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In re Pareteum Securities Litigation

United States District Court, S.D. New York

January 15, 2020

IN RE PARETEUM SECURITIES LITIGATION

          [PROPOSED] STIPULATED PROTECTIVE ORDER

          HONORABLE ALVIN K. HELLERSTEIN, UNITED STATES DISTRICT JUDGE.

         WHEREAS, Lead Plaintiff, the Pareteum Shareholder Investor Group, and Defendants Pareteum Corporation ("Pareteum"), Robert Turner, Victor Bozzo, Edward O'Donnell, and Denis McCarthy, [1] by and through their undersigned counsel, acknowledge and agree that discovery in this litigation will involve non-public, confidential, proprietary, commercially sensitive information, financial information, and/or information subject to a legally protected right of privacy; and

         WHEREAS, the Parties agree that good cause exists for the entry of an order reasonably restricting the distribution of confidential documents and information;

         IT IS HEREBY STIPULATED AND AGREED, by and among undersigned counsel for the Parties, that:

         This Stipulated Protective Order ("Order") governs the use of all produced documents, responses to interrogatories and requests for admissions, deposition transcripts, deposition exhibits, and any other information, documents, objects, or things which have been or will be produced or received by any Party or non-party in connection with this action, as well as any and all copies, abstracts, digests, summaries and by-products thereof.

         2. Pursuant to Fed.R.Civ.P. 26fcl if in the course of this litigation any Party or non-party undertakes to produce or is caused to disclose what they in good faith believe to be confidential information, the procedures set forth herein shall be employed and the disclosure thereof shall be subject to this Order.

         3. Counsel to Parties and non-parties may designate any documents or other information taken, given, or exchanged in the course of this litigation as "CONFIDENTIAL" or "CONFIDENTIAL INFORMATION" when such counsel in good faith believes that such documents or other information contain: (i) confidential information that is not publicly known and that the disclosing Party would not normally reveal, and has not revealed, to third parties without an agreement to maintain it in confidence; or (ii) confidential business or financial information subject to protection under the Federal Rules of Civil Procedure, the Local Rules of the United States District Court for the Southern District of New York, or any other applicable statute, rule, or case law.

         4. All documents marked "CONFIDENTIAL" or "CONFIDENTIAL INFORMATION" and produced by any Party or non-party, and all information contained therein, shall be deemed "Confidential Discovery Material" pursuant to this Order.

         5. Confidential Discovery Material shall not include information that has been produced, disclosed, or made available to the public or otherwise available for public access; provided, however, that confidential compilations of information shall not be deemed to have been so produced or disclosed merely because some or all of the component data have been so produced or disclosed other than in such compilation.

         6. All documents and information produced by Parties or non-parties in the course of this litigation (other than information that is publicly available) shall be used by the Party receiving them solely for the purpose of trial or preparation for trial and appeal of this case, or for any alternative dispute resolution proceeding mutually agreed upon by the Parties, or otherwise in connection with this litigation, and for no other purpose whatsoever. Without limiting the foregoing, no person receiving Confidential Discovery Material shall use such Confidential Discovery Material in any other action or proceeding.

         7. Counsel for any Party or non-party to this litigation shall designate documents or information as Confidential Discovery Material prior to actual production of the document or information by placing the notation "CONFIDENTIAL" or "CONFIDENTIAL INFORMATION" on every page of each document so designated or, in the case of Confidential Discovery Material disclosed in a non-paper medium (e.g., video tape, audio tape, computer disks, etc.) the notation "CONFIDENTIAL" or "CONFIDENTIAL INFORMATION" shall be affixed to the outside of the medium or its container or in a notation from counsel when producing such information. Any Discovery Material produced in native electronic form can be designated as Confidential Discovery Material by (i) including such designation in the body or file name of the electronic document; (ii) affixing a stamp with such designation on the medium on which the electronic data is stored when copies are delivered to a receiving Party or on the slip sheet image in the production that corresponds to the document; or (iii) identifying such designated electronic format as Confidential Discovery Material in writing at the time of production.

         8. Any Party or non-party may designate all or part of the transcript of a deposition, and all information contained therein, as Confidential Discovery Material by so indicating on the record at the deposition. Such transcript or portion thereof shall be treated as provided by this Order for documents designated as Confidential Discovery Material. Documents that are used as exhibits already designated as "CONFIDENTIAL" or "CONFIDENTIAL INFORMATION" shall be treated as Confidential Discovery Material within the meaning of this Order. Any deposition that has any portion of the transcript or exhibits designated as "CONFIDENTIAL" or "CONFIDENTIAL INFORMATION" shall indicate that it contains confidential information. All deposition transcripts shall be deemed confidential until at least 30 days after the deponent or his or her counsel has received a final written deposition transcript. Within such 30-day period, counsel for any Party may notify other counsel in writing of a permanent designation (subject to the terms herein) of all or part of the transcript as confidential. A Party that objects to the designations described in this paragraph shall have the rights and objections as set forth in Paragraph 15.

         9. When depositions or portions of depositions are designated confidential, counsel shall use such Confidential Discovery Material only as provided for in this Order. All persons present at the taking of such depositions when such Confidential Discovery Material is involved may not disclose to any other person the testimony of the deponent regarding such Confidential Discovery Material, except as permitted herein.

         10. Inadvertent failure to designate a document as "CONFIDENTIAL" or "CONFIDENTIAL INFORMATION" may be corrected by supplemental written notice given as soon as practicable. An inadvertent failure to designate documents or information as "CONFIDENTIAL" or "CONFIDENTIAL INFORMATION" shall not constitute a waiver of the disclosing Party's right to so designate such documents or information. As soon as the receiving Party becomes aware of the inadvertent production, the documents or information must be treated as though it had been timely designated as Confidential Discovery Material under this Order, and the receiving Party must endeavor in good faith to obtain all copies of the documents that it distributed or disclosed to persons not authorized to receive such information under the terms of this Order, as well as any copies made by such persons. If the receiving Party does not obtain the return of all such documents or information, it shall inform the disclosing Party of those to whom the Confidential Discovery Material has been disclosed and the disclosing Party may undertake to obtain the return of the Confidential Discovery Material.

         11. The attorneys of record in this litigation are responsible for employing reasonable measures to control, consistent with this Order, duplication of, access to, and distribution of copies of documents produced by any Party or non-party. Confidential material subject to this Order, including all copies, extracts, and summaries thereof and all documents containing information taken therefrom, shall remain in the custody of counsel and shall not be provided to other persons except as necessary to prepare for trial or appeal of this action pursuant to Paragraph 12.

         12. A Party that has received Confidential Discovery Materials from any other Party or non-party may ...


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