Case3:14-cv-03264-JD Document554 Filed02/09/15 Page1 of 30Case 3:14-cv-03264-JD Document 563 Filed 02/17/15 Page 1 of 30
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`Joseph R. Saveri (State Bar No. 130064)
`Andrew M. Purdy (State Bar No. 261912)
`Matthew S. Weiler (State Bar No. 236052)
`James G. Dallal (State Bar No. 277826)
`Ryan J. McEwan (State Bar No. 285595)
`JOSEPH SAVERI LAW FIRM, INC.
`505 Montgomery Street, Suite 625
`San Francisco, California 94111
`Telephone: (415) 500-6800
`Facsimile: (415) 395-9940
`Email:
`
`jsaveri@saverilawfirm.com
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`apurdy@saverilawfirm.com
`mweiler@saverilawfirm.com
`jdallal@saverilawfirm.com
`rmcewan@saverilawfirm.com
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`
`
`
`Interim Lead Class Counsel for Direct Purchaser Plaintiffs
`
`Joseph W. Cotchett (State Bar No. 36324)
`Steven N. Williams (State Bar No. 175489)
`Elizabeth Tran (State Bar No. 280502)
`COTCHETT PITRE & McCARTHY LLP
`840 Malcolm Road
`Burlingame, CA 94010
`Telephone: (650) 697-6000
`Facsimile: (650) 697-0577
`Email:
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`jcotchett@cpmlegal.com
`swilliams@cpmlegal.com
`etran@cpmlegal.com
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`
`Interim Lead Class Counsel for Indirect Purchaser
`Plaintiffs
`
`[Additional Counsel Listed on Signature Page]
`
`UNITED STATES DISTRICT COURT
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`NORTHERN DISTRICT OF CALIFORNIA
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`Master File No. 3:14-cv-03264-JD
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`STIPULATED [PROPOSED]
`PROTECTIVE ORDER
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`IN RE CAPACITORS ANTITRUST
`LITIGATION
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`THIS DOCUMENT RELATES TO
`ALL ACTIONS
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`Master File No. 3:14-cv-03264-JD
`STIPULATED [PROPOSED] PROTECTIVE ORDER
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`1.
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`PURPOSES AND LIMITATIONS
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`Disclosure and discovery activity in this action are likely to involve production of confidential,
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`proprietary, or private information for which special protection from public disclosure and from use for
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`any purpose other than prosecuting this litigation may be warranted. Accordingly, the undersigned
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`parties hereby stipulate to and petition the Court to enter the following Stipulated Protective Order
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`(“Order”). The parties acknowledge that this Order does not confer blanket protections on all
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`disclosures or responses to discovery and that the protection it affords from public disclosure and use
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`extends only to the information or items that are entitled to confidential treatment under the applicable
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`legal principles. The parties further acknowledge, as set forth in Section 12.3 below, that this Order
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`does not entitle them to file confidential information under seal. Instead, Civil Local Rule 79-5 and
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`paragraphs 22-24 of Judge Donato’s Standing Order Regarding Civil Cases together set forth the
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`procedures that must be followed when a party seeks permission from the Court to file material under
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`seal.
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`2.
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`DEFINITIONS
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`2.1
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`Challenging Party: a Party or Non-Party that challenges the designation of information
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`or items under this Order.
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`2.2
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`“CONFIDENTIAL” Information or Items: information (regardless of how it is
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`generated, stored or maintained) or tangible things that qualify for protection under Federal Rule of
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`Civil Procedure 26(c).
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`2.3
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`“CONFIDENTIAL – ATTORNEYS’ EYES ONLY” Information or Items: extremely
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`sensitive “CONFIDENTIAL Information or Items,” production of which on a “CONFIDENTIAL”
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`basis to another Party would create a substantial risk of serious harm that could not be avoided by less
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`restrictive means.
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`2.4
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`Counsel (without qualifier): Outside Counsel and House Counsel, as well as their
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`support staff (including but not limited to attorneys, paralegals, secretaries, law clerks, and
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`investigators).
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`2.5
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`Designating Party: a Party or Non-Party that designates information or items that it
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`produces in disclosures or in responses to discovery as “CONFIDENTIAL” or “CONFIDENTIAL –
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`STIPULATED [PROPOSED] PROTECTIVE ORDERPROTECTIVE ORDER
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`ATTORNEYS’ EYES ONLY.”
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`2.6
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`Disclosure or Discovery Material: all items or information, including from any Non-
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`Party, regardless of the medium or manner in which it is generated, stored, or maintained (including,
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`among other things, testimony, transcripts, and tangible things), that are produced or generated in
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`disclosures or responses to discovery in this matter.
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`2.7
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`Expert: a person with specialized knowledge or experience in a matter pertinent to the
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`litigation, along with his or her employees and support personnel, who has been retained by a Party or
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`its Counsel to serve as an expert witness or as a consultant in this action.
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`2.8
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`House Counsel: attorneys who are employees of a Party to this action and non-attorney
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`legal managers within the Legal Department of a Party to this litigation that is located outside of the
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`United States who have signed the “Acknowledgment and Agreement to Be Bound” that is attached
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`hereto as Exhibit A, as well as their support staff (including but not limited to attorneys, paralegals,
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`secretaries, law clerks, and investigators). House Counsel does not include Outside Counsel or any
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`other outside counsel.
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`2.9
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`Non-Party: any natural person, partnership, corporation, association, or other legal entity
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`not named as a Party to this action.
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`2.10 Outside Counsel: attorneys, as well as their support staff (including but not limited to
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`attorneys, paralegals, secretaries, law clerks, and investigators) who are not employees of a Party to this
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`action but are retained to represent or advise a Party to this action, and any attorney outside the United
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`States advising a Party regarding this action who has signed the “Acknowledgment and Agreement to
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`Be Bound” that is attached hereto as Exhibit A.
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`2.11 Party: any party to this action, including all of its officers, directors, employees,
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`consultants, retained experts, and Outside Counsel (and their support staffs).
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`2.12 Producing Party: a Party or Non-Party that produces Disclosure or Discovery Material in
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`this action.
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`2.13 Professional Vendors: persons or entities that provide litigation support services (e.g.,
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`photocopying, videotaping, translating, preparing exhibits or demonstrations, and organizing, storing,
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`or retrieving data in any form or medium) and their employees and subcontractors.
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`STIPULATED [PROPOSED] PROTECTIVE ORDER
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`2.14 Protected Material: any Disclosure or Discovery Material that is designated as
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`“CONFIDENTIAL” or “CONFIDENTIAL – ATTORNEYS’ EYES ONLY.”
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`2.15 Receiving Party: a Party that receives Disclosure or Discovery Material from a
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`Producing Party.
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`3.
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`SCOPE
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`The protections conferred by this Order cover not only Protected Material (as defined above),
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`but also (1) any information copied or extracted from Protected Material; (2) all copies, excerpts,
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`summaries, or compilations of Protected Material; and (3) any testimony, conversations, or
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`presentations by Parties or their Counsel that might reveal Protected Material.
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`However, the protections conferred by this Order do not cover the following information: (a)
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`any information that is in the public domain at the time of disclosure to a Receiving Party or becomes
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`part of the public domain after its disclosure to a Receiving Party as a result of publication not
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`involving a violation of this Order, including becoming part of the public record through trial or
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`otherwise; and (b) any information known to the Receiving Party prior to the disclosure or obtained by
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`the Receiving Party after the disclosure from a source who obtained the information lawfully and under
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`no obligation of confidentiality to the Designating Party. Any use of Protected Material at trial shall be
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`governed by a separate agreement or order.
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`4.
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`DURATION
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`Even after final disposition of this litigation, the confidentiality obligations imposed by this
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`Order shall remain in effect until a Designating Party agrees otherwise in writing or a court order
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`otherwise directs. Final disposition shall be deemed to be the later of (1) dismissal of all claims and
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`defenses in this action, with or without prejudice; and (2) final judgment herein after the completion
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`and exhaustion of all appeals, rehearings, remands, trials, or reviews of this action, including the time
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`limits for filing any motions or applications for extension of time pursuant to applicable law.
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`5.
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`DESIGNATING PROTECTED MATERIAL
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`5.1
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`Exercise of Restraint and Care in Designating Material for Protection. Each Party or
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`Non-Party that designates information or items for protection under this Order must take care to limit
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`any such designation to specific material that qualifies under this Order. The Designating Party, to the
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`3
`STIPULATED [PROPOSED] PROTECTIVE ORDER
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`extent practicable, shall designate for protection only those parts of material, documents, items, or oral
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`or written communications that qualify – so that other portions of the material, documents, items, or
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`communications for which protection is not warranted are not swept unjustifiably within the ambit of
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`this Order. In situations where it is not practicable to designate only those parts of material, documents,
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`items, or oral or written communications that qualify for protection under this Order, the Designating
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`Party is not relieved from the obligation under Section 5.2 (as qualified by Section 5.2(a)) to designate
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`before disclosure or production of the material, documents, items, or oral or written communications
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`that portions of those qualify for protection under this Order. Absent such a designation, the Receiving
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`Party shall have no obligation to treat the disclosed material, documents, items, or oral or written
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`communications as “CONFIDENTIAL” or “CONFIDENTIAL – ATTORNEYS’ EYES ONLY” unless
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`and until notified pursuant to Section 5.3 of an inadvertent failure to designate.
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`Mass or indiscriminate designations are prohibited. Designations that are shown to be clearly
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`unjustified or that have been made for an improper purpose (e.g., to unnecessarily encumber or retard
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`the case development process or to impose unnecessary expenses and burdens on other parties) expose
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`the Designating Party to sanctions.
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`If it comes to a Designating Party’s attention that information or items that it designated for
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`protection do not qualify for protection at all or do not qualify for the level of protection initially
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`asserted, that Designating Party must within a reasonable time notify all other Parties that it is
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`withdrawing or modifying the mistaken designation.
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`5.2 Manner and Timing of Designations. Except as otherwise provided in this Order (e.g.,
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`Section 5.2(a)), or as otherwise stipulated or ordered, Disclosure or Discovery Material that qualifies
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`for protection under this Order must be clearly so designated before the material is disclosed or
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`produced.
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`Designation in conformity with this Order requires:
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`(a) For information in documentary form (e.g., paper or electronic documents, but excluding
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`transcripts of depositions or other pretrial or trial proceedings), that the Producing Party affix the
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`legend “CONFIDENTIAL” or “CONFIDENTIAL – ATTORNEYS’ EYES ONLY” to each page that
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`contains protected material. A Party or Non-Party that makes original documents or materials available
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`for inspection need not designate them for protection until after the inspecting Party has indicated
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`which material it would like copied and produced. During the inspection and before the designation, all
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`of the material made available for inspection shall be deemed “CONFIDENTIAL – ATTORNEYS’
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`EYES ONLY.” After the inspecting Party has identified the documents it wants copied and produced,
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`the Producing Party must determine which documents, or portions thereof, qualify for protection under
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`this Order. Then, before producing the specified documents, the Producing Party must affix the
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`“CONFIDENTIAL” or “CONFIDENTIAL – ATTORNEYS’ EYES ONLY” legend to each page that
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`contains Protected Material. If only a portion or portions of the material on a page qualifies for
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`protection, the Producing Party, to the extent practicable, shall identify the protected portion(s) (e.g., by
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`making appropriate markings in the margins) and specify the level of protection being asserted.
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`(b) For testimony given in deposition, that the Designating Party designate any testimony or
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`exhibits “CONFIDENTIAL” or “CONFIDENTIAL – ATTORNEYS’ EYES ONLY” either on the
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`record before the close of the deposition or in writing on or before the later of thirty (30) days after
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`receipt of the final transcript or the date by which any review by the witness and corrections to the
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`transcript are to be completed under Federal Rule of Civil Procedure 30. If any portion of a deposition
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`is designated, the transcript shall be labeled with the appropriate legend. If any portion of a videotaped
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`deposition is designated, the original and all copies of any videotape, DVD, or other media container
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`shall be labeled with the appropriate legend. Pending designation as set forth above, the entire
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`transcript, including exhibits, shall be deemed “CONFIDENTIAL,” unless exhibits or testimony are
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`identified on the record during the deposition as “CONFIDENTIAL – ATTORNEYS’ EYES ONLY,”
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`in which case the entire transcript, including exhibits, shall be deemed “CONFIDENTIAL –
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`ATTORNEYS’ EYES ONLY.” If no designation is made within the time period above, the transcript
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`shall be considered not to contain any “CONFIDENTIAL” or “CONFIDENTIAL – ATTORNEYS’
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`EYES ONLY” information.
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`Any Protected Material that is used in the taking of a deposition shall remain subject to the
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`provisions of this Order, along with the transcript pages and videotape of the deposition testimony
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`dealing with such Protected Material. Counsel for any Producing Party shall have the right to exclude
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`from oral depositions, other than the deponent and deponent’s counsel, any person who is not
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`authorized by this Order to receive or access Protected Material based on the designation of such
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`Protected Material. Such right of exclusion shall be applicable only during periods of examination or
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`testimony regarding such Protected Material.
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`(c) for all other information or tangible items, that the Producing Party affix in a prominent
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`place on the exterior of the container or containers in which the information or item is stored the legend
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`“CONFIDENTIAL” or “CONFIDENTIAL – ATTORNEY’S EYES ONLY.” If only a portion or
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`portions of the information or item warrant protection, the Producing Party, to the extent practicable,
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`shall identify the protected portion(s) and specify the level of protection being asserted.
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`5.3
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`Inadvertent Failures to Designate. If a Producing Party discovers that
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`“CONFIDENTIAL” or “CONFIDENTIAL – ATTORNEYS’ EYES ONLY” information or items that
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`it produced were not designated as Protected Material, or that it produced information or items that
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`were designated as Protected Material but designated in the incorrect category, the Producing Party
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`may notify all other Parties of the error and identify the affected information or items and their new
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`designation. Thereafter, the information or items so designated will be treated as Protected Material.
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`After providing such notice, the Producing Party shall provide re-labeled copies of the information or
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`items to each Receiving Party reflecting the change in designation.
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`An inadvertent failure to designate qualified information or items does not, standing alone,
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`waive the Designating Party’s right to secure protection under this Order for such material. Upon
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`correction of a designation, the Receiving Party must make reasonable efforts to assure that the
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`material is treated in accordance with the provisions of this Order. Upon receiving the Protected
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`Material with the correct confidentiality legend, the Receiving Parties shall return or securely destroy,
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`at the Receiving Parties’ option, all Discovery Material reasonably accessible to the Receiving Party
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`that was not designated correctly. Unauthorized or inadvertent disclosure does not change the status of
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`Discovery Material or waive the right to hold the disclosed document or information as Protected
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`Material.
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`6.
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`CHALLENGING CONFIDENTIALITY DESIGNATIONS
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`6.1
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`Timing of Challenges. Any Party or Non-Party may challenge a designation of
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`confidentiality at any time. Unless a prompt challenge to a Designating Party’s confidentiality
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`designation is necessary to avoid foreseeable, substantial unfairness, unnecessary economic burdens, or
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`a significant disruption or delay of the litigation, a Party does not waive its right to challenge a
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`confidentiality designation by electing not to mount a challenge promptly after the original designation
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`is disclosed.
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`6.2 Meet and Confer. The Challenging Party shall initiate a designation of confidentiality
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`challenge by providing written notice of each designation it is challenging and describing the basis for
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`each challenge. To avoid ambiguity as to whether a challenge has been made, the written notice must
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`recite that the challenge to confidentiality is being made in accordance with this specific paragraph of
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`the Protective Order. The parties shall attempt to resolve each challenge in good faith and must begin
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`the process by conferring directly (in voice-to-voice dialogue; other forms of communication are not
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`sufficient) within 7 days of the date of service of the written notice. In conferring, the Challenging
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`Party must explain the basis for its belief that the confidentiality designation was not proper and must
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`give the Designating Party 14 days to review the designated material, to reconsider the circumstances,
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`and, if no change in designation is offered, to explain the basis for the chosen designation. A
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`Challenging Party may proceed to the next stage of the challenge process only if it has engaged in this
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`meet and confer process first or establishes that the Designating Party is unwilling to participate in the
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`meet and confer process in a timely manner.
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`6.3
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`Judicial Intervention. If the Parties cannot resolve a challenge without the Court’s
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`intervention, the Designating Party shall file and serve a discovery dispute letter pursuant to the
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`Standing Order for Discovery in Civil Cases Before Judge Donato (¶¶ 18-20) within 30 days of the
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`initial notice of challenge or within 14 days of the parties agreeing that the meet and confer process will
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`not resolve their dispute, whichever is earlier. Each such discovery dispute letter must be accompanied
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`by a certification from counsel that the Designating Party has complied with the meet and confer
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`requirements imposed in the preceding paragraph. Failure by the Designating Party to file a discovery
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`dispute letter including the required declaration within 30 days (or 14 days, if applicable) shall
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`automatically waive the confidentiality designation for each challenged designation. In addition, the
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`Challenging Party may file a discovery dispute letter challenging a confidentiality designation at any
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`time if there is good cause for doing so, including a challenge to the designation of a deposition
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`transcript or any portions thereof. Any discovery dispute letter brought pursuant to this provision must
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`be accompanied by a certification from counsel affirming that the Challenging Party has complied with
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`the meet and confer requirements imposed by the preceding paragraph.
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`The burden of persuasion in any such challenge proceeding shall be on the Designating Party.
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`Frivolous challenges, and those made for an improper purpose (e.g., to harass or impose unnecessary
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`expenses and burdens on other parties) may expose the Challenging Party to sanctions. Unless the
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`Designating Party has waived the confidentiality designation by failing to seek relief to retain
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`confidentiality as described above, all parties shall continue to afford the material in question the level
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`of protection to which it is entitled under the Designating Party’s designation until the Court rules on
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`the challenge.
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`7.
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`ACCESS TO AND USE OF PROTECTED MATERIAL
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`7.1
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`Basic Principles. A Receiving Party may use Protected Material that is disclosed or
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`produced by another Party or by a Non-Party in connection with this case only for prosecuting,
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`defending, or attempting to settle this litigation or related appellate proceeding, and not for any other
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`purpose whatsoever. Such Protected Material may be disclosed only to the categories of persons and
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`under the conditions described in this Order. When the litigation has been terminated, a Receiving
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`Party must comply with the provisions of Section 13 below (FINAL DISPOSITION).
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`Protected Material must be stored and maintained by a Receiving Party at a location and in a
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`secure manner that ensures that access is limited to the persons authorized under this Order.
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`7.2
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`Disclosure of “CONFIDENTIAL” Information or Items. Unless otherwise ordered by
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`the Court or permitted in writing by the Designating Party, a Receiving Party may disclose any
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`information or item designated “CONFIDENTIAL” only to:
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`(a) the Receiving Party’s Outside Counsel in this action, as well as employees of said Outside
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`Counsel to whom it is reasonably necessary to disclose the information for this litigation;
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`(b) the current or former officers, directors, and employees (including House Counsel) of the
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`Receiving Party to whom disclosure is reasonably necessary for this litigation who have signed the
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`“Acknowledgment and Agreement to Be Bound” (Exhibit A);
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`(c) Experts (as defined in this Order) of the Receiving Party to whom disclosure is reasonably
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`necessary for this litigation and who have signed the “Acknowledgment and Agreement to Be Bound”
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`(Exhibit A);
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`(d) the Court and its personnel;
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`(e) Court reporters, stenographers, and videographers retained to record testimony in this action
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`and their staff, professional jury or trial consultants, mock jurors, and Professional Vendors to whom
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`disclosure is reasonably necessary for this litigation and who have signed the “Acknowledgment and
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`Agreement to Be Bound” (Exhibit A);
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`(f) during their depositions or preparation for their depositions, witnesses in the action to whom
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`disclosure is reasonably necessary and who have signed the “Acknowledgment and Agreement to Be
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`Bound” (Exhibit A), unless otherwise agreed by the Designating Party or ordered by the Court;
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`(g) the author or recipient of a document containing the information or a custodian or other
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`person who otherwise possessed or knew the information; and
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`(h) any mediator who is assigned to hear this matter, and his or her staff, who have signed the
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`“Acknowledgement and Agreement to Be Bound” (Exhibit A).
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`7.3
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`Disclosure of “CONFIDENTIAL – ATTORNEYS’ EYES ONLY” Information or
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`Items. Unless otherwise ordered by the Court or permitted in writing by the Designating Party, a
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`Receiving Party may disclose any information or item designated “CONFIDENTIAL – ATTORNEYS’
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`EYES ONLY” only to the following:
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`(a) the Receiving Party’s Outside Counsel in this action, as well as employees of said Outside
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`Counsel to whom it is reasonably necessary to disclose the information for this litigation;
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`(b) Experts (as defined in this Order) of the Receiving Party to whom disclosure is reasonably
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`necessary for this litigation and who have signed the “Acknowledgment and Agreement to Be Bound”
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`(Exhibit A);
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`(c) the Court and its personnel;
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`(d) Court reporters, stenographers, and videographers retained to record testimony in this action
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`and their staff, professional jury or trial consultants, mock jurors, and Professional Vendors to whom
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`disclosure is reasonably necessary for this litigation and who have signed the “Acknowledgment and
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`Agreement to Be Bound” (Exhibit A);
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`STIPULATED [PROPOSED] PROTECTIVE ORDER
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`(e) during their depositions or preparation for their depositions, witnesses in the action to whom
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`disclosure is reasonably necessary and who have signed the “Acknowledgment and Agreement to Be
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`Bound” (Exhibit A), unless otherwise agreed by the Designating Party or ordered by the Court;
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`(f) the author or recipient of a document containing the information or a custodian or other
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`person who otherwise possessed or knew the information; and
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`(g) any mediator who is assigned to hear this matter, and his or her staff, who have signed the
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`“Acknowledgement and Agreement to Be Bound” (Exhibit A).
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`8.
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`PROTECTED MATERIAL REQUESTED, SUBPOENAED OR ORDERED PRODUCED IN
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`OTHER LITIGATION
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`If a Party is served with a document request, investigatory demand for documents, subpoena or
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`a court order (“Document Demand”) issued in other litigation or government investigation that compels
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`disclosure of any information or items designated in this action as “CONFIDENTIAL” or
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`“CONFIDENTIAL – ATTORNEYS’ EYES ONLY,” that Party must:
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`(a) within three business days notify in writing the Designating Party. Such notification shall
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`include a copy of the Document Demand;
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`
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`(b) promptly notify in writing the party who caused the Document Demand to issue in the other
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`litigation that some or all of the material covered by the Document Demand is subject to this Order.
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`Such notification shall include a copy of this Order; and
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`(c) cooperate with respect to all reasonable procedures sought to be pursued by the Designating
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`Party whose Protected Material may be affected.
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`If the Designating Party timely seeks a protective order, the Party served with the Document
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`Demand shall not produce any information designated in this action as “CONFIDENTIAL” or
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`“CONFIDENTIAL – ATTORNEYS’ EYES ONLY” before a determination by the court from which
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`the Document Demand issued, unless the Party has obtained the Designating Party’s permission. The
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`Designating Party shall bear the burden and expense of seeking protection in that court of its Protected
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`Material. Nothing in these provisions should be construed as authorizing or requiring a Receiving Party
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`in this action to disobey a lawful directive from any court.
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`9.
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`A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE PRODUCED IN THIS
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`STIPULATED [PROPOSED] PROTECTIVE ORDER
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`
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`LITIGATION
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`(a) The terms of this Order are applicable to information produced by a Non-Party in this action
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`and designated as “CONFIDENTIAL” or “CONFIDENTIAL – ATTORNEYS’ EYES ONLY.” Such
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`information produced by Non-Parties in connection with this litigation is protected by the remedies and
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`relief provided by this Order. Nothing in these provisions should be construed as prohibiting a Non-
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`Party from seeking additional protections.
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`(b) In the event that a Party is required, by a valid discovery request, to produce a Non-Party’s
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`confidential information in its possession, and the Party is subject to an agreement with the Non-Party
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`not to produce the Non-Party’s confidential information, then the Party shall:
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`(1) promptly notify in writing the Requesting Party and the Non-Party that some or all of
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`the information requested is subject to a confidentiality agreement with a Non-Party;
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`(2) promptly provide the Non-Party with a copy of this Order and the relevant discovery
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`request(s); and
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`(3) make the information requested available for inspection by the Non-Party.
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`
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`(c) If the Non-Party fails to object or seek a protective order from this Court within 14 days of
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`receiving the notice and accompanying information, the Receiving Party may produce the Non-Party’s
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`confidential information responsive to the discovery request. If the Non-Party timely seeks a protective
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`order, the Receiving Party shall not produce any information in its possession or control that is subject
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`to the confidentiality agreement with the Non-Party before a determination by the Court. Absent a court
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`order to the contrary, the Non-Party shall bear the burden and expense of seeking protection in this
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`Court of its Protected Material.
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`10.
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`UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL
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`If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed Protected
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`Material to any person or in any circumstance not authorized under this Order, the Receiving Party
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`must immediately (a) notify in writing the Designating Party of the unauthorized disclosures, (b) use its
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`best efforts to retrieve all unauthorized copies of the Protected Material, (c) inform the person or
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`persons to whom unauthorized disclosures were made of all the terms of this Order, and (d) request
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`such person or persons to execute the “Acknowledgment and Agreement to Be Bound” that is attached
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`11
`STIPULATED [PROPOSED] PROTECTIVE ORDER
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`Case3:14-cv-03264-JD Document554 Filed02/09/15 Page13 of 30Case 3:14-cv-03264-JD Document 563 Filed 02/17/15 Page 13 of 30
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`hereto as Exhibit A.
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`11.
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`INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE PROTECTED
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`MATERIAL
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`If information subject to a claim of attorney-client privilege, work product protection or other
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`privilege or protection is inadvertently produced, such production shall not constitute automatic waiver
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`of such privilege or protection pursuant to Federal Rule of Evidence 502. When a Producing Party
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`gives notice to Receiving Parties that certain inadvertently produced material is subject to a claim of
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`privilege or other protection, the obligations of the Receiving Parties are those set forth in Federal Rule
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`of Civil Procedure 26(b)(5)(B). This provision is not intended to modify whatever procedure may be
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`established in an e-discovery order that provides for production without prior privilege review.
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`12. MISCELLANEOUS
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`12.1 Right to Further Relief. Nothing in this Order abridges the right of any person to s