Preview
ANAK CO 0 EA
001968701
Notice sent: Final Interlocutory DC _BK11102 PG33
Disp Partles:,
Disp code: CVD / as _<— APR 08 2011
Redact pgs:.
Judge. i RO Clerk p Y CAUSE NO. D-1-GN-10-002408 MN
EDSON KILIM, AN INDIVIDUAL, § IN THEDISTRICT CO
‘Plaintiff,
Vv.
§
8
§
:
VINICIUS TAVARES, AN §
INDIVIDUAL; DONALD CICERI, AN § TRAVIS COUNTY, TEXAS
INDIVIDUAL; MARCO ANTONIO §
PEREIRA, AN INDIVIDUAL; PACIFIC §
SHORE STONE LLC, A TEXAS §
COMPANY, §
§
§
Defendants. 261st JUDICIAL DISTRICT COURT
AMENDED AGREED PROTECTIVE ORDER
Upon motion of Plaintiff Edson Kilim and Defendants Vinicius Tavares, Donald
Ciceri, Marco Antonio Pereira, and Pacifie Shore Stone LLC (hereinafter referred to
collectively as the “Parties” and individually as a “Party”) for an Amended Agreed
Protective Order pursuant to Texas Rule of Civil Procedure 192.6, IT 1S HEREBY ORDERED
THAT: ‘
1L. This Amended Agreed Protective Order (the “Order”) shall govern all
Information, as defined herein, provided by the Parties in connection with this litigation, Edson
Kilim v. Vinicius Tavares, et al; Cause No. D-1-GN-10-003475; In the 261" Judicial District
Court of Travis County, Texas (the “Litigation”).
2. All documents and things produced by any Party shall be numbered (e.g. Bates
numbered) using a prefix bearing the Party’s name or an abbreviation thereof, such as an _
acronym or the first three letters of its name so long as the abbreviation differs from all other
names/abbreviations. The prefix should be used on a consistent basis and in a manner which
makes clear the identity of the producing Party. -
DAL 78372133v1 February 1, 2017
Filed in The District Court
of Travis County, Texas
ure? Rodriguez-Mendoza, ClerkDC BK11102 PG34
3. After carefully reviewing material to segregate non-confidential from confidential
information, any Party to this action, and any non-party from whom discovery is sought in
connection with this action, may designate as
“Confidential”
or
“Highly Confidential — Outside Counsel’s Eyes Only”
any documents, testimony, or other discovery tnaterial that contains confidential information, as
defined in the paragraphs below.
4. Any Information that contains or comprises any trade secret, confidential
information of third parties, or other confidential or proprietary research or development
information, or confidential or proprietary commercial information that is provided by a Party
may be designated by such Party as “Confidential” by marking or designating the Information as
provided in paragraphs 5 and 6 of this Order. Information that may be considered and marked as
confidential includes, but is not limited to, sound recordings, documents, writings, drawings,
graphs, charts, photographs, phone records, data, materials, depositions electronic or
computerized compilations, or other testimony, deposition exhibits, interrogatory responses,
responses to requests for admissions, requests and responses for information that is or relates to
confidential or proprietary information, and/or constitutes trade secrets of the Parties
(collectively “Information”). Except as provided below, once Information has been designated as
“Confidential” or “Highly Confidential — Outside Counsel’s Eyes Only,” it shall be used only for
purposes of the Litigation, shall not be used for any business, proprietary, or commercial
purpose, and shall not be disclosed to anyone except the following, for use jn connection with the
Litigation only:
(a) Outside counsel for the respective Parties, including their clerical,
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(@)
@
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DC =BK11102 PG35
litigation support, paralegal employees and other employees to whom it is
necessary that the Information be shown for purposes of this Litigation;
Except as otherwise provided in paragraph 5 herein, Party representatives
involved in preparation or trial of the Litigation, and having agreed on
their own behalf, and on behalf of any support staff, to be bound by the
provisions of the undertaking attached as Exhibit A, and having signed
such undertaking. The names of such representatives, along with copics
of their signed Exhibit A’s, shall be provided to the producing party, who
shall have five (5) calendar days to object to disclosures under this Order.
Outside consultants/experts for each of the Parties, who are not employed
by or affiliated with any of the Parties, but who are specifically engaged
by counsel or the Parties to assist in this litigation, and having agreed to be
bound by the provisions of the undertaking attached as Exhibit A, and
having signed such undertaking. The names of outside testifying experts,
along with copies of their signed Exhibit A's, shall be provided to the
producing Party, who shall have five (5) calendar days thereafter to object
to disclosures under this Order. Nothing in this Order shall be construed
to require disclosure of (i) information transmitted to or from, or (ii)
communications with, a non-testifying or consulting expert that would not
be otherwise discoverable under the Texas Rules of Civil Procedure.
Witnesses and potential witnesses, having agreed to be bound by the
provisions of the undertaking attached as Exhibit A, and having signed
such undertaking, The names of such witnesses and potential witnesses,©
@
(g)
@)
@
DC BK11102 PG36
along with copies of their signed Exhibit A’s, shall be provided to the
producing party, who shall have five (5) calendar days to object to
disclosures under this Order. Such witnesses or potential witnesses may
be shown Confidential Information but shall not be permitted to keep
copies of Confidential Information.
Any court reporter and video recorder operator retained by any Party to
record a deposition in the Litigation.
The Court and its officers, court stenographers and outside copy services
whose function requires them to have access to material designated as
“Confidential” or “Highly Confidential - Outside Counsel’s Eyes Only”
under this Order.
Any person or persons retained by the Parties to serve as a mediator(s) in
connection with this action.
Insurers, reinsurers, and others who are responsible to pay any portion of
any judgment rendered or settlement between the Parties. The names of
the insurers, along with copies of their signed Exhibit A's, shall be
provided to the producing Party, who shall have five (5) calendar days
thereafter to object to disclosures under this Order.
Such other persons as may be agreed to by a written stipulation of the
Parties.
5. A Party may designate Information as “Confidential” when its counsel in good
faith believes that the material constitutes or reveals a trade secret, privileged information, other
confidential or proprietary research or development information, or confidential or proprietary
D-78419436_1.DOC / 44137/2
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commercial information; confidential information of third parties; or is otherwise protected by
Jaw from disclosure; and the disclosure of the Information may cause harm, For purposes of this
Agreement, Information that is in the public domain or has been obtained by a Party from non-
confidential sources shall not be considered “Confidential.” Any Confidential Information shall
be designated by a Party by so identifying each page of the material with the word
“Confidential.” Pages of deposition transcripts containing Confidential Information shall be
identified in the same manner.
6. Every person described in paragraph 4(b), 4(c), 4(d), 4(g), 4(h) and 4G) who is
given access to Information marked “Confidential” shall be provided with a copy of this Order
prior to receipt of the Confidential Information and advised that the Information is being
disclosed pursuant and subject to the terms of this Order, and may not be disclosed or used other
than in accordance with this Order. Any person or entity to whom Confidential Information has
been made available (“the Information Holder”) shall not provide any Information to any person
described in paragraph 4(b), 4(c), 4(d), 4(g), 4(h) or 4G) until the Party has received from such
person a signed written acknowledgment substantially in the form of Exhibit A
(“Acknowledgment”), that such person has received a copy of this Order, and will comply with
its terms in all respects. Persons who come into contact with any Information designated as
“Confidential” in connection with clerical or administrative duties, and who do not retain copies
. or extracts thereof, are not required to execute acknowledgments.
7. Material marked or otherwise designated as “Highly Confidential — Outside
Counsel’s Eyes Only” is further restricted in that it shall not be disclosed to any person identified
in categories 4(b), 4(c), 4(d), 4(g) or 4(h) above. The Parties shall not designate material as
“Highly Confidential — Outside Counscl’s Eyes Only” unless such Confidential information
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comprises or contains competitively sensitive information which could be used by another Party
to obtain a competitive advantage over the producing Party.
8. A Party shall not be obligated to challenge the propriety of a designation as
“Confidential” or “Highly Confidential — Outside Counsel’s Eyes Only” at the time made, and a
failure to do so shall not preclude a subsequent challenge thereto. In the event that any Party to
this Litigation disagrees at any stage of these proceedings with the designation by the producing
Party of any information as “Confidential” or “Highly Confidential - Outside Counsel’s Eyes
Only,” the Parties shall first try to resolve such dispute in good faith. If the dispute cannot be
resolved, the objecting Party may move the Court for an order removing the “Confidential” or
“Highly Confidential - Outside Counsel’s Eyes Only” designation. Information designated as
“Confidential” or “Highly Confidential — Outside Counsel’s Eyes Only” shall remain
confidential or attorneys’ eyes only, respectively, unless the Court finds otherwise.
9 This Order is without prejudice to later agreements or requests for a Party to
request that the Court give Party representatives access to certain information designated “Highly
Confidential — Outside Counsel’s Eyes Only.” In the event a Party wishes to use any
Information designated “Confidential” or “Highly Confidential — Outside Counsel’s Eyes Only”
in any affidavits, briefs, memoranda of law, or other papers filed in Court in this Litigation, such
“Confidential” or “Highly Confidential” information used therein shall be filed under seal with
the Court.
10. If a Party wants to use material designated as “Confidential” or “Highly
Confidential - Outside Counsel’s Eyes Only” in the deposition of someone (including third
parties) other than an employee or representative of the Party that produced the confidential
materials, then that Party shall notify the producing Party of its desite to so use such materials
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and identify the materials at least three (3) business days before the deposition of the non-
producing Party is to commence. The producing Party and the Party desiring to use such
material agree to confer in good faith to resolve any disputes and reach agreement on the form
(e.g., redacted versions) or manner in which the materials may be used at the deposition. If the
Party desiring to use such material and the producing Party determine to exclude the other
Parties from that portion of the deposition in which the “Confidential” or “Highly Confidential -
Outside Counsel’s Eyes Only” materials are used, the Party desiring to use such material will not
use that testimony against any Party excluded from the deposition. If an agreement cannot be
reached, then the producing Party must seek a protective order from the court in order to limit
access to the materials during any deposition.
11. No “Confidential” or “Highly Confidential - Outside Counsel’s Eyes Only”
material shall be filed in the public record of this action, Any document or thing containing or
embodying such Confidential Information shall be filed under seal in compliance with Texas
Rule of Civil Procedure 76a.
12. In some cases, documents that are responsive to document requests may contain
both relevant and responsive Information and irrelevant and non-responsive Information. In
these cases, any Party may redact from the Information it produces (a) Information not relevant
to the subject matter of the Litigation and (b) Information that the Party claims 38 subject to the
attorney-client privilege, work-product privilege, a legal prohibition against disclosure, or other
privilege or immunity.
13. Except with the prior written consent of a Party, Information designated as
“Confidential” or “Highly Confidential — Outside Counsel’s Eyes Only” shall be used solely for
the purpose of this Litigation. The Confidential Information shall not be communicated in any
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DAL 78,419,436¥2 3-22-41DC BK11102 PG40
manner, directly or indirectly, to anyone other than a person qualified to receive such
Information under the terms of this Order. No designation shall be effective unless there is
placed or affixed on such material “Confidential” or “Highly Confidential — Outside Counsel’s
Eyes Only.” Testimony given at a deposition or hearing and the resulting transcript may be
designated as “Confidential” or “Highly Confidential - Outside Counsel’s Eyes Only” by an
appropriate statement on the record at the deposition that the testimony is subject to the
provisions of this Order. When such a statement is made, all Parties shall maintain the
deposition or hearing transcript and information contained therein as so designated up until thirty
(30) days after receipt of a copy of the transcript. During that period, the Party desiring to
maintain confidentiality more than thirty (30) days after a Party’s receipt of a copy of the
transcript must designate in writing those portions of the transcript regarded as “Confidential” or
“Highly Confidential - Outside Counsel’s Eyes Only.” Only those portions designated in
writing will thereafter be handled and marked in accordance with the provisions of this Order.
To the extent possible, the court reporter shall segregate into separate transcripts information
designated as “Confidential” with blank, consecutively numbered pages being provided in a non-
designated main transcript. The separate transcript containing “Confidential” information shall
have page numbers that correspond to the blank pages in the main transcript.
14, The failure of a Party to designate any Information as “Confidential” or “Highly
Confidential — Outside Counsel’s Eyes only” prior to production shall not waive the protections
of this Order, or otherwise limit or forego any rights of the Party to preserve the confidentiality
of the Information produced. Upon discovering that “Confidential” material was inadvertently
produced without being so-designated, the Party shall notify all recipients of such Information in
writing. The recipients shall return the un-designated materials immediately, wherein the Party
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shall designate the material and retum it to the recipients, and the Information so designated shall
be treated as Confidential from and after the date of receipt of the written notification, unless and
until the designation change.
15. All Confidential Information shall be securely maintained by the Parties and any
Information Holder in possession of such Information in a secure place.
16. Producing or receiving materials or otherwise complying with the terms of this
Order shall not prejudice in any way the rights of any Party to object to the authenticity or
admissibility into evidence of any Information, testimony or evidence subject to this Order.
17. This Order has no effect upon, and its scope shall not extend to:
a. Any Party’s use of its own Confidential Information; or
b. Any Party’s use of Confidential Information obtained from a source other
than any of the producing Parties in this case.
18. If any Party receives a subpoena, a demand or any other legal process (a
“Subpoena”) by which a person or entity not a Party to this Litigation seeks information or
material which was produced or designated as “Confidential” or “Highly Confidential - Outside
Counsel’s Eyes Only” in this Litigation by someone other than the Party receiving the Subpoena,
the Party receiving the Subpoena shall give prompt actual written notice (“Disclosure”), within
ten (10) days of receipt of such Subpoena to the Party(ies) who produced or designated the
information or material “Confidential” or “Highly Confidential — Outside Counsel’s Eyes Only.”
Nothing herein shall be construed as requiring the Party receiving the Subpoena or anyone else
covered by this Order to object to any Subpoena, or to challenge or appeal any order requiring
production of information or material covered by this Order, or to subject itself to any penalties
for noncompliance with any Subpoena, legal process or order, or to seek any relief from this
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Court. Notwithstanding anything herein to the contrary, nothing in this paragraph precludes a
Party receiving a Subpoena from fully cooperating with any federal or state government or
agency conceming any investigation or any subpoena and, where Disclosure would violate a
subpoena, court order, statute or other law, nothing herein shall require a Party to make a
Disclosure.
19. Nothing herein shall prevent disclosure beyond the terms of this order if the Party
designating the information as “Confidential” or “Highly Confidential — Outside Counsel’s Eyes
Only” consents to such disclosure or, if the Court, after notice to all affected Parties, orders such
disclosure, Subject to compliance with Paragraph 10 herein, nothing herein shall prevent any
counsel of record from utilizing Confidential Information or Outside Counsel’s Eyes Only
Information in the examination or cross examination at a deposition of any person who is
indicated on the document as being an author, source or recipient of the Confidential Information
or Outside Counsel’s Eyes Only Information--regardless of which Party produced such
Information.
20. Within 30 days after the conclusion of this case, including any appeals, all
Information designated and produced hereunder, and all copies thereof, shall be returned to the
producing Party, or, at the option of the receiving Party, receiving counsel shall certify in writing
that such material has been destroyed. Counsel of record may retain one set of all papers filed
with the court, including any Confidential Information filed under seal.
21. This Order shall remain in full force and effect after the termination of the
Litigation, or until canceled or otherwise modified by Order of this Court.
22. The Parties agree that a violation or threatened violation of these terms shall
constitute irreparable harm and qualify as valid grounds for seeking injunctive relief to prevent
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‘ said violation, without prejudice to any other remedies for a violation of this Order which also
constitutes a contract among the Parties.
SIGNED this & say of Meo , 2011.
Ube, 4 £ : Cy
HONORABLE JUDGE PRESIDING! Q
: DATE: March 4, 2011
fot Respectfully submitted,
: ory Casas CC) Michael L. Hood
¢ Jana Terry Leslie C. Thorne
1 GREENBERG TRAURIG, L.L.P. HAYNES AND BOONE, LLP
3 300 West 6” Street, Suite 2050 600 Congress Avenue, Suite 1300
Austin, Texas 78701 Austin, Texas 78701
b (512) 320-7200 (Telephone) (512) 867-8400 (Telephone)
i: (512) 320-7210 (Facsimile) (512) 867-8470 (Facsimile)
: ATTORNEYS FOR DEFENDANTS ATTORNEYS FOR PLAINTIFF
:
i
i
: D-78419436_L.DOC / 4413772 ll
: DAL 78,419,436v2 3-22-11DC BK11102 PG44
EXHIBIT A
CAUSE NO. D-1-GN-10-002408
EDSON KILIM, AN INDIVIDUAL, § IN THE DISTRICT COURT
Plaintiff,
Vv.
VINICIUS TAVARES, AN
INDIVIDUAL; DONALD CICERI, AN
§
§
§
§
:
§ TRAVIS COUNTY, TEXAS
INDIVIDUAL; MARCO ANTONIO §
§
§
§
§
§
§
PEREIRA, AN INDIVIDUAL; PACIFIC
SHORE STONE LLC, A TEXAS
COMPANY,
Defendants.
261st JUDICIAL DISTRICF COURT
ALLEGIANCE TO AMENDED AGREED PROTECTIVE ORDER
STATE OF )
§
§
COUNTY OF §
I, , have been retained by in
connection with the above-captioned lawsuit (or, I, > party
representative for ), hereby acknowledge that I am about to
receive Information as defined in the Amended Agreed Protective Order agreed to by the parties
and so ordered by the Court in this Case.
I certify my understanding that the Information is being provided to me pursuant to the
terms and restrictions of the Amended Agreed Protective Order, and that I have been given a
copy of and have read and understood my obligations under that Amended Agreed Protective
Order. I hereby agree to be bound by the terms of the Amended Agreed Protective Order. I
clearly understand that the Confidential Information and my copies or notes relating thereto may
D-78419436_1.DOC / 4413772 12
DAL 78,419,436v2 3-22-11DC = BK11102 PG45
only be disclosed to or discussed with those persons permitted by the Amended Agreed
Protective Order to receive such material.
Except as otherwise permitted by this Amended Agreed Protective Order, I will not share
information that I obtain under this Amended Agreed Protective Order inside my company, and I
will discuss recommendations that I make based on such information, without sharing the
substance of Confidential Information, only with senior management making decisions about the
litigation.
I will return or destroy all materials containing Confidential Information as required by
paragraph 20 of the Amended Agreed Protective Order.
I hereby submit to the jurisdiction of this Court for the purpose of enforcement of the
Amended Agreed Protective Order and waive any and all objections to jurisdiction and venue.
I make the above statements under penalty of perjury.
Name
Date
Title
SWORN TO AND SUBSCRIBED before me by on this
day of :
[Notary Signature}
Notary Public in and for the State of.
My Commission Expires:
D-78419436_L.DOC / 44137/2 13
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Preview
ANAK CO 0 EA 001968701 Notice sent: Final Interlocutory DC _BK11102 PG33 Disp Partles:, Disp code: CVD / as _<— APR 08 2011 Redact pgs:. Judge. i RO Clerk p Y CAUSE NO. D-1-GN-10-002408 MN EDSON KILIM, AN INDIVIDUAL, § IN THEDISTRICT CO ‘Plaintiff, Vv. § 8 § : VINICIUS TAVARES, AN § INDIVIDUAL; DONALD CICERI, AN § TRAVIS COUNTY, TEXAS INDIVIDUAL; MARCO ANTONIO § PEREIRA, AN INDIVIDUAL; PACIFIC § SHORE STONE LLC, A TEXAS § COMPANY, § § § Defendants. 261st JUDICIAL DISTRICT COURT AMENDED AGREED PROTECTIVE ORDER Upon motion of Plaintiff Edson Kilim and Defendants Vinicius Tavares, Donald Ciceri, Marco Antonio Pereira, and Pacifie Shore Stone LLC (hereinafter referred to collectively as the “Parties” and individually as a “Party”) for an Amended Agreed Protective Order pursuant to Texas Rule of Civil Procedure 192.6, IT 1S HEREBY ORDERED THAT: ‘ 1L. This Amended Agreed Protective Order (the “Order”) shall govern all Information, as defined herein, provided by the Parties in connection with this litigation, Edson Kilim v. Vinicius Tavares, et al; Cause No. D-1-GN-10-003475; In the 261" Judicial District Court of Travis County, Texas (the “Litigation”). 2. All documents and things produced by any Party shall be numbered (e.g. Bates numbered) using a prefix bearing the Party’s name or an abbreviation thereof, such as an _ acronym or the first three letters of its name so long as the abbreviation differs from all other names/abbreviations. The prefix should be used on a consistent basis and in a manner which makes clear the identity of the producing Party. - DAL 78372133v1 February 1, 2017 Filed in The District Court of Travis County, Texas ure? Rodriguez-Mendoza, ClerkDC BK11102 PG34 3. After carefully reviewing material to segregate non-confidential from confidential information, any Party to this action, and any non-party from whom discovery is sought in connection with this action, may designate as “Confidential” or “Highly Confidential — Outside Counsel’s Eyes Only” any documents, testimony, or other discovery tnaterial that contains confidential information, as defined in the paragraphs below. 4. Any Information that contains or comprises any trade secret, confidential information of third parties, or other confidential or proprietary research or development information, or confidential or proprietary commercial information that is provided by a Party may be designated by such Party as “Confidential” by marking or designating the Information as provided in paragraphs 5 and 6 of this Order. Information that may be considered and marked as confidential includes, but is not limited to, sound recordings, documents, writings, drawings, graphs, charts, photographs, phone records, data, materials, depositions electronic or computerized compilations, or other testimony, deposition exhibits, interrogatory responses, responses to requests for admissions, requests and responses for information that is or relates to confidential or proprietary information, and/or constitutes trade secrets of the Parties (collectively “Information”). Except as provided below, once Information has been designated as “Confidential” or “Highly Confidential — Outside Counsel’s Eyes Only,” it shall be used only for purposes of the Litigation, shall not be used for any business, proprietary, or commercial purpose, and shall not be disclosed to anyone except the following, for use jn connection with the Litigation only: (a) Outside counsel for the respective Parties, including their clerical, D-78419436_1.DOC / 44137/2 2 DAL 78,419,436v2 3-22-11) (@) @ D-78419436_1.DOC / 44337/2 DAL 78,419,436v2 3-22-11 DC =BK11102 PG35 litigation support, paralegal employees and other employees to whom it is necessary that the Information be shown for purposes of this Litigation; Except as otherwise provided in paragraph 5 herein, Party representatives involved in preparation or trial of the Litigation, and having agreed on their own behalf, and on behalf of any support staff, to be bound by the provisions of the undertaking attached as Exhibit A, and having signed such undertaking. The names of such representatives, along with copics of their signed Exhibit A’s, shall be provided to the producing party, who shall have five (5) calendar days to object to disclosures under this Order. Outside consultants/experts for each of the Parties, who are not employed by or affiliated with any of the Parties, but who are specifically engaged by counsel or the Parties to assist in this litigation, and having agreed to be bound by the provisions of the undertaking attached as Exhibit A, and having signed such undertaking. The names of outside testifying experts, along with copies of their signed Exhibit A's, shall be provided to the producing Party, who shall have five (5) calendar days thereafter to object to disclosures under this Order. Nothing in this Order shall be construed to require disclosure of (i) information transmitted to or from, or (ii) communications with, a non-testifying or consulting expert that would not be otherwise discoverable under the Texas Rules of Civil Procedure. Witnesses and potential witnesses, having agreed to be bound by the provisions of the undertaking attached as Exhibit A, and having signed such undertaking, The names of such witnesses and potential witnesses,© @ (g) @) @ DC BK11102 PG36 along with copies of their signed Exhibit A’s, shall be provided to the producing party, who shall have five (5) calendar days to object to disclosures under this Order. Such witnesses or potential witnesses may be shown Confidential Information but shall not be permitted to keep copies of Confidential Information. Any court reporter and video recorder operator retained by any Party to record a deposition in the Litigation. The Court and its officers, court stenographers and outside copy services whose function requires them to have access to material designated as “Confidential” or “Highly Confidential - Outside Counsel’s Eyes Only” under this Order. Any person or persons retained by the Parties to serve as a mediator(s) in connection with this action. Insurers, reinsurers, and others who are responsible to pay any portion of any judgment rendered or settlement between the Parties. The names of the insurers, along with copies of their signed Exhibit A's, shall be provided to the producing Party, who shall have five (5) calendar days thereafter to object to disclosures under this Order. Such other persons as may be agreed to by a written stipulation of the Parties. 5. A Party may designate Information as “Confidential” when its counsel in good faith believes that the material constitutes or reveals a trade secret, privileged information, other confidential or proprietary research or development information, or confidential or proprietary D-78419436_1.DOC / 44137/2 DAL 78,419,436v2 3-22-11DC =BK11102 PG37 commercial information; confidential information of third parties; or is otherwise protected by Jaw from disclosure; and the disclosure of the Information may cause harm, For purposes of this Agreement, Information that is in the public domain or has been obtained by a Party from non- confidential sources shall not be considered “Confidential.” Any Confidential Information shall be designated by a Party by so identifying each page of the material with the word “Confidential.” Pages of deposition transcripts containing Confidential Information shall be identified in the same manner. 6. Every person described in paragraph 4(b), 4(c), 4(d), 4(g), 4(h) and 4G) who is given access to Information marked “Confidential” shall be provided with a copy of this Order prior to receipt of the Confidential Information and advised that the Information is being disclosed pursuant and subject to the terms of this Order, and may not be disclosed or used other than in accordance with this Order. Any person or entity to whom Confidential Information has been made available (“the Information Holder”) shall not provide any Information to any person described in paragraph 4(b), 4(c), 4(d), 4(g), 4(h) or 4G) until the Party has received from such person a signed written acknowledgment substantially in the form of Exhibit A (“Acknowledgment”), that such person has received a copy of this Order, and will comply with its terms in all respects. Persons who come into contact with any Information designated as “Confidential” in connection with clerical or administrative duties, and who do not retain copies . or extracts thereof, are not required to execute acknowledgments. 7. Material marked or otherwise designated as “Highly Confidential — Outside Counsel’s Eyes Only” is further restricted in that it shall not be disclosed to any person identified in categories 4(b), 4(c), 4(d), 4(g) or 4(h) above. The Parties shall not designate material as “Highly Confidential — Outside Counscl’s Eyes Only” unless such Confidential information 1D-78419436_1.DOC / 44137/2 5 DAL 78,419,436v2 3-22-11DC =BK11102 PG38 comprises or contains competitively sensitive information which could be used by another Party to obtain a competitive advantage over the producing Party. 8. A Party shall not be obligated to challenge the propriety of a designation as “Confidential” or “Highly Confidential — Outside Counsel’s Eyes Only” at the time made, and a failure to do so shall not preclude a subsequent challenge thereto. In the event that any Party to this Litigation disagrees at any stage of these proceedings with the designation by the producing Party of any information as “Confidential” or “Highly Confidential - Outside Counsel’s Eyes Only,” the Parties shall first try to resolve such dispute in good faith. If the dispute cannot be resolved, the objecting Party may move the Court for an order removing the “Confidential” or “Highly Confidential - Outside Counsel’s Eyes Only” designation. Information designated as “Confidential” or “Highly Confidential — Outside Counsel’s Eyes Only” shall remain confidential or attorneys’ eyes only, respectively, unless the Court finds otherwise. 9 This Order is without prejudice to later agreements or requests for a Party to request that the Court give Party representatives access to certain information designated “Highly Confidential — Outside Counsel’s Eyes Only.” In the event a Party wishes to use any Information designated “Confidential” or “Highly Confidential — Outside Counsel’s Eyes Only” in any affidavits, briefs, memoranda of law, or other papers filed in Court in this Litigation, such “Confidential” or “Highly Confidential” information used therein shall be filed under seal with the Court. 10. If a Party wants to use material designated as “Confidential” or “Highly Confidential - Outside Counsel’s Eyes Only” in the deposition of someone (including third parties) other than an employee or representative of the Party that produced the confidential materials, then that Party shall notify the producing Party of its desite to so use such materials D-78419436_1.DOC / 441372 6 DAL 78,419,436V2 3-22-11DC =BK11102 PG39 and identify the materials at least three (3) business days before the deposition of the non- producing Party is to commence. The producing Party and the Party desiring to use such material agree to confer in good faith to resolve any disputes and reach agreement on the form (e.g., redacted versions) or manner in which the materials may be used at the deposition. If the Party desiring to use such material and the producing Party determine to exclude the other Parties from that portion of the deposition in which the “Confidential” or “Highly Confidential - Outside Counsel’s Eyes Only” materials are used, the Party desiring to use such material will not use that testimony against any Party excluded from the deposition. If an agreement cannot be reached, then the producing Party must seek a protective order from the court in order to limit access to the materials during any deposition. 11. No “Confidential” or “Highly Confidential - Outside Counsel’s Eyes Only” material shall be filed in the public record of this action, Any document or thing containing or embodying such Confidential Information shall be filed under seal in compliance with Texas Rule of Civil Procedure 76a. 12. In some cases, documents that are responsive to document requests may contain both relevant and responsive Information and irrelevant and non-responsive Information. In these cases, any Party may redact from the Information it produces (a) Information not relevant to the subject matter of the Litigation and (b) Information that the Party claims 38 subject to the attorney-client privilege, work-product privilege, a legal prohibition against disclosure, or other privilege or immunity. 13. Except with the prior written consent of a Party, Information designated as “Confidential” or “Highly Confidential — Outside Counsel’s Eyes Only” shall be used solely for the purpose of this Litigation. The Confidential Information shall not be communicated in any D-78419436_L.DOC / 44137/2 7 DAL 78,419,436¥2 3-22-41DC BK11102 PG40 manner, directly or indirectly, to anyone other than a person qualified to receive such Information under the terms of this Order. No designation shall be effective unless there is placed or affixed on such material “Confidential” or “Highly Confidential — Outside Counsel’s Eyes Only.” Testimony given at a deposition or hearing and the resulting transcript may be designated as “Confidential” or “Highly Confidential - Outside Counsel’s Eyes Only” by an appropriate statement on the record at the deposition that the testimony is subject to the provisions of this Order. When such a statement is made, all Parties shall maintain the deposition or hearing transcript and information contained therein as so designated up until thirty (30) days after receipt of a copy of the transcript. During that period, the Party desiring to maintain confidentiality more than thirty (30) days after a Party’s receipt of a copy of the transcript must designate in writing those portions of the transcript regarded as “Confidential” or “Highly Confidential - Outside Counsel’s Eyes Only.” Only those portions designated in writing will thereafter be handled and marked in accordance with the provisions of this Order. To the extent possible, the court reporter shall segregate into separate transcripts information designated as “Confidential” with blank, consecutively numbered pages being provided in a non- designated main transcript. The separate transcript containing “Confidential” information shall have page numbers that correspond to the blank pages in the main transcript. 14, The failure of a Party to designate any Information as “Confidential” or “Highly Confidential — Outside Counsel’s Eyes only” prior to production shall not waive the protections of this Order, or otherwise limit or forego any rights of the Party to preserve the confidentiality of the Information produced. Upon discovering that “Confidential” material was inadvertently produced without being so-designated, the Party shall notify all recipients of such Information in writing. The recipients shall return the un-designated materials immediately, wherein the Party D-78419436_1.DOC / 44137/2 8 DAL 78,419, 436v2 3-22-14DC BK11102 PG41 shall designate the material and retum it to the recipients, and the Information so designated shall be treated as Confidential from and after the date of receipt of the written notification, unless and until the designation change. 15. All Confidential Information shall be securely maintained by the Parties and any Information Holder in possession of such Information in a secure place. 16. Producing or receiving materials or otherwise complying with the terms of this Order shall not prejudice in any way the rights of any Party to object to the authenticity or admissibility into evidence of any Information, testimony or evidence subject to this Order. 17. This Order has no effect upon, and its scope shall not extend to: a. Any Party’s use of its own Confidential Information; or b. Any Party’s use of Confidential Information obtained from a source other than any of the producing Parties in this case. 18. If any Party receives a subpoena, a demand or any other legal process (a “Subpoena”) by which a person or entity not a Party to this Litigation seeks information or material which was produced or designated as “Confidential” or “Highly Confidential - Outside Counsel’s Eyes Only” in this Litigation by someone other than the Party receiving the Subpoena, the Party receiving the Subpoena shall give prompt actual written notice (“Disclosure”), within ten (10) days of receipt of such Subpoena to the Party(ies) who produced or designated the information or material “Confidential” or “Highly Confidential — Outside Counsel’s Eyes Only.” Nothing herein shall be construed as requiring the Party receiving the Subpoena or anyone else covered by this Order to object to any Subpoena, or to challenge or appeal any order requiring production of information or material covered by this Order, or to subject itself to any penalties for noncompliance with any Subpoena, legal process or order, or to seek any relief from this D-78419436_1.DOC / 44137/2 9 DAL 78,419,436v2 3-22-11DC BK11102 PG42 Court. Notwithstanding anything herein to the contrary, nothing in this paragraph precludes a Party receiving a Subpoena from fully cooperating with any federal or state government or agency conceming any investigation or any subpoena and, where Disclosure would violate a subpoena, court order, statute or other law, nothing herein shall require a Party to make a Disclosure. 19. Nothing herein shall prevent disclosure beyond the terms of this order if the Party designating the information as “Confidential” or “Highly Confidential — Outside Counsel’s Eyes Only” consents to such disclosure or, if the Court, after notice to all affected Parties, orders such disclosure, Subject to compliance with Paragraph 10 herein, nothing herein shall prevent any counsel of record from utilizing Confidential Information or Outside Counsel’s Eyes Only Information in the examination or cross examination at a deposition of any person who is indicated on the document as being an author, source or recipient of the Confidential Information or Outside Counsel’s Eyes Only Information--regardless of which Party produced such Information. 20. Within 30 days after the conclusion of this case, including any appeals, all Information designated and produced hereunder, and all copies thereof, shall be returned to the producing Party, or, at the option of the receiving Party, receiving counsel shall certify in writing that such material has been destroyed. Counsel of record may retain one set of all papers filed with the court, including any Confidential Information filed under seal. 21. This Order shall remain in full force and effect after the termination of the Litigation, or until canceled or otherwise modified by Order of this Court. 22. The Parties agree that a violation or threatened violation of these terms shall constitute irreparable harm and qualify as valid grounds for seeking injunctive relief to prevent D-78419436_1.DOC / 44137/2 10 DAL 78,419,436v2 3-22-11DC =BK11102 PG43 ‘ said violation, without prejudice to any other remedies for a violation of this Order which also constitutes a contract among the Parties. SIGNED this & say of Meo , 2011. Ube, 4 £ : Cy HONORABLE JUDGE PRESIDING! Q : DATE: March 4, 2011 fot Respectfully submitted, : ory Casas CC) Michael L. Hood ¢ Jana Terry Leslie C. Thorne 1 GREENBERG TRAURIG, L.L.P. HAYNES AND BOONE, LLP 3 300 West 6” Street, Suite 2050 600 Congress Avenue, Suite 1300 Austin, Texas 78701 Austin, Texas 78701 b (512) 320-7200 (Telephone) (512) 867-8400 (Telephone) i: (512) 320-7210 (Facsimile) (512) 867-8470 (Facsimile) : ATTORNEYS FOR DEFENDANTS ATTORNEYS FOR PLAINTIFF : i i : D-78419436_L.DOC / 4413772 ll : DAL 78,419,436v2 3-22-11DC BK11102 PG44 EXHIBIT A CAUSE NO. D-1-GN-10-002408 EDSON KILIM, AN INDIVIDUAL, § IN THE DISTRICT COURT Plaintiff, Vv. VINICIUS TAVARES, AN INDIVIDUAL; DONALD CICERI, AN § § § § : § TRAVIS COUNTY, TEXAS INDIVIDUAL; MARCO ANTONIO § § § § § § § PEREIRA, AN INDIVIDUAL; PACIFIC SHORE STONE LLC, A TEXAS COMPANY, Defendants. 261st JUDICIAL DISTRICF COURT ALLEGIANCE TO AMENDED AGREED PROTECTIVE ORDER STATE OF ) § § COUNTY OF § I, , have been retained by in connection with the above-captioned lawsuit (or, I, > party representative for ), hereby acknowledge that I am about to receive Information as defined in the Amended Agreed Protective Order agreed to by the parties and so ordered by the Court in this Case. I certify my understanding that the Information is being provided to me pursuant to the terms and restrictions of the Amended Agreed Protective Order, and that I have been given a copy of and have read and understood my obligations under that Amended Agreed Protective Order. I hereby agree to be bound by the terms of the Amended Agreed Protective Order. I clearly understand that the Confidential Information and my copies or notes relating thereto may D-78419436_1.DOC / 4413772 12 DAL 78,419,436v2 3-22-11DC = BK11102 PG45 only be disclosed to or discussed with those persons permitted by the Amended Agreed Protective Order to receive such material. Except as otherwise permitted by this Amended Agreed Protective Order, I will not share information that I obtain under this Amended Agreed Protective Order inside my company, and I will discuss recommendations that I make based on such information, without sharing the substance of Confidential Information, only with senior management making decisions about the litigation. I will return or destroy all materials containing Confidential Information as required by paragraph 20 of the Amended Agreed Protective Order. I hereby submit to the jurisdiction of this Court for the purpose of enforcement of the Amended Agreed Protective Order and waive any and all objections to jurisdiction and venue. I make the above statements under penalty of perjury. Name Date Title SWORN TO AND SUBSCRIBED before me by on this day of : [Notary Signature} Notary Public in and for the State of. My Commission Expires: D-78419436_L.DOC / 44137/2 13 DAL 78,419,436v2 3-22-11