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CAUSE NO. DC-22-01748
ALANI CONSULTING, INC..and § IN THE DISTRICT COURT
BIZ CONSULTING, LLC, §
’
'§
Plaintiffs, §
§ '
v. § .14TH JUDICIAL DISTRICT
/ .
§
UST GLOBAL INC and §
ALAN GOERNER, §
'
§ I
Defendants. § DALLAS COUNTY, TEXAS
PROTECTIVE ORDER
In order to presewe the rights of litigants in these proceedings to claim confidentiality of
certain documents to be produced in this litigation by theparties, the Court orders as follows:
I . Terms.
a. “Confidential Information” means information that constitutes a trade secret
or reveals confidential research, development, or commercial infonnation.
Confidential. Information does not include information that has been
disclosed in the public domain.
b. “Protected Documents” means materials, documents or discovery responses
containing Confidential Information disclosed’or produced by any party in
I
this litigation.
i
c. “Confidential Material” means any document(s) claimed pursuant to
Section 2(a) or (b) of this Order and any Confidential Information claimed
to be contained therein, to the extent allowed by this Order.
Protective Order — Page I
2. Designation.
a. document (or portion ofa document) that a party determines in good faitli
FA
to be a Protected Document may be claimed as confidential by ( 1) stamping
the Word “|CONF[DENTIAL” on the document, or (2) using any other
reasonable method agreed to by the parties. Such stamping” shall not obscure
any writings on the documents.
A party may, on the record of a deposition or by written notice to opposing
counsel not later than seventy-two hours after receipt of the deposition
transcript, claim any portion(s) of the deposition as “CONFIDENTIAL”
based on a good faith determination that so claimed constitute
any portions
a Protected Document. To theextent possible, any so claimed shall
portions
be transcribed separately and marked by the court reporter as
“CONFIDENTIAL.”
By claiming a document Confidential Material pursuant to Section 2(a) or
2(_b), a party represents that it has made a bona fide, good faith
determination that the document does, in fact, contain 'Com‘idential-
lnfonnation.
3. Challenge to Claim.
a. Any party may challenge a claim made under Section 2(a) or 2(b) by written
notice of its objection to counsel for the claiming party or non—party.
Challenge to a.
claim made under Section 2(b) may be made either upon the
record of the deposition or as provided in the preceding sentence.
In the event a claim is challenged. the party requesting confidential
treatment will move for an appropriate ruling from the Court. The material
Protective Order - Page 2
shall be treated as Confidential Material until the expiration of twenty days
if no motion is made by the party requesting confidential treatment (at
which time the material shall no longer be treated as Confidential Material),
or, if a motion is made, until the Court rules.
I
c. A party shall not be obligated to challenge the propriety of the designation
of documents as Confidential Materials at the time of designation, and
failure to do so shall not preclude a subsequent challenge to the designation.
-
4. Use ofConfidential Material Limited.
Confidential Material shall be treated as confidential and used ( l ) by counsel in this
case solely for the litigation of this case or (2) by counsel in other actions arising
out of the same or similar set or occurrences that are asserted
offacts, transactions,
in the petition filed in this case solely for the litigation of such actions. Except as
set forth in Section 6, Confidential Material shall not be revealed without the
express written consentoftlre party claiming same as Confidential Material or upon
written order of the Court.
5. Not Applicable to Trial.
This Order shall not apply to the disclosure of Protected Documents or the
information contained therein at the time of trial, through the receipt of Protected
Documents into. evidence or through the testimony of witnesses. The closure of trial
proceedings and sealing of the record of a trial involve considerations not presently
before the Court. issues may be taken up as a separate matter upon the motion
These
of any party in compliance with Rule 76a TRCP.
Protective Order — Page 3
6. Permitted Disclosures.
Confidential Material may be shown. disseminated, or disclosed only to the
following persons:
a. The Parties, including their officers, directors, in-house legal department,
and employees;'
b. All attorneys of record for the parties in this case, including members of
their respective law finns, and their employees assisting in the preparation
ofthis case for trial;
0. Expeits and consultants retained by the parties for the preparation or trial of
this
case;
d. Translators privately retained by the parties for the preparation or trial of
this case;
e. The Court, its staff, court reporters. deposition videographers. mediators,
couit-appointed translators. witnesses. and the jury in this case;
f. Any attomey representing a paity in other present or future cases in any
i
court in the United States against the party asserting confidentiality alleging
claims. arising out of the same or similar set of facts, transactions, or
occun‘ences that are in the petition filed in this case;
asserted
7. Agreement by Recipients.
Before being given access to Confidential Material, each person described in
paragraph 6(b), (c) or (e), shall be advised of the terms ofthis Order, shall be given
a copy of this Order, and shall sign a copy of Exhibit “A.”
'
The term “Parties“ means Plaintiffs Alani‘ Consulting, Inc. and BIZ Consulting. LLC‘ and Defendants US
Global Inc. and Alan Goerner. ~
'
Protective Order ~ Page 4
Retention of Jurisdiction by Court.
This Com“: shall retain jurisdiction to make amendments, modifications, and .
additions to this Order as the Court may, from time to time, deem appropriate, as
well as to resolve any disputes.
Production Not a Waiver:
The Production of Confidential Material pursuant to this Order is not intended to
constitute a waiver of any privilege or right to claim the trade secret or confidential
status of the documents, materials, or information produced.
l0 Public Health and Safety.
Nothing in this Order is intended to prevent any party from raising with the Court
any concern that the non-disclosure of certain Confidential Material may have a
possible adverse effect' upon the general public health or safety, or the
administration or operation of government or public office.
This Order does not seal Court Records in this case and is only-intended to facilitate the
prompt production ofdiscovely materials. Any motion to seal Court Records must strictly adhere
to Rule 7621, TRC P. No determination is being made by the Court at this time that-these documents
are confidential or entitled to protection. Such issues are reserved and will be ruled upon pursuant
to this Order and any applicable notice and hearing provisions. This Order merely provides a
framework for the parties to claim such materials as confidential to preserve their right to s'eelo
protection for these documents as confidential proprietary information, and to preserve such issues
for ruling until each party may prepare their appropriate arguments on these issues.
g NW Mm,
V
Protective Order — Page 5 _
IT IS SO ORDERED.
Signed this _ day of , 2022
ERIC V. MOVE
JUDGE, 14TH JUDICIAL DISTRICT COURT
DALLAS COUNTY, TEXAS
UNI-168.07 l 7458 4832-8404-0241 l \‘l
Protective Order - Page 6
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CAUSE NO. DC-22-01748 ALANI CONSULTING, INC..and § IN THE DISTRICT COURT BIZ CONSULTING, LLC, § ’ '§ Plaintiffs, § § ' v. § .14TH JUDICIAL DISTRICT / . § UST GLOBAL INC and § ALAN GOERNER, § ' § I Defendants. § DALLAS COUNTY, TEXAS PROTECTIVE ORDER In order to presewe the rights of litigants in these proceedings to claim confidentiality of certain documents to be produced in this litigation by theparties, the Court orders as follows: I . Terms. a. “Confidential Information” means information that constitutes a trade secret or reveals confidential research, development, or commercial infonnation. Confidential. Information does not include information that has been disclosed in the public domain. b. “Protected Documents” means materials, documents or discovery responses containing Confidential Information disclosed’or produced by any party in I this litigation. i c. “Confidential Material” means any document(s) claimed pursuant to Section 2(a) or (b) of this Order and any Confidential Information claimed to be contained therein, to the extent allowed by this Order. Protective Order — Page I 2. Designation. a. document (or portion ofa document) that a party determines in good faitli FA to be a Protected Document may be claimed as confidential by ( 1) stamping the Word “|CONF[DENTIAL” on the document, or (2) using any other reasonable method agreed to by the parties. Such stamping” shall not obscure any writings on the documents. A party may, on the record of a deposition or by written notice to opposing counsel not later than seventy-two hours after receipt of the deposition transcript, claim any portion(s) of the deposition as “CONFIDENTIAL” based on a good faith determination that so claimed constitute any portions a Protected Document. To theextent possible, any so claimed shall portions be transcribed separately and marked by the court reporter as “CONFIDENTIAL.” By claiming a document Confidential Material pursuant to Section 2(a) or 2(_b), a party represents that it has made a bona fide, good faith determination that the document does, in fact, contain 'Com‘idential- lnfonnation. 3. Challenge to Claim. a. Any party may challenge a claim made under Section 2(a) or 2(b) by written notice of its objection to counsel for the claiming party or non—party. Challenge to a. claim made under Section 2(b) may be made either upon the record of the deposition or as provided in the preceding sentence. In the event a claim is challenged. the party requesting confidential treatment will move for an appropriate ruling from the Court. The material Protective Order - Page 2 shall be treated as Confidential Material until the expiration of twenty days if no motion is made by the party requesting confidential treatment (at which time the material shall no longer be treated as Confidential Material), or, if a motion is made, until the Court rules. I c. A party shall not be obligated to challenge the propriety of the designation of documents as Confidential Materials at the time of designation, and failure to do so shall not preclude a subsequent challenge to the designation. - 4. Use ofConfidential Material Limited. Confidential Material shall be treated as confidential and used ( l ) by counsel in this case solely for the litigation of this case or (2) by counsel in other actions arising out of the same or similar set or occurrences that are asserted offacts, transactions, in the petition filed in this case solely for the litigation of such actions. Except as set forth in Section 6, Confidential Material shall not be revealed without the express written consentoftlre party claiming same as Confidential Material or upon written order of the Court. 5. Not Applicable to Trial. This Order shall not apply to the disclosure of Protected Documents or the information contained therein at the time of trial, through the receipt of Protected Documents into. evidence or through the testimony of witnesses. The closure of trial proceedings and sealing of the record of a trial involve considerations not presently before the Court. issues may be taken up as a separate matter upon the motion These of any party in compliance with Rule 76a TRCP. Protective Order — Page 3 6. Permitted Disclosures. Confidential Material may be shown. disseminated, or disclosed only to the following persons: a. The Parties, including their officers, directors, in-house legal department, and employees;' b. All attorneys of record for the parties in this case, including members of their respective law finns, and their employees assisting in the preparation ofthis case for trial; 0. Expeits and consultants retained by the parties for the preparation or trial of this case; d. Translators privately retained by the parties for the preparation or trial of this case; e. The Court, its staff, court reporters. deposition videographers. mediators, couit-appointed translators. witnesses. and the jury in this case; f. Any attomey representing a paity in other present or future cases in any i court in the United States against the party asserting confidentiality alleging claims. arising out of the same or similar set of facts, transactions, or occun‘ences that are in the petition filed in this case; asserted 7. Agreement by Recipients. Before being given access to Confidential Material, each person described in paragraph 6(b), (c) or (e), shall be advised of the terms ofthis Order, shall be given a copy of this Order, and shall sign a copy of Exhibit “A.” ' The term “Parties“ means Plaintiffs Alani‘ Consulting, Inc. and BIZ Consulting. LLC‘ and Defendants US Global Inc. and Alan Goerner. ~ ' Protective Order ~ Page 4 Retention of Jurisdiction by Court. This Com“: shall retain jurisdiction to make amendments, modifications, and . additions to this Order as the Court may, from time to time, deem appropriate, as well as to resolve any disputes. Production Not a Waiver: The Production of Confidential Material pursuant to this Order is not intended to constitute a waiver of any privilege or right to claim the trade secret or confidential status of the documents, materials, or information produced. l0 Public Health and Safety. Nothing in this Order is intended to prevent any party from raising with the Court any concern that the non-disclosure of certain Confidential Material may have a possible adverse effect' upon the general public health or safety, or the administration or operation of government or public office. This Order does not seal Court Records in this case and is only-intended to facilitate the prompt production ofdiscovely materials. Any motion to seal Court Records must strictly adhere to Rule 7621, TRC P. No determination is being made by the Court at this time that-these documents are confidential or entitled to protection. Such issues are reserved and will be ruled upon pursuant to this Order and any applicable notice and hearing provisions. This Order merely provides a framework for the parties to claim such materials as confidential to preserve their right to s'eelo protection for these documents as confidential proprietary information, and to preserve such issues for ruling until each party may prepare their appropriate arguments on these issues. g NW Mm, V Protective Order — Page 5 _ IT IS SO ORDERED. Signed this _ day of , 2022 ERIC V. MOVE JUDGE, 14TH JUDICIAL DISTRICT COURT DALLAS COUNTY, TEXAS UNI-168.07 l 7458 4832-8404-0241 l \‘l Protective Order - Page 6