143 STIPULATION Stipulated [Proposed] Protective Order by CBV, Inc.. (Grivner, Geoffrey)
(19 page document articulating a HIGH LEVEL of “CONFIDENTIAL” & “RESTRICTED CONFIDENTIAL” ....hmm, seems like settlement is bigger than previous assertions)
Aug 24, 2022
Main Document
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
CBV, INC.,
Plaintiff/Counterclaim
Defendant,
v.
CHANBOND, LLC,
Defendant/Crossclaim
Defendant,
DEIRDRE LEANE, and IPNAV, LLC
Defendants/Counterclaim
Plaintiffs/Crossclaim
Plaintiffs.
C.A. No. 21-1456-MN
STIPULATED [PROPOSED] PROTECTIVE ORDER
Whereas, CBV, Inc., ChanBond, LLC, Deirdre Leane, and IPNav, LLC (collectively the
“Parties”) may seek discovery of Documents, information or other materials which may contain
or relate to confidential, proprietary, or trade secret information of another party or of a third party
in the above captioned action (the “Action” or “Litigation”);
Whereas, the Parties have in good faith conferred and have agreed upon the terms of a
Protective Order and for good cause shown; therefore,
The Parties stipulate, pursuant to Rule 26(c) of the Federal Rules of Civil Procedure,
subject to the approval of the Court, that the following provisions shall govern handling of such
confidential information and documents in these proceedings under this Protective Order:
1. Scope: This Stipulation of Confidentiality and Protective Order (“Protective
Order”) governs the use and dissemination of documents and information produced in discovery
or provided pursuant to subpoena to any person, party, or entity (the “Receiving Party”) in the
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above-captioned action (the “Action” or “Litigation”) when the person, party, or third party
producing or providing the documents or information (the “Producing Party”) designates them as
“CONFIDENTIAL” or “RESTRICTED CONFIDENTIAL” under the terms of this Protective
Order. It does not apply to (a) documents or information already in the Receiving Party’s
possession; (b) documents or information that the Receiving Party obtains by means other than
discovery served or subpoenas issued in connection with the Litigation;1
or (c) a Producing Party’s
use of its own “CONFIDENTIAL” or “RESTRICTED CONFIDENTIAL” documents or
information.
2. Use: A Receiving Party shall use documents and information that a Producing
Party designates as “CONFIDENTIAL” or “RESTRICTED CONFIDENTIAL” under this
Protective Order solely for purposes of the Litigation unless otherwise allowed by Court Order as
set forth in paragraph 1.
3. “CONFIDENTIAL” Information: In conjunction with and subject to the
additional protections from or restrictions regarding disclosure as set forth in paragraphs 1 and 2
of this Protective Order, a Producing Party may designate as “CONFIDENTIAL” any documents
or information that, in good faith, it believes to include trade secrets, proprietary information,
commercial, financial, budgeting or accounting information, business strategies or decisions, and
private information about affiliates, parents, subsidiaries, third parties and employees with whom
the parties to this action have had business relationships.
4. “RESTRICTED CONFIDENTIAL” Information: The parties recognize that there
may be certain discrete categories of sensitive or extremely sensitive confidential or proprietary
1 For the avoidance of doubt, discovery taken in the American Arbitration Association Arbitration
captioned Deirdre Leane and IPNAV, LLC v. ChanBond, LLC and UnifiedOnline, Inc., AAA Case
No. 01-20-0015-0793, is deemed taken in this action and is subject to this Protective Order.
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information, the disclosure of which may more severely compromise or jeopardize the business
interests of the party producing such information. The producing party may designate such
information as “RESTRICTED CONFIDENTIAL” and limit disclosure to the persons listed in
paragraph 6 below.
5. Disclosure of “CONFIDENTIAL” Information: Subject to any additional
protection from or restrictions regarding disclosure that may be imposed in accordance with the
provisions of paragraphs 2 and 3 of this Protective Order and unless otherwise allowed by Court
Order as set forth in paragraph 1 of this Protective Order, a Receiving Party may disclose
documents and information designated as “CONFIDENTIAL” only to the following persons:
a. three employees of the Receiving Party with a need to see such information for
the purposes of this Litigation and who agree to be bound by the terms of this Order and who
first execute a certification attached hereto as Exhibit A;
b. counsel representing or advising a named party regarding the prosecution or
defense of the Litigation, whether or not as counsel of record, and partners, associates, paralegals,
clerical, and other employees who are working under the direct supervision of such counsel and
who are directly involved in the prosecution or defense of the Litigation;
c. court reporters, interpreters, translators, copy services, graphic support services,
document imaging services, and database/coding services retained by counsel, provided these
individuals or an appropriate company official with authority to do so;
d. experts or consultants who (i) are retained by an attorney for a named party in the
Litigation, (ii) are actively involved in the preparation for trial or trial in the Litigation, and (iii)
first execute a certification attached hereto as Exhibit A;
e. during depositions or during preparation for depositions or hearings, witnesses
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who appear reasonably likely to have relevant knowledge or information relating to the document
or information designated as “CONFIDENTIAL” or to the specific events, transactions, or
discussions referenced, provided that, if such witnesses are not employees of the Producing Party,
they first execute the certification attached hereto as Exhibit A and do not retain copies;
f. the Court, Court personnel, and any Special Masters and/or Mediators appointed
by the Court, under seal;
g. Authors or drafters, addressees, anyone who received the documents or information
prior to the commencement of this Litigation, or anyone who received the document or information
during this Litigation but only if they obtained the document or information independently and
outside of this Litigation and not in violation of this Order; and
h. Any other person authorized to receive Confidential Information by order of the
Court or by written agreement of the parties.
6. Disclosure of “RESTRICTED CONFIDENTIAL” Information: Subject to any
additional protection from or restrictions regarding disclosure that may be imposed in accordance
with the provisions of paragraphs 2 and 3 of this Protective Order, a Receiving Party may disclose
documents and information designated as “RESTRICTED CONFIDENTIAL” only to the
following persons:
a. legal counsel representing or advising a named party regarding the prosecution or
defense of the Litigation, whether or not as counsel of record, and partners, associates, paralegals,
clerical, and other employees who are working under the direct supervision of such counsel and
who are directly involved in the prosecution or defense of the Litigation;
b. court reporters, interpreters, translators, copy services, graphic support services,
document imaging services, and database/coding services retained by counsel, provided these
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individuals or an appropriate company official with authority to do so first executes a certification
attached hereto as Exhibit A;
c. experts or consultants who (i) are retained by an attorney for a named party in the
Litigation, (ii) are actively involved in the preparation for trial or trial in the Litigation, and (iii)
first execute a certification attached hereto as Exhibit A;
d. the Court, Court personnel, and any Special Masters and/or Mediators appointed
by the Court, under seal;
e. Authors or drafters, addressees, anyone who received the documents or
information prior to the commencement of this Litigation, or anyone who received the document or
information during this Litigation, but only if they obtained the document or information
independently and outside of this Litigation and not in violation of this Order;
f. William Carter, Deirdre Leane, Earl Hennenhoefer, Richard Snyder, and Robert Stine;
and
g. Any other person authorized to receive Restricted Confidential Information by
order of the Court or by written agreement of the parties.
The use of “RESTRICTED CONFIDENTIAL” information or documents in connection
with the examination of witnesses during depositions, in hearings, or at trial, if sought, shall be the
subject of further stipulation or Order of Court in conformance with paragraphs 2, supra.
7. Manner of Designation: A Producing Party may designate all or any part of a
document, tangible item, discovery response or pleading that is disclosed, produced, or filed as
“CONFIDENTIAL” or “RESTRICTED CONFIDENTIAL” by placing the term
“CONFIDENTIAL” or “RESTRICTED CONFIDENTIAL,” as appropriate, on the face of the
document and each page so designated. If the document or item cannot be marked in this manner,
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the Producing Party may provide the Receiving Party with appropriate written notice of the
designation. The designation of all or any part of a document, tangible item, discovery response
or pleading as “CONFIDENTIAL” or “RESTRICTED CONFIDENTIAL” shall not waive a
party’s right to or preclude a party from seeking such further protection from or restrictions
regarding disclosure as set forth in paragraphs 2 of this Protective Order; nor shall such designation
preclude any Party’s rights to challenge a designation pursuant to paragraph 14 of this Protective
Order.
8. Maintenance, Storage, and Copies: The Receiving Party’s counsel shall maintain
and store documents and information designated as “CONFIDENTIAL” or “RESTRICTED
CONFIDENTIAL” in a secure and safe area and is responsible for employing reasonable measures
to control duplication of, access to, and distribution of copies of documents and information
designated as “CONFIDENTIAL” or “RESTRICTED CONFIDENTIAL.” A Receiving Party’s
files, containers, drawers or other receptacles containing documents or
information that a Producing Party has designated as “CONFIDENTIAL” or “RESTRICTED
CONFIDENTIAL” shall be marked on the outside as follows: “THIS FILE CONTAINS
MATERIALS SUBJECT TO A PROTECTIVE ORDER IN CBV, INC. v. CHANBOND, et al.”
Copies of documents or information designated as “CONFIDENTIAL” or “RESTRICTED
CONFIDENTIAL” in whatever form, as well as materials compiled or prepared by the Receiving
Party that contain or reflect documents or information designated as “CONFIDENTIAL” or
“RESTRICTED CONFIDENTIAL,” as appropriate (including but not limited to summaries,
compilations, notes, and electronic images or databases), are subject to the same restrictions and
limitations as originals.
9. Depositions and Hearings: Documents and information previously designated as
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“CONFIDENTIAL” or “RESTRICTED CONFIDENTIAL” that are used in or made exhibits to a
deposition or hearing shall retain their designated status and need not be redesignated. A Producing
Party also may designate testimony and exhibits (or portions thereof) as “CONFIDENTIAL” or
“RESTRICTED CONFIDENTIAL” by advising the court reporter and all parties of such fact
either (a) on the record during the deposition or hearing or (b) in writing within fifteen (15) days
after the Producing Party’s counsel receives a copy of the deposition or hearing transcript.
Transcripts of depositions and hearings that contain testimony or exhibits designated as
“CONFIDENTIAL” or “RESTRICTED CONFIDENTIAL” shall bear a legend on their cover
page stating “THIS TRANSCRIPT CONTAINS MATERIALS OR INFORMATION SUBJECT
TO A PROTECTIVE ORDER IN CBV, INC. v. CHANBOND, et al.” Deposition and hearing
transcripts and exhibits shall provisionally be deemed “CONFIDENTIAL” for fifteen (15) days
after the Producing Party’s counsel receives a copy of the deposition or hearing transcript. If no
already-designated materials are exhibits, no designations were made on the record during the
deposition or hearing, and no Producing Party makes a “CONFIDENTIAL” or “RESTRICTED
CONFIDENTIAL” designation within the fifteen (15) day period, the deposition or hearing
transcript and exhibits shall be deemed not to contain “CONFIDENTIAL” or “RESTRICTED
CONFIDENTIAL” documents or information. If any portion of a videotaped deposition is
designated pursuant to this Paragraph, the videocassette or other videotape or digital recording
shall be labeled with the appropriate legend.
10. Court Filings: Any documents or pleadings to be filed with the Court that contain
“CONFIDENTIAL” or “RESTRICTED CONFIDENTIAL” documents or information shall be
filed under seal and marked with the title of the action. “CONFIDENTIAL” or “RESTRICTED
CONFIDENTIAL” Information may be included with, or referred to in, papers filed with the Court
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where this case is now pending or in any other court only in accordance with the following
procedures:
(a) Both “CONFIDENTIAL” and “RESTRICTED CONFIDENTIAL” Information
must be filed under seal. Counsel for all parties shall follow all applicable local rules and customs
for the Court when filing “CONFIDENTIAL” or “RESTRICTED CONFIDENTIAL” Information
underseal.
(b) All papers filed with the Court, including but not limited to pleadings and
memoranda of law, which include, in their entirety or in part, any “CONFIDENTIAL” or
“RESTRICTED CONFIDENTIAL” Information must be filed under seal in accordance with the
terms and procedures set forth in this Order. Counsel for the party filing papers with
“CONFIDENTIAL” or “RESTRICTED CONFIDENTIAL” Information shall be responsible for
appropriately designating the papers filed with the Court as having “CONFIDENTIAL” or
“RESTRICTED CONFIDENTIAL” Information. Such papers shall be subject to the terms of this
Order.
11. Redacted Filings of Papers With Confidential Information. Redacted versions of
papers with “CONFIDENTIAL” or “RESTRICTED CONFIDENTIAL” Information filed under
seal may be filed with the Court in accordance with normal procedures and made publicly
available provided that:
(a) All “CONFIDENTIAL” and/or “RESTRICTED CONFIDENTIAL” Information
set forth in the papers is deleted or obscured; and
(b) Redacted versions of the papers are clearly marked “Public Version Confidential
Material Omitted.” Redacted versions of the papers also must clearly identify each place where
information or exhibits have been deleted.
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12. Notice Of Requests: Any Receiving Party that receives a request or subpoena for
the production or disclosure of documents or information that a Producing Party has designated as
“CONFIDENTIAL” or “RESTRICTED CONFIDENTIAL” under the terms of this Protective
Order shall, within three (3) business days after receipt of the subpoena or other compulsory
process, give the Producing Party written notice of the request or subpoena and forward a copy of
the request or subpoena. Provided that the Producing Party makes a timely motion or other
application for relief from the subpoena or other request in the appropriate forum, the Receiving
Party shall not produce or disclose the requested information without consent of the Producing
Party or until ordered to do so by a court of competent jurisdiction and after all appeals have been
exhausted.
13. Closed Proceedings: During portions of depositions at which documents or
information designated as “CONFIDENTIAL” or “RESTRICTED CONFIDENTIAL” are used,
persons who are not entitled to access to the “CONFIDENTIAL” or “RESTRICTED
CONFIDENTIAL” documents or information under the terms of this Protective Order shall be
excluded.
14. Contesting Designations: Nothing in this Protective Order shall be construed to
alter or affect the burdens of production, proof, or persuasion, nor shall anything in this Protective
Order be construed as a finding that documents or information designated as “CONFIDENTIAL”
or “RESTRICTED CONFIDENTIAL” were properly designated as such. Any Receiving Party
may object to a Producing Party’s designation by specifying the documents or information in issue
and the basis for questioning the designation in a written objection. A Receiving Party is not
obligated to challenge the propriety of a designation at the time made, and a failure to do so does
not preclude any subsequent challenge. If a Receiving Party objects in writing and the Producing
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Party does not agree to withdraw or alter the designation, the Receiving Party and the Producing
Party shall first attempt to resolve the issue informally. If the dispute is not resolved within ten
(10) days of service of a written Objection, the Receiving Party may file a motion contesting the
designation made relating to the documents or information at issue. The burden of establishing
that information has been properly designated as “CONFIDENTIAL” or “RESTRICTED
CONFIDENTIAL” is on the party making such designation. This Protective Order does not alter
the burden imposed by law on any party seeking to uphold any limitation on the production or
dissemination of materials. Pending a Court Order overruling the designation the information,
documents or materials shall continue to be subject to and treated as designated under the terms of
this Protective Order.
15. No Waiver: Review of documents or information designated as
“CONFIDENTIAL” or “RESTRICTED CONFIDENTIAL” by persons permitted access under the
terms of this Protective Order shall not waive the confidentiality of the documents or information.
The inadvertent or unintentional disclosure of or failure to designate “CONFIDENTIAL” or
“RESTRICTED CONFIDENTIAL” documents or information shall not be deemed a waiver, in
whole or in part, of the Producing Party’s claims of confidentiality. If a Producing Party fails to
designate “CONFIDENTIAL” or “RESTRICTED CONFIDENTIAL” documents or information
as such at the time of production or during the fifteen (15) day period for review of depositions,
the Producing Party may designate such documents under the terms of this Protective Order by (a)
notifying each Receiving Party in writing that “CONFIDENTIAL” or “RESTRICTED
CONFIDENTIAL” documents or information were disclosed without having been designated as
such within ten (10) business days of learning of that fact, specifically identifying the
“CONFIDENTIAL” or “RESTRICTED CONFIDENTIAL” documents or information that were
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disclosed and advising each Receiving Party of the appropriate designations and (b) providing
each Receiving Party with properly redesignated documents or information within ten (10)
business days of having provided such notice. Once the Producing Party provides notice as
outlined above, the materials shall be treated in accordance with the designation specified in the
Producing Party’s notice. Upon receipt of properly redesignated documents, the Receiving Party
shall return or certify the destruction of all unmarked or incorrectly designated documents and
other materials still under its control to the Producing Party within twenty (20) business days.
Other than as specified in this Protective Order, the taking of or the failure to take any action
to enforce the provisions of this Protective Order, or the failure to object to any designation or any
such action or omission, will not constitute a waiver of any right to seek and obtain protection or
relief in this action or any other action, such right including, but not limited to, the right to claim
that any information is or is not proprietary to any party or entitled to particular protection. The
procedure set forth herein does not affect the rights of parties to object to discovery on grounds
other than those related to confidential or proprietary information claims, nor does it relieve a party
of the necessity of proper response to discovery devices.
16. Unauthorized Disclosure: If a Receiving Party discovers that, whether through
inadvertence or otherwise, it has disclosed or provided documents or information designated as
“CONFIDENTIAL” or “RESTRICTED CONFIDENTIAL” to any person or entity not authorized
to review it under the terms of this Protective Order, the Receiving Party shall promptly (a) make
reasonable, best efforts to seek the return of the documents or information, (b) inform the
Producing Party of the disclosure and the relevant circumstances (including the identity of the
person or entity to whom disclosure was made), and (c) advise the recipient(s) of the provisions of
this Protective Order and request that they agree to its terms in writing by signing the certification
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attached as Exhibit A. This paragraph does not limit the remedies that the Producing Party may
pursue for breach of this Protective Order.
17. Termination of the Litigation: After termination of the Litigation, counsel for a
Receiving Party may, subject to the terms of this Protective Order, retain (a) deposition transcripts
and exhibits, Court transcripts and exhibits, and documents and other materials submitted to the
Court that were designated as “CONFIDENTIAL” or “RESTRICTED CONFIDENTIAL”; and
(b) attorney work product based on, containing, or reflecting documents or information designated
as “CONFIDENTIAL” or “RESTRICTED CONFIDENTIAL” under this Protective Order. Except
as provided above, within sixty (60) days after the termination of the Litigation, the Receiving
Party’s counsel shall either (i) return to the Producing Party's counsel or (ii) provide written
certification of the destruction of all documents or information designated as “CONFIDENTIAL”
or “RESTRICTED CONFIDENTIAL,” including any copies. Termination, as used in the prior
sentence, includes the conclusion of any appeal(s) and the time for filing any appeal(s).
18. Non-Parties: A person or entity that is not a party in the Litigation shall be entitled
to the protections afforded herein by signing a copy of this Protective Order and serving same on
all counsel of record.
19. Certifications: Executed copies of the certification attached hereto as Exhibit A
shall be maintained by the person or party who caused the certification to be executed.
Certifications executed by any individual other than a consultant to a party shall be served upon
all other counsel within ten (10) business days of execution.
20. Admissibility and Discoverability: Nothing in this Protective Order shall be
construed to be an admission of relevance or to affect, in any way, the admissibility or
discoverability of any documents, testimony or other evidence in the Litigation. This Protective
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Order is without prejudice to the right of any party to bring before the Court at any time the
question of whether any particular information is or is not admissible or discoverable.
21. Other Relief: Nothing in this Protective Order shall prevent a party from applying
to the Court for relief therefrom, from applying to the Court for modification of this Order, or from
seeking additional or different protections for confidential information.
22. Trial or Hearings: The parties contemplate that procedures for the treatment and
use of “CONFIDENTIAL” or “RESTRICTED CONFIDENTIAL” documents and information at
trial or other hearings before the Court. Counsel shall confer with the Court regarding procedures
to protect the confidentiality of any material marked, labeled, or otherwise designated
“CONFIDENTIAL” or “RESTRICTED CONFIDENTIAL” that a party or any of its witnesses
may use, refer to, disclose, or admit into evidence during trial or any hearing in this Litigation.
23. Confidential Information of Third Parties: This Protective Order does not
address, authorize, or require a Producing Party to disclose confidential information regarding
third parties where such disclosure is barred by statute, rule, regulation, common law, or written
agreement. If discovery is sought of a person not a party to this Litigation (third party) requiring
disclosure of such third party’s “CONFIDENTIAL” or “RESTRICTED CONFIDENTIAL”
Information, the “CONFIDENTIAL” and/or “RESTRICTED CONFIDENTIAL” Information
disclosed by any such third party will be accorded the same protection as the parties’
“CONFIDENTIAL” or “RESTRICTED CONFIDENTIAL”, and will be subject to the same
procedures as those governing disclosure of the parties’ “CONFIDENTIAL” or “RESTRICTED
CONFIDENTIAL” Information pursuant to this Order.
24. Expert Materials. Discovery of communications between counsel and any
independent expert retained or specially employed by that counsel for purposes of this Litigation
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shall be limited to the factual information, analyses, documents, and/or data relied on by the expert
in rendering the opinions expressed in an expert report or at trial. Except as otherwise provided
herein, all communications between counsel and the expert relating to the process of preparing an
expert report or developing opinions for trial, including all preliminary or draft reports, expert
working papers, notes, and communications relating thereto, shall be deemed exempt from
discovery and use at trial.
(a) Experts and Consultants. Prior to a party giving, showing, disclosing, making
available or communicating “CONFIDENTIAL” or “RESTRICTED CONFIDENTIAL”
Information to any expert or consultant (e.g., a person or entity that conducts testing or other
analysis but does not prepare an expert report) under Paragraph 2 above, the party shall do the
following. For the avoidance of doubt, this provision does not apply to the categories of
individuals listed in Paragraphs 6(f) above:
(i) Serve a notice on all other parties, identifying the expert or consultant and the
expert’s or consultant’s business address, business telephone numbers, present employer and
position (along with a job description), consulting activities and job history for the past three years,
and past or present relationship, if any, with any parties in this Litigation and their affiliates.
Furthermore, the most recent curriculum vitae or resume of the expert or consultant shall be
provided under this section. If the most recent curriculum vitae or resume of the expert or
consultant provides the information required under this paragraph, then the information need not
be separately provided.
(ii) Include with such notice, a copy of the Acknowledgment of Protective Order, in
the form shown in Exhibit A, which is attached hereto, signed by the expert or consultant and
including all the information to be completed therein. The notified parties shall be entitled to
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object to disclosure of “CONFIDENTIAL” or “RESTRICTED CONFIDENTIAL” Information to
the expert or consultant within five (5) business days after receipt of the Acknowledgment of
Protective Order by stating specifically in writing the reasons why such expert or consultant should
not receive “CONFIDENTIAL” or “RESTRICTED CONFIDENTIAL” Information.
(iii) If the parties are unable to agree on disclosure to the expert or consultant, the party
objecting to such expert or consultant may apply to the Court for an order that disclosure is
improper within ten (10) business days of its objection. The burden of establishing the validity of
such written objections rests with the objecting party. If the objecting party does not apply to the
Court within the prescribed period, the objection shall be deemed withdrawn.
(iv) No disclosure of “CONFIDENTIAL” or “RESTRICTED CONFIDENTIAL”
Information shall be made to the proposed expert or consultant until the time for serving objections
to that expert or consultant has passed, or, in the event that a written objection is timely served and
a motion to prevent disclosure is filed, until such time as the Court has made a ruling thereon, and
then, only in accordance with such ruling.
(v) The filing and pendency of objections shall not limit, delay, or defer any disclosures
of “CONFIDENTIAL” or “RESTRICTED CONFIDENTIAL” Information to persons as to whom
no such objection has been made, nor shall it delay or defer any other pending discovery unless
the level of confidentiality bears directly on the objecting party’s ability to conduct such discovery.
25. Modification of This Protective Order: This Protective Order is without prejudice
to the right of any Producing Party to seek relief from the Court, upon good cause shown, from, or
to seek to modify, any of the provisions contained herein. This Protective Order is also without
prejudice to the right of any Producing Party to assert that certain confidential business information
should be protected from disclosure altogether, which assertion shall be made through motion
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practice should the discharge of meet-and-confer obligations by the parties fail to resolve any
dispute regarding the assertion. In the event that any party in this Litigation seeks a court order
that in any way seeks to vary the terms of this Protective Order, said party must make such request
in the form of a written stipulation or noticed motion to all parties that must be served and filed in
accordance with the local rules. This Protective Order may be amended by way of a proposed
Consent Order agreed to by the parties and subject to the Court's approval and entry, or, if the
parties do not consent, by way of motion filed and served in accordance with the local court rules,
or as otherwise directed by the court.
26. Privileged and Protected Information: This Protective Order does not authorize or
require a Producing Party to disclose documents or information protected by or subject to claims
of privilege or protection, including but not limited to the attorney-client privilege, work product
protection, and joint defense or common interest privilege. If a Producing Party inadvertently or
mistakenly produces documents or information subject to a claim of privilege or protection, such
production will not waive applicable claims of privilege or protection. After (a) written notice
identifying privileged or protected documents that were inadvertently or mistakenly produced and
(b) receipt of a privilege log relating to such documents, the Receiving Party shall: (i) return or
certify the destruction of all such documents within ten (10) business days and (ii) destroy any
work product or portions of any work product containing or reflecting their contents.
27. Other Proceedings. By entering this order and limiting the disclosure of
information in this case, the Court does not intend to preclude another court from finding that
information may be relevant and subject to disclosure in another case. Any person or party subject
to this order who becomes subject to a motion to disclose another party’s information designated
“confidential” [the parties should list any other level of designation, such as “highly confidential,”
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which may be provided for in the protective order] pursuant to this order shall promptly notify that
party of the motion so that the party may have an opportunity to appear and be heard on whether
that information should be disclosed.
28. Binding: This Protective Order is binding on the parties to the Litigation and their
attorneys, successor attorneys, personal representatives, executors, administrators, special
administrators, legal representatives, assigns, subsidiaries, divisions, employees, and agents.
29. Survival: This Order and the Court’s jurisdiction to enforce it shall survive the
termination of the Litigation and shall continue in full force and effect thereafter.
The Court directs the Clerk to forward a certified copy of this Order to counsel of record.
[Remainder of Page Intentionally Left Blank. Signatures Appear on Following Page.]
_________________
BUCHANAN INGERSOLL
& ROONEY PC
/s/ Geoffrey G. Grivner
Geoffrey G. Grivner (No. 4711)
Kody M. Sparks (No. 6464)
500 Delaware Avenue
Suite 720
Wilmington, DE 19801
(302) 552-4200
geoffrey.grivner@bipc.com
kody.sparks@bipc.com
Attorneys Plaintiff CBV, Inc.
BAYARD, P.A.
/s/ Stephen B. Brauerman
Stephen B. Brauerman (No. 4952)
Ronald P. Golden III (No. 6254)
600 North King Street
Suite 400
Wilmington, DE 19801
(302) 655-5000
sbrauerman@bayardlaw.com
rgolden@bayardlaw.com
Attorneys for Defendant ChanBond, LLC
TROUTMAN PEPPER
HAMILTON SANDERS LLP
/s/ James H. S. Levine
James H. S. Levine (No. 5355)
Hercules Plaza, Suite 5100
1313 N. Market Street
P.O. Box 1709
Wilmington, DE 19899-1709
302.777.6500
james.levine@troutman.com
Attorneys for Deirdre Leane and IPNAV,
LLC
IT IS SO ORDERED, on this ____ day of _______________, 2022,
_____________________________________
The Honorable Maryellen Noreika
Case 1:21-cv-01456-MN Document 143 Filed 08/24/22 Page 18 of 19 PageID #: 6651
https://storage.courtlistener.com/recap/gov.uscourts.ded.76834/gov.uscourts.ded.76834.143.0.pdf
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