Preview
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9/16/2020 4:04 PM
Marilyn Burgess - District Clerk Harris County
Envelope No. 46302314
By: Lewis John-Miller
Filed: 9/16/2020 4:04 PM
CAUSE NO. 2020-31023
ROBERT L. MOODY, JR. IN THE DISTRICT COURT OF
CLERK dis7, KINAR
ICT
TLE)
COURT
OCT.
v HARRISVESTCOON AN
Coun
Poa xAs
ry, 7,
by
GREER, HERZ, & ADAMS, LLP,
IRWIN “BUDDY” HERZ, JR. and
ROSS RANKIN MOODY 55" JUDICIAL DISTRICT
Defendant Herz’s Unopposed Motion for Entry of
Agreed Confidentiality and Protective Order
Defendant Irwin Herz, Jr., individually and as Trustee of the Thee R Trusts, files this
Unopposed Motion for Entry of Agreed Confidentiality and Protective Order and respectfully
moves the Court for entry of the Agreed Confidentiality and Protective Order,' which has been
approved as to form and substance by all parties and is attached as Exhibit A.
Respectfully submitted,
GIBBS & BRUNS, L.L.P.
By:_’s: Robin C. Gibbs
Robin C. Gibbs
reibbs@zibbsbruns.com
State Bar No. 07853000
Samuel W. Cruse, III
8 cruse@gibbsbruns com
State Bar No. 24036423
Ross M. MacDonald
rmacdonald@sibbabruns.com
State Bar No. 24087956
Angus J. Dodson
jdo 2(Ne Bi
Yi
20-CV— 1564
State Bar No. 24034418 DCMOE
Motion for Entry
1100 Louisiana, Suite 5300
ll IMA
2102989
Houston, Texas 77002
Telephone: (713) 650-8805
Facsimile: (713) 750-0903
' Defendant Herz files the instant Motion and asks for entry of the enclosed Order subject to and without waiver of
his pending Rule 91a Motion to Dismiss (filed 7/27/2020) or his pending Motion to Transfer Venue (filed 7/13/2020).
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Attorneys for Irwin Herz, Jr., Individually
and as Trustee of the Three R Trusts
CERTIFICATE OF SERVICE
I hereby certify that on September 16, 2020, a true and correct copy of the
foregoing instrument was forwarded to all known counsel of record.
‘s* Ross MacDonald
Ross MacDonald
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I, Marilyn Burgess, District Clerk of Harris
County, Texas certify that this is a true and
correct copy of the original record filed and or
recorded in my office, electronically or hard
copy, as it appears on this date.
Witness my official hand and seal of office
this October 19. 2020
Certified Document Number: 92196137
pra Bore
Marilyn Burgess, DISTRICT CLERK
HARRIS COUNTY, TEXAS
In accordance with Texas Government Code 406.013 electronically transmitted authenticated
documents are valid. If there is a question regarding the validity of this document and or seal
please e-mail support@hcdistrictclerk.com
u
EXHIBIT A
we
CAUSE NO. 2020-31023
ROBERT L. MOODY, JR. IN THE DISTRICT COURT OF
Vv HARRIS COUNTY, TEXAS
GREER, HERZ, & ADAMS, LLP,
IRWIN “BUDDY” HERZ, JR. and
ROSS RANKIN MOODY 55th JUDICIAL DISTRICT
AGREED
CONFIDENTIALITY
AND PROTECTIVE ORDER
IT IS HEREBY AGREED AND ORDERED that the procedures set forth below shall
gover the production, exchange, and treatment of all documents, testimony, interrogatory
responses, depositions and deposition exhibits, responses to requests to admit and other written,
recorded or graphic matter and/or other information produced, given, exchanged by or obtained
from any Party in response to discovery requests or subpoenas in the above-captioned action
(the “Litigation’) (collectively, the “Discovery Material”).
1 Restricted Use. All Discovery Material shall be used solely for the prosecution
and defense of the Litigation and any appeals therefrom.
2 Confidential Discovery Material. If counsel for any Party (a “Designating
Party”) subject to discovery in the Litigation determines in good faith that Discovery Material
produced, given, exchanged or obtained in response to discovery requests or subpoenas in the
Litigation contains or discloses proprietary or non-public information of a personally private or
commercially or financially sensitive nature, such Designating Party may designate specifically
identified Discovery Material as “Confidential” (such material is hereinafter referred to as
“Confidential Discovery Material”). If the Designating Party is not the producing person, the
Designating Party shall notify the producer of the relevant Discovery Materials and all of the
Parties in writing of such designation within a reasonable amount of time after the Designating
Party becomes aware of the existence of the Confidential Discovery Material. All materials
designated “Confidential” shall be handled in strict accordance with the terms of this
Confidentiality Protective Order (this “Order”).
3 Designating Materials. Copies or originals of Confidential Discovery Material
which are produced, given or exchanged in the Litigation should be designated as such by the
producing person by marking or stamping them “Confidential.” With respect to multi-page
documents, the designation should be made by marking each page containing “Confidential”
information.
4 Redactions. If counsel for any producing Party determines in good faith that
Discovery Material contains or discloses bank account numbers, investment account numbers,
social security numbers, credit card numbers, birth dates, personal addresses, or information of
a similar nature, such producing Party may, but is not required, as an acceptable alternative to
designating the material “Confidential Discovery Material” redact any such information prior to
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production, to the extent such information is not relevant to (i) the issues in this case or (ii) the
location of potential witnesses. Any Party may, at any time after production of redacted material
under this Order, object to the redaction by notifying the producing Party in writing of the
objection. If the objection is not resolved, the Designating Party may move for an appropriate
ruling from the Court. The material shall be treated as redacted until the expiration of twenty
days if no motion is made by the party requesting a redacted status (at which time the material
shall no longer be redacted), or, if a motion is made, until the Court rules. A party shall not be
obligated to challenge the redacted status at the time of designation, and failure to do so shall not
preclude a subsequent challenge to the designation.
5 Subsequent Designations. If any producing Party identifies any Confidential
Discovery Material that it produced without the appropriate designation, or a Designating Party
identifies any Discovery Material that should be designated Confidential Discovery Material, the
producing person, or, where applicable the Designating Party, shall furnish a substitute copy
properly designated along with written notice to all Parties and persons that such information is
deemed “Confidential Discovery Material.” No penalty shall be imposed upon a receiving Party
who has disclosed Discovery Material that is subsequently designated by the producing Party or
a Designating Party as “Confidential Discovery Material,” provided such receiving Party uses
good faith efforts to recover such Discovery Material from person to whom disclosure was made
to the extent post-designation disclosure to such persons would not be permitted.
6 Objections to Designations. Any party may object to the designation of any
material as “Confidential Discovery Material” by written notice of its objection to counsel for
the Designating Party or non-party. In the event a claim is challenged, the Designating Party may
move for an appropriate ruling from the Court. The material shall be treated as “Confidential
Discovery Material” until the expiration of twenty days if no motion is made by the party
requesting a “Confidential Discovery Material” designation (at which time the material shall no
longer be treated as “Confidential Discovery Material”), or, if a motion is made, until the Court
tules. A party shall not be obligated to challenge the propriety of the designation of documents
as “Confidential Discovery Material” at the time of designation, and failure to do so shall not
preclude a subsequent challenge to the designation.
7 Disclosure of Confidential Discovery Material. Confidential Discovery
Material shall not be disclosed directly or indirectly by the person receiving such materials to
persons other than:
a the Court, persons employed by the Court, the jury or stenographers transcribing
on
the testimony or argument at a hearing, trial or deposition in the Litigation or any
appeal therefrom;
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outside counsel of record in the Litigation, including all regular and temporary
employees of such counsel or the law firm of which counsel is a member,
any Party, or officer, director, agent, representative, or employee of any Party,
including in-house counsel and full and part-time employed legal staff, consultant
or contractor working together with or under the supervision of in- house counsel
or other legal staff (including, but not limited to, interpreters, translators, copy
services, database/coding services), who needs to know such material in order for
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the Party to prosecute or defend the Litigation and/or who may appear as a witness
in the Litigation;
witnesses, if any, deposed in the Litigation or who appear at any hearing or trial
in the Litigation, but only to the extent disclosure occurs in preparation for and/or
during such deposition, hearing or trial;
any mediator of this case and their direct staff, provided that such people execute
an undertaking in the form attached hereto as Exhibit A agreeing to be bound by
this Order and consenting to the jurisdiction of this Court;
other persons who counsel of record believes are potential witnesses or sources
of information that may be evidence in the Litigation and to whom counsel of
record believes such material needs to be shown to prosecute or defend the
Litigation, provided that each such person executed an agreement in the form
attached hereto as Exhibit A agreeing to be bound by this Order and consenting
to the jurisdiction of this Court or, in the event the person refuses to execute the
agreement, the Party seeking to make the disclosure obtains an order from a
court with jurisdiction over the person requiring the person to abide by the terms
of this Order; and
experts or consultants retained to assist counsel in the Litigation (including
assisting the Parties’ in-house), but only to the extent disclosure occurs in the
course of the formulation of the expert’s or consultant’s opinion or report,
preparation of advice and/or preparation for and/or during such deposition,
hearing or trial, and provided that such person executed an undertaking in the
form attached hereto as Exhibit A agreeing to be bound by this Order and
consenting to the jurisdiction of this Court.
Absent written agreement between the person seeking to disclose any Confidential
Discovery Material and the Designating Party, any person wishing to disclose any “Confidential
Discovery Material” to any person(s) not set forth in this Paragraph must, after meeting and
conferring, make a written application on notice to the Court for resolution and the Court must
allow the disclosure before such disclosure may be made.
8 A Designating or Producing Party’s Use of its Own Documents. Nothing in
this Order shall be construed in any way to limit the Parties’ use of their own documents and
testimony. Nothing herein (i) shall prevent a Party from disclosing its own documents and
testimony; or (ii) shall impose any restrictions on the use or disclosure by a receiving Party of
documents, materials, or information designated as Confidential Information if such documents,
materials, or information was both lawfully obtained by and lawfully retained in the possession
of such receiving Party independent of the discovery proceedings in the Litigation.
9 Legal Advice. Nothing in this Order shall bar or otherwise restrict counsel from
rendering advice to his or her client with respect to this Action and, in the course thereof, from
relying in a general way upon his or her examination of discovery materials designated as
Confidential Discovery Material provided, however, that in rendering such advice and in
otherwise communicating with his or her clients, such counsel shall not disclose the contents of
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any Confidential Discovery Material to any person not authorized under the Order to receive
such materials.
10. Legal Process. In the event that any of the undersigned counsel or their clients
are served with or otherwise subjected to legal process (including a subpoena or discovery notice)
requiring any of them to testify about, to produce, or otherwise to divulge another person’s
Confidential Discovery Material to the extent permitted by law the counsel or client subject to
such process will, within at least five (5) days prior to the time to object (or as soon as practicable
if there are less than five days remaining to object), inform the producing Party’s (and
Designating Party’s, as applicable) counsel and provide a copy of such subpoena or process.
11. Public Disclosure. If any Confidential Discovery Material is publicly disclosed
in a manner that does not violate this Order, it shall not be considered Confidential Discovery
Material after its disclosure.
12. Privileged Information. Nothing in this Order shall require disclosure of
information protected by the attorney-client privilege, allied litigant privilege, or any other
privilege, and the inadvertent production of such information shall not operate as a waiver or
forfeiture of any claim of privilege or work-product protection that the producing party would
otherwise be entitled to assert.
13. Admissibility. Nothing herein shall be construed to affect in any way the
admissibility of any document, testimony or other evidence.
14. Filing Designated Materials with the Court. In the event that before, during or
after trial in the Litigation, or in connection with any hearing in the Litigation or any matter
relating to the Litigation, counsel for any Party determines to file or submit in writing to the
Court any Confidential Discovery Material, or any papers containing or making reference to the
substance of such material or information, the parties agree that a Filing Party may file any
Confidential discovery Material under seal pursuant to a motion for temporary sealing order
under Tex. R. Civ. P. 76a, without objection from another Party. After the filing of the temporary
sealing order, the Designating Party, not the Filing Party, shall have the responsibility to seek
permanent sealing of such filed Confidential Discovery Material should it so choose.
Alternatively, and without need to seek approval from the Designating Party, the Filing Party
may file such materials with the Court in redacted form and provide an unredacted copy to the
Court and opposing counsel for in camera inspection. Redactions of such materials must be
made in good faith by the Filing Party.
15. Use in Open Court Proceedings and Depositions. Counsel shall meet-and-
confer on such procedures as are necessary to protect the confidentiality of information used in
the course of any court proceedings. If the Parties are unable to agree upon such procedures, the
Designating Party shall request a ruling from the Court. In the event that a Designating Party
discloses its own Confidential Discovery Material (i) in an open court proceeding, (ii) in or
among materials filed with the Court not-under-seal in the Litigation, or any appeal therefrom,
or (iii) in a deposition, those materials shall lose their status as Confidential Discovery Material.
16. Designating Depositions. A Party may designate information disclosed at
depositions as “Confidential” by notifying counsel for all the Parties, in writing, within thirty
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On
(30) days of receipt of the official transcript of such deposition, of the specific pages and lines of
the transcript which contain “Confidential” information. All depositions, taken after the Court
signs this Protective Order, shall be treated in their entirety as Confidential information for a
period of thirty (30) days after receipt by counsel to the witness of the transcript. Nothing in this
Paragraph precludes the deponent from reviewing the transcript at any time.
17. Survival. Neither the termination of the Litigation nor the termination of
employment of any person who has had access to any Confidential Discovery Material shall
relieve such person from the obligation of maintaining the confidentiality of such information.
18. Not Applicable to Trial. This Order shall not apply to the disclosure of
Confidential Discovery Material identified herein at the time of trial, through the receipt of
Confidential Discovery Material into evidence or through the testimony of witnesses. The
disclosure of trial proceedings and sealing of the record of a trial involve considerations not
presently before this Court. These issues may be taken up as a separate matter upon the motion
of any party in compliance with Texas Rule of Civil Procedure 76a.
19. Return or Destruction of Designated Material. Within sixty (60) days after the
entry of a final order fully resolving the Litigation and any appeals thereof, counsel shall at the
request of the Designating Party return all of that Designating Party’s Confidential Discovery
Material and copies to counsel for the producing Party, or in lieu thereof, certify in writing that
such Confidential Discovery Material has been destroyed. Counsel for the Parties are entitled to
retain court papers, deposition and trial transcripts, exhibits of motions, depositions, and trial,
and attorney work product, but those counsel, and employees of those counsel, may not disclose
Confidential Discovery Material to any person except pursuant to a court order or an agreement
with the producing Party.
20. Materials Produced by Non-Parties and Later-Joined Parties. Any non- party
that responds to discovery subpoenas may elect in writing to treat the materials it produces as
“Confidential” in accordance with the terms of this Order. Any non-party materials so
designated shall be governed by this Order. Any later- joined Party whose answer is due after the
date of this Order shall be bound by the terms of this Order if such later-joined Party (i) receives
written notice of this Order from any Party and (ii) files no objection to the terms of this Order
within seven business days after receipt of such written notice.
21. Jurisdiction. This Court retains jurisdiction over the parties and recipients of the
Confidential Discovery Material for purposes of the provisions of this Order following termination
of this litigation. Any person receiving Confidential Discovery Material, under the terms of this
Order hereby agrees to subject himself or herself to the jurisdiction of this Court for purposes of
any proceedings relating to the performance under, compliance with, or violation of this Order.
22. Amendment of Order. Nothing herein shall preclude any Party from seeking to
amend this Order for good cause shown.
te
Date: September 2020
Hon. LATOSHA LEWIS PAYNE
Agreed to as to Substance and Form
GIBBS & BRUNS, L.L.P. VINSON & ELKINS LLP
By:_/s/ RobinC. Gibbs By: /s’ Harry M. Reasoner (w/permission)
Robin C. Gibbs Harry M. Reasoner
raibbs@igibbsbruns con Texas State Bar No. 16642000
State Bar No. 07853000 Stacey Neumann Vu
Samuel W. Cruse, III Texas State Bar No. 24047047
scruse@gibbsbruns.com Page Robinson
State Bar No. 24036423 Texas State Bar No. 24093053
Ross M. MacDonald Shelby Hart-Armstrong
tor
tf Texas State Bar No. 24116490
State Bar No. 24087956 hreasoner@velaw.com
Angus J. Dodson sv we viiglaw com
ids n@egidt bre O BE FO
State Bar No. 24034418 shart-armstron elaw.conl
1100 Louisiana, Suite 5300 1001 Fannin Street, Suite 2500
Houston, Texas 77002 Houston, Texas 77002
Telephone: (713) 650-8805 Telephone: (713) 758-2358
Facsimile: (713) 750-0903 Facsimile: (713) 615-5173
Attorneys for Irwin Herz, Jr., Individually Attorneys for Defendant Ross Rankin
and as Trustee of the Three R Trusts Moody
THE BUZBEE LAW FIRM BECK REDDEN LLP
By:/s/ Anthony G. Buzbee (w/permission) By: »s’ David J. Beck (w/permission)
Anthony G. Buzbee David J. Beck
State Bar No. 24001820 Texas State Bar No. 00000070
thuzbeei@txatiorneys. com B.D. Daniel
David L. Bergen Texas Bar No. 05362200
State Bar No. 24097371 Allison Standish Miller
dberen@ixattorneva com Texas Bar No. 24046440
Brittany C. Ifejika Hannah Roblyer
State Bar No. 24111011 Texas Bar No. 24106356
bifejikacditxaitorney (S.COM dbeck@beckredden com
J.P. Morgan Chase Tower bdari eckredd 2EY
a
600 Travis, Suite 7300 amillen “ eddden.com
Houston, Texas 77002 hrobly. cont
Telephone: (713) 223-5393 1221 McKinney, Suite 4500
Facsimile: (713) 223-5909 Houston, Texas 77010
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ww tNattiommeys.com Telephone: (713) 951-3700
Facsimile: (713) 951-3720
Attorneys for Plaintiff Attorneys for Defendant Greer, Herz &
Adams, L.L.P.
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EXUIBITA
1.1, , hereby declare, under penalty of perjury, that:
2. I have received a copy of the Confidentiality and Protective Order (“Order”) in the
above-captioned action, and J have carefully read and understand the terms of the Order. I will
comply in all respects with all terms and conditions of the Order.
3. L understand that I am bound by the terms of the Order and, if I violate the terms of the
Order, I may be subject to sanctions or other punishment by the Court.
4. I understand that the Confidential Discovery Material, as defined by the Order, are
confidential and must be held in the strictest confidence, and may only be used in the manner
permitted by the Order.
5. I will maintain all Confidential Discovery Material that I may receive in a secure and
safe area.
6. I hereby consent to the jurisdiction of this Court for appropriate proceedings in the
event of any violation or alleged violation of the Order.
By my signature, I certify under penalty of perjury that the representations set forth above
are true and correct.
Date:
Printed Name
Signature
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I, Marilyn Burgess, District Clerk of Harris
County, Texas certify that this is a true and
correct copy of the original record filed and or
recorded in my office, electronically or hard
copy, as it appears on this date.
Witmess my official hand and seal of office
this October 19, 2020
Certified Document Number: 92196138
ar Cure
Marilyn Burgess, DISTRICT CLERK
HARRIS COUNTY, TEXAS
In accordance with Texas Government Code 406.013 electronically transmitted authenticated
documents are valid. If there is a question regarding the validity of this document and or seal
please e-mail support@hcdistrictclerk.com
9/16/2020 4:04:00 PM
Marilyn Burgess - District Clerk
Harris County
Envelope No: 46302314
By: JOHN-MILLER, LEWIS
Filed: 9/16/2020 4:04:00 PM
2020-31023 Pgs-9
CONFX
EXHIBIT A
eS
CAUSE NO. 2020-31023
ROBERT L. MOODY, JR. IN THE DISTRICT COURT OF
Vv HARRIS COUNTY, TEXAS
GREER, HERZ, & ADAMS, LLP,
IRWIN “BUDDY” HERZ, JR. and
ROSS RANKIN MOODY 55th JUDICIAL DISTRICT
AGREED
CONFIDENTIALITY
AND PROTECTIVE ORDER
IT IS HEREBY AGREED AND ORDERED that the procedures set forth below shall
govern the production, exchange, and treatment of all documents, testimony, interrogatory
responses, depositions and deposition exhibits, responses to requests to admit and other written,
recorded or graphic matter and/or other information produced, given, exchanged by or obtained
from any Party in response to discovery requests or subpoenas in the above-captioned action
(the “Litigation”’) (collectively, the “Discovery Material”).
l Restricted Use. All Discovery Material shall be used solely for the prosecution
and defense of the Litigation and any appeals therefrom.
2 Confidential Discovery Material. If counsel for any Party (a “Designating
Party”) subject to discovery in the Litigation determines in good faith that Discovery Material
produced, given, exchanged or obtained in response to discovery requests or subpoenas in the
Litigation contains or discloses proprietary or non-public information of a personally private or
commercially or financially sensitive nature, such Designating Party may designate specifically
identified Discovery Material as “Confidential” (such material is hereinafter referred to as
“Confidential Discovery Material”). If the Designating Party is not the producing person, the
Designating Party shall notify the producer of the relevant Discovery Materials and all of the
Parties in writing of such designation within a reasonable amount of time after the Designating
Party becomes aware of the existence of the Contidential Discovery Material. All materials
designated “Confidential” shall be handled in strict accordance with the terms of this
Confidentiality Protective Order (this “Order”).
4
J Designating Materials. Copies or originals of Confidential Discovery Material
which are produced, given or exchanged in the Litigation should be designated as such by the
producing person by marking or stamping them “Confidential.” With respect to multi-page
documents, the designation should be made by marking each page containing “Confidential”
information.
4 Redactions. If counsel for any producing Party determines in good faith that
Discovery Material contains or discloses bank account numbers, investment account numbers,
social security numbers, credit card numbers, birth dates, personal addresses, or information of
a similar nature, such producing Party may, but is not required, as an acceptable alternative to
designating the material “Confidential Discovery Material” redact any such information prior to
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production, to the extent such information is not relevant to (i) the issues in this case or (ii) the
location of potential witnesses. Any Party may, at any time after production of redacted material
under this Order, object to the redaction by notifying the producing Party in writing of the
objection. If the objection is not resolved, the Designating Party may move for an appropriate
ruling from the Court. The material shall be treated as redacted until the expiration of twenty
days if no motion is made by the party requesting a redacted status (at which time the material
shall no longer be redacted), or, if a motion is made, until the Court rules. A party shall not be
obligated to challenge the redacted status at the time of designation, and failure to do so shall not
preclude a subsequent challenge to the designation.
5 Subsequent Designations. If any producing Party identifies any Confidential
Discovery Material that it produced without the appropriate designation, or a Designating Party
identifies any Discovery Material that should be designated Confidential Discovery Material, the
producing person, or, where applicable the Designating Party, shall furnish a substitute copy
properly designated along with written notice to all Parties and persons that such information is
deemed “Confidential Discovery Material.” No penalty shall be imposed upon a receiving Party
who has disclosed Discovery Material that is subsequently designated by the producing Party or
a Designating Party as “Confidential Discovery Material,” provided such receiving Party uses
good faith efforts to recover such Discovery Material from person to whom disclosure was made
to the extent post-designation disclosure to such persons would not be permitted.
6 Objections to Designations. Any party may object to the designation of any
material as “Confidential Discovery Material” by written notice of its objection to counsel for
the Designating Party or non-party. In the event a claim is challenged, the Designating Party may
move for an appropriate ruling from the Court. The material shall be treated as “Confidential
Discovery Material” until the expiration of twenty days if no motion is made by the party
requesting a “Confidential Discovery Material” designation (at which time the material shall no
longer be treated as “Confidential Discovery Material”), or, if a motion is made, until the Court
tules. A party shall not be obligated to challenge the propriety of the designation of documents
as “Confidential Discovery Material” at the time of designation, and failure to do so shall not
preclude a subsequent challenge to the designation.
7 Disclosure of Confidential Discovery Material. Confidential Discovery
Material shall not be disclosed directly or indirectly by the person receiving such materials to
persons other than:
the Court, persons employed by the Court, the jury or stenographers transcribing
the testimony or argument at a hearing, trial or deposition in the Litigation or any
appeal therefrom;
outside counsel of record in the Litigation, including all regular and temporary
employees of such counsel or the law firm of which counsel is a member,
any Party, or officer, director, agent, representative, or employee of any Party,
including in-house counsel and full and part-time employed legal staff, consultant
or contractor working together with or under the supervision of in- house counsel
or other legal staff (including, but not limited to, interpreters, translators, copy
services, database/coding services), who needs to know such material in order for
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the Party to prosecute or defend the Litigation and/or who may appear as a witness
in the Litigation;
witnesses, if any, deposed in the Litigation or who appear at any hearing or trial
in the Litigation, but only to the extent disclosure occurs in preparation for and/or
during such deposition, hearing or trial;
any mediator of this case and their direct staff, provided that such people execute
an undertaking in the form attached hereto as Exhibit A agreeing to be bound by
this Order and consenting to the jurisdiction of this Court;
other persons who counsel of record believes are potential witnesses or sources
of information that may be evidence in the Litigation and to whom counsel of
record believes such material needs to be shown to prosecute or defend the
Litigation, provided that each such person executed an agreement in the form
attached hereto as Exhibit A agreeing to be bound by this Order and consenting
to the jurisdiction of this Court or, in the event the person refuses to execute the
agreement, the Party seeking to make the disclosure obtains an order from a
court with jurisdiction over the person requiring the person to abide by the terms
of this Order; and
experts or consultants retained to assist counsel in the Litigation (including
assisting the Parties’ in-house), but only to the extent disclosure occurs in the
course of the formulation of the expert’s or consultant’s opinion or report,
preparation of advice and/or preparation for and/or during such deposition,
hearing or trial, and provided that such person executed an undertaking in the
form attached hereto as Exhibit A agreeing to be bound by this Order and
consenting to the jurisdiction of this Court.
Absent written agreement between the person seeking to disclose any Confidential
Discovery Material and the Designating Party, any person wishing to disclose any “Confidential
Discovery Material” to any person(s) not set forth in this Paragraph must, after meeting and
conferring, make a written application on notice to the Court for resolution and the Court must
allow the disclosure before such disclosure may be made.
8 A Designating or Producing Party’s Use of its Own Documents. Nothing in
this Order shall be construed in any way to limit the Parties’ use of their own documents and
testimony. Nothing herein (i) shall prevent a Party from disclosing its own documents and
testimony; or (ii) shall impose any restrictions on the use or disclosure by a receiving Party of
documents, materials, or information designated as Confidential Information if such documents,
materials, or information was both lawfully obtained by and lawfully retained in the possession
of such receiving Party independent of the discovery proceedings in the Litigation.
9 Legal Advice. Nothing in this Order shall bar or otherwise restrict counsel from
rendering advice to his or her client with respect to this Action and, in the course thereof, from
relying in a general way upon his or her examination of discovery materials designated as
Confidential Discovery Material provided, however, that in rendering such advice and in
otherwise communicating with his or her clients, such counsel shall not disclose the contents of
a
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any Confidential Discovery Material to any person not authorized under the Order to receive
such materials.
10. Legal Process. In the event that any of the undersigned counsel or their clients
are served with or otherwise subjected to legal process (including a subpoena or discovery notice)
requiring any of them to testify about, to produce, or otherwise to divulge another person’s
Confidential Discovery Material to the extent permitted by law the counsel or client subject to
such process will, within at least five (5) days prior to the time to object (or as soon as practicable
if there are less than five days remaining to object), inform the producing Party’s (and
Designating Party’s, as applicable) counsel and provide a copy of such subpoena or process.
11. Public Disclosure. If any Confidential Discovery Material is publicly disclosed
in a manner that does not violate this Order, it shall not be considered Confidential Discovery
Material after its disclosure.
12. Privileged Information. Nothing in this Order shall require disclosure of
information protected by the attorney-client privilege, allied litigant privilege, or any other
privilege, and the inadvertent production of such information shall not operate as a waiver or
forfeiture of any claim of privilege or work-product protection that the producing party would
otherwise be entitled to assert.
13. Admissibility. Nothing herein shall be construed to affect in any way the
admissibility of any document, testimony or other evidence.
14. Filing Designated Materials with the Court. In the event that before, during or
after trial in the Litigation, or in connection with any hearing in the Litigation or any matter
relating to the Litigation, counsel for any Party determines to file or submit in writing to the
Court any Confidential Discovery Material, or any papers containing or making reference to the
substance of such material or information, the parties agree that a Filing Party may file any
Confidential discovery Material under seal pursuant to a motion for temporary sealing order
under Tex. R. Civ. P. 76a, without objection from another Party. After the filing of the temporary
sealing order, the Designating Party, not the Filing Party, shall have the responsibility to seek
permanent sealing of such filed Confidential Discovery Material should it so choose.
Alternatively, and without need to seek approval from the Designating Party, the Filing Party
may file such materials with the Court in redacted form and provide an unredacted copy to the
Court and opposing counsel for i camera inspection. Redactions of such materials must be
made in good faith by the Filing Party.
15. Use in Open Court Proceedings and Depositions. Counsel shall meet-and-
confer on such procedures as are necessary to protect the confidentiality of information used in
the course of any court proceedings. If the Parties are unable to agree upon such procedures, the
Designating Party shall request a ruling from the Court. In the event that a Designating Party
discloses its own Confidential Discovery Material (i) in an open court proceeding, (ii) in or
among materials filed with the Court not-under-seal in the Litigation, or any appeal therefrom,
or (iii) in a deposition, those materials shall lose their status as Confidential Discovery Material.
16. Designating Depositions. A Party may designate information disclosed at
depositions as “Confidential” by notifying counsel for all the Parties, in writing, within thirty
4
eS
(30) days of receipt of the official transcript of such deposition, of the specific pages and lines of
the transcript which contain “Confidential” information. All depositions, taken after the Court
signs this Protective Order, shall be treated in their entirety as Confidential information for a
period of thirty (30) days after receipt by counsel to the witness of the transcript. Nothing in this
Paragraph precludes the deponent from reviewing the transcript at any time.
17. Survival. Neither the termination of the Litigation nor the termination of
employment of any person who has had access to any Confidential Discovery Material shall
relieve such person from the obligation of maintaining the confidentiality of such information.
18. Not Applicable to Trial. This Order shall not apply to the disclosure of
Confidential Discovery Material identified herein at the time of trial, through the receipt of
Confidential Discovery Material into evidence or through the testimony of witnesses. The
disclosure of trial proceedings and sealing of the record of a trial involve considerations not
presently before this Court. These issues may be taken up as a separate matter upon the motion
of any party in compliance with Texas Rule of Civil Procedure 76a.
19. Return or Destruction of Designated Material. Within sixty (60) days after the
entry of a final order fully resolving the Litigation and any appeals thereof, counsel shall at the
request of the Designating Party return all of that Designating Party’s Confidential Discovery
Material and copies to counsel for the producing Party, or in lieu thereof, certify in writing that
such Confidential Discovery Material has been destroyed. Counsel for the Parties are entitled to
retain court papers, deposition and trial transcripts, exhibits of motions, depositions, and trial,
and attorney work product, but those counsel, and employees of those counsel, may not disclose
Confidential Discovery Material to any person except pursuant to a court order or an agreement
with the producing Party.
20. Materials Produced by Non-Parties and Later-Joined Parties. Any non- party
that responds to discovery subpoenas may elect in writing to treat the materials it produces as
“Confidential” in accordance with the terms of this Order. Any non-party materials so
designated shall be governed by this O
Preview
cs 9/16/2020 4:04 PM Marilyn Burgess - District Clerk Harris County Envelope No. 46302314 By: Lewis John-Miller Filed: 9/16/2020 4:04 PM CAUSE NO. 2020-31023 ROBERT L. MOODY, JR. IN THE DISTRICT COURT OF CLERK dis7, KINAR ICT TLE) COURT OCT. v HARRISVESTCOON AN Coun Poa xAs ry, 7, by GREER, HERZ, & ADAMS, LLP, IRWIN “BUDDY” HERZ, JR. and ROSS RANKIN MOODY 55" JUDICIAL DISTRICT Defendant Herz’s Unopposed Motion for Entry of Agreed Confidentiality and Protective Order Defendant Irwin Herz, Jr., individually and as Trustee of the Thee R Trusts, files this Unopposed Motion for Entry of Agreed Confidentiality and Protective Order and respectfully moves the Court for entry of the Agreed Confidentiality and Protective Order,' which has been approved as to form and substance by all parties and is attached as Exhibit A. Respectfully submitted, GIBBS & BRUNS, L.L.P. By:_’s: Robin C. Gibbs Robin C. Gibbs reibbs@zibbsbruns.com State Bar No. 07853000 Samuel W. Cruse, III 8 cruse@gibbsbruns com State Bar No. 24036423 Ross M. MacDonald rmacdonald@sibbabruns.com State Bar No. 24087956 Angus J. Dodson jdo 2(Ne Bi Yi 20-CV— 1564 State Bar No. 24034418 DCMOE Motion for Entry 1100 Louisiana, Suite 5300 ll IMA 2102989 Houston, Texas 77002 Telephone: (713) 650-8805 Facsimile: (713) 750-0903 ' Defendant Herz files the instant Motion and asks for entry of the enclosed Order subject to and without waiver of his pending Rule 91a Motion to Dismiss (filed 7/27/2020) or his pending Motion to Transfer Venue (filed 7/13/2020). 1 e Attorneys for Irwin Herz, Jr., Individually and as Trustee of the Three R Trusts CERTIFICATE OF SERVICE I hereby certify that on September 16, 2020, a true and correct copy of the foregoing instrument was forwarded to all known counsel of record. ‘s* Ross MacDonald Ross MacDonald te Bn aetee en mney, oof HAR, eeeree “9 & fay i9Oo: 4: + oy mg eS 2°. St “ ye %g Shee wv ss ay I, Marilyn Burgess, District Clerk of Harris County, Texas certify that this is a true and correct copy of the original record filed and or recorded in my office, electronically or hard copy, as it appears on this date. Witness my official hand and seal of office this October 19. 2020 Certified Document Number: 92196137 pra Bore Marilyn Burgess, DISTRICT CLERK HARRIS COUNTY, TEXAS In accordance with Texas Government Code 406.013 electronically transmitted authenticated documents are valid. If there is a question regarding the validity of this document and or seal please e-mail support@hcdistrictclerk.com u EXHIBIT A we CAUSE NO. 2020-31023 ROBERT L. MOODY, JR. IN THE DISTRICT COURT OF Vv HARRIS COUNTY, TEXAS GREER, HERZ, & ADAMS, LLP, IRWIN “BUDDY” HERZ, JR. and ROSS RANKIN MOODY 55th JUDICIAL DISTRICT AGREED CONFIDENTIALITY AND PROTECTIVE ORDER IT IS HEREBY AGREED AND ORDERED that the procedures set forth below shall gover the production, exchange, and treatment of all documents, testimony, interrogatory responses, depositions and deposition exhibits, responses to requests to admit and other written, recorded or graphic matter and/or other information produced, given, exchanged by or obtained from any Party in response to discovery requests or subpoenas in the above-captioned action (the “Litigation’) (collectively, the “Discovery Material”). 1 Restricted Use. All Discovery Material shall be used solely for the prosecution and defense of the Litigation and any appeals therefrom. 2 Confidential Discovery Material. If counsel for any Party (a “Designating Party”) subject to discovery in the Litigation determines in good faith that Discovery Material produced, given, exchanged or obtained in response to discovery requests or subpoenas in the Litigation contains or discloses proprietary or non-public information of a personally private or commercially or financially sensitive nature, such Designating Party may designate specifically identified Discovery Material as “Confidential” (such material is hereinafter referred to as “Confidential Discovery Material”). If the Designating Party is not the producing person, the Designating Party shall notify the producer of the relevant Discovery Materials and all of the Parties in writing of such designation within a reasonable amount of time after the Designating Party becomes aware of the existence of the Confidential Discovery Material. All materials designated “Confidential” shall be handled in strict accordance with the terms of this Confidentiality Protective Order (this “Order”). 3 Designating Materials. Copies or originals of Confidential Discovery Material which are produced, given or exchanged in the Litigation should be designated as such by the producing person by marking or stamping them “Confidential.” With respect to multi-page documents, the designation should be made by marking each page containing “Confidential” information. 4 Redactions. If counsel for any producing Party determines in good faith that Discovery Material contains or discloses bank account numbers, investment account numbers, social security numbers, credit card numbers, birth dates, personal addresses, or information of a similar nature, such producing Party may, but is not required, as an acceptable alternative to designating the material “Confidential Discovery Material” redact any such information prior to 1 te production, to the extent such information is not relevant to (i) the issues in this case or (ii) the location of potential witnesses. Any Party may, at any time after production of redacted material under this Order, object to the redaction by notifying the producing Party in writing of the objection. If the objection is not resolved, the Designating Party may move for an appropriate ruling from the Court. The material shall be treated as redacted until the expiration of twenty days if no motion is made by the party requesting a redacted status (at which time the material shall no longer be redacted), or, if a motion is made, until the Court rules. A party shall not be obligated to challenge the redacted status at the time of designation, and failure to do so shall not preclude a subsequent challenge to the designation. 5 Subsequent Designations. If any producing Party identifies any Confidential Discovery Material that it produced without the appropriate designation, or a Designating Party identifies any Discovery Material that should be designated Confidential Discovery Material, the producing person, or, where applicable the Designating Party, shall furnish a substitute copy properly designated along with written notice to all Parties and persons that such information is deemed “Confidential Discovery Material.” No penalty shall be imposed upon a receiving Party who has disclosed Discovery Material that is subsequently designated by the producing Party or a Designating Party as “Confidential Discovery Material,” provided such receiving Party uses good faith efforts to recover such Discovery Material from person to whom disclosure was made to the extent post-designation disclosure to such persons would not be permitted. 6 Objections to Designations. Any party may object to the designation of any material as “Confidential Discovery Material” by written notice of its objection to counsel for the Designating Party or non-party. In the event a claim is challenged, the Designating Party may move for an appropriate ruling from the Court. The material shall be treated as “Confidential Discovery Material” until the expiration of twenty days if no motion is made by the party requesting a “Confidential Discovery Material” designation (at which time the material shall no longer be treated as “Confidential Discovery Material”), or, if a motion is made, until the Court tules. A party shall not be obligated to challenge the propriety of the designation of documents as “Confidential Discovery Material” at the time of designation, and failure to do so shall not preclude a subsequent challenge to the designation. 7 Disclosure of Confidential Discovery Material. Confidential Discovery Material shall not be disclosed directly or indirectly by the person receiving such materials to persons other than: a the Court, persons employed by the Court, the jury or stenographers transcribing on the testimony or argument at a hearing, trial or deposition in the Litigation or any appeal therefrom; 7 outside counsel of record in the Litigation, including all regular and temporary employees of such counsel or the law firm of which counsel is a member, any Party, or officer, director, agent, representative, or employee of any Party, including in-house counsel and full and part-time employed legal staff, consultant or contractor working together with or under the supervision of in- house counsel or other legal staff (including, but not limited to, interpreters, translators, copy services, database/coding services), who needs to know such material in order for 2 we the Party to prosecute or defend the Litigation and/or who may appear as a witness in the Litigation; witnesses, if any, deposed in the Litigation or who appear at any hearing or trial in the Litigation, but only to the extent disclosure occurs in preparation for and/or during such deposition, hearing or trial; any mediator of this case and their direct staff, provided that such people execute an undertaking in the form attached hereto as Exhibit A agreeing to be bound by this Order and consenting to the jurisdiction of this Court; other persons who counsel of record believes are potential witnesses or sources of information that may be evidence in the Litigation and to whom counsel of record believes such material needs to be shown to prosecute or defend the Litigation, provided that each such person executed an agreement in the form attached hereto as Exhibit A agreeing to be bound by this Order and consenting to the jurisdiction of this Court or, in the event the person refuses to execute the agreement, the Party seeking to make the disclosure obtains an order from a court with jurisdiction over the person requiring the person to abide by the terms of this Order; and experts or consultants retained to assist counsel in the Litigation (including assisting the Parties’ in-house), but only to the extent disclosure occurs in the course of the formulation of the expert’s or consultant’s opinion or report, preparation of advice and/or preparation for and/or during such deposition, hearing or trial, and provided that such person executed an undertaking in the form attached hereto as Exhibit A agreeing to be bound by this Order and consenting to the jurisdiction of this Court. Absent written agreement between the person seeking to disclose any Confidential Discovery Material and the Designating Party, any person wishing to disclose any “Confidential Discovery Material” to any person(s) not set forth in this Paragraph must, after meeting and conferring, make a written application on notice to the Court for resolution and the Court must allow the disclosure before such disclosure may be made. 8 A Designating or Producing Party’s Use of its Own Documents. Nothing in this Order shall be construed in any way to limit the Parties’ use of their own documents and testimony. Nothing herein (i) shall prevent a Party from disclosing its own documents and testimony; or (ii) shall impose any restrictions on the use or disclosure by a receiving Party of documents, materials, or information designated as Confidential Information if such documents, materials, or information was both lawfully obtained by and lawfully retained in the possession of such receiving Party independent of the discovery proceedings in the Litigation. 9 Legal Advice. Nothing in this Order shall bar or otherwise restrict counsel from rendering advice to his or her client with respect to this Action and, in the course thereof, from relying in a general way upon his or her examination of discovery materials designated as Confidential Discovery Material provided, however, that in rendering such advice and in otherwise communicating with his or her clients, such counsel shall not disclose the contents of 2 2 e Se any Confidential Discovery Material to any person not authorized under the Order to receive such materials. 10. Legal Process. In the event that any of the undersigned counsel or their clients are served with or otherwise subjected to legal process (including a subpoena or discovery notice) requiring any of them to testify about, to produce, or otherwise to divulge another person’s Confidential Discovery Material to the extent permitted by law the counsel or client subject to such process will, within at least five (5) days prior to the time to object (or as soon as practicable if there are less than five days remaining to object), inform the producing Party’s (and Designating Party’s, as applicable) counsel and provide a copy of such subpoena or process. 11. Public Disclosure. If any Confidential Discovery Material is publicly disclosed in a manner that does not violate this Order, it shall not be considered Confidential Discovery Material after its disclosure. 12. Privileged Information. Nothing in this Order shall require disclosure of information protected by the attorney-client privilege, allied litigant privilege, or any other privilege, and the inadvertent production of such information shall not operate as a waiver or forfeiture of any claim of privilege or work-product protection that the producing party would otherwise be entitled to assert. 13. Admissibility. Nothing herein shall be construed to affect in any way the admissibility of any document, testimony or other evidence. 14. Filing Designated Materials with the Court. In the event that before, during or after trial in the Litigation, or in connection with any hearing in the Litigation or any matter relating to the Litigation, counsel for any Party determines to file or submit in writing to the Court any Confidential Discovery Material, or any papers containing or making reference to the substance of such material or information, the parties agree that a Filing Party may file any Confidential discovery Material under seal pursuant to a motion for temporary sealing order under Tex. R. Civ. P. 76a, without objection from another Party. After the filing of the temporary sealing order, the Designating Party, not the Filing Party, shall have the responsibility to seek permanent sealing of such filed Confidential Discovery Material should it so choose. Alternatively, and without need to seek approval from the Designating Party, the Filing Party may file such materials with the Court in redacted form and provide an unredacted copy to the Court and opposing counsel for in camera inspection. Redactions of such materials must be made in good faith by the Filing Party. 15. Use in Open Court Proceedings and Depositions. Counsel shall meet-and- confer on such procedures as are necessary to protect the confidentiality of information used in the course of any court proceedings. If the Parties are unable to agree upon such procedures, the Designating Party shall request a ruling from the Court. In the event that a Designating Party discloses its own Confidential Discovery Material (i) in an open court proceeding, (ii) in or among materials filed with the Court not-under-seal in the Litigation, or any appeal therefrom, or (iii) in a deposition, those materials shall lose their status as Confidential Discovery Material. 16. Designating Depositions. A Party may designate information disclosed at depositions as “Confidential” by notifying counsel for all the Parties, in writing, within thirty 4 eS On (30) days of receipt of the official transcript of such deposition, of the specific pages and lines of the transcript which contain “Confidential” information. All depositions, taken after the Court signs this Protective Order, shall be treated in their entirety as Confidential information for a period of thirty (30) days after receipt by counsel to the witness of the transcript. Nothing in this Paragraph precludes the deponent from reviewing the transcript at any time. 17. Survival. Neither the termination of the Litigation nor the termination of employment of any person who has had access to any Confidential Discovery Material shall relieve such person from the obligation of maintaining the confidentiality of such information. 18. Not Applicable to Trial. This Order shall not apply to the disclosure of Confidential Discovery Material identified herein at the time of trial, through the receipt of Confidential Discovery Material into evidence or through the testimony of witnesses. The disclosure of trial proceedings and sealing of the record of a trial involve considerations not presently before this Court. These issues may be taken up as a separate matter upon the motion of any party in compliance with Texas Rule of Civil Procedure 76a. 19. Return or Destruction of Designated Material. Within sixty (60) days after the entry of a final order fully resolving the Litigation and any appeals thereof, counsel shall at the request of the Designating Party return all of that Designating Party’s Confidential Discovery Material and copies to counsel for the producing Party, or in lieu thereof, certify in writing that such Confidential Discovery Material has been destroyed. Counsel for the Parties are entitled to retain court papers, deposition and trial transcripts, exhibits of motions, depositions, and trial, and attorney work product, but those counsel, and employees of those counsel, may not disclose Confidential Discovery Material to any person except pursuant to a court order or an agreement with the producing Party. 20. Materials Produced by Non-Parties and Later-Joined Parties. Any non- party that responds to discovery subpoenas may elect in writing to treat the materials it produces as “Confidential” in accordance with the terms of this Order. Any non-party materials so designated shall be governed by this Order. Any later- joined Party whose answer is due after the date of this Order shall be bound by the terms of this Order if such later-joined Party (i) receives written notice of this Order from any Party and (ii) files no objection to the terms of this Order within seven business days after receipt of such written notice. 21. Jurisdiction. This Court retains jurisdiction over the parties and recipients of the Confidential Discovery Material for purposes of the provisions of this Order following termination of this litigation. Any person receiving Confidential Discovery Material, under the terms of this Order hereby agrees to subject himself or herself to the jurisdiction of this Court for purposes of any proceedings relating to the performance under, compliance with, or violation of this Order. 22. Amendment of Order. Nothing herein shall preclude any Party from seeking to amend this Order for good cause shown. te Date: September 2020 Hon. LATOSHA LEWIS PAYNE Agreed to as to Substance and Form GIBBS & BRUNS, L.L.P. VINSON & ELKINS LLP By:_/s/ RobinC. Gibbs By: /s’ Harry M. Reasoner (w/permission) Robin C. Gibbs Harry M. Reasoner raibbs@igibbsbruns con Texas State Bar No. 16642000 State Bar No. 07853000 Stacey Neumann Vu Samuel W. Cruse, III Texas State Bar No. 24047047 scruse@gibbsbruns.com Page Robinson State Bar No. 24036423 Texas State Bar No. 24093053 Ross M. MacDonald Shelby Hart-Armstrong tor tf Texas State Bar No. 24116490 State Bar No. 24087956 hreasoner@velaw.com Angus J. Dodson sv we viiglaw com ids n@egidt bre O BE FO State Bar No. 24034418 shart-armstron elaw.conl 1100 Louisiana, Suite 5300 1001 Fannin Street, Suite 2500 Houston, Texas 77002 Houston, Texas 77002 Telephone: (713) 650-8805 Telephone: (713) 758-2358 Facsimile: (713) 750-0903 Facsimile: (713) 615-5173 Attorneys for Irwin Herz, Jr., Individually Attorneys for Defendant Ross Rankin and as Trustee of the Three R Trusts Moody THE BUZBEE LAW FIRM BECK REDDEN LLP By:/s/ Anthony G. Buzbee (w/permission) By: »s’ David J. Beck (w/permission) Anthony G. Buzbee David J. Beck State Bar No. 24001820 Texas State Bar No. 00000070 thuzbeei@txatiorneys. com B.D. Daniel David L. Bergen Texas Bar No. 05362200 State Bar No. 24097371 Allison Standish Miller dberen@ixattorneva com Texas Bar No. 24046440 Brittany C. Ifejika Hannah Roblyer State Bar No. 24111011 Texas Bar No. 24106356 bifejikacditxaitorney (S.COM dbeck@beckredden com J.P. Morgan Chase Tower bdari eckredd 2EY a 600 Travis, Suite 7300 amillen “ eddden.com Houston, Texas 77002 hrobly. cont Telephone: (713) 223-5393 1221 McKinney, Suite 4500 Facsimile: (713) 223-5909 Houston, Texas 77010 eS ww tNattiommeys.com Telephone: (713) 951-3700 Facsimile: (713) 951-3720 Attorneys for Plaintiff Attorneys for Defendant Greer, Herz & Adams, L.L.P. aS EXUIBITA 1.1, , hereby declare, under penalty of perjury, that: 2. I have received a copy of the Confidentiality and Protective Order (“Order”) in the above-captioned action, and J have carefully read and understand the terms of the Order. I will comply in all respects with all terms and conditions of the Order. 3. L understand that I am bound by the terms of the Order and, if I violate the terms of the Order, I may be subject to sanctions or other punishment by the Court. 4. I understand that the Confidential Discovery Material, as defined by the Order, are confidential and must be held in the strictest confidence, and may only be used in the manner permitted by the Order. 5. I will maintain all Confidential Discovery Material that I may receive in a secure and safe area. 6. I hereby consent to the jurisdiction of this Court for appropriate proceedings in the event of any violation or alleged violation of the Order. By my signature, I certify under penalty of perjury that the representations set forth above are true and correct. Date: Printed Name Signature eS patentee, of a HARp “9OL, &. >: id: oo: . > oe? OS. te teeoene® “. Pe eewenn eset? I, Marilyn Burgess, District Clerk of Harris County, Texas certify that this is a true and correct copy of the original record filed and or recorded in my office, electronically or hard copy, as it appears on this date. Witmess my official hand and seal of office this October 19, 2020 Certified Document Number: 92196138 ar Cure Marilyn Burgess, DISTRICT CLERK HARRIS COUNTY, TEXAS In accordance with Texas Government Code 406.013 electronically transmitted authenticated documents are valid. If there is a question regarding the validity of this document and or seal please e-mail support@hcdistrictclerk.com 9/16/2020 4:04:00 PM Marilyn Burgess - District Clerk Harris County Envelope No: 46302314 By: JOHN-MILLER, LEWIS Filed: 9/16/2020 4:04:00 PM 2020-31023 Pgs-9 CONFX EXHIBIT A eS CAUSE NO. 2020-31023 ROBERT L. MOODY, JR. IN THE DISTRICT COURT OF Vv HARRIS COUNTY, TEXAS GREER, HERZ, & ADAMS, LLP, IRWIN “BUDDY” HERZ, JR. and ROSS RANKIN MOODY 55th JUDICIAL DISTRICT AGREED CONFIDENTIALITY AND PROTECTIVE ORDER IT IS HEREBY AGREED AND ORDERED that the procedures set forth below shall govern the production, exchange, and treatment of all documents, testimony, interrogatory responses, depositions and deposition exhibits, responses to requests to admit and other written, recorded or graphic matter and/or other information produced, given, exchanged by or obtained from any Party in response to discovery requests or subpoenas in the above-captioned action (the “Litigation”’) (collectively, the “Discovery Material”). l Restricted Use. All Discovery Material shall be used solely for the prosecution and defense of the Litigation and any appeals therefrom. 2 Confidential Discovery Material. If counsel for any Party (a “Designating Party”) subject to discovery in the Litigation determines in good faith that Discovery Material produced, given, exchanged or obtained in response to discovery requests or subpoenas in the Litigation contains or discloses proprietary or non-public information of a personally private or commercially or financially sensitive nature, such Designating Party may designate specifically identified Discovery Material as “Confidential” (such material is hereinafter referred to as “Confidential Discovery Material”). If the Designating Party is not the producing person, the Designating Party shall notify the producer of the relevant Discovery Materials and all of the Parties in writing of such designation within a reasonable amount of time after the Designating Party becomes aware of the existence of the Contidential Discovery Material. All materials designated “Confidential” shall be handled in strict accordance with the terms of this Confidentiality Protective Order (this “Order”). 4 J Designating Materials. Copies or originals of Confidential Discovery Material which are produced, given or exchanged in the Litigation should be designated as such by the producing person by marking or stamping them “Confidential.” With respect to multi-page documents, the designation should be made by marking each page containing “Confidential” information. 4 Redactions. If counsel for any producing Party determines in good faith that Discovery Material contains or discloses bank account numbers, investment account numbers, social security numbers, credit card numbers, birth dates, personal addresses, or information of a similar nature, such producing Party may, but is not required, as an acceptable alternative to designating the material “Confidential Discovery Material” redact any such information prior to 1 te production, to the extent such information is not relevant to (i) the issues in this case or (ii) the location of potential witnesses. Any Party may, at any time after production of redacted material under this Order, object to the redaction by notifying the producing Party in writing of the objection. If the objection is not resolved, the Designating Party may move for an appropriate ruling from the Court. The material shall be treated as redacted until the expiration of twenty days if no motion is made by the party requesting a redacted status (at which time the material shall no longer be redacted), or, if a motion is made, until the Court rules. A party shall not be obligated to challenge the redacted status at the time of designation, and failure to do so shall not preclude a subsequent challenge to the designation. 5 Subsequent Designations. If any producing Party identifies any Confidential Discovery Material that it produced without the appropriate designation, or a Designating Party identifies any Discovery Material that should be designated Confidential Discovery Material, the producing person, or, where applicable the Designating Party, shall furnish a substitute copy properly designated along with written notice to all Parties and persons that such information is deemed “Confidential Discovery Material.” No penalty shall be imposed upon a receiving Party who has disclosed Discovery Material that is subsequently designated by the producing Party or a Designating Party as “Confidential Discovery Material,” provided such receiving Party uses good faith efforts to recover such Discovery Material from person to whom disclosure was made to the extent post-designation disclosure to such persons would not be permitted. 6 Objections to Designations. Any party may object to the designation of any material as “Confidential Discovery Material” by written notice of its objection to counsel for the Designating Party or non-party. In the event a claim is challenged, the Designating Party may move for an appropriate ruling from the Court. The material shall be treated as “Confidential Discovery Material” until the expiration of twenty days if no motion is made by the party requesting a “Confidential Discovery Material” designation (at which time the material shall no longer be treated as “Confidential Discovery Material”), or, if a motion is made, until the Court tules. A party shall not be obligated to challenge the propriety of the designation of documents as “Confidential Discovery Material” at the time of designation, and failure to do so shall not preclude a subsequent challenge to the designation. 7 Disclosure of Confidential Discovery Material. Confidential Discovery Material shall not be disclosed directly or indirectly by the person receiving such materials to persons other than: the Court, persons employed by the Court, the jury or stenographers transcribing the testimony or argument at a hearing, trial or deposition in the Litigation or any appeal therefrom; outside counsel of record in the Litigation, including all regular and temporary employees of such counsel or the law firm of which counsel is a member, any Party, or officer, director, agent, representative, or employee of any Party, including in-house counsel and full and part-time employed legal staff, consultant or contractor working together with or under the supervision of in- house counsel or other legal staff (including, but not limited to, interpreters, translators, copy services, database/coding services), who needs to know such material in order for 2 te the Party to prosecute or defend the Litigation and/or who may appear as a witness in the Litigation; witnesses, if any, deposed in the Litigation or who appear at any hearing or trial in the Litigation, but only to the extent disclosure occurs in preparation for and/or during such deposition, hearing or trial; any mediator of this case and their direct staff, provided that such people execute an undertaking in the form attached hereto as Exhibit A agreeing to be bound by this Order and consenting to the jurisdiction of this Court; other persons who counsel of record believes are potential witnesses or sources of information that may be evidence in the Litigation and to whom counsel of record believes such material needs to be shown to prosecute or defend the Litigation, provided that each such person executed an agreement in the form attached hereto as Exhibit A agreeing to be bound by this Order and consenting to the jurisdiction of this Court or, in the event the person refuses to execute the agreement, the Party seeking to make the disclosure obtains an order from a court with jurisdiction over the person requiring the person to abide by the terms of this Order; and experts or consultants retained to assist counsel in the Litigation (including assisting the Parties’ in-house), but only to the extent disclosure occurs in the course of the formulation of the expert’s or consultant’s opinion or report, preparation of advice and/or preparation for and/or during such deposition, hearing or trial, and provided that such person executed an undertaking in the form attached hereto as Exhibit A agreeing to be bound by this Order and consenting to the jurisdiction of this Court. Absent written agreement between the person seeking to disclose any Confidential Discovery Material and the Designating Party, any person wishing to disclose any “Confidential Discovery Material” to any person(s) not set forth in this Paragraph must, after meeting and conferring, make a written application on notice to the Court for resolution and the Court must allow the disclosure before such disclosure may be made. 8 A Designating or Producing Party’s Use of its Own Documents. Nothing in this Order shall be construed in any way to limit the Parties’ use of their own documents and testimony. Nothing herein (i) shall prevent a Party from disclosing its own documents and testimony; or (ii) shall impose any restrictions on the use or disclosure by a receiving Party of documents, materials, or information designated as Confidential Information if such documents, materials, or information was both lawfully obtained by and lawfully retained in the possession of such receiving Party independent of the discovery proceedings in the Litigation. 9 Legal Advice. Nothing in this Order shall bar or otherwise restrict counsel from rendering advice to his or her client with respect to this Action and, in the course thereof, from relying in a general way upon his or her examination of discovery materials designated as Confidential Discovery Material provided, however, that in rendering such advice and in otherwise communicating with his or her clients, such counsel shall not disclose the contents of a 3 eS any Confidential Discovery Material to any person not authorized under the Order to receive such materials. 10. Legal Process. In the event that any of the undersigned counsel or their clients are served with or otherwise subjected to legal process (including a subpoena or discovery notice) requiring any of them to testify about, to produce, or otherwise to divulge another person’s Confidential Discovery Material to the extent permitted by law the counsel or client subject to such process will, within at least five (5) days prior to the time to object (or as soon as practicable if there are less than five days remaining to object), inform the producing Party’s (and Designating Party’s, as applicable) counsel and provide a copy of such subpoena or process. 11. Public Disclosure. If any Confidential Discovery Material is publicly disclosed in a manner that does not violate this Order, it shall not be considered Confidential Discovery Material after its disclosure. 12. Privileged Information. Nothing in this Order shall require disclosure of information protected by the attorney-client privilege, allied litigant privilege, or any other privilege, and the inadvertent production of such information shall not operate as a waiver or forfeiture of any claim of privilege or work-product protection that the producing party would otherwise be entitled to assert. 13. Admissibility. Nothing herein shall be construed to affect in any way the admissibility of any document, testimony or other evidence. 14. Filing Designated Materials with the Court. In the event that before, during or after trial in the Litigation, or in connection with any hearing in the Litigation or any matter relating to the Litigation, counsel for any Party determines to file or submit in writing to the Court any Confidential Discovery Material, or any papers containing or making reference to the substance of such material or information, the parties agree that a Filing Party may file any Confidential discovery Material under seal pursuant to a motion for temporary sealing order under Tex. R. Civ. P. 76a, without objection from another Party. After the filing of the temporary sealing order, the Designating Party, not the Filing Party, shall have the responsibility to seek permanent sealing of such filed Confidential Discovery Material should it so choose. Alternatively, and without need to seek approval from the Designating Party, the Filing Party may file such materials with the Court in redacted form and provide an unredacted copy to the Court and opposing counsel for i camera inspection. Redactions of such materials must be made in good faith by the Filing Party. 15. Use in Open Court Proceedings and Depositions. Counsel shall meet-and- confer on such procedures as are necessary to protect the confidentiality of information used in the course of any court proceedings. If the Parties are unable to agree upon such procedures, the Designating Party shall request a ruling from the Court. In the event that a Designating Party discloses its own Confidential Discovery Material (i) in an open court proceeding, (ii) in or among materials filed with the Court not-under-seal in the Litigation, or any appeal therefrom, or (iii) in a deposition, those materials shall lose their status as Confidential Discovery Material. 16. Designating Depositions. A Party may designate information disclosed at depositions as “Confidential” by notifying counsel for all the Parties, in writing, within thirty 4 eS (30) days of receipt of the official transcript of such deposition, of the specific pages and lines of the transcript which contain “Confidential” information. All depositions, taken after the Court signs this Protective Order, shall be treated in their entirety as Confidential information for a period of thirty (30) days after receipt by counsel to the witness of the transcript. Nothing in this Paragraph precludes the deponent from reviewing the transcript at any time. 17. Survival. Neither the termination of the Litigation nor the termination of employment of any person who has had access to any Confidential Discovery Material shall relieve such person from the obligation of maintaining the confidentiality of such information. 18. Not Applicable to Trial. This Order shall not apply to the disclosure of Confidential Discovery Material identified herein at the time of trial, through the receipt of Confidential Discovery Material into evidence or through the testimony of witnesses. The disclosure of trial proceedings and sealing of the record of a trial involve considerations not presently before this Court. These issues may be taken up as a separate matter upon the motion of any party in compliance with Texas Rule of Civil Procedure 76a. 19. Return or Destruction of Designated Material. Within sixty (60) days after the entry of a final order fully resolving the Litigation and any appeals thereof, counsel shall at the request of the Designating Party return all of that Designating Party’s Confidential Discovery Material and copies to counsel for the producing Party, or in lieu thereof, certify in writing that such Confidential Discovery Material has been destroyed. Counsel for the Parties are entitled to retain court papers, deposition and trial transcripts, exhibits of motions, depositions, and trial, and attorney work product, but those counsel, and employees of those counsel, may not disclose Confidential Discovery Material to any person except pursuant to a court order or an agreement with the producing Party. 20. Materials Produced by Non-Parties and Later-Joined Parties. Any non- party that responds to discovery subpoenas may elect in writing to treat the materials it produces as “Confidential” in accordance with the terms of this Order. Any non-party materials so designated shall be governed by this O