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Wurtsbaugh v. Banc of America Securities LLC

October 19, 2006

WAYNE WURTSBAUGH, PETRUS VAN ZYL, JACK L DIXON, INDIVIDUALLY AND AS TRUSTEE OF THE JACK LEE DIXON FAMILY TRUST, AND GEORGE A. PELLETIER, PLAINTIFFS,
v.
BANC OF AMERICA SECURITIES LLC, DEFENDANT



STIPULATION AND ORDER OF CONFIDENTIALITY

WHEREAS, defendant Banc of America Securities LLC ("BAS") has requested or may request that plaintiffs produce certain documents and/or provide certain information in their possession and control ("BAS's Requests") and plaintiffs have requested or may request that HAS produce certain documents and/or provide certain information in its custody and control ("Plaintiffs' Requests");

WHEREAS, BAS objects to Plaintiffs' Requests and plaintiffs object to BAS's Requests to the extent said requests seek production of certain documents containing, inter alia, certain trade secrets and proprietary commercial information of BAS and plaintiffs ("Confidential Information");

WHEREAS, the dissemination of Confidential Information to persons other than the parties or counsel of record for the parties in this action may cause BAS and/or plaintiffs substantial injury and potential competitive disadvantage;

WHEREAS, BAS believes the dissemination of certain Confidential Information to persons other than counsel of record for plaintiffs and plaintiffs' experts (who agree to this stipulation) may cause BAS substantial injury and potential competitive disadvantage ("Confidential Attorneys' Eyes Only Information"); and

WHEREAS, the parties wish to maintain the confidentiality of said Confidential Information and Confidential Attorneys' Eyes Only Information, where appropriate;

NOW, THEREFORE, it is stipulated and agreed as follows;

1. Until further written agreement by the Parties to this action or order of the Court, the dissemination of all information disclosed by any signatory to this Stipulation and Order of Confidentiality ("Stipulation and Order") to any signatory AO this Stipulation and Order, or the agent or employee of any signatory to this Stipulation and Order, during the course of the action, shall be governed by this Stipulation and Order.

2. All Confidential Information produced by any party shall be stamped or marked or otherwise designated, "Confidential" or "Confidential Attorneys' Eyes Only" (as set forth herein).

3. Any party may designate, at the time of production, any document, portion of a document, or other discoverable information as '"Confidential" or "Confidential Attorneys' Eyes Only." Similarly, any party may designate a deposition or any part of a deposition as "Confidential" if it contains, discusses or otherwise discloses Confidential Information. Similarly, any party may designate a deposition or any part of a deposition as "Confidential Attorneys' Eyes Only" if it contains, discusses or otherwise discloses Confidential Attorneys' Eyes Only Information.

4. If any party produces any Confidential Information or Confidential Attorneys' Eyes Only Information without the appropriate designation, that party may furnish a substitute copy properly designated along with written notice to all parties that such information is deemed Confidential or Confidential Attorneys' Eyes Only. No penalty shall be imposed upon a receiving party who has disclosed a document that is subsequently designated by the producing party as Confidential or Confidential Attorneys' Eyes Only if the disclosure predates such designation.

5. A party receiving Confidential Information designated as Confidential produced by another party shall not use such information for any purpose other than participation in the above-captioned action, and shall not disclose such information to any person, except

(a) the Court (including court stenographers and such other court personnel as appropriate) pursuant to the procedures set forth in paragraph 12 below;

(b)the party receiving such Confidential Information, but only to the extent necessary for purposes of this litigation;

(c) in-house and outside counsel to the party receiving such confidential information (including paralegals, ...


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