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W.S.R v. FCA U.S. LLC

United States District Court, S.D. New York

January 9, 2020

W.S.R., An Infant By and Through His Father WILLIAM RICHARDSON, and WILLIAM RICHARDSON and NICOLE RICHARDSON, INDIVIDUALLY, Plaintiffs,
v.
FCA US, LLC and YANFENG U.S. AUTOMOTIVE INTERIOR SYSTEMS II LLC a/k/a YANFENG AUTOMOTIVE INTERIOR SYSTEMS, ADIENT PLC, and JOHNSON CONTROLS, INC., Defendants. FCA US, LLC, Third-Party Plaintiff,
v.
YANFENG U.S. AUTOMOTIVE INTERIOR SYSTEMS II LLC, Third-Party Defendant.

          Attorneys for Plaintiffs Danielle Geofoe, Esq. PHILLIPS & PAOUCELLI, LLP

          Attorneys for Defendant/ Third-Party Defendant Yanfeng U.S. Automotive Interior Systems Cathleen A. Giannetta, Esq. J WOOD SMITH HENNING AND BERMAN LLP

          Attorneys for Defendant/Third-Party Plaintiff FCA U.S. LLC Jessica L. Gross, Esq. HERZFELD & RUBIN, P.C.

          Attorneys for Defendants Adient PLC and Johnson Controls, Inc. John P. Mitchell, Esq. DRINKER BIDDLE & REATH LLP

          SECOND AMENDED STIPULATED PROTECTIVE ORDER

          Honorable Lisa Margaret Smith, U.S.D.C. Magistrate Judge.

         It is hereby stipulated and agreed, by and between the respective parties hereto and their counsel, that Defendants FCA U.S. LLC (hereinafter "FCA US"), Yanfeng U.S. Automotive Interior Systems II LLC ("Yanfeng"), Adient PLC ("Adient") and Johnson Controls, Inc. ("Johnson") (collectively referred to as "Defendants") may produce for discovery and inspection documents that are commercially confidential or proprietary and/or contain trade secrets, and which, if released to Defendants' competitors or others, would enable them to exploit the individual Defendants for their own economic gain ("Confidential Information"). Accordingly, the following provisions will apply to such documents designated by Defendants as subject to this Protective Order:

         1. The documents will be stamped or otherwise marked "Subject to Protective Order," or will contain a similar designation to identify the documents to which this Protective Order applies. Testimony and other information based upon documents so designated shall be considered protected and subject to this Protective Order.

         2. Confidential Information shall be used only for the purpose of prosecuting or defending this action. In connection with such use, the Confidential Information may be shown to the parties, including current or former employees, counsel for the parties and their staffs, experts retained by and assisting counsel in connection with this case, court reporters in connection with the taking of depositions, and to the Court and its staff. Any parties, counsel, experts, court reporters or other persons to which Confidential Information is provided pursuant to this paragraph shall agree that all Confidential Information designated as such under this Order shall remain confidential and shall not be disclosed by them, except pursuant to the terms of this Order. Nothing herein shall preclude the parties from consenting to the showing Confidential Information to fact witness(es) not otherwise specified herein. In the event that such consent is alleged to have been withheld without good cause, any party may seek an order from the Court upon a showing of good cause that Confidential Information should be shown to such fact witness(es).

         3. The documents, or information contained therein, may not be further disseminated to any person or entity.

         4. Any party disclosing Confidential Information to any other person or firm pursuant to Paragraph 2 above shall first advise the person or firm to which the Confidential Information is being provided that such person or firm may not divulge any such information to any other person.

         5. The production of documents by any party shall not constitute a waiver of any privilege or other claim or right of withholding or confidentiality that it may have.

         6. The inadvertent and/or unintentional failure to designate discovery material as Confidential Information does not constitute a waiver of such claim and may be remedied by prompt supplemental written notice upon discovery of any such disclosure (inadvertent or otherwise), with the effect that such discovery material will be subject to the protections of this Protective Order. Designation of information or documents as Confidential Information or failure to so designate, will not constitute an admission that information or documents are or are not confidential or trade secrets or that such information or documents may not be entitled to further protection under the law.

         7. If the receiving party reasonably believes that Confidential Information has been inadvertently disclosed or produced to it, it shall promptly notify the producing Defendant, as applicable, and sequester such information until instructions as to disposition are received. The failure of any party to provide notice or instructions under this Paragraph shall not constitute a waiver of, or estoppel as to, any claim of attorney-client privilege, attorney work product, or other ground for withholding production as to which the party would be entitled in the litigation or any other federal or state proceeding.

         8. The terms of this Protective Order do not preclude any Defendant from providing Confidential Information and documents to the National Highway Traffic Safety Administration (NHTSA), either voluntarily or in connection with its obligations under the National Traffic and ...


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