IN THE UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION
CAR CHARGING GROUP, INC. a Nevada )
Corporation and 350 HOLDINGS, LLC, )
a Florida limited liability company )
)
Plaintiffs, ) Case No. 13 CV 03124
)
v. ) Judge Elaine E. Bucklo
)
JNS HOLDING CORPORATION, )
a Delaware Corporation, and )
JNS POWER & CONTROL )
SYSTEMS, INC., an Illinois Corporation )
)
Defendants. )
)
)
JNS POWER & CONTROL SYSTEMS, INC., )
an Illinois Corporation, ) Case No. 13 CV 04020
)
Plaintiff, ) Reassigned for relatedness to
)
v. ) Judge Elaine E. Bucklo
)
350 GREEN, LLC, a Virginia limited )
liability company, )
)
Defendant. )
AGREED PROTECTIVE ORDER
Pursuant to Rule 26(c) of the Federal Rules of Civil Procedure, and for the reasons set
forth herein, IT IS HEREBY ORDERED:
1. Defined Terms. The following words and terms are defined for purposes of this
Protective Order:
1
Case: 1:13-cv-03124 Document #: 38 Filed: 07/19/13 Page 1 of 12 PageID #:354A. “Party” or “Parties” refers to Car Charging Group, Inc., 350 Holdings,
LLC, 350 Green, LLC, JNS Holding Corporation, and JNS Power & Control Systems, Inc.
B. “Lawsuits” refers to Car Charging Group, Inc., et al. v. JNS Holding
Corporation, et al. (N.D. Ill. Case No. 13 CV 03124) and/or JNS Power & Control Systems, Inc.
v. 350 Green, LLC (N.D. Ill. Case No. 13 CV 04020).
C. “Document(s)” shall include all forms of information delineated in Rules
26, 33, 34 and 45 of the Federal Rules of Civil Procedure (“Rule(s)”), including, but not limited
to, any and all written, recorded, electronic or graphic matter, produced by a Party or non-party
pursuant to discovery or agreement in the Lawsuits, and also includes deposition transcripts and
exhibits and/or any portion of any court filings that quote from or summarize any of the
foregoing.
2. Protected Information. Any Party or non-party, whether acting on its own or
through counsel, may designate any Document, thing or testimony that it produces or provides in
discovery, or in settlement communications, as “CONFIDENTIAL” or “ATTORNEY’S EYES
ONLY” to the extent such Document, thing or testimony contains or discloses information which
the Party or non-party reasonably believes justifies a CONFIDENTIAL or ATTORNEY’S EYES
ONLY designation. Without limiting the generality of the foregoing:
A. CONFIDENTIAL information is a Party’s or non-party’s:
i. confidential contracts, agreements, invoicing and purchase orders
with its clients, subcontractors, vendors and other non-parties;
ii. confidential and proprietary business and financial information,
business and financial plans and marketing plans;
2
Case: 1:13-cv-03124 Document #: 38 Filed: 07/19/13 Page 2 of 12 PageID #:355iii. confidential and proprietary technical information or
specifications;
iv. trade secrets; and
v. any other information, the public disclosure of which is likely to
have the effect of causing substantial harm to the competitive
position of the Party or non-party from whom the information is
obtained or to whom the information pertains.
B. ATTORNEY’S EYE’S ONLY information is information of such a
sensitive nature that a Party reasonably fears, in good faith, that it would, or might reasonably
have a tendency to:
i. cause harm or competitive injury to the business operations of the
disclosing Party or non-party if disclosed to the public or other
Party without the restrictions set forth herein; or
ii. provide improper advantage to others if disclosed to the public or
other Party without the restrictions set forth herein.
The information contained or disclosed in any Document, thing or testimony which has been
designated CONFIDENTIAL or ATTORNEY’S EYES ONLY in accordance with this
Protective Order shall be referred to collectively as “Protected Information”.
3. Procedure For Designating Documents. Unless the Parties agree to an alternate
procedure, any Document delivered to or served on any Party may be designated
CONFIDENTIAL or ATTORNEY’S EYES ONLY by affixing the legend “CONFIDENTIAL”
or “ATTORNEY’S EYES ONLY” to either the first page or to every page of the Document, or
by any other means in writing that reasonably informs the receiving Party of the designation
given to a Document (or group of Documents) by the producing Party. All correspondence,
legal memoranda, motion papers, pleadings and other written material which quote or refer to
the substance of any Protected Information shall also be treated as such in accordance with the
provisions of this Protective Order, and such Documents shall be marked in accordance with this
paragraph. No Document containing a confidential designation shall be copied in whole or in
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Case: 1:13-cv-03124 Document #: 38 Filed: 07/19/13 Page 3 of 12 PageID #:356part without the “CONFIDENTIAL” or “ATTORNEY’S EYES ONLY” designation appearing
on the copy.
4. Inadvertent Failure To Designate. If a Party, through inadvertence, produces any
Protected Information without labeling or marking or otherwise designating it as
CONFIDENTIAL or ATTORNEY’S EYES ONLY in accordance with the provisions of this
Protective Order, the producing Party may give written notice to the receiving Party that the
Document or thing produced is deemed Protected Information and should be treated as such in
accordance with the provisions of this Protective Order. The receiving Party must treat such
Documents and things as Protected Information from the date such notice is received.
Disclosure of Protected Information by the receiving Party, prior to the receipt of such notice, to
persons not authorized to receive Protected Information shall not be deemed a violation of this
Protective Order; provided, however, that the receiving Party making such disclosure shall
promptly notify the producing Party in writing of all such persons to whom such prior disclosure
was made.
5. Procedure For Designating Deposition Testimony. If any Party or non-party
believes that Protected Information belonging to it has been or may be disclosed in the course of
any deposition (whether through any question, answer, colloquy and/or exhibit), then such Party
or non-party may designate the deposition, portion thereof, or exhibit as Protected Information
by stating on the record of the deposition that such deposition, portion thereof, or exhibit is
Protected Information, or by providing written notice designating the pages of the deposition
transcript as Protected Information. Where a claim of confidentiality is made at any deposition,
any Party(ies) or non-party(ies) in attendance who, by virtue of the terms of this Protective Order
do not have access to such Protected Information, shall be excluded from attendance at the
4
Case: 1:13-cv-03124 Document #: 38 Filed: 07/19/13 Page 4 of 12 PageID #:357portion or portions of the deposition at which such Protected Information will be or might be
disclosed. If any of the depositions, portions thereof, or exhibits are identified as Protected
Information, then all originals, copies and synopses thereof shall be marked in accordance with
this Protective Order.
6. Restrictions on Use and Disclosure of Protected Information. All Protected
Information obtained by, on behalf of, or from any Party or non-party through discovery in the
Lawsuits, and any summaries, abstracts, or indices thereof, shall be used by the Party who
receives such information solely for the purposes of the Lawsuits (including any enforcement or
appeal actions) and for no other purpose. Unless otherwise authorized by the designating Party
or non-party or ordered by this Court, or as required by law, court order, subpoena, or other valid
legal process, the receiving Party shall not make Protected Information public, shall not use
Protected Information in any other civil action or administrative proceeding, and shall not
disclose or divulge Protected Information which has not become public (other than in violation
hereof) to anyone except as permitted in this Protective Order. If a Party is served with a
subpoena, or is subject to law, court order or other legal process, that would or may require
disclosure of Protected Information pursuant thereto, such Party shall promptly notify the
designating Party or non-party of same so that the designating Party or non-party may elect to
take such action as it deems appropriate in connection with such law, court order, subpoena, or
other legal process. No Party or non-party shall be deemed to have violated this Protective
Order by responding in good faith to any such law, court order, subpoena, or other legal process,
so long as the Party has promptly notified the designating Party or non-party of the court order,
subpoena, or other legal process.
5
Case: 1:13-cv-03124 Document #: 38 Filed: 07/19/13 Page 5 of 12 PageID #:3587. Permitted Disclosure of Protected Information. Any information which has been
designated as Protected Information in accordance with this Protective Order shall not be
disclosed to anyone except as follows:
A. Any Protected Information that it has been marked as CONFIDENTIAL shall not
be disclosed to anyone except:
i. Independent attorneys with responsibility for this matter who are
then of record for each Party and the partners and associate
attorneys of their respective law firms;
ii. Any outside expert or consultant for each Party; provided,
however, that all such outside experts or consultants shall first
have executed an Undertaking in the form of Exhibit A attached
hereto, which Undertaking shall remain in the possession of
counsel for the Party which has retained such outside expert or
consultant;
iii. The officers, directors or other employees of the receiving Party
when, in the bona fide judgment of counsel, such disclosure is
required for the prosecution or defense of the Lawsuits; provided,
however, that each such individual shall first have executed an
Undertaking in the form of Exhibit A attached hereto, which
Undertaking shall remain in the possession of counsel of record for
the receiving Party;
iv. Law clerks, paralegals and stenographic, support and clerical
employees of the persons identified in paragraphs 7(A)(i) and (ii)
hereof whose functions require them to have access to the
Protected Information;
v. With respect to any particular Document designated as Protected
Information, any person who is named on the face of such
Document as having been its author or one of its recipients, or who
appears from other Documents or testimony to have been a
recipient of such Document;
vi. This Court, including personnel who are authorized by the Court to
review such Protected Information;
vii. Any stenographer or court reporter present in his or her official
capacity at any hearing, deposition, or other proceeding in the
Lawsuits; and
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vendor retained by counsel for any Party.
B. Any Protected Information which has been designated as ATTORNEY’S
EYES ONLY in accordance with this Protective Order shall not be disclosed to anyone except to
the persons identified in 7(A)(i), (ii) and (iv)-(viii) above.
8. Disclosure at Deposition. Any deposition witness who is not identified in
paragraph 7 and who is shown a Document marked CONFIDENTIAL or ATTORNEY’S EYES
ONLY shall, on the deposition record, be given a copy of the Protective Order prior to disclosure
and shall thereafter be subject to the terms of this Protective Order regarding the portions of such
Document designated as Protected Information.
9. Filing Protected Information with the Court. No restricted or sealed Document is
to be filed with the Clerk of the Court unless leave of court to file the particular Document(s) is
specifically obtained by the Court.
10. Disclosure at Hearing or Trial. The use of Protected Information at any hearing
or trial of the Lawsuits will be the subject of a further order of this Court.
11. Designation Not Conclusive. The designation of any Document, thing or
testimony as Protected Information is intended solely to facilitate preparation for the trial,
hearing or settlement of the Lawsuits, and the treatment of any Document, thing or testimony
designated as such shall not be construed as an admission or an agreement that the designated
Document, thing or testimony contains or discloses any trade secret or confidential information
in contemplation of law. No Party shall be obligated to challenge the propriety of any such
designation, and any failure to do so shall not preclude a subsequent attack on the propriety of
any CONFIDENTIAL or ATTORNEY’S EYES ONLY designation.
7
Case: 1:13-cv-03124 Document #: 38 Filed: 07/19/13 Page 7 of 12 PageID #:36012. Relief Available. By agreeing to the entry of this Protective Order, the
discovering Party does not waive its right to make application to the Court, with proper notice,
under the procedure set out by the Court or under applicable rules, to the responding Party and
other Parties to the litigation, for a determination that any Document designated as Protected
Information does not contain sensitive and non-public information, or that in certain
circumstances the information should be released from the provisions of this Protective Order. If
a dispute does arise concerning the propriety of designating particular Documents as Protected
Information, whether certain Documents or information should be released from the provisions
of this Protective Order, or concerning any other matter relating to the application of this Order,
counsel shall attempt to resolve the dispute by agreement before asking the Court to resolve the
dispute pursuant to the applicable Federal Rules of Civil Procedure and LR37.2. The standard
relevant to this determination is that of “good cause” under Rule 26(c).
13. Procedure Upon Termination of Action. Within sixty (60) days of the final
determination of this action, including all appeals, and unless otherwise agreed to in writing by
counsel, each Party shall (a) return to the designating Party any original Documents and things
constituting Protected Information, and (b) at the election of the designating Party, either certify
in writing that the remaining copies of such Documents and things have been destroyed or return
them to the designating Party. Notwithstanding the foregoing, the attorneys of record for each
Party may retain all pleadings, briefs, memoranda, motions, and other Documents containing
their work product which refer to or incorporate Protected Information and will continue to be
bound by the terms of this Protective Order with respect to all such retained information.
14. Custody of Protected Information. Documents and things designated as
containing Protected Information, and any copies or extracts thereof, shall be retained in the
8
Case: 1:13-cv-03124 Document #: 38 Filed: 07/19/13 Page 8 of 12 PageID #:361custody of the attorneys of record during the pendency of this action, except as reasonably
necessary to provide access to persons authorized under the provisions of this Protective Order.
15. Transmission of Protected Information. Parties may transmit or communicate
Protected Information to any persons permitted to review or receive such Protected Information
under this Protective Order by hand delivery; face-to-face conference; in sealed envelopes or
containers via mail or an established freight, delivery or messenger service; or by telephone,
telegram, facsimile, email or other electronic transmission system, if under the circumstances,
there is no reasonable likelihood that the transmission will be intercepted and misused.
16. Additional Agreements.
A. Nothing in this Protective Order shall be deemed a waiver of the right of
any Party to object to a request for discovery on the basis of relevance, materiality, privilege,
overbreadth or any other recognized objection to discovery.
B. This Protective Order may be modified by further written stipulation
signed by the Parties with approval of this Court or by further order of this Court upon
application to the Court with notice.
ENTERED: _________________________
Elaine E. Bucklo
United States District Judge
DATED: July 19, 2013
9
Case: 1:13-cv-03124 Document #: 38 Filed: 07/19/13 Page 9 of 12 PageID #:362EXHIBIT A
IN THE UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION
CAR CHARGING GROUP, INC. a Nevada )
Corporation and 350 HOLDINGS, LLC, )
a Florida limited liability company )
)
Plaintiffs, ) Case No. 13 CV 03124
)
v. ) Judge Elaine E. Bucklo
)
JNS HOLDING CORPORATION, )
a Delaware Corporation, and )
JNS POWER & CONTROL )
SYSTEMS, INC., an Illinois Corporation )
)
Defendants. )
)
)
JNS POWER & CONTROL SYSTEMS, INC., )
an Illinois Corporation, ) Case No. 13 CV 04020
)
Plaintiff, ) Reassigned for relatedness to
)
v. ) Judge Elaine E. Bucklo
)
350 GREEN, LLC, a Virginia limited )
liability company, )
)
Defendant. )
UNDERTAKING
I, _____________________, having been duly sworn upon oath, depose and state as
follows:
1. I have read and know the contents of the Agreed Protective Order (“Protective
Order”) entered by the Court in the above-captioned case on , 2013.
2. I am one of the persons described in paragraph 7 of the Protective Order and I am
executing this Undertaking and agreeing to enter into this stipulation in order to satisfy the
10
Case: 1:13-cv-03124 Document #: 38 Filed: 07/19/13 Page 10 of 12 PageID #:363conditions provided in paragraph 7 of the Protective Order prior to the disclosure to me of any
Protected Information as said term is defined and described in the Protective Order.
3. I expressly represent and agree that:
(a) I have read and shall be fully bound by the terms of the Protective Order;
(b) All Protected Information disclosed to me pursuant to the Protective
Order shall be maintained by me in strict confidence;
(c) I shall not disclose or use the original or any copy of, or the contents or the
subject matter of, any Protected Information except in accordance with the
Protective Order at anytime hereinafter; and
(d) I shall, upon being notified of the termination of the Lawsuits, as defined in the
Protective Order, proffer the return of all copies of all Protected Information to
the counsel having designated such documents and/or information confidential, or
to the counsel providing the Protected Information to me for purposes of
returning the Protected Information to the counsel having designated such
documents and/or information confidential pursuant to the terms of the
Protective Order.
4. I do and shall subject myself to the continuing jurisdiction of the United States
District Court for the Northern District of Illinois, Eastern Division over my person, wherever I
shall be, for the enforcement of any United States District Court’s order to be entered pursuant to
the Protective Order or this Undertaking.
FURTHER AFFIANT SAYETH NOT.
Pursuant to 28 U.S.C. § 1746, I declare under penalty of perjury under the laws of the United States
of America that the foregoing is true and correct.
Executed on this _____ day of_____________, 2013
AI
