Preview
CAUSE NO. DC-21—11406
IN THE DISTRICT COURT
§§§§§
METON 635 GRAVOIS ROAD LLC, .
'
635 GRAVOIS ROAD LEASING LLC, and
635 GRAVOIS ROAD REAL ESTATE
LLC,
§§§§§§§§§
Plaintiffs,
vs. I
44TH JUDICIAL DISTRICT
TRT HOLDINGS, INC,
RBR REAL ESTATE HOLDINGS, LLC,
BRIAN ZELMAN, and ADAM ZEITSIFF,
Defendants. DALLAS COUNTY, TEXAS
AGREED CONFIDENTIALITY ORDER
On this day, the Court considered the joint request of Plaintiffs, Milton 635 Grévois Road
LLC, and 635 Gravois Road Real Estate and
LLC, 635 Gravois Road Leasing LLC ("Plaintiffs"),
Defendants, TRT Holdings, Inc., RBR Real Estate Holdings, LLC, Brian Zelman, and Adam
Zeitsiff ("Defendants") for entry of a Confidentiality Order. For the purposes of this
COnfIdentiality Order, "Party" refers to Plaintiffs or Defendants. The Court finds that good cause
exists to grant the relief. Sought and that this Confidentiality Order is necessary and appropriate
and the" relief requested herein should be granted. Consistent with the foregoing, the Parties
this Confidentiality Order of the Court.
stipulate and agree through their respective counsel to
i
1. Ongoing discovery in the Captioned consolidated lawsuit (the "Litigation")
necessarily will involve the Parties' or third Parties' production of information‘and material they
consider to be trade secrets, sensitive,'confidential, proprietary and/or protected by statutory or
other legal privilege and that result in harm to the Parties if disseminated.
2. In the course of discovery or other proceedings in this case, the Parties'or any
third party may designate information or material as "Confidential Information."
AGREED CONFIDENTIALITY ORDER
'
Page 1
8964276 Vl (7220800006000)
"Confidential Information" means any nonpublic material a Party or third Party and its counsel
in good faith believe contains or reveals sensitive or proprietary commercial, financialzteclmical,
4
research development or business information or know-how.
3. Confidential Information shall not be disclosed to anyone other than the
Court's prior order,
following, except with the producing party's priorwritten consent or on this
l
obtained after written notice to that party's counsel:
(a) Employees or officers of the receiving Party;
of such
(b) litigation counsel and in-house counsel for the Parties, and employees
counsel, including outside vendors assisting in the litigation;
(c) the authors, senders, addressees, and designated copy recipients of the
Information, and any person that counsel reasonably believes, after priorinquiry
with such person, has had lawful access to such Information, provided that any
such individual has signed and complied with the attached Certification and
counsel wishing to make the disclosure notifies opposing counsel of the proposed
disclosure and provides the opposing counsel with the signed Certification within
10 days of its signing; and
(d) a noticed deponent or expected trial witness in this action while testifying; ‘
(e) expert witnesses and consultants, to the extent the receiving Party's counsel deems
reasonably necessary to prosecute or defend the case provided that such
individual has signed and complied with the attached Certification;
(f) court reporters recording proceedings at which the Confidential Information is
discussed or made of record;
r
(g) the Court, its personnel, and any mediator or arbitrator named in an order of the
V
Court.
4. This Confidentiality Order shall n'ot preclude the Pa’rties‘ respective litigation
counsel from, in the course of rendering advice to his or her client with respect to this Litigation,
frOm conveying to his or her client in a general way an evaluation of Confidential Information
produced or exchanged herein; provided, however, that in rendering such advice and otherwise
communicating with his or her client, counsel shall not disclose the specific contents, gist, or any
I
2
AGREED CONFIDENTIALITY‘ORDER Page
8964276 V1 (72208.00006.000) .
to the
such Information pr'oduced by another Party herein, which disclosure would be contrary
terms of this Confidentiality Order.
5. The producing party shall stamp Confidential Information as such on each page
I
used at a deposition, or
containing such material at the time it is provided to the Receiving Party,
submitted to the Court or by other means indicate that this Confidentiality Order is intended
to .
i t
apply to designated material in writing.
6. If any Confidential Information is marked, referenced, or discussed during a
deposition taken in this case, a Party may at the deposition or
within ten business days after the
of
deposition or ten days after delivery of the transcript thereof, designate appropriate portions
the deposition as Confidential Information subject to the terms of this Confidentiality order. A
to the Parties'
designation made after the deposition must be in a writing delivered respective
counsel.
7. Unless otherwise ordered by the Court, all Confidential Information will be held
by thereceiving Party or its counsel solely for use in connection. with this Litigation.
-No .
V
Confidential Information may be used for the purpose of any announcement.
8. A person receiving Confidential Information pursuant to this Confidentiality
Order shall, prior thereto, read this Order and agree to abide by its terms; agree to not use such
information for any purpose other than this Litigation; and agree not to reveal or discuss such
information to or with any person who is not entitled to receive such information as set forth
herein.
9. -
If a Party wishes to use any Confidential Information, or any material Iderived
therefrom, in any paper filed with the Court in this Litigation, such Information used therein
shall be conspicuously designated and, if so directed by the Court, maintained under seal by the
Clerk of the Court.
'
3
AGREED CONFIDENTIALITY ORDER ‘
Page
8964276 Vl (72208.00006.000)
Order shall not preclude the Parties' use of any of the
Th)is Confidentiality
10.
with the trial of this case or any hearing,
Confidential Information as exhibits in connection
-
provided that the confidentiality of the Information
shall be maintained at any hearing or the
trial of this case in a manner acceptable to the Parties, or as ordered by the Court.
ll. This Agreed Confidentiality Order will continue in effect after this Litigation is
in'
concluded, unless an authorized representative of the producing party expressly agrees
'
writing. The Court shall retain jurisdiction to enforce this Order. Should either a Party or a
third Part-y believe there has been an unauthorized use of Confidential Information, the Party or
third party may request a determination from the Court, upon motion and three days notice.
Should the Court determine there has been an unauthorized use of such Confidential
Information, the Court may declare this action to be a violation of this-Confidentiality Order,
'
punishable by sanctions for contempt of court and/or to award, injunctive relief prohibiting any
such use.
12. Unless otherwise agreed in writing between the Parties, or third Party as may be'
necessary, within thirty days after the termination of the Litigation, through settlement or
the
entry of a final, non-appealable order, all Confidential Information, and all copies thereof, l'
'
including but not limited to any notes or other transcriptions made therefrom, shall be returned
(upon the request of the producing party) or destroyed. by the Parties to whom such Confidential
Information was provided. Upon written request from the designating party, a Party shall
provide a written certification of the return or destruction of all Confidential Information,
and
all copies thereof, including but not limited to any notes or‘other transcriptions made therefrom.
The only exception to the obligations of this paragraph shall be that counsel of record shall be
allowed to retain their files and shall remain obligated to. honor the obligations of
confidentiality
created by this Confidentiality Order.
AGREED CONFIDENTIALITY ORDER Page 4
‘
8964276 Vl (72208.00006.000)
13. This Confidentiality Order is intended to facilitate discovery while preserving
claims of confidentiality, not to waive any claims or rights regarding confidentiality.
The Parties
of.
or third Parties shall not be deemed to have waived any claims of confidentiality by virtue
Order.
having entered into or provided information under this COnfidentiality
l4. A Party shall not be obligated to challenge the. propriety
of a designation as
Confidential Information at the time made, and a failure to do so shall not preclude a
thereto. In the! event that any Party disagrees at any time with a
subsequent challenge
confidentiality designation, the Parties shall first try to resolve such dispute
in good faith. If the
the Court with a minimum of
dispute cannot be resolved, any Party may request relief from
seven days notice.
15. A producing party's inadvertent or. unintentional disclosure of Confidential
or deposition testimony, whether the
Information, either by way of document production
information wasso designated at the time of disclosure, shall not be deemed a waiver in Whole or
or as to
party of a party's claim of confidentiality, either as to the specific infomiation disclosed
matter. Any such
any other information relating thereto or concerning the same or unrelated
material shall be designated as Confidential as soon as reaSonably possible after the producing
disclosure of
party becomes aware of its error. No liability shall attach for the receiving pafty's
such material from the time of receipt until such time as the producing party properly designates
|
it.
16. Any which a producing party in good faith claims to be subject to a
document
claim of attomey-c-lient privilege and which1s disclosed shall be deemed to have been disclosed
inadvertently. The fact of such disclosure shall not result in any waiver of
the attorney-client
to the producing
privilege with respect to such document, which shall be immediately returned
that prior to being notified of the inadvertent
party or its counsel. However, to the extent"
-
5
AGREED CONFIDENTIALITY ORDER Page
8964276 VI (72208.00006.000)
in good faith in documents filed with the
production, the receiving Party uses such infomiation
Court or at deposition, the receiving Party will have no obligation to expunge such information
fiom or otherwise alter such documents filed with the Court or the transcript of any
such
deposition.
or a Party's
1'7. Nothing herein shall be deemed to wail/e any applicable privilege
on use, relevance, or admissibility
ability to assert such privilege or objections or defenses based
at trial.
18. The restrictions and obligations relating to material designated Confidential
Information shall not apply to any information which:
(a) the Parties agree, or the Court rules, is already publicly available or known
to the receiving party before receipt frOm-the disclosing party;
(b) the Parties agree, or the Court rules, has become publicly known or
available other than as a result of' disclosure by the receiving Party, its
employees or agents in violation of this protective order; or
(c) has come or shall come into the receiving Party's legitimate possession
independently of the producing party Notwithstanding the provisions
of
this paragraph, a responding Party's actual documents and things marked -
as Confidential Information shall not be treated as non-c-onfidential by
the receiving Party and shall not be shown to any person who has not
agreed to the undertaking of foregoing paragraph.
'
l9. This Order may be amended without leave of Court by the written agreement of
‘
counsel for the Parties.
SIGNED this Raj/nay
OWOB.
JUDGE PREsrlbING
V7
I
AGREED CONFIDENTIALITY ORDER , Page 6
'
8964276 Vl (7220800006000)
AGREED:
/s/ Robert N. LeMav
.Robert N. LeMay
State‘Bar No. 12188750
rlemaygcv;krc1.com
Jaime M. DeWees
State Bar No. 24097593
jdewees@krcl.com
KANE RUSSELL COLEMAN LOGAN PC
90] Main Street
Suite 5200
Dallas, Texas 75202
(214) 777-4200 (Telephone)
(214) 777-4299 (Facsimile)
ATTORNEYS FOR PLAINTIFFS
/s/ Elliot Strader
Elliot Strader
State Bar No.
Elliot.strader@akerman.com
Xakema Henderson
State Bar No. .
'
xakema.henderson@akerman.com
AKERMAN LLP
2001 Ross Avenue, Suite 3600
Dallas, Texas 75201
(214) 720-4380 (Telephone)
(214) 981-9339 (Facsimile)
ATTORNEYS FOR DEFENDANTS
AGREED CONFIDENTIALITY ORDER Page 7
8964276 ~Vl (7220800006000)
CAUSE NO. DC—21-11406 I
‘
MILTON 635 GRAVOIS ROAD LLC, IN THE DISTRICT COURT
635 GRAVOIS ROAD LEASING LLC, 'and
'
635 GRAVOIS ROAD REAL ESTATE
LLC,
Plaintiffs,
vs. 44TH JUDICIAL DISTRICT
I
TRT HOLDINGS, INC, 1
RBR REAL ESTATE HOLDINGS, LLC,
BRIAN ZELMAN, and ADAM ZEITSIF F,
Defendants. DALLAS COUNTY, TEXAS
CERTIFICATION-
I,
' -
, residing or working at
,I certify that I have been provided with a copy of the
Agreed Confidentiality Order in the captioned litigation; that I have reviewed and understand the
Order; and that I agree to be bound by the terms thereof insofar as they apply to me.
I declare under penalty of perjury that the foregoing is true and correct.
Dated this day of , 20_
Executed at
(address)
(signature)
AGREED CONFIDENTIALITY ORDER Page s
8964276 v1 (72208.00006.000)
Preview
CAUSE NO. DC-21—11406 IN THE DISTRICT COURT §§§§§ METON 635 GRAVOIS ROAD LLC, . ' 635 GRAVOIS ROAD LEASING LLC, and 635 GRAVOIS ROAD REAL ESTATE LLC, §§§§§§§§§ Plaintiffs, vs. I 44TH JUDICIAL DISTRICT TRT HOLDINGS, INC, RBR REAL ESTATE HOLDINGS, LLC, BRIAN ZELMAN, and ADAM ZEITSIFF, Defendants. DALLAS COUNTY, TEXAS AGREED CONFIDENTIALITY ORDER On this day, the Court considered the joint request of Plaintiffs, Milton 635 Grévois Road LLC, and 635 Gravois Road Real Estate and LLC, 635 Gravois Road Leasing LLC ("Plaintiffs"), Defendants, TRT Holdings, Inc., RBR Real Estate Holdings, LLC, Brian Zelman, and Adam Zeitsiff ("Defendants") for entry of a Confidentiality Order. For the purposes of this COnfIdentiality Order, "Party" refers to Plaintiffs or Defendants. The Court finds that good cause exists to grant the relief. Sought and that this Confidentiality Order is necessary and appropriate and the" relief requested herein should be granted. Consistent with the foregoing, the Parties this Confidentiality Order of the Court. stipulate and agree through their respective counsel to i 1. Ongoing discovery in the Captioned consolidated lawsuit (the "Litigation") necessarily will involve the Parties' or third Parties' production of information‘and material they consider to be trade secrets, sensitive,'confidential, proprietary and/or protected by statutory or other legal privilege and that result in harm to the Parties if disseminated. 2. In the course of discovery or other proceedings in this case, the Parties'or any third party may designate information or material as "Confidential Information." AGREED CONFIDENTIALITY ORDER ' Page 1 8964276 Vl (7220800006000) "Confidential Information" means any nonpublic material a Party or third Party and its counsel in good faith believe contains or reveals sensitive or proprietary commercial, financialzteclmical, 4 research development or business information or know-how. 3. Confidential Information shall not be disclosed to anyone other than the Court's prior order, following, except with the producing party's priorwritten consent or on this l obtained after written notice to that party's counsel: (a) Employees or officers of the receiving Party; of such (b) litigation counsel and in-house counsel for the Parties, and employees counsel, including outside vendors assisting in the litigation; (c) the authors, senders, addressees, and designated copy recipients of the Information, and any person that counsel reasonably believes, after priorinquiry with such person, has had lawful access to such Information, provided that any such individual has signed and complied with the attached Certification and counsel wishing to make the disclosure notifies opposing counsel of the proposed disclosure and provides the opposing counsel with the signed Certification within 10 days of its signing; and (d) a noticed deponent or expected trial witness in this action while testifying; ‘ (e) expert witnesses and consultants, to the extent the receiving Party's counsel deems reasonably necessary to prosecute or defend the case provided that such individual has signed and complied with the attached Certification; (f) court reporters recording proceedings at which the Confidential Information is discussed or made of record; r (g) the Court, its personnel, and any mediator or arbitrator named in an order of the V Court. 4. This Confidentiality Order shall n'ot preclude the Pa’rties‘ respective litigation counsel from, in the course of rendering advice to his or her client with respect to this Litigation, frOm conveying to his or her client in a general way an evaluation of Confidential Information produced or exchanged herein; provided, however, that in rendering such advice and otherwise communicating with his or her client, counsel shall not disclose the specific contents, gist, or any I 2 AGREED CONFIDENTIALITY‘ORDER Page 8964276 V1 (72208.00006.000) . to the such Information pr'oduced by another Party herein, which disclosure would be contrary terms of this Confidentiality Order. 5. The producing party shall stamp Confidential Information as such on each page I used at a deposition, or containing such material at the time it is provided to the Receiving Party, submitted to the Court or by other means indicate that this Confidentiality Order is intended to . i t apply to designated material in writing. 6. If any Confidential Information is marked, referenced, or discussed during a deposition taken in this case, a Party may at the deposition or within ten business days after the of deposition or ten days after delivery of the transcript thereof, designate appropriate portions the deposition as Confidential Information subject to the terms of this Confidentiality order. A to the Parties' designation made after the deposition must be in a writing delivered respective counsel. 7. Unless otherwise ordered by the Court, all Confidential Information will be held by thereceiving Party or its counsel solely for use in connection. with this Litigation. -No . V Confidential Information may be used for the purpose of any announcement. 8. A person receiving Confidential Information pursuant to this Confidentiality Order shall, prior thereto, read this Order and agree to abide by its terms; agree to not use such information for any purpose other than this Litigation; and agree not to reveal or discuss such information to or with any person who is not entitled to receive such information as set forth herein. 9. - If a Party wishes to use any Confidential Information, or any material Iderived therefrom, in any paper filed with the Court in this Litigation, such Information used therein shall be conspicuously designated and, if so directed by the Court, maintained under seal by the Clerk of the Court. ' 3 AGREED CONFIDENTIALITY ORDER ‘ Page 8964276 Vl (72208.00006.000) Order shall not preclude the Parties' use of any of the Th)is Confidentiality 10. with the trial of this case or any hearing, Confidential Information as exhibits in connection - provided that the confidentiality of the Information shall be maintained at any hearing or the trial of this case in a manner acceptable to the Parties, or as ordered by the Court. ll. This Agreed Confidentiality Order will continue in effect after this Litigation is in' concluded, unless an authorized representative of the producing party expressly agrees ' writing. The Court shall retain jurisdiction to enforce this Order. Should either a Party or a third Part-y believe there has been an unauthorized use of Confidential Information, the Party or third party may request a determination from the Court, upon motion and three days notice. Should the Court determine there has been an unauthorized use of such Confidential Information, the Court may declare this action to be a violation of this-Confidentiality Order, ' punishable by sanctions for contempt of court and/or to award, injunctive relief prohibiting any such use. 12. Unless otherwise agreed in writing between the Parties, or third Party as may be' necessary, within thirty days after the termination of the Litigation, through settlement or the entry of a final, non-appealable order, all Confidential Information, and all copies thereof, l' ' including but not limited to any notes or other transcriptions made therefrom, shall be returned (upon the request of the producing party) or destroyed. by the Parties to whom such Confidential Information was provided. Upon written request from the designating party, a Party shall provide a written certification of the return or destruction of all Confidential Information, and all copies thereof, including but not limited to any notes or‘other transcriptions made therefrom. The only exception to the obligations of this paragraph shall be that counsel of record shall be allowed to retain their files and shall remain obligated to. honor the obligations of confidentiality created by this Confidentiality Order. AGREED CONFIDENTIALITY ORDER Page 4 ‘ 8964276 Vl (72208.00006.000) 13. This Confidentiality Order is intended to facilitate discovery while preserving claims of confidentiality, not to waive any claims or rights regarding confidentiality. The Parties of. or third Parties shall not be deemed to have waived any claims of confidentiality by virtue Order. having entered into or provided information under this COnfidentiality l4. A Party shall not be obligated to challenge the. propriety of a designation as Confidential Information at the time made, and a failure to do so shall not preclude a thereto. In the! event that any Party disagrees at any time with a subsequent challenge confidentiality designation, the Parties shall first try to resolve such dispute in good faith. If the the Court with a minimum of dispute cannot be resolved, any Party may request relief from seven days notice. 15. A producing party's inadvertent or. unintentional disclosure of Confidential or deposition testimony, whether the Information, either by way of document production information wasso designated at the time of disclosure, shall not be deemed a waiver in Whole or or as to party of a party's claim of confidentiality, either as to the specific infomiation disclosed matter. Any such any other information relating thereto or concerning the same or unrelated material shall be designated as Confidential as soon as reaSonably possible after the producing disclosure of party becomes aware of its error. No liability shall attach for the receiving pafty's such material from the time of receipt until such time as the producing party properly designates | it. 16. Any which a producing party in good faith claims to be subject to a document claim of attomey-c-lient privilege and which1s disclosed shall be deemed to have been disclosed inadvertently. The fact of such disclosure shall not result in any waiver of the attorney-client to the producing privilege with respect to such document, which shall be immediately returned that prior to being notified of the inadvertent party or its counsel. However, to the extent" - 5 AGREED CONFIDENTIALITY ORDER Page 8964276 VI (72208.00006.000) in good faith in documents filed with the production, the receiving Party uses such infomiation Court or at deposition, the receiving Party will have no obligation to expunge such information fiom or otherwise alter such documents filed with the Court or the transcript of any such deposition. or a Party's 1'7. Nothing herein shall be deemed to wail/e any applicable privilege on use, relevance, or admissibility ability to assert such privilege or objections or defenses based at trial. 18. The restrictions and obligations relating to material designated Confidential Information shall not apply to any information which: (a) the Parties agree, or the Court rules, is already publicly available or known to the receiving party before receipt frOm-the disclosing party; (b) the Parties agree, or the Court rules, has become publicly known or available other than as a result of' disclosure by the receiving Party, its employees or agents in violation of this protective order; or (c) has come or shall come into the receiving Party's legitimate possession independently of the producing party Notwithstanding the provisions of this paragraph, a responding Party's actual documents and things marked - as Confidential Information shall not be treated as non-c-onfidential by the receiving Party and shall not be shown to any person who has not agreed to the undertaking of foregoing paragraph. ' l9. This Order may be amended without leave of Court by the written agreement of ‘ counsel for the Parties. SIGNED this Raj/nay OWOB. JUDGE PREsrlbING V7 I AGREED CONFIDENTIALITY ORDER , Page 6 ' 8964276 Vl (7220800006000) AGREED: /s/ Robert N. LeMav .Robert N. LeMay State‘Bar No. 12188750 rlemaygcv;krc1.com Jaime M. DeWees State Bar No. 24097593 jdewees@krcl.com KANE RUSSELL COLEMAN LOGAN PC 90] Main Street Suite 5200 Dallas, Texas 75202 (214) 777-4200 (Telephone) (214) 777-4299 (Facsimile) ATTORNEYS FOR PLAINTIFFS /s/ Elliot Strader Elliot Strader State Bar No. Elliot.strader@akerman.com Xakema Henderson State Bar No. . ' xakema.henderson@akerman.com AKERMAN LLP 2001 Ross Avenue, Suite 3600 Dallas, Texas 75201 (214) 720-4380 (Telephone) (214) 981-9339 (Facsimile) ATTORNEYS FOR DEFENDANTS AGREED CONFIDENTIALITY ORDER Page 7 8964276 ~Vl (7220800006000) CAUSE NO. DC—21-11406 I ‘ MILTON 635 GRAVOIS ROAD LLC, IN THE DISTRICT COURT 635 GRAVOIS ROAD LEASING LLC, 'and ' 635 GRAVOIS ROAD REAL ESTATE LLC, Plaintiffs, vs. 44TH JUDICIAL DISTRICT I TRT HOLDINGS, INC, 1 RBR REAL ESTATE HOLDINGS, LLC, BRIAN ZELMAN, and ADAM ZEITSIF F, Defendants. DALLAS COUNTY, TEXAS CERTIFICATION- I, ' - , residing or working at ,I certify that I have been provided with a copy of the Agreed Confidentiality Order in the captioned litigation; that I have reviewed and understand the Order; and that I agree to be bound by the terms thereof insofar as they apply to me. I declare under penalty of perjury that the foregoing is true and correct. Dated this day of , 20_ Executed at (address) (signature) AGREED CONFIDENTIALITY ORDER Page s 8964276 v1 (72208.00006.000)