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Olenicoff v. UBS AG

November 10, 2010

IGOR OLENICOFF, AN INDIVIDUAL; OLEN PROPERTIES CORP., A FLORIDA CORPORATION, PLAINTIFF,
v.
UBS AG, A FOREIGN SWISS CORPORATION, ET AL. DEFENDANTS.



The opinion of the court was delivered by: Honorable Andrew J. Guilford

ORDER RE CONFIDENTIAL AND PROPRIETARY INFORMATION

Pending before the Court is the Parties Stipulation Regarding Privileged and Confidential Information. Plaintiffs Igor Olenicoff and Olen Properties Corporation allege claims for relief against 39 Defendants, concerning Plaintiffs' international banking and investment accounts. The Plaintiffs and Defendants (collectively the "parties") have already served discovery requests in the above-captioned action ("Action"), which may seek the disclosure of confidential business and proprietary material, as well as personal financial information. Pursuant to the parties' stipulation, the Court recognizes that a protective order is necessary to protect this confidential information and to provide the parties with a mechanism for avoiding a waiver of privilege or any other applicable evidentiary doctrine as a result of inadvertent disclosure. For these reasons, the Court hereby enters the following Order for the Protection of Confidential and Proprietary Material ("Order") in this Action.

Scope of the Order

1. a. The provisions of this Order shall apply to (i) the parties (including any later-added parties to the Action who agree in writing to be bound by the terms of the Order); and (ii) any other person producing or disclosing documents and/or information who agrees to be bound by the terms of the Order and who so notifies the parties in a writing transmitted to all parties, in the form annexed hereto as Exhibit A. As used herein, "person" includes the parties and other persons and entities who have agreed to be bound by this Order; and "parties" includes any later-added parties to the Action who agrees in writing to be bound by the terms of the Order.

b. The restrictions contained in this Order shall apply to all "material," defined as all documents (including all copies, excerpts, compilations, and summaries thereof, whether in hard copy, on magnetic media, or in any other medium of representation) and any other information of any kind.

c. The restrictions contained in the Order shall apply to any and all disclosures made pursuant to Fed. R. Civ. P. 26, or discovery taking place after the initiation of this Action.

Designation and Disclosure of Confidential Material

2. a. Any person may designate as "CONFIDENTIAL" any document or response to discovery which that person has a good-faith belief contains sensitive commercial, financial, private, or business information, the public disclosure of which may have an adverse effect on the commercial, business, or financial position of the person producing it, or if a third party to the action.

b. "CONFIDENTIAL" material shall be used only for purposes of this Action and not for any business, competitive, governmental, or other purpose or function whatsoever, and shall not be given, shown, made available, communicated, or disclosed in any way to anyone except where it is necessary that such material be given or shown for purposes of this Action, and then, only as set forth herein.

c. "CONFIDENTIAL" material shall not be disclosed or made available in any way, in whole or in part, to anyone other than the following: (i) each party; (ii) each parties' current or former officers, directors, and/or employees only to the extent that their assistance is in good faith deemed necessary by counsel for purposes of this Action; (iii) the parties' outside counsel of record in this Action (including such counsel's regular and temporary employees and independent contractors and such counsel's in-house and outside copy services to whom it is deemed necessary that the material be shown for purposes of this Action); (iv) graphics, design, jury-consulting, and/or trial-consulting services retained by the parties' outside counsel of record in this Action to whom it is deemed necessary that the material be shown for purposes of this Action; (v) the parties' in-house counsel and their administrative and legal assistants; (vi) the parties' representatives at depositions, hearings, and/or other proceedings; (vii) witnesses, including deponents, at depositions, hearings, or other proceedings; (viii) the author of the material or anyone identified on the material as having received it in the ordinary course of business; (ix) bona fide outside experts and consultants retained by the parties or their outside counsel for purposes of this Action ("Experts"); (x) court reporters, videographers, and interpreters employed in connection with this Action; and (xi) the Court and any of its employees. Prior to disclosing "CONFIDENTIAL" materials to any person pursuant to paragraphs 2(c)(i), 2(c)(ii), 2(c)(iv), 2(c)(vi), 2(c)(vii) and 2(c)(ix), above, the disclosing party must obtain the person's written agreement, in the form annexed hereto as Exhibit A, to be bound by the provisions of this Order.

i. If an Expert has not been identified or disclosed as an expert witness pursuant to any applicable Federal Rule of Civil Procedure or Federal Rule of Evidence, counsel for the party consulting with or retaining the expert ("retaining party") shall maintain the original executed Exhibit A in its files until the conclusion of this Action including any appeals related thereto, at which time the retaining party, upon receipt of a written demand from the person or party who designated the materials "CONFIDENTIAL" ("designating party"), shall provide a copy of the executed Exhibit A to the designating party.

ii. If or when the Expert has been identified or disclosed as an expert witness pursuant to any applicable Federal Rule of Civil Procedure or Federal Rule of Evidence, the retaining party shall serve (i) a copy of the executed Exhibit A; (ii) the name, address, and usual employment affiliation; and (iii) a current resume or curriculum vitae of the Expert on the designating party. Within five (5) court days of the receipt of such material, the designating party shall notify the retaining party in writing of any objection to the disclosure of such material to the Expert. If the designating party and retaining party are subsequently unable to agree, the designating party may make a motion to the Court within ten (10) days of serving its objection (or at a later time if agreed in writing by counsel for the designating and retaining parties).

Access To Confidential Material

3. All parties shall make all reasonable efforts to ensure that no material designated pursuant to Paragraph 2, above, no copies or extracts there from, and no compilations or summaries thereof are made available in any manner, in whole or in part, to anyone other than those designated persons set forth in this Order as persons properly having access thereto.

Disclosure of Confidential Material To Persons Not Provided for in This Order

4. Any party may request at any time permission to disclose "CONFIDENTIAL" material to a person other than those permitted under Paragraph 2, above, by serving a written request upon the designating person or its counsel identifying the material it wishes to disclose, to whom, and the reasons related thereto. All other parties to the Action shall be notified as well. The designating person or its counsel shall thereafter respond to the request in writing within ten (10) business days of service of such written request and, if consent is being withheld, shall state the reasons why consent is being withheld. A failure to respond within such time shall constitute consent to the request. If, where consent has been withheld, the party and the designating person are subsequently unable to agree on the terms and conditions of disclosure, disclosure may be made only on such terms as the Court may provide.

Method of Designation of Confidential Material

5. Designation pursuant to Paragraph 2, above, shall be accomplished by employing, respectively, the ...


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