LARRY BROWN, INDIVIDUALLY AND ON BEHALF OF ALL OTHERS SIMILARLY SITUATED, Plaintiff,
CHINA INTEGRATED ENERGY, INC., et al., Defendants.
PAUL L. ABRAMS, Magistrate Judge.
IT IS HEREBY ORDERED that:
1. This Protective Order governs information given or received through testimony, depositions and/or discovery in this action, regardless of the origin of such information, that is confidential, proprietary and/or trade secret information. The provisions of this Protective Order shall apply to the parties to this action and any other person producing, receiving, or disclosing material in this action who agrees to be bound by the terms of this Protective Order.
2. The parties to this Protective Order are: (a) Lead Plaintiff Puerto Rico Teachers Retirement System and Plaintiff Bristol Investment Fund, Ltd., individually and on behalf of all others similarly situated represented by their respective attorneys; and (b) Defendants China Integrated Energy, Inc., Xincheng Gao, Gaihong Li, Junrong Guo, Albert C. Pu, Larry Goldman, Christopher Wenbing Wang, and Sherb and Co., LLP represented by their respective attorneys. An individual or organization that ceases to be a party to this lawsuit is bound to adhere to all obligations arising under and all acts taken pursuant to this Protective Order prior to the time he, she, or it ceases to be a party.
3. This Protective Order shall govern information produced during this action relating to revenues, profits and financials of the parties, information regarding corporate strategy, and other information which the parties in good faith believe contains or constitutes trade secrets or material non-public, competitively sensitive proprietary or confidential information ("Protected Material") in accordance with the processes set forth in this Protective Order. Protected Material under the terms of this Order includes information which has not been made public and which concerns or relates to the processes, operations, or to the production, sales, shipments, purchases, transfers, identification of customers, inventories, amount or source of any income, profits, losses, or expenditures of any persons, firm, partnership, corporation, or other organization, the disclosure of which information may have the effect of causing harm to the competitive position of the person, firm, partnership, corporation, or to the organization from which the information was obtained. The public disclosure of particular business negotiations or terms of sale and distribution will be detrimental to the future business of Defendants, and the parties seek limited protections from the Court to prevent the disclosure of this confidential information.
4. Any party or other person who agrees to be bound by the terms of this Protective Order may designate for protection hereunder information that is produced or provided in connection with this case orally during testimony at depositions, in writing through the production of documents, or otherwise during pre-trial proceedings that such party or other person reasonably believes to be confidential or private in nature, and the information so designated shall be subject to the provisions of this Protective Order.
5. Protected Material may be designated by the party producing it as either: (a) "CONFIDENTIAL" or as (b) "HIGHLY CONFIDENTIAL."
Each Party or Non-Party that designates information or items for protection under this Order must take care to limit any such designation to specific material that qualifies under the appropriate standards. The Designating Party must designate for protection only those parts of material, documents, items, or oral or written communications that qualify - so that other portions of the material, documents, items, or communications for which protection is not warranted are not swept unjustifiably within the ambit of this Order.
Mass, indiscriminate, or routinized designations are prohibited. Designations that are shown to be clearly unjustified or that have been made for an improper purpose (e.g., to unnecessarily encumber or retard the case development process or to impose unnecessary expenses and burdens on other parties) expose the Designating Party to sanctions. If it comes to a Designating Party's attention that information or items that it designated for protection do not qualify for protection, that Designating Party must promptly notify all other Parties that it is withdrawing the mistaken designation.
6. Designation of Protected Material produced through documents or responses to written discovery shall be designated by a notice in writing placed on such Protected Material. Any party may designate documents or responses to written discovery as Protected Material at any time after production by serving all parties, through their counsel, with notification of such designation. Documents or responses to written discovery designated as Protected Material after their initial production shall be treated as Protected Material after receipt of notice of that designation. Failure to designate Protected Material at the time of production shall not be deemed to waive any right to so designate or to preclude any later designation. Upon receipt of notification of designation, counsel in possession of information or materials to be designated shall mark all such information and materials as directed by the designating party. Inadvertent production of privileged or Protected Materials shall not be deemed to have waived any privilege, protection, or immunity with respect to such production or to other materials or information referred to in or related to the materials produced. The Receiving Party shall take reasonable steps to return inadvertently produced privileged documents after they are identified by the producing party as inadvertently produced privileged documents and all copies of inadvertently produced privileged documents, and shall certify in writing that it has done so.
7. This Protective Order applies to documents, responses to written discovery, including interrogatories, requests for admission and subpoenas, expert reports, and deposition testimony and exhibits thereto ("Discovery Materials"). The term "Documents" is defined as every means of recording any form of communication or representation upon any tangible thing, including letters, words, pictures, sounds, or symbols, or combinations thereof, whether recorded by handwriting, printing, photostatic, or photographic means, magnetic impulse, tape, computer disk, CD-ROM or any other form of data storage, data compilation, or mechanical or electronic recording, and all other tangible things, including writings, drawings, graphs, charts, photographs, sound recordings, images, and other data or data compilations stored in any medium from which information can be obtained, which come within the meaning of "writing" contained in Rule 1001 of the Federal Rules of Evidence, or within the meaning of "document" or "tangible" contained in Rule 32 of the Federal Rules of Civil Procedure.
8. A party or other person bound by this Protective Order ("Designating Party") may designate Discovery Materials, including those produced by non-parties, as "CONFIDENTIAL" or "HIGHLY CONFIDENTIAL" by:
a. Stamping or inscribing on each page of the pertinent Discovery Materials the words "CONFIDENTIAL" or "HIGHLY CONFIDENTIAL, " as the case may be for documents that have distinct pages. As to Protected Materials that are preserved in a media without distinct pages, such as, for example, magnetic impulse, tape, computer disk, CD-ROM, DVD or any other form of data storage, data compilation, or mechanical or electronic recording, and all other tangible things, it shall be sufficient that the media is inscribed as "CONFIDENTIAL" or "HIGHLY CONFIDENTIAL, " as the case may be, or, if produced by an e-mail, the transmitting e-mail calls out that the materials are "CONFIDENTIAL" or "HIGHLY CONFIDENTIAL."
b. Designating portions of a deposition or deposition exhibits either during the deposition or by written notice to the court reporter and all counsel of record within fifteen (15) business days after the reporter sends the transcript or written notice that the transcript is available for review. The court reporter shall be instructed to bind the confidential portion separately from the non-confidential portions and to mark the caption page of such portion "CONFIDENTIAL" or "HIGHLY CONFIDENTIAL, " as the case may be. All depositions will be presumptively treated as "HIGHLY CONFIDENTIAL" until fifteen (15) business days after the reporter sends the transcript or written notice that the transcript is available for review.
c. Notifying all counsel in this case in writing of designation of any third-party Discovery Materials as "CONFIDENTIAL" or "HIGHLY CONFIDENTIAL, " as the case may be, within thirty (30) days from the date the Designating Party receives such Discovery Materials.
9. Information and materials designated "CONFIDENTIAL" may only be disclosed to the following individuals and, in turn, to no ...