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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF ONONDAGA
ee ee x
JACOB COOPER as Parent and Natural
Guardian of MORGAN COOPER, an infant,
STIPULATED
Plaintiffs, PROTECTIVE ORDER
- against -
Index No. 2014-EF-5086
STEVEN PANOS, PANOS ENTERPRISES INC., IAS Part
MCDONALD’ S RESTAURANTS OF NEW YORK,
INC., MCDONALD’S CORPORATION and
MCDONALD’S OF FAIRMOUNT FAIR,
Defendants.
ee ee 4
It being represented to the Court that the plaintiffs, Jacob
Cooper as Parent and Natural Guardian of Morgan Cooper, an Infant,
have requested documents from the defendants, McDonald’s
Restaurants of New York, Inc., and McDonald's Corporation, which
involve trade secrets, confidential research, proprietary materials
and development and/or commercial information belonging to
McDonald’s Restaurants of New York, Inc. , and McDonald's
Corporation; and
It being represented to the Court that McDonald’s
Restaurants of New York, Inc., and McDonald's Corporation is
willing to provide these documents for inspection and review only
under a Protective Order upon the hereinafter stated terms and
conditions; and
It being represented to the Court that all of the parties
are in agreement as to the terms of the said Protective Order;
therefore,It is hereby ORDERED that:
i McDonald’s Restaurants of New York, Inc., and
McDonald's Corporation will disclose documents that it designates
"Confidential and Proprietary" to the parties to this suit and
their attorneys, only pursuant to this Order and under the
conditions that follow.
2. Any and all of the aforesaid materials disclosed by
McDonald's Corporation and the contents thereof shall be maintained
in confidence by counsel for the plaintiff and counsel for the
other parties to the above-captioned litigation. The aforesaid
materials shall not be photocopied or reproduced by any means
without the prior consent of counsel for McDonald’s Restaurants of
New York, Inc., and McDonald's Corporation or until further order
of this Court.
S's Any and all of the aforesaid materials disclosed by
McDonald’s Restaurants of New York, Inc., and McDonald's
Corporation and the contents thereof shall be used only in
connection with the above-captioned matter and shall not be used
for any other purpose whatsoever.
4. No person who examines any document produced pursuant
to this order shall disseminate orally, in writing, or by any other
means, the document(s) or the information contained therein, to any
person not also authorized to examine documents under the terms of
this order.
Sire Counsel for plaintiffs and counsel for the otherparties to the above-captioned litigation may permit an expert or
experts hired by the plaintiffs or other parties in the above-
captioned litigation to review the documents subject to this
Protective Order, but counsel for the plaintiffs and counsel for
the other parties must first obtain from said experts a written
statement confirming the expert's agreement to comply with every
element of this Protective Order. Said experts shall agree that
the documents and the contents thereof shall not be disclosed to
any other person or entity and said documents shall not be
photocopied or reproduced by any means. Any documents provided to
experts must be returned to McDonald’s Restaurants of New York,
Inc., and McDonald's Corporation within thirty days of the
conclusion of the above-captioned litigation pursuant to the terms
of paragraph 8 below.
6. Notwithstanding the foregoing provisions, this Order
shall be without prejudice to the right of any party to challenge
the propriety of discovery on any grounds including, but not
limited to, relevance, privilege and materiality.
Ts Notwithstanding the foregoing provisions, this Order
shall not restrict in any manner the right of any party to offer or
use as evidence at the trial of this action any of the documents
subject to this Protective Order and nothing contained herein shall
be construed as a waiver of any objection which might be raised as
to the admissibility of any evidentiary material.
8. At the conclusion of this lawsuit by settlement, a juryverdict, nonsuit, dismissal, by judgment order or otherwise, all
McDonald’s Restaurants of New York, Inc., and McDonald's
Corporation materials, including any and all copies, or renditions
made from the materials, shall be returned to McDonald’s
Restaurants of New York, Inc., and McDonald's Corporation within
thirty (30) days.
9 A breach of the terms of this Order shall entitle
McDonald’s Restaurants of New York, Inc., and McDonald's
Corporation to appropriate sanctions, including but not limited to
attorneys fees and costs incurred in the enforcement of this Order.
Signed this the day of
ENTERED:
Hon.
Agreed as to the terms and conditions:
ER TARALLO, LLP
Attorneys for Defendants
Steven Panos, Panos Enterprises, Inc.,
McDonald’s Restaurants of New York, Inc.,
McDonald’s Corporation and McDonald’s of Fairmount Fair
507 Plum Street, 3°? Floor
Syracuse, New York 13204
(315) 471-6166
Our File No. U-ARC-00112/JT™M
AtWYorney for Plaintiff
Jacob Cooper as Parent and Natural
Guardian of Morgan Cooper, an infant
2303 Pine Avenue
Niagara Falls, New York 14301
(716) 284-8888
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SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF ONONDAGA ee ee x JACOB COOPER as Parent and Natural Guardian of MORGAN COOPER, an infant, STIPULATED Plaintiffs, PROTECTIVE ORDER - against - Index No. 2014-EF-5086 STEVEN PANOS, PANOS ENTERPRISES INC., IAS Part MCDONALD’ S RESTAURANTS OF NEW YORK, INC., MCDONALD’S CORPORATION and MCDONALD’S OF FAIRMOUNT FAIR, Defendants. ee ee 4 It being represented to the Court that the plaintiffs, Jacob Cooper as Parent and Natural Guardian of Morgan Cooper, an Infant, have requested documents from the defendants, McDonald’s Restaurants of New York, Inc., and McDonald's Corporation, which involve trade secrets, confidential research, proprietary materials and development and/or commercial information belonging to McDonald’s Restaurants of New York, Inc. , and McDonald's Corporation; and It being represented to the Court that McDonald’s Restaurants of New York, Inc., and McDonald's Corporation is willing to provide these documents for inspection and review only under a Protective Order upon the hereinafter stated terms and conditions; and It being represented to the Court that all of the parties are in agreement as to the terms of the said Protective Order; therefore,It is hereby ORDERED that: i McDonald’s Restaurants of New York, Inc., and McDonald's Corporation will disclose documents that it designates "Confidential and Proprietary" to the parties to this suit and their attorneys, only pursuant to this Order and under the conditions that follow. 2. Any and all of the aforesaid materials disclosed by McDonald's Corporation and the contents thereof shall be maintained in confidence by counsel for the plaintiff and counsel for the other parties to the above-captioned litigation. The aforesaid materials shall not be photocopied or reproduced by any means without the prior consent of counsel for McDonald’s Restaurants of New York, Inc., and McDonald's Corporation or until further order of this Court. S's Any and all of the aforesaid materials disclosed by McDonald’s Restaurants of New York, Inc., and McDonald's Corporation and the contents thereof shall be used only in connection with the above-captioned matter and shall not be used for any other purpose whatsoever. 4. No person who examines any document produced pursuant to this order shall disseminate orally, in writing, or by any other means, the document(s) or the information contained therein, to any person not also authorized to examine documents under the terms of this order. Sire Counsel for plaintiffs and counsel for the otherparties to the above-captioned litigation may permit an expert or experts hired by the plaintiffs or other parties in the above- captioned litigation to review the documents subject to this Protective Order, but counsel for the plaintiffs and counsel for the other parties must first obtain from said experts a written statement confirming the expert's agreement to comply with every element of this Protective Order. Said experts shall agree that the documents and the contents thereof shall not be disclosed to any other person or entity and said documents shall not be photocopied or reproduced by any means. Any documents provided to experts must be returned to McDonald’s Restaurants of New York, Inc., and McDonald's Corporation within thirty days of the conclusion of the above-captioned litigation pursuant to the terms of paragraph 8 below. 6. Notwithstanding the foregoing provisions, this Order shall be without prejudice to the right of any party to challenge the propriety of discovery on any grounds including, but not limited to, relevance, privilege and materiality. Ts Notwithstanding the foregoing provisions, this Order shall not restrict in any manner the right of any party to offer or use as evidence at the trial of this action any of the documents subject to this Protective Order and nothing contained herein shall be construed as a waiver of any objection which might be raised as to the admissibility of any evidentiary material. 8. At the conclusion of this lawsuit by settlement, a juryverdict, nonsuit, dismissal, by judgment order or otherwise, all McDonald’s Restaurants of New York, Inc., and McDonald's Corporation materials, including any and all copies, or renditions made from the materials, shall be returned to McDonald’s Restaurants of New York, Inc., and McDonald's Corporation within thirty (30) days. 9 A breach of the terms of this Order shall entitle McDonald’s Restaurants of New York, Inc., and McDonald's Corporation to appropriate sanctions, including but not limited to attorneys fees and costs incurred in the enforcement of this Order. Signed this the day of ENTERED: Hon. Agreed as to the terms and conditions: ER TARALLO, LLP Attorneys for Defendants Steven Panos, Panos Enterprises, Inc., McDonald’s Restaurants of New York, Inc., McDonald’s Corporation and McDonald’s of Fairmount Fair 507 Plum Street, 3°? Floor Syracuse, New York 13204 (315) 471-6166 Our File No. U-ARC-00112/JT™M AtWYorney for Plaintiff Jacob Cooper as Parent and Natural Guardian of Morgan Cooper, an infant 2303 Pine Avenue Niagara Falls, New York 14301 (716) 284-8888