producing Party may file a motion to seal such Confidential Information or “Highly Confidential – Attorney’s Eyes-Only Information.” (b) If the Producing Party does not file a motion to seal within the aforementioned seven (7) day period, the Party (or, as appropriate. non-party) that seeks to file the Confidential Information or “Highly Confidential – Attorney’s Eyes-Only Information” shall take steps to file an unredacted version of the material. (c) In the event the motion to seal is granted, all (or, if directed by the court, portions of) deposition transcripts, exhibits, answers to interrogatories, and other documents which have previously been designated by a Party (or, as appropriate, non -party) as comprising or containing Confidential Information or “Highly Confidential – Attorney’s Eyes Only Information,” and any pleading, brief or memorandum which reproduces, paraphrases or discloses s uch material, shall be filed in sealed envelopes or other appropriate sealed container on which shall be endorsed the caption of this litigation, the words “CONFIDENTIAL MATERIAL-SUBJECT TO STIPULATION AND ORDER FOR THE PRODUCTION AND EXCHANGE OF CONFIDENTIAL INFORMATION” or “HIGHLY CONFIDENTIAL MATERIAL – ATTORNEY’S EYES-ONLY – SUBJECT TO STIPUALTION AND ORDER FOR THE PRODUCTION AND EXCHANGE OF CONFIDENTIAL INFORMATION,” as well as an indication of the nature of the contents and a statement in substan tially the following form: {12084638:2} 10 FILED: NEW YORK COUNTY CLERK 09/13/2022 05:49 PM INDEX NO. 656312/2022 NYSCEF DOC. NO. 38 RECEIVED NYSCEF: 09/13/2022 “This envelope, containing documents which are filed in this case by (name of Party or as appropriate, non-party), is not to be opened nor are the contents thereof to be displayed or revealed other than to the Court, the parties and their counsel of record, except by order of the Court or consent of the parties. Violation hereof may be regarded as contempt of the Court.” In the event the motion to seal is denied, then the Party (or, as appropriate, non -party) making the filing shall take steps to replace the Redacted Filing with its corresponding unredacted version. (d) In the event that the Party’s (or, as appropriate, non-party’s) filing includes Confidential Information or “Highly Confidential – Attorney’s Eyes-Only Information” produced by a Producing Party that is non-party, the Party (or, as appropriate, non-party) making the filing shall so notify the Producing Party within twenty four (24) hours after the Redacted Filing by providing the Producing Party with a copy of the Redacted Filing as well as a version of the filing with the relevant non-party’s Confidential Information or “Highly Confidential – Attorney’s Eyes-Only Information” unredacted. (e) All pleadings, briefs or memoranda which reproduce, paraphrase or disclose any documents which have prev iously been designated by a party as comprising or containing Confidential Information or “Highly Confidential – Attorney’s Eyes-Only Information” shall identify such documents by the production number ascribed to them at the time of production. 14. Any person receiving Confidential Information or “Highly Confidential – Attorney’s Eyes-Only Information” shall not reveal or discuss such information to or with any person not entitled to receive such information under the terms hereof and shall use reasonable measures to store and maintain the Confidential Information or “Highly Confidential – 13.14.Attorney’s Eyes-Only Information” so as to prevent unauthorized disclosure. 15. Any document or information that may contain Confidential Information {12084638:2} 11 FILED: NEW YORK COUNTY CLERK 09/13/2022 05:49 PM INDEX NO. 656312/2022 NYSCEF DOC. NO. 38 RECEIVED NYSCEF: 09/13/2022 14.15.or “Highly Confidential – Attorney’s Eyes-Only Information” that has been inadvertently produced without identification as to its “confidential” or “highly confidential” nature as provided in paragraphs 2 and/or 11 of this Stipulation, may be so design ated by the party asserting the confidentiality privilege by written notice to the undersigned counsel for the Receiving Party identifying the document or information as “confidential” or “highly confidential” within a reasonable time following the discovery that the document or information has been produced without such designation. 16. Extracts and summaries of Confidential Information or “Highly Confidential – Attorney’s Eyes-Only Information” shall also be treated with the same level of confidentiality as the designated information from which it was derived. 17. The production or disclosure of Confidential Information or “Highly Confidential – Attorney’s Eyes-Only Information” shall in no way constitute a waiver of each Producing Party’s right to object to the production or disclosure of other information in this action or in any other action. Nothing in this Stipulation shall operate as an admission by any Party or non-party that any particular document or information is, or is not, “confidential” or 15.17.“highly confidential attorney’s-eyes only.” .” Failure to challenge a Confidential Information or “Highly Confidential – Attorney’s Eyes-Only Information” designation shall not preclude a subsequent challenge thereto. 18. This Stipulation is entered into without prejudice to the right of any Party 16.18.or non-partynonparty to seek relief from, or modification of, this Stipulation or any provisions thereof by properly noticed motion to the Court or to challenge any designation of confidentiality as inappropriate under the Civil Practice Law and Rules or other applicable law. 19. This Stipulation shall continue to be binding after the conclusion of this {12084638:2} 12 FILED: NEW YORK COUNTY CLERK 09/13/2022 05:49 PM INDEX NO. 656312/2022 NYSCEF DOC. NO. 38 RECEIVED NYSCEF: 09/13/2022 17.19.litigation except that there shall be no restriction on documents that are used as exhibits in Court (unless such exhibits were filed under seal); and (b) that a Receiving Party may seek the written permission of the Producing Party or further order of the Court wit h respect to dissolution or modification of the Stipulation. The provisions of this Stipulation shall, absent prior written consent of the parties, continue to be binding after the conclusion of this action. 20. Nothing herein shall be deemed to waive any privilege recognized by law, 18.20.or shall be deemed an admission as to the admissibility in evidence of any facts or documents revealed in the course of disclosure. 21. Within sixty (60) days after the final termination of this litigation by 19.21.settlement or exhaustion of all appeals, all Confidential Information or “and all Highly Confidential – Attorney’s Eyes-Only Information” produced or designated and all reproductions thereof shall be returned to the Producing Party or, at the Receiving Party’s option, shall be destroyed. In the event that any Receiving Party chooses to destroy physical objects and documents, such Party shall certify in writing within sixty (60) days of the final termination of this litigation that it has undertaken its best efforts to destroy such physical objects and documents, and that such physical objects and documents have been destroyed to the best of its knowledge. Notwithstanding anything to the contrary, counsel of record for the Parties may retain one copy of documents constituting work product, a copy of pleadings, motion papers, discovery responses, deposition transcripts and deposition and trial exhibits. This Stipulation shall not be interpreted in a manner that would violate any applicable rules of professional conduct. Nothing in this Stipulation shall prohibit or interfere with the ability of counsel for any Receiving Party, or of experts specially retained for this case, to represent any individual, corporation or other entity adverse to any Party or non-party or their affiliate(s) in connection with any other matter. {12084638:2} 13 FILED: NEW YORK COUNTY CLERK 09/13/2022 05:49 PM INDEX NO. 656312/2022 NYSCEF DOC. NO. 38 RECEIVED NYSCEF: 09/13/2022 22. If a Receiving Party is called upon to produce Confidential Information or “Highly 22. Confidential – Attorney’s Eyes-Only Information” in order to comply with a court order, subpoena, or other direction by a court, administrative agency, or legislative body, the Receiving Party from which the Confidential Information or “Highly Confidential – Attorney’s Eyes-Only Information” is sought shall (a) give written notice by overnight mail and either email or facsimile to the counsel for the Producing Party within five (5) business days of receipt of such order, subpoena, or direction, and (b) give the Producing Party five (5) business days to object to the production of such Confidential Information or “Highly Confidential – Attorney’s Eyes-Only Information,”, if the Producing Party so desires. Notwithstanding the foregoing, nothing in this paragraph shall be construed as requiring any party to this Stipulation to subject itself to any penalties for noncompliance with any court order, subpoena, or other direction by a court, administrative agency, or legislative body. 23. Pursuant to Rule 11-b(b) of the Rules of the Commercial Division, the Parties agree to employ a categorical approach to privilege designations, subject to the following: (a) No single category will include more than 100 documents (where an uninterrupted email chain is considered one document, and an email with attachments is considered one document, but a folder or binder of documents is not). (b) For the avoidance of doubt, non-privileged information or communications do not become privileged simply due to the fact that they are included in an uninterrupted email chain that does include privileged information. The parties will not intentionally withhold information they know to be non-privileged under these provisions, whether that knowledge is acquired through sampling or other review. {12084638:2} 14 FILED: NEW YORK COUNTY CLERK 09/13/2022 05:49 PM INDEX NO. 656312/2022 NYSCEF DOC. NO. 38 RECEIVED NYSCEF: 09/13/2022 (c) For each category of documents included in any privilege log, the Producing Party shall provide a certification, pursuant to 22 NYCRR § 130 - 1.1a, setting forth with specificity those facts supporting the privileged or protected status of the information included within the category. The certification shall also describe the steps taken to identify the documents so categorized, including but not limited to whether each document was reviewed or some form of sampling was employed, and if the latter, how the sampling was conducted. The certification shall be signed by the Responsible Attorney, as defined below, or by the party, through an authorized and knowledgeable representative. (d) In accordance with the discovery schedule set forth in the Preliminary Conference Order dated July 12, 2022 (NYSCEF Doc. No. 17), the categorical privilege logs described above shall be served by October 24, 2022. (e) Not later than one week after the service of the above- referenced privilege logs, the parties will meet and confer to negotiate in good faith about the categories in each such privilege log, including any categories that a party believes may not be properly subject to categorical privilege logging. The parties will endeavor to agree as to which, if any, categories would be appropriate to log on a document-by-document basis. (f) Not later than one week after the above-referenced meet and confer, each party may identify up to 3 of the categories asserted by the other party and insist on a document-by-document breakdown, without the prospect of cost-shifting. The documentby- document privilege logs so requested shall be produced no later than two weeks after they are requested. {12084638:2} 15 FILED: NEW YORK COUNTY CLERK 09/13/2022 05:49 PM INDEX NO. 656312/2022 NYSCEF DOC. NO. 38 RECEIVED NYSCEF: 09/13/2022 (g) Any further privilege logs served after October 24, 2022, whether in connection with supplemental discovery demands or otherwise, will be subject to the same certification requirement and 100 document limit. In each case, the parties agree to meet and confer within one week of service of the privilege log to negotiate in good faith about the categories in such privilege logs, including any categories that a party believes may not be properly subject to categorical privilege logging, and to identify within one week of such meet and confer up to 1 category in any such post-October 24, 2022 log that the party may insist be logged on a document-by-document basis without the prospect of cost-shifting. (h) The parties reserve the right to object to privilege assertions, whether made on the basis of categories or on a document-by-document basis, by making an appropriate application to the Court. (i) None of the foregoing shall constitute a waiver of any objections otherwise available to the parties, and shall not in any way preclude a party from pursuing such objections. 23. This Stipulation may be changed by further order of this Court, and is 20.24.without prejudice to the rights of a Party to move for relief from any of its provisions, or to seek or agree to different or additional protection for any particular material or information. 24. This Stipulation may be signed in counterparts, which, when fully 21.25.executed, shall constitute a single original, and electronic signatures shall be deemed original signatures. {12084638:2} 16 FILED: NEW YORK COUNTY CLERK 09/13/2022 05:49 PM INDEX NO. 656312/2022 NYSCEF DOC. NO. 38 RECEIVED NYSCEF: 09/13/2022 [FIRM] [FIRM] By: By: ________________________________ ________________________________ ___________________________________ ___________________________________ New York, New York New York, New York Tel: _______________________________ Tel: _______________________________ Attorneys for Plaintiff Attorneys for Defendant Dated: _________________ September 6, 2022 SO ORDERED ________________ QUINN EMANUEL URQUHART & J.S.C. SULLIVAN, LLP /s/______________________________ Michael B. Carlinsky ______________________________ Michael B. Carlinsky HON. MELISSA A. CRANE William B. Adams WINDELS MARX LANE & Owen F. Roberts MITTENDORF, LLP 51 Madison Avenue, 22nd Floor New York, New York 10010 (212) ______________________________ 849-7000 Craig P. Murphy michaelcarlinsky@quinnemanuel.co m John D. Holden williamadams@quinnemanuel.com Delton L. Vandever owenroberts@quinnemanuel.