Preview
ESX-L-007771-22 11/14/2023 5:00:04 PM Pg 1 of 6 Trans ID: LCV20233368588
James M. McDonnell (Bar ID No. 030572001)
Lena K. Kim (Bar ID No. 274092019)
JACKSON LEWIS P.C.
200 Connell Drive, Suite 2000
Berkeley Heights, NJ 07922
(908) 795-5200
Attorneys for Defendants Calandra Enterprises, Inc. and Calandra’s Italian & French Bakery, Inc.
ALI HELWANI, on behalf of himself : SUPERIOR COURT OF NEW JERSEY
and all others similarly situated, : LAW DIVISION: ESSEX COUNTY
: DOCKET NO. ESX-L-7771-22
Plaintiffs, :
: Civil Action
v. :
:
CALANDRA ENTERPRISES, INC., : DISCOVERY CONFIDENTIALITY
CALANDRA’S ITALIAN & FRENCH : ORDER
BAKERY, INC., ABC :
CORPORATIONS 1-5 (fictitious :
names describing presently unidentified :
business entities); and JOHN DOES 1- :
5 (fictitious names of unidentified :
individuals),
:
:
Defendants.
It appearing that discovery in the above-captioned action is likely to involve the disclosure
of confidential information, and all parties having consented to the entry of this Order and for good
cause shown, it is ORDERED as follows:
1. Any party to this litigation and any third-party shall have the right to designate as
“Confidential” and subject to this Order any information, document, or thing, or portion of any
document or thing: (a) that contains trade secrets, competitively sensitive technical, marketing,
financial, sales or other confidential business information, or (b) that contains private or
confidential personal information, or (c) that contains information received in confidence from
third parties, or (d) which the producing party otherwise believes in good faith to be entitled to
protection under R. 4:10-3(g). Any party to this litigation or any third party covered by this Order,
who produces or discloses any Confidential material, including without limitation any
information, document, thing, interrogatory answer, admission, pleading, or testimony, shall mark
the same with the foregoing or similar legend: “CONFIDENTIAL” or “CONFIDENTIAL –
SUBJECT TO DISCOVERY CONFIDENTIALITY ORDER” (hereinafter “Confidential”).
2. Any party to this litigation and any third-party shall have the right to designate as
“Attorneys’ Eyes Only” and subject to this Order any information, document, or thing, or portion
of any document or thing that contains highly sensitive business or personal information, the
ESX-L-007771-22 11/14/2023 5:00:04 PM Pg 2 of 6 Trans ID: LCV20233368588
disclosure of which is highly likely to cause significant harm to an individual or to the business or
competitive position of the designating party. Any party to this litigation or any third party who is
covered by this Order, who produces or discloses any Attorneys’ Eyes Only material, including
without limitation any information, document, thing, interrogatory answer, admission, pleading,
or testimony, shall mark the same with the foregoing or similar legend: “ATTORNEYS’ EYES
ONLY” or “ATTORNEYS’ EYES ONLY – SUBJECT TO DISCOVERY CONFIDENTIALITY
ORDER” (hereinafter “Attorneys’ Eyes Only”).
3. All Confidential material shall be used by the receiving party solely for purposes
of the prosecution or defense of this action, shall not be used by the receiving party for any
business, commercial, competitive, personal or other purpose, and shall not be disclosed by the
receiving party to anyone other than those set forth in Paragraph 4, unless and until the restrictions
herein are removed either by written agreement of counsel for the parties, or by Order of the
Court. It is, however, understood that counsel for a party may give advice and opinions to his or
her client solely relating to the above-captioned action based on his or her evaluation of
Confidential material, provided that such advice and opinions shall not reveal the content of
such Confidential material except by prior written agreement of counsel for the parties, or by
Order of the Court.
4. Confidential material and the contents of Confidential material may be disclosed
only to the following individuals under the following conditions:
a. Outside counsel (herein defined as any attorney at the parties’ outside law
firms) and relevant in-house counsel for the parties;
b. Outside experts or consultants retained by outside counsel for purposes of
this action, provided they have signed a non-disclosure agreement in the
form attached hereto as Exhibit A;
c. Secretarial, paralegal, clerical, duplicating and data processing personnel
of the foregoing;
d. The Court and court personnel;
e. Any deponent may be shown or examined on any information, document or
thing designated Confidential if it appears that the witness authored or
received a copy of it, was involved in the subject matter described therein
or is employed by the party who produced the information, document or
thing, or if the producing party consents to such disclosure;
f. Vendors retained by or for the parties to assist in preparing for pretrial
discovery, trial and/or hearings including, but not limited to, court reporters,
litigation support personnel, jury consultants, individuals to prepare
demonstrative and audiovisual aids for use in the courtroom or in
depositions or mock jury sessions, as well as their staff, stenographic, and
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clerical employees whose duties and responsibilities require access to such
materials; and
g. The parties. In the case of parties that are corporations or other business
entities, “party” shall mean executives who are required to participate in
decisions with reference to this lawsuit.
5. Confidential material shall be used only by individuals permitted access to it under
Paragraph 4. Confidential material, copies thereof, and the information contained therein, shall not
be disclosed in any manner to any other individual, until and unless (a) outside counsel for the
party asserting confidentiality waives the claim of confidentiality, or (b) the Court orders such
disclosure.
6. Attorneys’ Eyes Only material and the contents of Attorneys’ Eyes Only material
may be disclosed only to the following individuals under the following conditions:
(a) Outside counsel (herein defined as any attorney at the parties’ outside law
firms, which firms have appeared in the action);
(b) In-house counsel designated in advance of disclosure by the parties who are
necessary for the prosecution or defense of the action;
(c) Outside experts or consultants retained by outside counsel for purposes of
this action, provided they have signed a non-disclosure agreement in the
form attached hereto as Exhibit A or such other form as may be agreed by
the parties;
(d) Secretarial, paralegal, clerical, duplicating and data processing personnel of
the foregoing;
(e) The Court and court personnel;
(f) Any deponent may be shown or examined on any information, document or
thing designated Attorneys’ Eyes Only if it appears that the witness
authored or received a copy of it, or was employed by the party who
produced the information, document or thing, or if the producing party
consents to such disclosure;
(g) Vendors retained by or for the parties to assist in preparing for pretrial
discovery, trial and/or hearings including, but not limited to, court reporters,
litigation support personnel, jury consultants, individuals to prepare
demonstrative and audiovisual aids for use in the courtroom or in
depositions or mock jury sessions, as well as their staff, stenographic, and
clerical employees whose duties and responsibilities require access to such
materials; and
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(h) To such other persons as counsel for the producing party agrees or as
ordered by the Court.
7. Attorneys’ Eyes Only material shall be used only by individuals permitted access
to it under Paragraph 6. Attorneys’ Eyes Only material, copies thereof, and the information
contained therein, shall not be disclosed in any manner to any other individual, until and unless
(a) outside counsel for the party asserting confidentiality waives the claim of confidentiality, or
(b) the Court orders such disclosure
8. With respect to any depositions that involve a disclosure of Confidential material
of a party to this action, such party shall have until thirty (30) days after receipt of the deposition
transcript within which to inform all other parties that portions of the transcript are to be designated
Confidential, which period may be extended by agreement of the parties. No such deposition
transcript shall be disclosed to any individual other than the individuals described in Paragraph 4(a),
(b), (c), (d) and (f) above and the deponent during these thirty (30) days, and no individual attending
such a deposition shall disclose the contents of the deposition to any individual other than those
described in Paragraph 4(a), (b), (c), (d) and (f) above during said thirty (30) days. Upon being
informed that certain portions of a deposition are to be designated as Confidential, all parties shall
immediately cause each copy of the transcript in its custody or control to be appropriately marked
and limit disclosure of that transcript in accordance with Paragraphs 3 and 4.
9. If counsel for a party receiving documents or information designated as
Confidential or Attorneys’ Eyes Only hereunder objects to such designation of any or all of such
items, the following procedure shall apply:
(a) Counsel for the objecting party shall serve on the designating party or third
party a written objection to such designation, which shall describe with
particularity the documents or information in question and shall state the
grounds for objection. Counsel for the designating party or third party shall
respond in writing to such objection within 14 days, and shall state with
particularity the grounds for asserting that the document or information is
Confidential or Attorneys’ Eyes Only. If no timely written response is made
to the objection, the challenged designation will be deemed to be void. If
the designating party or nonparty makes a timely response to such objection
asserting the propriety of the designation, counsel shall then confer in good
faith in an effort to resolve the dispute.
(b) If a dispute as to a Confidential or Attorneys’ Eyes Only designation of a
document or item of information cannot be resolved by agreement, the
proponent of the designation being challenged shall present the dispute to
the Court initially by telephone or letter, in accordance with R. 4:105-4,
before filing a formal motion for an order regarding the challenged
designation. The document or information that is the subject of the filing
shall be treated as originally designated pending resolution of the dispute.
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11. If the need arises during trial or at any Hearing before the Court for any party to
disclose Confidential or Attorneys’ Eyes Only information, it may do so only after giving notice
to the producing party and as directed by the Court.
12. Data Breach. If a party learns that material that party received in discovery
pursuant to this Confidentiality Order has been the subject of a data breach, that party must
promptly notify the producing party of the breach, and cooperate with that party to address the
breach.
13. To the extent consistent with applicable law, the inadvertent or unintentional
disclosure of Confidential material that should have been designated as such, regardless of whether
the information, document or thing was so designated at the time of disclosure, shall not be deemed
a waiver in whole or in part of a party’s claim of confidentiality, either as to the specific
information, document or thing disclosed or as to any other material or information concerning the
same or related subject matter. Such inadvertent or unintentional disclosure may be rectified by
notifying in writing counsel for all parties to whom the material was disclosed that the material
should have been designated Confidential within a reasonable time after disclosure. Such notice
shall constitute a designation of the information, document or thing as Confidential under this
Discovery Confidentiality Order.
15. If a non-party serves a party in this action with a request, subpoena, or order
(“demand”) for disclosure of Confidential or Attorneys’ Eyes Only material, the party receiving
the demand, if not prohibited under applicable law, shall promptly deliver a copy of the demand
to the designating party’s counsel, and shall notify the party who served the request that some or
all of the materials sought by the request are subject to this Confidentiality Order. The party
receiving the demand shall not disclose any Confidential or Attorneys’ Eyes Only material prior
to the date specified for disclosure, or prior to resolution of any dispute regarding production of
such material in response to the request, whichever is later. In its sole discretion and at its own
cost, the designating party may oppose or seek to limit the demand in any legal manner. The party
who received the demand shall not oppose or otherwise interfere with the designating party’s
actions.
16. No information that is in the public domain or which is already known by the
receiving party through proper means or which is or becomes available to a party from a source
other than the party asserting confidentiality, rightfully in possession of such information on a non-
confidential basis, shall be deemed or considered to be Confidential material under this Discovery
Confidentiality Order.
17. This Discovery Confidentiality Order shall not deprive any party of its right to
object to discovery by any other party or on any otherwise permitted ground. This Discovery
Confidentiality Order is being entered without prejudice to the right of any party to move the Court
for modification or for relief from any of its terms.
18. This Discovery Confidentiality Order shall survive the termination of this action
and shall remain in full force and effect unless modified by an Order of this Court or by the written
stipulation of the parties filed with the Court.
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19. Upon final conclusion of this litigation, each party or other individual subject to the
terms hereof shall be under an obligation to assemble and to return to the originating source all
originals and unmarked copies of documents and things containing Confidential material and to
destroy, should such source so request, all copies of Confidential material that contain and/or
constitute attorney work product as well as excerpts, summaries and digests revealing Confidential
material; provided, however, that counsel may retain complete copies of all transcripts and
pleadings including any exhibits attached thereto for archival purposes, subject to the provisions
of this Discovery Confidentiality Order. To the extent a party requests the return of Confidential
material from the Court after the final conclusion of the litigation, including the exhaustion of all
appeals therefrom and all related proceedings, the party shall file a motion seeking such relief.
IT IS SO ORDERED.
Dated: ____________
____________________________________
Hon. Stephen L Petrillo, J.S.C.
McOMBER McOMBER & LUBER, P.C. JACKSON LEWIS P.C.
50 Lake Center Drive, Suite 400 200 Connell Drive, Suite 2000
Marlton, NJ 08053 Berkeley Heights, NJ 07922
Attorneys for Plaintiffs Attorneys for Defendants
856-985-9800 908-795-5200
By: /s/ Charles J. Kocher ______ By: /s/ James M. McDonnell
Charles J. Kocher, Esq. James M. McDonnell, Esq.
Lena K. Kim, Esq.
Dated: October 23, 2023 Dated: October 23, 2023
4854-2670-4262, v. 1
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Jackson Lewis P.C.
200 Connell Drive, Suite 2000
Berkeley Heights NJ 07922
(908) 795-5200 Direct
(908) 464-2614 Fax
jacksonlewis.com
Jason C. Gavejian – Managing Principal
JAMES M. McDONNELL
(908) 795-5208
Email Address: James.McDonnell@jacksonlewis.com
LENA K. KIM
(908) 795-2961
Email Address: Lena.Kim@jacksonlewis.com
November 14, 2023
VIA ECF
Hon. Stephen L. Petrillo, J.S.C.
495 Dr. Martin Luther King, Jr. Blvd.
Floor 2
Newark, New Jersey 07102
Re: Ali Helwani v. Calandra Enterprises, Inc., et al.
Docket No. ESX-L-7771-22
Dear Judge Petrillo:
This firm represents Defendants Calandra Enterprises, Inc. and Calandra’s Italian
& French Bakery, Inc. in this matter.
Enclosed for Your Honor’s consideration is a proposed Discovery Confidentiality
Order agreed to by the parties and ready for signature. If acceptable, kindly enter on the docket.
We thank the Court for its attention to this matter.
Respectfully submitted,
JACKSON LEWIS P.C.
s/ James M. McDonnell
James M. McDonnell
Lena K. Kim
JMM/LKK:jg
Enclosure
cc: All counsel of record
4865-7966-7085, v. 1
Preview
ESX-L-007771-22 11/14/2023 5:00:04 PM Pg 1 of 6 Trans ID: LCV20233368588 James M. McDonnell (Bar ID No. 030572001) Lena K. Kim (Bar ID No. 274092019) JACKSON LEWIS P.C. 200 Connell Drive, Suite 2000 Berkeley Heights, NJ 07922 (908) 795-5200 Attorneys for Defendants Calandra Enterprises, Inc. and Calandra’s Italian & French Bakery, Inc. ALI HELWANI, on behalf of himself : SUPERIOR COURT OF NEW JERSEY and all others similarly situated, : LAW DIVISION: ESSEX COUNTY : DOCKET NO. ESX-L-7771-22 Plaintiffs, : : Civil Action v. : : CALANDRA ENTERPRISES, INC., : DISCOVERY CONFIDENTIALITY CALANDRA’S ITALIAN & FRENCH : ORDER BAKERY, INC., ABC : CORPORATIONS 1-5 (fictitious : names describing presently unidentified : business entities); and JOHN DOES 1- : 5 (fictitious names of unidentified : individuals), : : Defendants. It appearing that discovery in the above-captioned action is likely to involve the disclosure of confidential information, and all parties having consented to the entry of this Order and for good cause shown, it is ORDERED as follows: 1. Any party to this litigation and any third-party shall have the right to designate as “Confidential” and subject to this Order any information, document, or thing, or portion of any document or thing: (a) that contains trade secrets, competitively sensitive technical, marketing, financial, sales or other confidential business information, or (b) that contains private or confidential personal information, or (c) that contains information received in confidence from third parties, or (d) which the producing party otherwise believes in good faith to be entitled to protection under R. 4:10-3(g). Any party to this litigation or any third party covered by this Order, who produces or discloses any Confidential material, including without limitation any information, document, thing, interrogatory answer, admission, pleading, or testimony, shall mark the same with the foregoing or similar legend: “CONFIDENTIAL” or “CONFIDENTIAL – SUBJECT TO DISCOVERY CONFIDENTIALITY ORDER” (hereinafter “Confidential”). 2. Any party to this litigation and any third-party shall have the right to designate as “Attorneys’ Eyes Only” and subject to this Order any information, document, or thing, or portion of any document or thing that contains highly sensitive business or personal information, the ESX-L-007771-22 11/14/2023 5:00:04 PM Pg 2 of 6 Trans ID: LCV20233368588 disclosure of which is highly likely to cause significant harm to an individual or to the business or competitive position of the designating party. Any party to this litigation or any third party who is covered by this Order, who produces or discloses any Attorneys’ Eyes Only material, including without limitation any information, document, thing, interrogatory answer, admission, pleading, or testimony, shall mark the same with the foregoing or similar legend: “ATTORNEYS’ EYES ONLY” or “ATTORNEYS’ EYES ONLY – SUBJECT TO DISCOVERY CONFIDENTIALITY ORDER” (hereinafter “Attorneys’ Eyes Only”). 3. All Confidential material shall be used by the receiving party solely for purposes of the prosecution or defense of this action, shall not be used by the receiving party for any business, commercial, competitive, personal or other purpose, and shall not be disclosed by the receiving party to anyone other than those set forth in Paragraph 4, unless and until the restrictions herein are removed either by written agreement of counsel for the parties, or by Order of the Court. It is, however, understood that counsel for a party may give advice and opinions to his or her client solely relating to the above-captioned action based on his or her evaluation of Confidential material, provided that such advice and opinions shall not reveal the content of such Confidential material except by prior written agreement of counsel for the parties, or by Order of the Court. 4. Confidential material and the contents of Confidential material may be disclosed only to the following individuals under the following conditions: a. Outside counsel (herein defined as any attorney at the parties’ outside law firms) and relevant in-house counsel for the parties; b. Outside experts or consultants retained by outside counsel for purposes of this action, provided they have signed a non-disclosure agreement in the form attached hereto as Exhibit A; c. Secretarial, paralegal, clerical, duplicating and data processing personnel of the foregoing; d. The Court and court personnel; e. Any deponent may be shown or examined on any information, document or thing designated Confidential if it appears that the witness authored or received a copy of it, was involved in the subject matter described therein or is employed by the party who produced the information, document or thing, or if the producing party consents to such disclosure; f. Vendors retained by or for the parties to assist in preparing for pretrial discovery, trial and/or hearings including, but not limited to, court reporters, litigation support personnel, jury consultants, individuals to prepare demonstrative and audiovisual aids for use in the courtroom or in depositions or mock jury sessions, as well as their staff, stenographic, and 2 ESX-L-007771-22 11/14/2023 5:00:04 PM Pg 3 of 6 Trans ID: LCV20233368588 clerical employees whose duties and responsibilities require access to such materials; and g. The parties. In the case of parties that are corporations or other business entities, “party” shall mean executives who are required to participate in decisions with reference to this lawsuit. 5. Confidential material shall be used only by individuals permitted access to it under Paragraph 4. Confidential material, copies thereof, and the information contained therein, shall not be disclosed in any manner to any other individual, until and unless (a) outside counsel for the party asserting confidentiality waives the claim of confidentiality, or (b) the Court orders such disclosure. 6. Attorneys’ Eyes Only material and the contents of Attorneys’ Eyes Only material may be disclosed only to the following individuals under the following conditions: (a) Outside counsel (herein defined as any attorney at the parties’ outside law firms, which firms have appeared in the action); (b) In-house counsel designated in advance of disclosure by the parties who are necessary for the prosecution or defense of the action; (c) Outside experts or consultants retained by outside counsel for purposes of this action, provided they have signed a non-disclosure agreement in the form attached hereto as Exhibit A or such other form as may be agreed by the parties; (d) Secretarial, paralegal, clerical, duplicating and data processing personnel of the foregoing; (e) The Court and court personnel; (f) Any deponent may be shown or examined on any information, document or thing designated Attorneys’ Eyes Only if it appears that the witness authored or received a copy of it, or was employed by the party who produced the information, document or thing, or if the producing party consents to such disclosure; (g) Vendors retained by or for the parties to assist in preparing for pretrial discovery, trial and/or hearings including, but not limited to, court reporters, litigation support personnel, jury consultants, individuals to prepare demonstrative and audiovisual aids for use in the courtroom or in depositions or mock jury sessions, as well as their staff, stenographic, and clerical employees whose duties and responsibilities require access to such materials; and 3 ESX-L-007771-22 11/14/2023 5:00:04 PM Pg 4 of 6 Trans ID: LCV20233368588 (h) To such other persons as counsel for the producing party agrees or as ordered by the Court. 7. Attorneys’ Eyes Only material shall be used only by individuals permitted access to it under Paragraph 6. Attorneys’ Eyes Only material, copies thereof, and the information contained therein, shall not be disclosed in any manner to any other individual, until and unless (a) outside counsel for the party asserting confidentiality waives the claim of confidentiality, or (b) the Court orders such disclosure 8. With respect to any depositions that involve a disclosure of Confidential material of a party to this action, such party shall have until thirty (30) days after receipt of the deposition transcript within which to inform all other parties that portions of the transcript are to be designated Confidential, which period may be extended by agreement of the parties. No such deposition transcript shall be disclosed to any individual other than the individuals described in Paragraph 4(a), (b), (c), (d) and (f) above and the deponent during these thirty (30) days, and no individual attending such a deposition shall disclose the contents of the deposition to any individual other than those described in Paragraph 4(a), (b), (c), (d) and (f) above during said thirty (30) days. Upon being informed that certain portions of a deposition are to be designated as Confidential, all parties shall immediately cause each copy of the transcript in its custody or control to be appropriately marked and limit disclosure of that transcript in accordance with Paragraphs 3 and 4. 9. If counsel for a party receiving documents or information designated as Confidential or Attorneys’ Eyes Only hereunder objects to such designation of any or all of such items, the following procedure shall apply: (a) Counsel for the objecting party shall serve on the designating party or third party a written objection to such designation, which shall describe with particularity the documents or information in question and shall state the grounds for objection. Counsel for the designating party or third party shall respond in writing to such objection within 14 days, and shall state with particularity the grounds for asserting that the document or information is Confidential or Attorneys’ Eyes Only. If no timely written response is made to the objection, the challenged designation will be deemed to be void. If the designating party or nonparty makes a timely response to such objection asserting the propriety of the designation, counsel shall then confer in good faith in an effort to resolve the dispute. (b) If a dispute as to a Confidential or Attorneys’ Eyes Only designation of a document or item of information cannot be resolved by agreement, the proponent of the designation being challenged shall present the dispute to the Court initially by telephone or letter, in accordance with R. 4:105-4, before filing a formal motion for an order regarding the challenged designation. The document or information that is the subject of the filing shall be treated as originally designated pending resolution of the dispute. 4 ESX-L-007771-22 11/14/2023 5:00:04 PM Pg 5 of 6 Trans ID: LCV20233368588 11. If the need arises during trial or at any Hearing before the Court for any party to disclose Confidential or Attorneys’ Eyes Only information, it may do so only after giving notice to the producing party and as directed by the Court. 12. Data Breach. If a party learns that material that party received in discovery pursuant to this Confidentiality Order has been the subject of a data breach, that party must promptly notify the producing party of the breach, and cooperate with that party to address the breach. 13. To the extent consistent with applicable law, the inadvertent or unintentional disclosure of Confidential material that should have been designated as such, regardless of whether the information, document or thing was so designated at the time of disclosure, shall not be deemed a waiver in whole or in part of a party’s claim of confidentiality, either as to the specific information, document or thing disclosed or as to any other material or information concerning the same or related subject matter. Such inadvertent or unintentional disclosure may be rectified by notifying in writing counsel for all parties to whom the material was disclosed that the material should have been designated Confidential within a reasonable time after disclosure. Such notice shall constitute a designation of the information, document or thing as Confidential under this Discovery Confidentiality Order. 15. If a non-party serves a party in this action with a request, subpoena, or order (“demand”) for disclosure of Confidential or Attorneys’ Eyes Only material, the party receiving the demand, if not prohibited under applicable law, shall promptly deliver a copy of the demand to the designating party’s counsel, and shall notify the party who served the request that some or all of the materials sought by the request are subject to this Confidentiality Order. The party receiving the demand shall not disclose any Confidential or Attorneys’ Eyes Only material prior to the date specified for disclosure, or prior to resolution of any dispute regarding production of such material in response to the request, whichever is later. In its sole discretion and at its own cost, the designating party may oppose or seek to limit the demand in any legal manner. The party who received the demand shall not oppose or otherwise interfere with the designating party’s actions. 16. No information that is in the public domain or which is already known by the receiving party through proper means or which is or becomes available to a party from a source other than the party asserting confidentiality, rightfully in possession of such information on a non- confidential basis, shall be deemed or considered to be Confidential material under this Discovery Confidentiality Order. 17. This Discovery Confidentiality Order shall not deprive any party of its right to object to discovery by any other party or on any otherwise permitted ground. This Discovery Confidentiality Order is being entered without prejudice to the right of any party to move the Court for modification or for relief from any of its terms. 18. This Discovery Confidentiality Order shall survive the termination of this action and shall remain in full force and effect unless modified by an Order of this Court or by the written stipulation of the parties filed with the Court. 5 ESX-L-007771-22 11/14/2023 5:00:04 PM Pg 6 of 6 Trans ID: LCV20233368588 19. Upon final conclusion of this litigation, each party or other individual subject to the terms hereof shall be under an obligation to assemble and to return to the originating source all originals and unmarked copies of documents and things containing Confidential material and to destroy, should such source so request, all copies of Confidential material that contain and/or constitute attorney work product as well as excerpts, summaries and digests revealing Confidential material; provided, however, that counsel may retain complete copies of all transcripts and pleadings including any exhibits attached thereto for archival purposes, subject to the provisions of this Discovery Confidentiality Order. To the extent a party requests the return of Confidential material from the Court after the final conclusion of the litigation, including the exhaustion of all appeals therefrom and all related proceedings, the party shall file a motion seeking such relief. IT IS SO ORDERED. Dated: ____________ ____________________________________ Hon. Stephen L Petrillo, J.S.C. McOMBER McOMBER & LUBER, P.C. JACKSON LEWIS P.C. 50 Lake Center Drive, Suite 400 200 Connell Drive, Suite 2000 Marlton, NJ 08053 Berkeley Heights, NJ 07922 Attorneys for Plaintiffs Attorneys for Defendants 856-985-9800 908-795-5200 By: /s/ Charles J. Kocher ______ By: /s/ James M. McDonnell Charles J. Kocher, Esq. James M. McDonnell, Esq. Lena K. Kim, Esq. Dated: October 23, 2023 Dated: October 23, 2023 4854-2670-4262, v. 1 6 ESX-L-007771-22 11/14/2023 5:00:04 PM Pg 1 of 1 Trans ID: LCV20233368588 Jackson Lewis P.C. 200 Connell Drive, Suite 2000 Berkeley Heights NJ 07922 (908) 795-5200 Direct (908) 464-2614 Fax jacksonlewis.com Jason C. Gavejian – Managing Principal JAMES M. McDONNELL (908) 795-5208 Email Address: James.McDonnell@jacksonlewis.com LENA K. KIM (908) 795-2961 Email Address: Lena.Kim@jacksonlewis.com November 14, 2023 VIA ECF Hon. Stephen L. Petrillo, J.S.C. 495 Dr. Martin Luther King, Jr. Blvd. Floor 2 Newark, New Jersey 07102 Re: Ali Helwani v. Calandra Enterprises, Inc., et al. Docket No. ESX-L-7771-22 Dear Judge Petrillo: This firm represents Defendants Calandra Enterprises, Inc. and Calandra’s Italian & French Bakery, Inc. in this matter. Enclosed for Your Honor’s consideration is a proposed Discovery Confidentiality Order agreed to by the parties and ready for signature. If acceptable, kindly enter on the docket. We thank the Court for its attention to this matter. Respectfully submitted, JACKSON LEWIS P.C. s/ James M. McDonnell James M. McDonnell Lena K. Kim JMM/LKK:jg Enclosure cc: All counsel of record 4865-7966-7085, v. 1