United States District Court, S.D. New York
In re Application of Aenergy, S.A. for an Pursuant to 28 U.S.C. § 1782 to Conduct Discovery for Use in a Foreign Proceeding,
behalf of Aenergy S.A.: HOLWELL SHUSTER & GOLDBERG LLP
SCOTT M. DANNER KEVIN D. BENISH
behalf of General Electric Company: COVINGTON & BURLING
LLP DAVID Z. PINSKY
VALERIE E. CAPRONI UNITED STATES DISTRICT COURT JUDGE.
found that good cause exists, the Court enters, with the
consent of the parties to this Proceeding, the following
Protective Order under Federal Rule of Civil Procedure
26(c)(1) to facilitate the production of documents and to
maintain the confidentiality and limit the use of produced
“AE” shall mean Aenergy, S.A.
and any current or former director, officer, or employee
“Confidential Information” shall
mean all non-public information relating to, referencing, or
pertaining to (i) commercially or competitively sensitive
information or proprietary information of GE, the disclosure
of which would create substantial risk of competitive or
business injury to GE or otherwise be disadvantageous to
GE's business interests (e.g., marketing
documents, business relationships with other parties and
other similar information), (ii) personal financial
information, (iii) personal identifying information of the
type described in Rule 5.2 of the Federal Rules of Civil
Procedure, protected by any U.S. or foreign law, or other
personally sensitive information, (iv) material that is
confidential pursuant to applicable law, including trade
secrets, or (v) any other material that the GE believes in
good faith to be entitled to protection under Rule
26(c)(1)(G) of the Federal Rules of Civil Procedure.
“Contemplated Action” shall mean
the proceeding AE is intending to bring in the courts of the
Republic of Angola seeking judicial review of the President
of Angola's denial of AE's administrative appeal of a
decision by the Angolan Ministry of Power and Water
(“MINEA”) to terminate AE's 13 contracts with
two public Angolan companies - Empresa Pública de
Produção de Electricidade
(“PRODEL”) and Empresa Nacional de
Distribuição de Electricidade
“Discovery Material” shall mean
any and all materials, whether physical or electronic,
produced or adduced in the course of discovery in this
Proceeding, including responses to Subpoenas, deposition
testimony and exhibits, and information derived directly
“GE” shall mean General Electric
Co., and any current or former director, officer, or employee
thereof, as well as all its subsidiaries and business units.
Information” shall mean highly sensitive
Confidential Information that is substantially likely to harm
the business interests of GE by the mere disclosure to a
party in the Contemplated Action.
“Parties” shall mean AE and GE.
"Privileged Matter" shall mean any
Discovery Material subject to the attorney-client privilege,
work product doctrine, or any other privilege or protection.
“Proceeding” shall mean the
above-captioned miscellaneous proceeding.
“Protected Information” shall
mean Discovery Material that is designated as Confidential
Information or Highly Confidential Information.
“Qualified Person” shall have
the meaning ...