Preview
AGE 83
* 09/11/2014 12:32 212-344-3333 HERZFELD & RUBIN P,
CHIGINAL
4o¥
SUPREMB COURT OF THE STATE OF NBW YORK yr d
COUNTY OF NASSAU
x
LEON HOLDINGS, ] LLC and Index No.: 601536/2012-«
LEON PETROLEUM, LLC |
Phin
~ageinst-
NORTHVILLE INDUSTRIES CORP.,
Defendant.
fy ee neem I
. To facilitate the diclosue and information dang the couse of the above-
captioned litigation between Leon Holdings, ULC and Leon Petrolsuin, LLC (“Plaintiff”), and
Northville Industries Corp, (hereinafter, “action” or “procecding™), and to protect trade secrets
and other confidential and propriety information notin the public domain, the pertis stipulate
to, >and the Cont herby ens this Potestive Onder ("Order to gave this eotion:
ssc oti, og. cope, ihe penny
requests for information, subpoenas, or other modes of discovery (formal ot informal), and
including dépositions, that are claimed to be of a trade secret, pioptietary or confidential nature.
p Any thaterial that the producing
paty contends in god faith to soneitute Confidential Taformation shall so marke by the
, Providing party by stamping the same with the legend “Confidential.” ‘Testimony taken at a
deposition, hearing or tral may be designated as Confidential by making a sttement to that
offect on the record at the deposition or othr proceeding, ot by so designating it in writing thirty
al* ag/11/2814
12:32 212-344-3333 HERZFELD & RUBIN
(30) days afeeeceipt ofthe transcript from the court reporter, Arrangements shall be ade with
‘the court reporter tang and transeibing such deposition proceeding to separately bind such
portions of the tase iat conttn infomation designated as Confidential, oro abel och
Pontos apprepintely. Accs to and review of Conidntnl Information shall be sty
controlled by thé texas of this Order, and all copies of such Confidential Inftmation shell be
Ca nm steetninstice renter ront
| adépendent Source, Noting has shal inpoe ny scion on ha
an. dhneny opp tnetonacte rereer ent
Set whee or notch zt ls soto tough discovery in ha ation or fom
disclosing tts own Confidential Information as it deems appropriate. .
4 ‘Callens to Designation, This Order stabs a procedure far the
"dios hmdling of afomaton tate pany eansscoufdetl tsa ob canstund
/ 4. an agement or ruling on tho confidentiality of ay document. Any party may challenge the
chametetization of any infomation, document, date or itudy claimed by the providing party to be
confidential in the following manner:
.@ A panty seeking to challengo the confidentiality of any materials pursuant
to this Order shall fret contact counsel for the providing patty and attampt
to resolve any diffrences by stiyulation: -
®) inten in ace cin pret othe characte of thn
information chellsaged, sny perty challenging the confidentiality shall do
so by suhmiting the disput, tmder ea, te the Insts tin wore
Supreme Court, Nassim County, assigned to this matter, by serving and
filing a motion om notice within 30 days of receipt of the materials and
state with specificity the grounds upon which the documents, transctipt, or
other material are decmed io be non-confidential by the challenging party.
2
PAGE
64- 89/11/2014
12:32 212-344-3333 HERZFELD & RUBIN PAGE
{e) Jn the eveat of a challenge ta the confidentiality of any materials, #tshall
Bets arden of the providing perty and/or it counsel fo show wity the
materials constitute Confidential Information.
5, Non-Parties, Any non-party producing documents or information purrumt
to.a sabpocna issted in this action shall be entitled to avail themselves of the rights and
obligationd of this Stipulated Order by executing this Stipulation below. ‘Upon execution thereof,
tay Chesiens or afomation ode by tt pany bal be accorded the ana ses 2g
- provided or inthis Stipe Onder,
6 "Wea Consent Iomaton Al pons who te eatited to review, .
or who ae fred aces to ny Confer Infection (tpi a Seto 7 below)
shall neither use nor disclose the Confidential Information for purposes of business or
competition, or any purpose other than the purpose of preparation for and conduct of proceedings
inthe above-captioned action, nd abl keep the Confidential Information secure ay tind score,
confidential or roi infomation and in accordance wit th purposes ante of tis
Stipulated Order, No Confideatial Information may be used for any purpose other than fort the
Prosecution or defense of this action.
7. Persons Entitled to Review. Bach party thet receives Confidential
information tut initasces to such Confidente! formation to (1) stomeys employed or
Tetnined by the perty in this action and the aftcmeya’ staff: (2) experts and consultants retained by
counsel who need access to the noaterial to assist in the prosecution or defense of this action; (3)
Preparation of witnesses for testimony at deposition or at the trial; and (4) the parties in thix
action.
a .
a5- @9/11/2614
12:32 212-344-3333 HERZFELD & RUBIN PAGE
| 8. Consultants. Before Confidential Information is provided to experts,
consultants or advisors retained by counsel, such experts, consultants or advisors shal! be
Tresented with u copy of this Stipulated Onder, and shall ngree to be bound hy its terms, by
signing the foom stiuched as Exhibit A, tiled “Non-Disclosure Agreement” A copy of ll*Noo-
Disclosure Agreements” will be provided to counsel for the producing party at the time in which
‘te eonsuant is designate a en expert or constant cr, if aot so designated, athe conehsion
of thin ation,
inetding may portion of depoion tana espn as Cen ry pending
memoranshum diselosing the content of any such material or any such portions of testimony, or
Purporting to reproduce or parsphrass Confidential Material, is included in any papers to be filed
with the Court, suck papers shall be filed smder seul and labeled “Confidential — Subject to
Protective Order” on the eaver of te filing ‘The parties shall flea redacted copy of the
document with the Court electronically,
10, Non-Waiver. Fda pion of ny fest, acum
ting which th rodusng pry lait Confident, privileged a contaas atumney wok
product shall not be deemed a waiver of confidentiality privilege or work product protection a3 to
such matter or any other matter. ‘Upon written notice from the producing party, all copies of any
such information, document or thing shall prompély be retuned to end at the expense af the
Producing party, and any notes or other materials derived from it shall be destrayed. ifthe
weciving party disclosed the information before being notified, it must take reasonable steps to
a6PAGE
+ @9/11/2814 12:32 212-344-3333 HERZFELD & RUBIN
“11, Tiel Usage. This Stipulated Order is intuaded to govern the treaiment of
documents prior to the tual of this action. The treatment of such Confidential Information at tral
shall be detsomined by the Com atthe ine ofthe tial. “The faxishing of any document,
information, data, study or other matecials pursuat to this Protective Order shall in no wey limit
the ight ofthe providing potyo object its slevance or admissibility at tt, nor shal the
"Bile contest a designation of documet or infumation es “Confident! Infrtion” ” be
deemed anquicscencs in such status for purposes ofa tial
R ‘Sehporaas By Othe, Ta te event that any party is scrved with a .
subpoena in another action, seckingmsttils designated as Confidential Infomation in this case,
thot pecty shall promptly actvise opposing counsel in this case and shall allow that party sufficient
Tite to object to the subpocna on the basis that the information is confidential,
13. Return and/or Destruction, With the exception of notes otherwise
protected es work product or etomey-lient communications, all nates and copie of .
Confidential Information which have not been received into evidence shall be retumed to the
providing party within thirty (30) days after the final settlement or conclusion of this matter,
including administrative or judicial review theceot. All notes protected as work product or
stfomey-olieat nammunicatinns shall be destroyed at the conclusion of these procectings, and
certification of that fact shall bs made to the providing party,
a7~ @9/11/2814 12:32 212-344-3333
LEON HOLDINGS, LLC and
LEON PETROLEUM, LLC
By their a
666 Old Comiry Road, #101
Garden City, New York 11530
say Saw Mill River Road, Suite JAB
Ardsley, New York 10502
HERZFELD & RUBIN PAGE
NORTHVILLE INDUSTRIES CORP.
By its attorneys
SC
Micha. Gnlleb, Esq — Bein T Care, Bag
HERZFELD & RUBIN, P.C.
125 Broad Street
New York, New York 10004
ENTERED
SEP 29 2014
NASSAU COUNTY
COUNTY CLERK'S OFFICE
48> 99/11/2814 12:32 212-344-3333
HERZFELD & RUBIN PAGE
‘atest ont enh pois i Spd Ptae
‘nd subi tothe juricron of the Supreme Cour ofthe Sate of New York, Couly of Nexen
‘or may procoodings with respect to suid Stipulated Protective Order; thst the/she will not discuss
‘mito dvelge to pects other than those speically authorized by this Stipulated Protecve
Ores, a il wot copy or use, exept sola fer the purposen ofthis sit and fr no other
Putposes, ‘ny docoments, maerals, or information obtsined pursuant to sid Stipulated
Protective Order except us expressly permitted by the Court
fe and sworn to before me
this___dayof__ 2614
J
ag
Preview
AGE 83 * 09/11/2014 12:32 212-344-3333 HERZFELD & RUBIN P, CHIGINAL 4o¥ SUPREMB COURT OF THE STATE OF NBW YORK yr d COUNTY OF NASSAU x LEON HOLDINGS, ] LLC and Index No.: 601536/2012-« LEON PETROLEUM, LLC | Phin ~ageinst- NORTHVILLE INDUSTRIES CORP., Defendant. fy ee neem I . To facilitate the diclosue and information dang the couse of the above- captioned litigation between Leon Holdings, ULC and Leon Petrolsuin, LLC (“Plaintiff”), and Northville Industries Corp, (hereinafter, “action” or “procecding™), and to protect trade secrets and other confidential and propriety information notin the public domain, the pertis stipulate to, >and the Cont herby ens this Potestive Onder ("Order to gave this eotion: ssc oti, og. cope, ihe penny requests for information, subpoenas, or other modes of discovery (formal ot informal), and including dépositions, that are claimed to be of a trade secret, pioptietary or confidential nature. p Any thaterial that the producing paty contends in god faith to soneitute Confidential Taformation shall so marke by the , Providing party by stamping the same with the legend “Confidential.” ‘Testimony taken at a deposition, hearing or tral may be designated as Confidential by making a sttement to that offect on the record at the deposition or othr proceeding, ot by so designating it in writing thirty al* ag/11/2814 12:32 212-344-3333 HERZFELD & RUBIN (30) days afeeeceipt ofthe transcript from the court reporter, Arrangements shall be ade with ‘the court reporter tang and transeibing such deposition proceeding to separately bind such portions of the tase iat conttn infomation designated as Confidential, oro abel och Pontos apprepintely. Accs to and review of Conidntnl Information shall be sty controlled by thé texas of this Order, and all copies of such Confidential Inftmation shell be Ca nm steetninstice renter ront | adépendent Source, Noting has shal inpoe ny scion on ha an. dhneny opp tnetonacte rereer ent Set whee or notch zt ls soto tough discovery in ha ation or fom disclosing tts own Confidential Information as it deems appropriate. . 4 ‘Callens to Designation, This Order stabs a procedure far the "dios hmdling of afomaton tate pany eansscoufdetl tsa ob canstund / 4. an agement or ruling on tho confidentiality of ay document. Any party may challenge the chametetization of any infomation, document, date or itudy claimed by the providing party to be confidential in the following manner: .@ A panty seeking to challengo the confidentiality of any materials pursuant to this Order shall fret contact counsel for the providing patty and attampt to resolve any diffrences by stiyulation: - ®) inten in ace cin pret othe characte of thn information chellsaged, sny perty challenging the confidentiality shall do so by suhmiting the disput, tmder ea, te the Insts tin wore Supreme Court, Nassim County, assigned to this matter, by serving and filing a motion om notice within 30 days of receipt of the materials and state with specificity the grounds upon which the documents, transctipt, or other material are decmed io be non-confidential by the challenging party. 2 PAGE 64- 89/11/2014 12:32 212-344-3333 HERZFELD & RUBIN PAGE {e) Jn the eveat of a challenge ta the confidentiality of any materials, #tshall Bets arden of the providing perty and/or it counsel fo show wity the materials constitute Confidential Information. 5, Non-Parties, Any non-party producing documents or information purrumt to.a sabpocna issted in this action shall be entitled to avail themselves of the rights and obligationd of this Stipulated Order by executing this Stipulation below. ‘Upon execution thereof, tay Chesiens or afomation ode by tt pany bal be accorded the ana ses 2g - provided or inthis Stipe Onder, 6 "Wea Consent Iomaton Al pons who te eatited to review, . or who ae fred aces to ny Confer Infection (tpi a Seto 7 below) shall neither use nor disclose the Confidential Information for purposes of business or competition, or any purpose other than the purpose of preparation for and conduct of proceedings inthe above-captioned action, nd abl keep the Confidential Information secure ay tind score, confidential or roi infomation and in accordance wit th purposes ante of tis Stipulated Order, No Confideatial Information may be used for any purpose other than fort the Prosecution or defense of this action. 7. Persons Entitled to Review. Bach party thet receives Confidential information tut initasces to such Confidente! formation to (1) stomeys employed or Tetnined by the perty in this action and the aftcmeya’ staff: (2) experts and consultants retained by counsel who need access to the noaterial to assist in the prosecution or defense of this action; (3) Preparation of witnesses for testimony at deposition or at the trial; and (4) the parties in thix action. a . a5- @9/11/2614 12:32 212-344-3333 HERZFELD & RUBIN PAGE | 8. Consultants. Before Confidential Information is provided to experts, consultants or advisors retained by counsel, such experts, consultants or advisors shal! be Tresented with u copy of this Stipulated Onder, and shall ngree to be bound hy its terms, by signing the foom stiuched as Exhibit A, tiled “Non-Disclosure Agreement” A copy of ll*Noo- Disclosure Agreements” will be provided to counsel for the producing party at the time in which ‘te eonsuant is designate a en expert or constant cr, if aot so designated, athe conehsion of thin ation, inetding may portion of depoion tana espn as Cen ry pending memoranshum diselosing the content of any such material or any such portions of testimony, or Purporting to reproduce or parsphrass Confidential Material, is included in any papers to be filed with the Court, suck papers shall be filed smder seul and labeled “Confidential — Subject to Protective Order” on the eaver of te filing ‘The parties shall flea redacted copy of the document with the Court electronically, 10, Non-Waiver. Fda pion of ny fest, acum ting which th rodusng pry lait Confident, privileged a contaas atumney wok product shall not be deemed a waiver of confidentiality privilege or work product protection a3 to such matter or any other matter. ‘Upon written notice from the producing party, all copies of any such information, document or thing shall prompély be retuned to end at the expense af the Producing party, and any notes or other materials derived from it shall be destrayed. ifthe weciving party disclosed the information before being notified, it must take reasonable steps to a6PAGE + @9/11/2814 12:32 212-344-3333 HERZFELD & RUBIN “11, Tiel Usage. This Stipulated Order is intuaded to govern the treaiment of documents prior to the tual of this action. The treatment of such Confidential Information at tral shall be detsomined by the Com atthe ine ofthe tial. “The faxishing of any document, information, data, study or other matecials pursuat to this Protective Order shall in no wey limit the ight ofthe providing potyo object its slevance or admissibility at tt, nor shal the "Bile contest a designation of documet or infumation es “Confident! Infrtion” ” be deemed anquicscencs in such status for purposes ofa tial R ‘Sehporaas By Othe, Ta te event that any party is scrved with a . subpoena in another action, seckingmsttils designated as Confidential Infomation in this case, thot pecty shall promptly actvise opposing counsel in this case and shall allow that party sufficient Tite to object to the subpocna on the basis that the information is confidential, 13. Return and/or Destruction, With the exception of notes otherwise protected es work product or etomey-lient communications, all nates and copie of . Confidential Information which have not been received into evidence shall be retumed to the providing party within thirty (30) days after the final settlement or conclusion of this matter, including administrative or judicial review theceot. All notes protected as work product or stfomey-olieat nammunicatinns shall be destroyed at the conclusion of these procectings, and certification of that fact shall bs made to the providing party, a7~ @9/11/2814 12:32 212-344-3333 LEON HOLDINGS, LLC and LEON PETROLEUM, LLC By their a 666 Old Comiry Road, #101 Garden City, New York 11530 say Saw Mill River Road, Suite JAB Ardsley, New York 10502 HERZFELD & RUBIN PAGE NORTHVILLE INDUSTRIES CORP. By its attorneys SC Micha. Gnlleb, Esq — Bein T Care, Bag HERZFELD & RUBIN, P.C. 125 Broad Street New York, New York 10004 ENTERED SEP 29 2014 NASSAU COUNTY COUNTY CLERK'S OFFICE 48> 99/11/2814 12:32 212-344-3333 HERZFELD & RUBIN PAGE ‘atest ont enh pois i Spd Ptae ‘nd subi tothe juricron of the Supreme Cour ofthe Sate of New York, Couly of Nexen ‘or may procoodings with respect to suid Stipulated Protective Order; thst the/she will not discuss ‘mito dvelge to pects other than those speically authorized by this Stipulated Protecve Ores, a il wot copy or use, exept sola fer the purposen ofthis sit and fr no other Putposes, ‘ny docoments, maerals, or information obtsined pursuant to sid Stipulated Protective Order except us expressly permitted by the Court fe and sworn to before me this___dayof__ 2614 J ag