Preview
<7
coMMONWEAL i
Middlesex, ss. q Superior Court Department
: | | Of The Trial Court
H
INVEST-N-INVOICE, INC.,
Plaintiff,
v. . \
MBM INDUSTRIES, INC.,
Defendant, C. A. No. 2016-537
FAMILY DOLLAR, INC., MICHAELS
STORES, INC., JO-ANN STORES LLC, |.
WAL-MART STORES, INC., and SPS
COMMERCE, INC.,
Reach-and-Apply Defendants.
ee eee
‘
q
l
AGREED CONFIDENTIALITY ORDER = INVEST-N-INVOICE, INC. AND
WAL-MART STORES, INC,
i
The parties have agreed to and have submitted to the Court, and for good cause shown
the Court hereby enters, the following Confidentiality Order:
1. This Confidentiality Order she ] govern the disclosure of materials designated as
Confidential Material during the course ofi discovery. Confidential Material, as used in this
Order, shall refer to any document or item designated as Confidential or Highly Confidential —
Attorneys’ Eyes Only, including but not |Iimited to, documents or items produced during
i
discovery, all copies thereof, and the informal lon contained in such material.
MEI 22427768y.1 , !2.
and categories of materials:
J
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Confidential Material, as used’ jn this
a. Materials relating to any pil ileged, confidential, or nonpublic
information, including, but not limited to, trade secrets, research,
design, development, financial, technical, marketing, planning,
personal, or commercial informs tion, as such terms are used in the
Massachusetts Rules of Civil Procedure and any applicable case
law interpreting Rule 26(c) joontracts; proprietary information;
vendor agreements; personnelt files; claim/litigation information;
or certain policies and procedures.
\
b. Materials containing corporate trad _ secrets, nonpublic research
and development data, pricing formulas, inventory management
programs, confidential busines information not generally known
to the general public, and customer-related Protected Data are
considered Highly Confidential Material and shall be deemed
“ATTORNEYS’ EYES ONLY}. Qualified recipients of materials
marked "ATTORNEYS' EYES ONLY" shall include only the
following: In-house counsel i 1d law firms for each party and the
secretarial, clerical and paralegal staff of each.
|
c. Protected Data shall rfes to any information that a party
believes in good faith to be ane toifederal, state or foreign data
protection laws or other privacy) | obligations. Examples of such data
protection laws include but are not limited to The Gramm-Leach-
Bliley Act, 15 U.S.C. § 6801 ii seq. (financial information); and,
The Health Insurance Portability and] Accountability Act and the
regulations thereunder, 45 CFR Part 160 and Subparts A and E of
Part 164 (medical information). Cétain Protected Data may
rder, consists of the following materials
compel alternative or additional
Highly Confidential Material, fi
and confer in good faith, and, i
for appropriate relief.
3. If any party seeks to designat
protettions beyond those afforded
n which event the parties shall meet
unsuccessful, shall move the Court .
additiohal documents or categories of documents
as Confidential Material, it will be the burden|of the party seeking protected status to move for a
—§$— Ff
Court Order designating the materials as confidential jafter the parties confer.
4. The parties agree that such Confide: ntial Material as described in paragraph 2
should be given the protection of an order of| this Court to prevent injury through disclosure to
persons other than those person involved in the prosecution or defense of this litigation.
MEL 22427768v.15. To designate information as
|
confidential, the producing party shal] mark
Confidential Material with the legend «ct npbiac- SUBJECT TO PROTECTIVE
ORDER” or “HIGHLY CONFIDENTIAL +
PROTECTIVE ORDER” and shall subm
interrogatories or answers to requests for adn
appropriate legend. The receiving party may
copies shall become subject to the same prot
those copies were made.
a. Information on a disk or othe
i
by marking the storage ‘med
|!
SUBJECT TO CONFIDENTIA!
ATTORNEYS’ EYES ONLY!
The receiving party shall mark’
i
any permissible copies of such
contained on the original and
i
protections, as the Confidential
b. Information disclosed at an;
designated by the party as
deposition that the information
j
ATTORNEYS’ EYES ONLY — SUBJECT TO
confidential ‘discovery, such as answers to
issions| in a separate document stamped with the
make copies of Confidential Material and such
ectiong as the Confidential Material from which
}
r electronic format may be designated confidential
ram itself with the legend “CONFIDENTIAL-
{
LITY ORDER” or “HIGHLY CONFIDENTIAL -
- SUBJECT TO CONFIDENTIALITY ORDER.”
any hard-copy printouts and the storage medium of
electronic material with the corresponding legend
such |copies shall become subject to the same
Material from which those copies were made.
deposition of a party taken in this action may be
onfidential by indicating on the -record at the
is confidential and subject to the provisions of this
Order, Alternatively, the party may designate information disclosed at the
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deposition as confidential by,
writing, within 15 business day
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and lines of the transcript whi
MEI 22427768v.1
notifyi
ch are
\
ing the court reporter and other parties in
s of receipt of the transcript, of the specific pages
designated as confidential. The parties mayagree to a reasonable extensia
Designations of transcripts wil
testimony. During such 15 business da
confidential treatment. Upon st
{i
shall affix the “CONFIDE!
n of th
uch des:
NTIAL
!
Ms business day period for designation.
1
0 audio, video, or other recordings of the
y period, the entire transcript shall receive
apply
gnation, the court reporter and each party
| SUBJECT TO CONFIDENTIALITY
ORDER” or “HIGHLY CONFIDENTIAL - ATTORNEYS’ EYES ONLY -
SUBJECT TO CONFIDENTI
and segregate them as appropria
f
ib
paragraph 2 by Court Order, an
k
{
“CONFIDENTIAL- SUBJEQ
c. Copies of material descril
“HIGHLY CONFIDENTIAL
CONFIDENTIALITY ORDER
Party failed to make such
inadvertence or error. If such
f
qualified pursuant to paragraph
shall take reasonable efforts to,
1
q
A
i
LITY 'ORDER”” legend to the designated pages
te.
'
{ .
ed in paragraph 2 above, or incorporated into
i
‘] which were produced without the designation of
IT TO CONFIDENTIALITY ORDER” or
ATTORNEYS’ EYES ONLY ~ SUBJECT TO
”* may be so designated later if the Producing
lesignation at the time of production through
information has been disclosed to persons not
7 below, the party who disclosed such information
retrieve previously disclosed Confidential Material
and advise such persons that the material is Confidential.
6. Disclosure (including producti
claims should not have been disclosed becau:
attorney-client privilege or work product doct
a waiver of, or estoppel to, any claim of attorn
ground for withholding production as to w)
MEI 22427768v.1
on) of
information that a party or non-party later
e of ajprivilege, including, but not limited to, the
ine (“Privileged Information”), shall not constitute
ey-client privilege, attorney work product, or other
ich the: lproducing party would be entitled in thelitigation or any other federal or state procee
ding. yjursuant to Massachusetts Rule of Civil
Procedure 26(b)(5)(B)), the receiving party hereby agrees to return, sequester, or destroy any
Privileged Information disclosed or produced
receiving party reasonably believes that Privile
or produced to it, it shall promptly notify th
until instructions as to disposition are receiv
—=3>=o—
by thé producing party upon request. If the
ged Information has been inadvertently disclosed
producing party and sequester such information
d. The failure of any party to provide notice or
I
instructions under this Paragraph shall not constitute a waiver of, or estoppel to, any-claim of
attorney-client privilege, attorney work product
, or other ground for withholding production as to
which the producing party would be entitled in the Litigation or any other federal or state
proceeding. This provision is designed to foreclose any arguments that by making such
f
production, the production of Confidential Materials subject to a legally recognized claim of
privilege, including without limitation the atjorney-client privilege, work-product doctrine, or
other applicable privilege: ]
(a) was not inadvertent by the Producing Party;
(b) that the Producing Party did not take reasonable steps to
prevent the disclosure of privileged Documents;
(c) that the Producing Party did not take reasonable or timely steps
to rectify such (Disclosure; and/or
(d) that such Dist josure acts as a waiver of applicable privileges or
protections associated with such Documents.
, 1
7. Any Confidential Material and the information contained therein shall be
1
disclosed only to the Court, its staff, and coun
. : Il
to-know basis only to the parties, counsel’s!
el of record, and also shall be disclosed on a need-
staff personnel, employees of a party to whom
disclosure is necessary in connection with the preparation for and trial of this action, and any
witnesses in the case (including consulting} and testifying experts) as may from time to time
reasonably be necessary in prosecution or defense of this action. Confidential Material shall not
ME! 22427768v.1 ” }be disclosed to any outside experts or consultants
current or former consultants of a direct comp!
shall advise all persons to whom Confidential
existence of this Order, and shall provide all su
a copy of this Order. Counsel also shall require
}
counsel of record and counsel’s staff personii
prior to the disclosure’ of Confidential Mate!
learning of any breach or threatened breach!
counsel for the Producing Party of such breach
!
offer.or permit disclosure of any Confidential
thereof, Disputes concerning the confidential
Court upon motion prior to dissemination of an
8. Persons having knowledge of|
their participation in the conduct of this litiga’
as permitted herein, and shall not disclose
portion or summary thereof to any person(s) in
person having access to the Confidential Mat
i
subject to sanctions by the Court.
9. The provisions of this Confide
not limit, the use or admissibility of Confid
1
evidence at trial, or during a hearing or simi
f
on appeal, provided that either party may seek]
:
Material.
t
MEI 22427768y.1
ntialit
ential
|
|
ho are current or former employees or
itor off any party named in the Litigation. Counsel
Material is disclosed pursuant to this Order of the
ch persons (other than the Court and its staff) with
|
all persons, except the Court, its staff, the parties,
el, to e heute the Affidavit attached as Exhibit A,
ial. It} shall be the obligation of counsel, upon
of this| Confidentiality Order, to promptly notify
or threatened breach. Counsel shal] not otherwise
Material, its contents, or any portion or summary
Inaturejof such materials shall be resolved by the
|
y Confidential Material.
‘onfidential Material and information by virtue of
ion shall use them for that purpose only and only
uch Confidential Material, their contents or any
ot involved in the conduct of this litigation. If any
rial herein shall violate this Order, he/she may be
Order shall not affect, and this Order does
faterial (or references to that material) as
it proceeding in this action or as part of the record
an appropriate Court Order to protect Confidential »
110. Nothing in this Confidentiality
interested member of the public from seeking and
modification of this Order including additia:
material or the removal of a confidential designation.
the public disagree with any designation of m
to resolve such dispute with the parties’ cour
q
determination as to whether the material or inf
1
\Order shall be deemed to preclude any party or
obtaining, on an ‘appropriate showing, a
nal protection with respect to confidentiality of
Should counsel or an interested member of
terial as confidential, he or she first shall attempt
sel and, if unsuccessful, apply to the Court for a
rmation should remain designated as Confidential
Material. Pending resolution of any challenges, the material at issue shall continue to be treated
f
as Confidential Material until ordered otherwis
j
Ml.
information or material that was, is or beco:
Confidential Material may be/!
|
i
violation of this Order.
12.
cause to seal from public view any Confide:
must file a separate and specific motion for su
for good cause shown and if consistent with!
materials under seal. Any member of the pub
sealing of the documents filed with the Court!
i
13. In the event Confidential
confidential by the Court as described in par
bearing the following designation when depo.
MEI 22427768v.1
The restrictions set forth in any of the
h
e by the Court,
preceding paragraphs shall not apply to
hes public knowledge in a manner other than by
led with the Court. Should any party have good
jal Material that is filed with the Court, that party
ch protection, and the motion will only be granted
Massachwsetts court rules and law regarding filing
lic may challenge any attempt by any party to the
terials or portions of transcripts are sealed as
graph 12 above, they shall be filed in an envelope
In
jted: |CONF
|
AL
DENT: A
IN ACCORDANCE WITH THE CONFIDENTIALITY ORDER
OF THE COURT, THE CQ
SHALL BE TREATED AS Ct
BE SHOWN TO A PERSON
TENTS OF THIS ENVELOPE
INFIDENTIAL AND MUST NOT
OTHER THAN THE COURT,
ATTORNEYS IN THIS CASB, OR TO PERSONS ASSISTING
THOSE ATTORNEYS.
14. This Order shall continue to be
litigation, including all appeals. Within 30 d:
|
not limited to final adjudication of any app
designated as “Confidential” or “Highly Con’
|
summaries thereof shall be returned to the
destroyed. Whether the Confidential Materiall
submit a written certification to the producing
category, where appropriate) all the Confident!
affirms that the receiving party has not retain
|
this provision, counsel is entitled to retain any
or any other format reproducing or capturing
15, If any person receiving documents
order, interrogatory, or document or civil
issued in any other action, investigation, or;
was produced or designated as Confidential
the receiving party shall give prompt written
(5) business days of receipt of such Demand to
ay
I
inding throughout and after the conclusion of this
s of settlement or final adjudication, including but
als or petitions for extraordinary writs, all items
Hentiall— Attorneys’ Eyes Only,” and all copies or
1
party that produced such materials or shall be
is retumed or destroyed, the receiving party must
party by the 30-day deadline that (1) identifies (by
jal Material that was returned or destroyed and (2)
ed any|copies, abstracts, compilations, summaries
my of the Confidential Material. Notwithstanding
attorney work product.
covered by this Order is served with a subpoena,
investigative demand (collectively, a “Demand”)
proceeding, and such Demand seeks material that
Material by someone other than the receiving party,
Inotice by hand or facsimile transmission within five
the party or non-party who produced or
designated the material as Confidential Me erial, ind shall object to the production of such
I .
materials on the grounds of the existence of is Order. The burden of opposing the enforcement
8
MEI 22427768v.1
|,of the Demand shall fall upon the party or non:
Confidential Material. Unless the party
Confidential Material obtains an order direct
serves such order upon the receiving party |;
receiving party shall be permitted to produa
party
or non,
ho produced or designated the material as
party who produced or designated the
4
ng that'the Demand not be complied with, and
1
prior taiproduction pursuant to the Demand, the
ie documents responsive to the Demand on the
Demand response date, provided sufficient natice of; the Demand is provided. Compliance by
the receiving party with any order directing . production pursuant to the Demand: of any
Confidential Material shall not constitute a vio
construed as authorizing a party to disobey a lq
16, In the event additional parties joi
|
party(ies) shall not have access to Confidential
ation of this Order. Nothing in this Order shall be
wful subpoena issued in another action.
n or intervene in this litigation, the newly joined
Matetial until its/their counsel has executed and,
I
at the request of any party, filed with the Court the agreement of such party(ies) and such counsel
|
to be fully bound by this Order.
17. The parties agree that nothing in'
which counsel for the parties may advise or r
—
prepare for trial, present proof at trial, including any!
—
or admissibility of any information or docum
18.
This Order shall remain in ful
amended or rescinded by the Court.
IT IS SO ORDERED
Dated: hey 24 »20le
ME! 22427768v.1 t
presen
this Order shall be deemed to limit the extent to
their respective clients, conduct discovery,
i
document herein, or oppose the production
nts which have been requested.
force and effect until such time as it is modified,Dated: 20\lp . Respectfully stipulated to and submitted by,
: Brian i. Manikowski, BBO # 694020
: Godbout Law PLLC
! 33, Broad Street, 11"" Floor
Boston, MA 02109
Counsel for Plaintiff
| Davi , BBO #567274
Kelly A.!Gabos, BBO #666219
McCarter & English, LLP
265 Franklin Street
Boston, MA 02110
Counsel for Defendant
2
ME! 22427768v.1 | aAFF
1. My name is ; . Llive
x |
2. I am aware that a clasenlitey Order has been entered in
{
3. I acknowledge that documents andj
a copy thereof has been given to me.
such Confidentiality Order are being disclos:
subject to the jurisdiction of this Court and to
subject to all penalties prescribed therein, incl
Order. I promise that the documents and ip
Confidentiality Order entered in this case wil
counsel for the parties in preparing for litiga
that any use of such Confidential Material}
Confidentiality Order will subject me to the sanctions
4. I promise that I will not disclose or
any person other than the parties and counsel
201__
DATED: :
EX!
ME] 22427768v.1
> peding in the
ed
Nf
HIBIT
and
i
i
1
formation designated as confidential pursuant to
to me only upon the condition that I agree to be
that Order. T hereby agree to abide by such Order,
uding contempt of Court, for disobedience of said
formation given confidential treatment under the
be used by me only in connection with assisting
ion of| the above-captioned matters. I understand
in any;manner contrary to the provisions of the
of this Court for contempt.
discuss such Confidential Materials or information
or the parties or members of their staff.
11CERTIFICATE OF SERVICE
Thereby certify that on this day I caused a true copy of the foregoing Agreed Upon
Protective Order to be served upon David A. pat Es¢. and Brian J. Manikowski, Esq. of
Godbout Law PLLC, 33 Broad Street, 11" Floor, Bos on, MA 02109 by first-class mail, postage
prepaid.
Date: |May 12, 2016
12
MEL 22427768v.1
Preview
<7 coMMONWEAL i Middlesex, ss. q Superior Court Department : | | Of The Trial Court H INVEST-N-INVOICE, INC., Plaintiff, v. . \ MBM INDUSTRIES, INC., Defendant, C. A. No. 2016-537 FAMILY DOLLAR, INC., MICHAELS STORES, INC., JO-ANN STORES LLC, |. WAL-MART STORES, INC., and SPS COMMERCE, INC., Reach-and-Apply Defendants. ee eee ‘ q l AGREED CONFIDENTIALITY ORDER = INVEST-N-INVOICE, INC. AND WAL-MART STORES, INC, i The parties have agreed to and have submitted to the Court, and for good cause shown the Court hereby enters, the following Confidentiality Order: 1. This Confidentiality Order she ] govern the disclosure of materials designated as Confidential Material during the course ofi discovery. Confidential Material, as used in this Order, shall refer to any document or item designated as Confidential or Highly Confidential — Attorneys’ Eyes Only, including but not |Iimited to, documents or items produced during i discovery, all copies thereof, and the informal lon contained in such material. MEI 22427768y.1 , !2. and categories of materials: J | Confidential Material, as used’ jn this a. Materials relating to any pil ileged, confidential, or nonpublic information, including, but not limited to, trade secrets, research, design, development, financial, technical, marketing, planning, personal, or commercial informs tion, as such terms are used in the Massachusetts Rules of Civil Procedure and any applicable case law interpreting Rule 26(c) joontracts; proprietary information; vendor agreements; personnelt files; claim/litigation information; or certain policies and procedures. \ b. Materials containing corporate trad _ secrets, nonpublic research and development data, pricing formulas, inventory management programs, confidential busines information not generally known to the general public, and customer-related Protected Data are considered Highly Confidential Material and shall be deemed “ATTORNEYS’ EYES ONLY}. Qualified recipients of materials marked "ATTORNEYS' EYES ONLY" shall include only the following: In-house counsel i 1d law firms for each party and the secretarial, clerical and paralegal staff of each. | c. Protected Data shall rfes to any information that a party believes in good faith to be ane toifederal, state or foreign data protection laws or other privacy) | obligations. Examples of such data protection laws include but are not limited to The Gramm-Leach- Bliley Act, 15 U.S.C. § 6801 ii seq. (financial information); and, The Health Insurance Portability and] Accountability Act and the regulations thereunder, 45 CFR Part 160 and Subparts A and E of Part 164 (medical information). Cétain Protected Data may rder, consists of the following materials compel alternative or additional Highly Confidential Material, fi and confer in good faith, and, i for appropriate relief. 3. If any party seeks to designat protettions beyond those afforded n which event the parties shall meet unsuccessful, shall move the Court . additiohal documents or categories of documents as Confidential Material, it will be the burden|of the party seeking protected status to move for a —§$— Ff Court Order designating the materials as confidential jafter the parties confer. 4. The parties agree that such Confide: ntial Material as described in paragraph 2 should be given the protection of an order of| this Court to prevent injury through disclosure to persons other than those person involved in the prosecution or defense of this litigation. MEL 22427768v.15. To designate information as | confidential, the producing party shal] mark Confidential Material with the legend «ct npbiac- SUBJECT TO PROTECTIVE ORDER” or “HIGHLY CONFIDENTIAL + PROTECTIVE ORDER” and shall subm interrogatories or answers to requests for adn appropriate legend. The receiving party may copies shall become subject to the same prot those copies were made. a. Information on a disk or othe i by marking the storage ‘med |! SUBJECT TO CONFIDENTIA! ATTORNEYS’ EYES ONLY! The receiving party shall mark’ i any permissible copies of such contained on the original and i protections, as the Confidential b. Information disclosed at an; designated by the party as deposition that the information j ATTORNEYS’ EYES ONLY — SUBJECT TO confidential ‘discovery, such as answers to issions| in a separate document stamped with the make copies of Confidential Material and such ectiong as the Confidential Material from which } r electronic format may be designated confidential ram itself with the legend “CONFIDENTIAL- { LITY ORDER” or “HIGHLY CONFIDENTIAL - - SUBJECT TO CONFIDENTIALITY ORDER.” any hard-copy printouts and the storage medium of electronic material with the corresponding legend such |copies shall become subject to the same Material from which those copies were made. deposition of a party taken in this action may be onfidential by indicating on the -record at the is confidential and subject to the provisions of this Order, Alternatively, the party may designate information disclosed at the | deposition as confidential by, writing, within 15 business day | and lines of the transcript whi MEI 22427768v.1 notifyi ch are \ ing the court reporter and other parties in s of receipt of the transcript, of the specific pages designated as confidential. The parties mayagree to a reasonable extensia Designations of transcripts wil testimony. During such 15 business da confidential treatment. Upon st {i shall affix the “CONFIDE! n of th uch des: NTIAL ! Ms business day period for designation. 1 0 audio, video, or other recordings of the y period, the entire transcript shall receive apply gnation, the court reporter and each party | SUBJECT TO CONFIDENTIALITY ORDER” or “HIGHLY CONFIDENTIAL - ATTORNEYS’ EYES ONLY - SUBJECT TO CONFIDENTI and segregate them as appropria f ib paragraph 2 by Court Order, an k { “CONFIDENTIAL- SUBJEQ c. Copies of material descril “HIGHLY CONFIDENTIAL CONFIDENTIALITY ORDER Party failed to make such inadvertence or error. If such f qualified pursuant to paragraph shall take reasonable efforts to, 1 q A i LITY 'ORDER”” legend to the designated pages te. ' { . ed in paragraph 2 above, or incorporated into i ‘] which were produced without the designation of IT TO CONFIDENTIALITY ORDER” or ATTORNEYS’ EYES ONLY ~ SUBJECT TO ”* may be so designated later if the Producing lesignation at the time of production through information has been disclosed to persons not 7 below, the party who disclosed such information retrieve previously disclosed Confidential Material and advise such persons that the material is Confidential. 6. Disclosure (including producti claims should not have been disclosed becau: attorney-client privilege or work product doct a waiver of, or estoppel to, any claim of attorn ground for withholding production as to w) MEI 22427768v.1 on) of information that a party or non-party later e of ajprivilege, including, but not limited to, the ine (“Privileged Information”), shall not constitute ey-client privilege, attorney work product, or other ich the: lproducing party would be entitled in thelitigation or any other federal or state procee ding. yjursuant to Massachusetts Rule of Civil Procedure 26(b)(5)(B)), the receiving party hereby agrees to return, sequester, or destroy any Privileged Information disclosed or produced receiving party reasonably believes that Privile or produced to it, it shall promptly notify th until instructions as to disposition are receiv —=3>=o— by thé producing party upon request. If the ged Information has been inadvertently disclosed producing party and sequester such information d. The failure of any party to provide notice or I instructions under this Paragraph shall not constitute a waiver of, or estoppel to, any-claim of attorney-client privilege, attorney work product , or other ground for withholding production as to which the producing party would be entitled in the Litigation or any other federal or state proceeding. This provision is designed to foreclose any arguments that by making such f production, the production of Confidential Materials subject to a legally recognized claim of privilege, including without limitation the atjorney-client privilege, work-product doctrine, or other applicable privilege: ] (a) was not inadvertent by the Producing Party; (b) that the Producing Party did not take reasonable steps to prevent the disclosure of privileged Documents; (c) that the Producing Party did not take reasonable or timely steps to rectify such (Disclosure; and/or (d) that such Dist josure acts as a waiver of applicable privileges or protections associated with such Documents. , 1 7. Any Confidential Material and the information contained therein shall be 1 disclosed only to the Court, its staff, and coun . : Il to-know basis only to the parties, counsel’s! el of record, and also shall be disclosed on a need- staff personnel, employees of a party to whom disclosure is necessary in connection with the preparation for and trial of this action, and any witnesses in the case (including consulting} and testifying experts) as may from time to time reasonably be necessary in prosecution or defense of this action. Confidential Material shall not ME! 22427768v.1 ” }be disclosed to any outside experts or consultants current or former consultants of a direct comp! shall advise all persons to whom Confidential existence of this Order, and shall provide all su a copy of this Order. Counsel also shall require } counsel of record and counsel’s staff personii prior to the disclosure’ of Confidential Mate! learning of any breach or threatened breach! counsel for the Producing Party of such breach ! offer.or permit disclosure of any Confidential thereof, Disputes concerning the confidential Court upon motion prior to dissemination of an 8. Persons having knowledge of| their participation in the conduct of this litiga’ as permitted herein, and shall not disclose portion or summary thereof to any person(s) in person having access to the Confidential Mat i subject to sanctions by the Court. 9. The provisions of this Confide not limit, the use or admissibility of Confid 1 evidence at trial, or during a hearing or simi f on appeal, provided that either party may seek] : Material. t MEI 22427768y.1 ntialit ential | | ho are current or former employees or itor off any party named in the Litigation. Counsel Material is disclosed pursuant to this Order of the ch persons (other than the Court and its staff) with | all persons, except the Court, its staff, the parties, el, to e heute the Affidavit attached as Exhibit A, ial. It} shall be the obligation of counsel, upon of this| Confidentiality Order, to promptly notify or threatened breach. Counsel shal] not otherwise Material, its contents, or any portion or summary Inaturejof such materials shall be resolved by the | y Confidential Material. ‘onfidential Material and information by virtue of ion shall use them for that purpose only and only uch Confidential Material, their contents or any ot involved in the conduct of this litigation. If any rial herein shall violate this Order, he/she may be Order shall not affect, and this Order does faterial (or references to that material) as it proceeding in this action or as part of the record an appropriate Court Order to protect Confidential » 110. Nothing in this Confidentiality interested member of the public from seeking and modification of this Order including additia: material or the removal of a confidential designation. the public disagree with any designation of m to resolve such dispute with the parties’ cour q determination as to whether the material or inf 1 \Order shall be deemed to preclude any party or obtaining, on an ‘appropriate showing, a nal protection with respect to confidentiality of Should counsel or an interested member of terial as confidential, he or she first shall attempt sel and, if unsuccessful, apply to the Court for a rmation should remain designated as Confidential Material. Pending resolution of any challenges, the material at issue shall continue to be treated f as Confidential Material until ordered otherwis j Ml. information or material that was, is or beco: Confidential Material may be/! | i violation of this Order. 12. cause to seal from public view any Confide: must file a separate and specific motion for su for good cause shown and if consistent with! materials under seal. Any member of the pub sealing of the documents filed with the Court! i 13. In the event Confidential confidential by the Court as described in par bearing the following designation when depo. MEI 22427768v.1 The restrictions set forth in any of the h e by the Court, preceding paragraphs shall not apply to hes public knowledge in a manner other than by led with the Court. Should any party have good jal Material that is filed with the Court, that party ch protection, and the motion will only be granted Massachwsetts court rules and law regarding filing lic may challenge any attempt by any party to the terials or portions of transcripts are sealed as graph 12 above, they shall be filed in an envelope In jted: |CONF | AL DENT: A IN ACCORDANCE WITH THE CONFIDENTIALITY ORDER OF THE COURT, THE CQ SHALL BE TREATED AS Ct BE SHOWN TO A PERSON TENTS OF THIS ENVELOPE INFIDENTIAL AND MUST NOT OTHER THAN THE COURT, ATTORNEYS IN THIS CASB, OR TO PERSONS ASSISTING THOSE ATTORNEYS. 14. This Order shall continue to be litigation, including all appeals. Within 30 d: | not limited to final adjudication of any app designated as “Confidential” or “Highly Con’ | summaries thereof shall be returned to the destroyed. Whether the Confidential Materiall submit a written certification to the producing category, where appropriate) all the Confident! affirms that the receiving party has not retain | this provision, counsel is entitled to retain any or any other format reproducing or capturing 15, If any person receiving documents order, interrogatory, or document or civil issued in any other action, investigation, or; was produced or designated as Confidential the receiving party shall give prompt written (5) business days of receipt of such Demand to ay I inding throughout and after the conclusion of this s of settlement or final adjudication, including but als or petitions for extraordinary writs, all items Hentiall— Attorneys’ Eyes Only,” and all copies or 1 party that produced such materials or shall be is retumed or destroyed, the receiving party must party by the 30-day deadline that (1) identifies (by jal Material that was returned or destroyed and (2) ed any|copies, abstracts, compilations, summaries my of the Confidential Material. Notwithstanding attorney work product. covered by this Order is served with a subpoena, investigative demand (collectively, a “Demand”) proceeding, and such Demand seeks material that Material by someone other than the receiving party, Inotice by hand or facsimile transmission within five the party or non-party who produced or designated the material as Confidential Me erial, ind shall object to the production of such I . materials on the grounds of the existence of is Order. The burden of opposing the enforcement 8 MEI 22427768v.1 |,of the Demand shall fall upon the party or non: Confidential Material. Unless the party Confidential Material obtains an order direct serves such order upon the receiving party |; receiving party shall be permitted to produa party or non, ho produced or designated the material as party who produced or designated the 4 ng that'the Demand not be complied with, and 1 prior taiproduction pursuant to the Demand, the ie documents responsive to the Demand on the Demand response date, provided sufficient natice of; the Demand is provided. Compliance by the receiving party with any order directing . production pursuant to the Demand: of any Confidential Material shall not constitute a vio construed as authorizing a party to disobey a lq 16, In the event additional parties joi | party(ies) shall not have access to Confidential ation of this Order. Nothing in this Order shall be wful subpoena issued in another action. n or intervene in this litigation, the newly joined Matetial until its/their counsel has executed and, I at the request of any party, filed with the Court the agreement of such party(ies) and such counsel | to be fully bound by this Order. 17. The parties agree that nothing in' which counsel for the parties may advise or r — prepare for trial, present proof at trial, including any! — or admissibility of any information or docum 18. This Order shall remain in ful amended or rescinded by the Court. IT IS SO ORDERED Dated: hey 24 »20le ME! 22427768v.1 t presen this Order shall be deemed to limit the extent to their respective clients, conduct discovery, i document herein, or oppose the production nts which have been requested. force and effect until such time as it is modified,Dated: 20\lp . Respectfully stipulated to and submitted by, : Brian i. Manikowski, BBO # 694020 : Godbout Law PLLC ! 33, Broad Street, 11"" Floor Boston, MA 02109 Counsel for Plaintiff | Davi , BBO #567274 Kelly A.!Gabos, BBO #666219 McCarter & English, LLP 265 Franklin Street Boston, MA 02110 Counsel for Defendant 2 ME! 22427768v.1 | aAFF 1. My name is ; . Llive x | 2. I am aware that a clasenlitey Order has been entered in { 3. I acknowledge that documents andj a copy thereof has been given to me. such Confidentiality Order are being disclos: subject to the jurisdiction of this Court and to subject to all penalties prescribed therein, incl Order. I promise that the documents and ip Confidentiality Order entered in this case wil counsel for the parties in preparing for litiga that any use of such Confidential Material} Confidentiality Order will subject me to the sanctions 4. I promise that I will not disclose or any person other than the parties and counsel 201__ DATED: : EX! ME] 22427768v.1 > peding in the ed Nf HIBIT and i i 1 formation designated as confidential pursuant to to me only upon the condition that I agree to be that Order. T hereby agree to abide by such Order, uding contempt of Court, for disobedience of said formation given confidential treatment under the be used by me only in connection with assisting ion of| the above-captioned matters. I understand in any;manner contrary to the provisions of the of this Court for contempt. discuss such Confidential Materials or information or the parties or members of their staff. 11CERTIFICATE OF SERVICE Thereby certify that on this day I caused a true copy of the foregoing Agreed Upon Protective Order to be served upon David A. pat Es¢. and Brian J. Manikowski, Esq. of Godbout Law PLLC, 33 Broad Street, 11" Floor, Bos on, MA 02109 by first-class mail, postage prepaid. Date: |May 12, 2016 12 MEL 22427768v.1