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New York Bay Capital, LLC, v. Cobalt Holdings, Inc.,

United States District Court, S.D. New York

January 14, 2020

NEW YORK BAY CAPITAL, LLC, Plaintiff,
v.
COBALT HOLDINGS, INC., Defendant

          MEMORANDUM ENDORSED

         STIPULATED CONFIDENTIALITY AGREEMENT AND PROTECTIVE ORDER

          GREGORY H. WOODS, DISTRICT JUDGE

         WHEREAS, all of the parties to this action (collectively, the "Parties" and each individually, a "Party") request that this Court issue a protective order pursuant to Federal Rule of Civil Procedure 26(c) to protect the confidentiality of nonpublic and competitively sensitive information that they may need to disclose in connection with discovery in this action;

         WHEREAS, the Parties, through counsel, agree to the following terms; and

         WHEREAS, this Court finds that good cause exists for issuance of an appropriately tailored confidentiality order governing the pretrial phase of this action;

         IT IS HEREBY ORDERED that the Parties to this action, their respective officers, agents, servants, employees, and attorneys, any other person in active concert or participation with any of the foregoing, and all other persons with actual notice of this Order will adhere to the following terms, upon pain of contempt:

         1. With respect to "Discovery Material" (i.e., information of any kind produced or disclosed in the course of discovery in this action, including, but not limited to, any document [1], trial testimony, deposition testimony, and any summaries and compilations derived therefrom) that a person has designated as "Confidential" pursuant to this Order, no person subject to this Order may disclose such Confidential Discovery Material to anyone else except as expressly permitted hereunder:

         2. Any Party to this action (each, a "Designating Party") may designate as Confidential any Discovery Material disclosed by the Parties or any third-parties to this action so long as the Confidentiality belongs to the Designating Person, and only if the Designating Person reasonably and in good faith believes the Discovery Material consists of:

(a) previously non-disclosed information that is considered potentially prejudicial to the business or operations of such party, including, for example, information that the disclosing party reasonably believes could cause significant competitive harm if disclosed to an unauthorized person;
(b) previously non-disclosed financial information (including without limitation profitability reports or estimates, percentage fees, design fees, royalty rates, minimum guarantee payments, sales reports, and sale margins);
(c) previously non-disclosed material relating to ownership or control of any non-public company;
(d) previously non-disclosed business plans, product-development information, or marketing plans;
(e) any information of a personal or intimate nature regarding any individual- or
(f) any other category of information given confidential status by this Court after ...

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