Preview
CAUSE NO. DC-16-11118
STROM AVIATION, INC., § IN THE DISTRICT COURT OF
§
Plaintiff §
§
v. §
§
JEFFREY. WAYNE ROBINSON, §
JOE WAYNE ROBINSON, §
AND AVIATION CONSULTING §
EXPERTS, INC. §
§ DALLASCOUNTY,TEXAS
Defendants §
§
ROBINSON AIRCRAFT INTERIORS, §
INC., §
§
Defendant and Third Party Plaintiff §
§
v. §
§
DANIEL G. WROLSON §
§
Third Party Defendant § 95th JUDICIAL DISTRICT
AGREED PROTECTIVE ORDER
IT IS HEREBY STIPULATED AND AGREED BETWEEN THE PARTIES that the
following confidentiality procedures shall govern the production and exchange of all documents,
testimony, interrogatories, and other information produced, given, or exchanged by and among
the parties to and entities subject to discovery in the above-captioned action (the "Action"):
1. Purpose and Scope. Discovery in this Action may involve disclosure of trade
secrets, confidential, proprietary, or sensitive business, technical, financial, and
personal information. This Agreed Protective Order (the "Protective Order")
therefore is entered into to protect against unauthorized disclosure of such
information. This Protective Order shall govern all documents (whether in
AGREED PROTECTIVE ORDER
writing, in electronically readable form, or otherwise), interrogatory responses,
responses to requests for admission, responses to requests for production,
deposition testimony, and all other material and information produced, given,
filed, or otherwise used in the course of this Action or required by Court order,
local rules, or the Texas Rules of Civil Procedure (collectively, "Discovery
Material").
2. Applicability. This Protective Order will be binding on (a) all parties to this suit,
including but not limited to Strom Aviation, Inc., Dan Wrolson, Robinson
Aircraft Interiors, Inc., Jeffrey Wayne Robinson, Joe Wayne Robinson, and
Aviation Consulting Experts, including their officers, directors, employees, and
agents; and (b) any other person or entity that produces discovery in this Action
and agrees to be bound by the terms of this Protective Order.
3. Designation of Material as Confidential. Any party, person, or entity subject to
discovery in this Action may designate any Discovery Material as "Confidential"
(hereinafter referred to as "Confidential Material") when counsel in good faith
believes that such Confidential Material constitutes or reveals a sensitive research,
development, or commercial information or financial or personal information
which requires the protection provided in this Protective Order. The designation
by any party or entity of any Discovery Material as "Confidential" shall constitute
a representation that there is a good-faith basis for such designation. A producing
party or witness may designate Confidential Material by marking any originals or
copies of the documents or other tangible items with the legend
"CONFIDENTIAL." A party producing Confidential Material that inadvertently
AGREED PROTECTIVE ORDER
fails to designate it at the time of production shall have ten (1 0) days after
becoming aware of its inadvertent disclosure to designate the Confidential
Material by so informing all other counsel in writing.
4. Disclosure of Confidential Material. Except with the consent of the producing
party or upon court order, Confidential Material shall not be disclosed directly or
indirectly by the person receiving such materials to persons other than the
following:
(A) The Court, the trier of fact, persons employed by the Court, and
stenographers transcribing the testimony or argument at a hearing, pretrial
proceeding, or deposition in this action or any appeal therefrom;
(B) Counsel for the named or representative parties in this action, as well as
associates, paralegals, legal assistants, secretarial, and clerical employees,
and outside services (including, without limitation, copy services,
litigation consulting services, document management services, and
graphics services) who are assisting counsel in the prosecution and/or
defense of this Action;
(C) Independent experts and consultants who are not otherwise employed by
or regularly perform service for any of the parties and who are retained,
employed, or consulted by outside counsel of record in connection with
the prosecution and/or defense of this Action in accordance with
paragraph 9 below;
(D) Representatives of a named party who is an entity who are directly
involved in the handling and/or administration of the Action or who, in the
AGREED PROTECTIVE ORDER
good faith judgment of the party's counsel, need to have access to
Confidential Material in connection with the proper handling of this case;
(E) Witnesses or potential witnesses who have authored or reviewed the
Confidential Material prior to its production and with whom the parties'
attorneys deem it necessary to discuss such materials in the course of
discovery and/or preparation for trial in accordance with paragraph 9
below; and
(F) Any other person who is designated to receive Confidential Material by
Order of the Court or agreement of the parties.
5. Designation of Material as Highly Confidential. The parties recognize that certain
Discovery Material constitutes highly sensitive proprietary business, financial,
'
and other information. Any party, person, or entity subject to discovery in this
Action may designate any Discovery Material as "Highly Confidential"
(hereinafter referred to as "Highly Confidential Material") when counsel in good
faith believes that such Highly Confidential Material constitutes or reveals a trade
secret or other confidential research, development, or commercial information or
financial or personal information which requires the protection provided in this
Protective Order. The designation by any party or entity of any Discovery
Material as "Highly Confidential Material" shall constitute a representation that
there is a good-faith basis for such designation. A producing party or witness
may designate Highly Confidential Material by marking any originals or copies of
the documents or other tangible items with the legend "HIGHLY
CONFIDENTIAL" at the time of their production. Upon designation of
AGREED PROTECTIVE ORDER
Discovery Material as "Highly Confidential" the protections set forth below
governing Highly Confidential Material apply.
6. Disclosure of Highly Confidential Material. Except with the consent of the
producing party or upon Court order, Highly Confidential Material shall not be
disclosed directly or indirectly by the person receiving such materials to persons
other than the following:
(A) The Court, the trier of fact, persons employed by the Court, and
stenographers transcribing the testimony or argument at a hearing, pretrial
proceeding, or deposition in this Action or any appeal therefrom;
(B) Counsel for the named or representative parties in this Action, as well as
associates, paralegals, legal assistants, secretarial, and clerical employees,
and outside services (including, without limitation, copy services,
litigation consulting services, document management services, and
graphics services) who are assisting counsel in the prosecution and/or
defense of this Action; and
(C) Independent experts and consultants who are not otherwise employed by
or regularly perform service for any of the parties and who are retained,
employed, or consulted by counsel of record in connection with the
prosecution and/or defense of this Action in accordance with paragraph 9
below.
(D) Any other person who is designated to recetve Highly Confidential
Material by Order of the Court or agreement of the parties. Except as
otherwise provided in this Protective Order, or by a written agreement of
AGREED PROTECTIVE ORDER
the parties, signed by their respective counsel of record, Highly
Confidential Material shall not be used by or disclosed to any party or
officer, director, employee, principal, agent, or representative of any party.
7. Objections to Confidentiality Designations. Any party has the right to object to
the designation of any documents, information or materials as "Confidential" or
"Highly Confidential." Such objection shall be made by serving on the disclosing
party in writing a notice challenging the designation and specifically identifying
the individual documents (i.e., by Bates number range), information, or materials
with regard to which the designation is challenged, including a brief statement of
the basis for the challenge as to each document, information, or material. The
disclosing party may then, within fifteen (15) days after service of such notice,
inform the objecting party whether it intends to maintain the challenged
designation. The objecting party may then, if necessary, file a motion to have this
Court rule on any challenged Confidential or Highly Confidential designation
identified in that notice. The disclosing party will bear the burden of proving, if
any such motion is filed by the objecting party, that the challenged documents,
information, or materials should continue to be deemed Confidential and/or
Highly Confidential. All documents, information, or materials so designated will
continue to be deemed Confidential or Highly Confidential under this Order
pending a final ruling on such a motion. Any documents, information, or
materials whose Confidential or Highly Confidential designation is so challenged
by written notice will cease to be deemed Confidential and/or Highly Confidential
if, upon expiration of the specified fifteen (15) day period, the disclosing party
AGREED PROTECTIVE ORDER
fails to respond to the objecting party's written notice or informs the objecting
party that it has voluntarily withdrawn such designation.
8. Designation of Testimony by Producing Party or Witness. Information or
documents disclosed at a deposition may be designated as Confidential Material
or Highly Confidential Material by indicating during the deposition, while on the
record, that the information or documents are Confidential or Highly Confidential
Material subject to the provisions of this Protective Order. Confidential or Highly
Confidential Material marked during a deposition shall be subject to the terms of
this Protective Order, and treated as Confidential Material and Highly
Confidential Material during and after the deposition. If counsel attending a
deposition fails to designate any portion of the transcript as Confidential Material
on the record at the deposition, such counsel shall have fourteen (14) days after
receipt of the transcript to make such a designation by informing all other counsel
in writing.
9. Protective Order Binding. This Protective Order is binding on all parties to this
action (including any officer, director, employee) principal, agent, or
representative of a party), their counsel, and their counsel's employees. Counsel
for all parties agrees to advise these people of the confidentiality requirements
imposed by this Protective Order and to undertake responsibility for enforcing the
Protective Order. All experts or consultants authorized by this Protective Order to
have access to Confidential or Highly Confidential Material, and any witnesses
not otherwise bound by this Protective Order, shall execute an agreement,
AGREED PROTECTIVE ORDER
annexed to this Protective Order as Exhibit A, before gammg access to the
Confidential or Highly Confidential Material.
10. Return of Discovery Material. Confidential Material shall be subject to this
Protective Order while this case is pending, and after the'termination of this case.
Confidential Material may be used or disclosed only in connection with this case,
and may only be used in compliance with the provisions of this Protective Order.
Confidential Material shall not be used for any business purpose, or other
purpose, whatsoever, except as expressly provided by this Protective Order.
Within forty-five (45) days after final termination ofthis case, which is defined as
exhaustion of all appeals or the expiration of all appellate deadlines, all
Confidential Material or Highly Confidential, including all copies, shall be
returned to the party that produced it, or promptly destroyed after a written
request for destruction by the producing party, and the court clerk shall make
available to the producing party any documents filed or lodged under seal.
11 . No Waiver. Nothing in this Protective Order shall be deemed to limit or waive
any right of any party to resist discovery with respect to Confidential Material or
Highly Confidential Material it claims to be privileged, not properly subject to
discovery, or otherwise protected. Neither shall anything in this Protective Order
be deemed to preclude any party at any time from seeking nor obtaining from the
Court, or from any other party, additional protection, including an order or
agreement that material shall not be produced.
12. Court Filings. Any document filed or lodged with the Court that contains
Confidential Material or Highly Confidential Material shall be filed or lodged
AGREED PROTECTIVE ORDER
under seal, and shall be marked with words to the effect: "FILED UNDER SEAL
PURSUANT TO PROTECTIVE ORDER. THIS DOCUMENT CONTAINS
CONFIDENTIAL MATERIAL SUBJECT TO A PROTECTIVE ORDER
ISSUED BY THE COURT, AND MAY NOT BE COPIED OR EXAMINED
EXCEPT IN COMPLIANCE WITH THAT ORDER." Documents so labeled
shall be kept by the clerk under seal and shall be made available only to the Court
or counsel for the parties in this action. If the filing or lodging party fails to so
file or lodge a document under the seal, the producing party may request that the
Court place the document under seal.
13. Inadvertent Disclosure. If Confidential Material is inadvertently disclosed to any
person other than in the manner authorized by this Protective Order, any party
learning of the disclosure shall immediately inform the party that designated the
information as Confidential Material or Highly Confidential Material of all
pertinent information relating to the disclosure. Any party responsible for the
disclosure shall make reasonable efforts to prevent disclosure by any unauthorized
person who receives such information. Each person who receives Confidential
Material or Highly Confidential Material pursuant to this Protective Order agrees
to subject himself or herself to the jurisdiction of this Court for any proceedings
relating to the performance, compliance with, or violation of this Protective
Order.
14. No Admission. Nothing contained in this Protective Order or any declaration of
confidentiality or restriction hereunder shall be used or characterized by any party
as an "admission" by a party opponent. The failure of a party to object to or to
AGREED PROTECTIVE ORDER
challenge a designation by another party of Discovery Materials as "Confidential"
or "Highly Confidential" shall not constitute an admission that the materials so
designated are in fact confidential, are trade secrets, or other confidential research,
development, commercial, or proprietary information or are entitled to any legal
protection.
15. No Restrictions on Admissibility or Use. Nothing herein shall impose any
restriction on the use or disclosure by a party of its own documents or information
including the deposition testimony of its employees or experts. Nor shall this
Protective Order be construed to prevent any party or its counsel or experts from
making use as they see fit of documents or information which were lawfully
available to the public or which were lawfully in the possession of the party,
counsel, or expert prior to another party's providing them, or which properly
came into the possession of the party, counsel, or expert. Nothing in this
Protective Order affects the admissibility of documents into evidence.
16. Agreement Applicable to Non-Parties. Any non-party from whom discovery is
sought shall be entitled to designate materials and testimony produced as
"Confidential" or "Highly Confidential" pursuant to the terms of this Protective
Order and the parties may designate materials and testimony produced by
nonparties as "Confidential" or "Highly Confidential" pursuant to the terms of
this Protective Order.
17. Judicial Review. Nothing in this Protective Order shall abridge the rights of any
person to seek judicial review or to pursue other appropriate judicial action with
AGREED PROTECTIVE ORDER
respect to any ruling made by this Court concerning the status of documents or
tangible things designated "Confidential" or "Highly Confidential."
18. Stipulation Effective On Signing. After the execution of this Protective Order by
the parties' respective counsel, but before any approval by the Court, this
Protective Order shall become effective among such parties who have executed
this agreement immediately upon execution.
19. Continuing Jurisdiction. The Court retains jurisdiction to enforce the terms of this
Protective Order subsequent to settlement or entry of judgment in this Action.
20. Further Motions Not Precluded. This Protective Order may be modified only by
order of the Court or by written stipulation of the parties.
Signed on this_ _ day of _ _, 2017.
Honorable Judge Presiding
AGREED PROTECTIVE ORDER
AGREED AS TO FORM AND SUBSTANCE:
CarQ.ly,li.R~rines@GodwinLaw~ com
Jenny L. Martinez
State Bar No. 24013109
,lenny. M~ 1•ti nez@GodwiuLHw .com
Renaissance Tower
1201 Elm, Suite 1700
Dallas, Texas 75270-2084
(214) 939-4400 Telephone
(214) 760-7332 Facsimile
ATTORNEYS FOR DEFENDANTS
ROBINSON AIRCRAFT INTERIORS, INC.,
JEFFREY WAYNE ROBINSON, JOE WAYNE
ROBINSON, AND AVIATION CONSULTING
E~~
Robert F. Maris
State Bar No. 12986300
nnaris@marislanier .com
Alise N. Abel
nnbeltii>,Mtnislaniet·.eom
3710 Rawlins Street,
Suite 1550
Dallas, Texas 75219
(214) 706-0920 Telephone
(214) 706-0921 Facsimile
ATTORNEYS FOR STROM AVIATION, INC.
AND DANIEL 0. WROLSON
AGREED PROTECTIVE ORDER
EXHIBIT A
UNDERTAKING ON CONFIDENTIAL AND
HIGHLY CONFIDENTIAL MATERIALS
The undersigned has read the annexed Agreement, understands its contents, and hereby
undertakes to make no disclosures of Confidential or Highly Confidential Material to any person
who is not permitted to have access to it by this Agreement, as applicable. In addition, the
undersigned agrees not to use Confidential or Highly Confidential Material for any purpose
whatsoever other than in connection with this litigation. The undersigned understands that a
violation of this undertaking could be punishable and hereby submits to the jurisdiction of the
Court for purposes of enforcement of the annexed Agreement.
Date: _ _ _ __ _ _ _ _ __ Name: _ _ _ _ _ _ __ _ _ _ __
(Print or type)
Signature: _ _ _ __ _ _ _ __ _ _ __ _
SWORN TO AND SUBSCRIBED before me this _ _ day of _ _ _ __ __, 2015.
Notary Public
AGREED PROTECTIVE ORDER
2899114 v2-25854/0002 DISCOVERY
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CAUSE NO. DC-16-11118 STROM AVIATION, INC., § IN THE DISTRICT COURT OF § Plaintiff § § v. § § JEFFREY. WAYNE ROBINSON, § JOE WAYNE ROBINSON, § AND AVIATION CONSULTING § EXPERTS, INC. § § DALLASCOUNTY,TEXAS Defendants § § ROBINSON AIRCRAFT INTERIORS, § INC., § § Defendant and Third Party Plaintiff § § v. § § DANIEL G. WROLSON § § Third Party Defendant § 95th JUDICIAL DISTRICT AGREED PROTECTIVE ORDER IT IS HEREBY STIPULATED AND AGREED BETWEEN THE PARTIES that the following confidentiality procedures shall govern the production and exchange of all documents, testimony, interrogatories, and other information produced, given, or exchanged by and among the parties to and entities subject to discovery in the above-captioned action (the "Action"): 1. Purpose and Scope. Discovery in this Action may involve disclosure of trade secrets, confidential, proprietary, or sensitive business, technical, financial, and personal information. This Agreed Protective Order (the "Protective Order") therefore is entered into to protect against unauthorized disclosure of such information. This Protective Order shall govern all documents (whether in AGREED PROTECTIVE ORDER writing, in electronically readable form, or otherwise), interrogatory responses, responses to requests for admission, responses to requests for production, deposition testimony, and all other material and information produced, given, filed, or otherwise used in the course of this Action or required by Court order, local rules, or the Texas Rules of Civil Procedure (collectively, "Discovery Material"). 2. Applicability. This Protective Order will be binding on (a) all parties to this suit, including but not limited to Strom Aviation, Inc., Dan Wrolson, Robinson Aircraft Interiors, Inc., Jeffrey Wayne Robinson, Joe Wayne Robinson, and Aviation Consulting Experts, including their officers, directors, employees, and agents; and (b) any other person or entity that produces discovery in this Action and agrees to be bound by the terms of this Protective Order. 3. Designation of Material as Confidential. Any party, person, or entity subject to discovery in this Action may designate any Discovery Material as "Confidential" (hereinafter referred to as "Confidential Material") when counsel in good faith believes that such Confidential Material constitutes or reveals a sensitive research, development, or commercial information or financial or personal information which requires the protection provided in this Protective Order. The designation by any party or entity of any Discovery Material as "Confidential" shall constitute a representation that there is a good-faith basis for such designation. A producing party or witness may designate Confidential Material by marking any originals or copies of the documents or other tangible items with the legend "CONFIDENTIAL." A party producing Confidential Material that inadvertently AGREED PROTECTIVE ORDER fails to designate it at the time of production shall have ten (1 0) days after becoming aware of its inadvertent disclosure to designate the Confidential Material by so informing all other counsel in writing. 4. Disclosure of Confidential Material. Except with the consent of the producing party or upon court order, Confidential Material shall not be disclosed directly or indirectly by the person receiving such materials to persons other than the following: (A) The Court, the trier of fact, persons employed by the Court, and stenographers transcribing the testimony or argument at a hearing, pretrial proceeding, or deposition in this action or any appeal therefrom; (B) Counsel for the named or representative parties in this action, as well as associates, paralegals, legal assistants, secretarial, and clerical employees, and outside services (including, without limitation, copy services, litigation consulting services, document management services, and graphics services) who are assisting counsel in the prosecution and/or defense of this Action; (C) Independent experts and consultants who are not otherwise employed by or regularly perform service for any of the parties and who are retained, employed, or consulted by outside counsel of record in connection with the prosecution and/or defense of this Action in accordance with paragraph 9 below; (D) Representatives of a named party who is an entity who are directly involved in the handling and/or administration of the Action or who, in the AGREED PROTECTIVE ORDER good faith judgment of the party's counsel, need to have access to Confidential Material in connection with the proper handling of this case; (E) Witnesses or potential witnesses who have authored or reviewed the Confidential Material prior to its production and with whom the parties' attorneys deem it necessary to discuss such materials in the course of discovery and/or preparation for trial in accordance with paragraph 9 below; and (F) Any other person who is designated to receive Confidential Material by Order of the Court or agreement of the parties. 5. Designation of Material as Highly Confidential. The parties recognize that certain Discovery Material constitutes highly sensitive proprietary business, financial, ' and other information. Any party, person, or entity subject to discovery in this Action may designate any Discovery Material as "Highly Confidential" (hereinafter referred to as "Highly Confidential Material") when counsel in good faith believes that such Highly Confidential Material constitutes or reveals a trade secret or other confidential research, development, or commercial information or financial or personal information which requires the protection provided in this Protective Order. The designation by any party or entity of any Discovery Material as "Highly Confidential Material" shall constitute a representation that there is a good-faith basis for such designation. A producing party or witness may designate Highly Confidential Material by marking any originals or copies of the documents or other tangible items with the legend "HIGHLY CONFIDENTIAL" at the time of their production. Upon designation of AGREED PROTECTIVE ORDER Discovery Material as "Highly Confidential" the protections set forth below governing Highly Confidential Material apply. 6. Disclosure of Highly Confidential Material. Except with the consent of the producing party or upon Court order, Highly Confidential Material shall not be disclosed directly or indirectly by the person receiving such materials to persons other than the following: (A) The Court, the trier of fact, persons employed by the Court, and stenographers transcribing the testimony or argument at a hearing, pretrial proceeding, or deposition in this Action or any appeal therefrom; (B) Counsel for the named or representative parties in this Action, as well as associates, paralegals, legal assistants, secretarial, and clerical employees, and outside services (including, without limitation, copy services, litigation consulting services, document management services, and graphics services) who are assisting counsel in the prosecution and/or defense of this Action; and (C) Independent experts and consultants who are not otherwise employed by or regularly perform service for any of the parties and who are retained, employed, or consulted by counsel of record in connection with the prosecution and/or defense of this Action in accordance with paragraph 9 below. (D) Any other person who is designated to recetve Highly Confidential Material by Order of the Court or agreement of the parties. Except as otherwise provided in this Protective Order, or by a written agreement of AGREED PROTECTIVE ORDER the parties, signed by their respective counsel of record, Highly Confidential Material shall not be used by or disclosed to any party or officer, director, employee, principal, agent, or representative of any party. 7. Objections to Confidentiality Designations. Any party has the right to object to the designation of any documents, information or materials as "Confidential" or "Highly Confidential." Such objection shall be made by serving on the disclosing party in writing a notice challenging the designation and specifically identifying the individual documents (i.e., by Bates number range), information, or materials with regard to which the designation is challenged, including a brief statement of the basis for the challenge as to each document, information, or material. The disclosing party may then, within fifteen (15) days after service of such notice, inform the objecting party whether it intends to maintain the challenged designation. The objecting party may then, if necessary, file a motion to have this Court rule on any challenged Confidential or Highly Confidential designation identified in that notice. The disclosing party will bear the burden of proving, if any such motion is filed by the objecting party, that the challenged documents, information, or materials should continue to be deemed Confidential and/or Highly Confidential. All documents, information, or materials so designated will continue to be deemed Confidential or Highly Confidential under this Order pending a final ruling on such a motion. Any documents, information, or materials whose Confidential or Highly Confidential designation is so challenged by written notice will cease to be deemed Confidential and/or Highly Confidential if, upon expiration of the specified fifteen (15) day period, the disclosing party AGREED PROTECTIVE ORDER fails to respond to the objecting party's written notice or informs the objecting party that it has voluntarily withdrawn such designation. 8. Designation of Testimony by Producing Party or Witness. Information or documents disclosed at a deposition may be designated as Confidential Material or Highly Confidential Material by indicating during the deposition, while on the record, that the information or documents are Confidential or Highly Confidential Material subject to the provisions of this Protective Order. Confidential or Highly Confidential Material marked during a deposition shall be subject to the terms of this Protective Order, and treated as Confidential Material and Highly Confidential Material during and after the deposition. If counsel attending a deposition fails to designate any portion of the transcript as Confidential Material on the record at the deposition, such counsel shall have fourteen (14) days after receipt of the transcript to make such a designation by informing all other counsel in writing. 9. Protective Order Binding. This Protective Order is binding on all parties to this action (including any officer, director, employee) principal, agent, or representative of a party), their counsel, and their counsel's employees. Counsel for all parties agrees to advise these people of the confidentiality requirements imposed by this Protective Order and to undertake responsibility for enforcing the Protective Order. All experts or consultants authorized by this Protective Order to have access to Confidential or Highly Confidential Material, and any witnesses not otherwise bound by this Protective Order, shall execute an agreement, AGREED PROTECTIVE ORDER annexed to this Protective Order as Exhibit A, before gammg access to the Confidential or Highly Confidential Material. 10. Return of Discovery Material. Confidential Material shall be subject to this Protective Order while this case is pending, and after the'termination of this case. Confidential Material may be used or disclosed only in connection with this case, and may only be used in compliance with the provisions of this Protective Order. Confidential Material shall not be used for any business purpose, or other purpose, whatsoever, except as expressly provided by this Protective Order. Within forty-five (45) days after final termination ofthis case, which is defined as exhaustion of all appeals or the expiration of all appellate deadlines, all Confidential Material or Highly Confidential, including all copies, shall be returned to the party that produced it, or promptly destroyed after a written request for destruction by the producing party, and the court clerk shall make available to the producing party any documents filed or lodged under seal. 11 . No Waiver. Nothing in this Protective Order shall be deemed to limit or waive any right of any party to resist discovery with respect to Confidential Material or Highly Confidential Material it claims to be privileged, not properly subject to discovery, or otherwise protected. Neither shall anything in this Protective Order be deemed to preclude any party at any time from seeking nor obtaining from the Court, or from any other party, additional protection, including an order or agreement that material shall not be produced. 12. Court Filings. Any document filed or lodged with the Court that contains Confidential Material or Highly Confidential Material shall be filed or lodged AGREED PROTECTIVE ORDER under seal, and shall be marked with words to the effect: "FILED UNDER SEAL PURSUANT TO PROTECTIVE ORDER. THIS DOCUMENT CONTAINS CONFIDENTIAL MATERIAL SUBJECT TO A PROTECTIVE ORDER ISSUED BY THE COURT, AND MAY NOT BE COPIED OR EXAMINED EXCEPT IN COMPLIANCE WITH THAT ORDER." Documents so labeled shall be kept by the clerk under seal and shall be made available only to the Court or counsel for the parties in this action. If the filing or lodging party fails to so file or lodge a document under the seal, the producing party may request that the Court place the document under seal. 13. Inadvertent Disclosure. If Confidential Material is inadvertently disclosed to any person other than in the manner authorized by this Protective Order, any party learning of the disclosure shall immediately inform the party that designated the information as Confidential Material or Highly Confidential Material of all pertinent information relating to the disclosure. Any party responsible for the disclosure shall make reasonable efforts to prevent disclosure by any unauthorized person who receives such information. Each person who receives Confidential Material or Highly Confidential Material pursuant to this Protective Order agrees to subject himself or herself to the jurisdiction of this Court for any proceedings relating to the performance, compliance with, or violation of this Protective Order. 14. No Admission. Nothing contained in this Protective Order or any declaration of confidentiality or restriction hereunder shall be used or characterized by any party as an "admission" by a party opponent. The failure of a party to object to or to AGREED PROTECTIVE ORDER challenge a designation by another party of Discovery Materials as "Confidential" or "Highly Confidential" shall not constitute an admission that the materials so designated are in fact confidential, are trade secrets, or other confidential research, development, commercial, or proprietary information or are entitled to any legal protection. 15. No Restrictions on Admissibility or Use. Nothing herein shall impose any restriction on the use or disclosure by a party of its own documents or information including the deposition testimony of its employees or experts. Nor shall this Protective Order be construed to prevent any party or its counsel or experts from making use as they see fit of documents or information which were lawfully available to the public or which were lawfully in the possession of the party, counsel, or expert prior to another party's providing them, or which properly came into the possession of the party, counsel, or expert. Nothing in this Protective Order affects the admissibility of documents into evidence. 16. Agreement Applicable to Non-Parties. Any non-party from whom discovery is sought shall be entitled to designate materials and testimony produced as "Confidential" or "Highly Confidential" pursuant to the terms of this Protective Order and the parties may designate materials and testimony produced by nonparties as "Confidential" or "Highly Confidential" pursuant to the terms of this Protective Order. 17. Judicial Review. Nothing in this Protective Order shall abridge the rights of any person to seek judicial review or to pursue other appropriate judicial action with AGREED PROTECTIVE ORDER respect to any ruling made by this Court concerning the status of documents or tangible things designated "Confidential" or "Highly Confidential." 18. Stipulation Effective On Signing. After the execution of this Protective Order by the parties' respective counsel, but before any approval by the Court, this Protective Order shall become effective among such parties who have executed this agreement immediately upon execution. 19. Continuing Jurisdiction. The Court retains jurisdiction to enforce the terms of this Protective Order subsequent to settlement or entry of judgment in this Action. 20. Further Motions Not Precluded. This Protective Order may be modified only by order of the Court or by written stipulation of the parties. Signed on this_ _ day of _ _, 2017. Honorable Judge Presiding AGREED PROTECTIVE ORDER AGREED AS TO FORM AND SUBSTANCE: CarQ.ly,li.R~rines@GodwinLaw~ com Jenny L. Martinez State Bar No. 24013109 ,lenny. M~ 1•ti nez@GodwiuLHw .com Renaissance Tower 1201 Elm, Suite 1700 Dallas, Texas 75270-2084 (214) 939-4400 Telephone (214) 760-7332 Facsimile ATTORNEYS FOR DEFENDANTS ROBINSON AIRCRAFT INTERIORS, INC., JEFFREY WAYNE ROBINSON, JOE WAYNE ROBINSON, AND AVIATION CONSULTING E~~ Robert F. Maris State Bar No. 12986300 nnaris@marislanier .com Alise N. Abel nnbeltii>,Mtnislaniet·.eom 3710 Rawlins Street, Suite 1550 Dallas, Texas 75219 (214) 706-0920 Telephone (214) 706-0921 Facsimile ATTORNEYS FOR STROM AVIATION, INC. AND DANIEL 0. WROLSON AGREED PROTECTIVE ORDER EXHIBIT A UNDERTAKING ON CONFIDENTIAL AND HIGHLY CONFIDENTIAL MATERIALS The undersigned has read the annexed Agreement, understands its contents, and hereby undertakes to make no disclosures of Confidential or Highly Confidential Material to any person who is not permitted to have access to it by this Agreement, as applicable. In addition, the undersigned agrees not to use Confidential or Highly Confidential Material for any purpose whatsoever other than in connection with this litigation. The undersigned understands that a violation of this undertaking could be punishable and hereby submits to the jurisdiction of the Court for purposes of enforcement of the annexed Agreement. Date: _ _ _ __ _ _ _ _ __ Name: _ _ _ _ _ _ __ _ _ _ __ (Print or type) Signature: _ _ _ __ _ _ _ __ _ _ __ _ SWORN TO AND SUBSCRIBED before me this _ _ day of _ _ _ __ __, 2015. Notary Public AGREED PROTECTIVE ORDER 2899114 v2-25854/0002 DISCOVERY