United States District Court, S.D. New York
W.S.R., An Infant By and Through His Father WILLIAM RICHARDSON, and WILLIAM RICHARDSON and NICOLE RICHARDSON, INDIVIDUALLY, Plaintiffs,
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,
YANFENG U.S. AUTOMOTIVE INTERIOR SYSTEMS II LLC, Third-Party Defendant.
Attorneys for Plaintiffs Danielle Geofoe, Esq. PHILLIPS &
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.
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
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.
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).
documents, or information contained therein, may not be
further disseminated to any person or entity.
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.
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.
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.
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
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 ...