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In re G.E. Erisa Litigation

United States District Court, D. Massachusetts

August 21, 2019

In re G.E. ERISA LITIGATION This Document Relates To ALL ACTIONS.

          BLOCK & LEVITON LLP JASON M. LEVITON (BBO #678331) Jason M. Leviton R. Joseph Barton (pro hac vice) BLOCK & LEVITON LLP Interim Liaison Counsel for Plaintiffs

          ROBBINS GELLER RUDMAN & DOWD LLP EVAN J. KAUFMAN GARDY&NOTIS, LLP MARKC.GARDY ORIN KURTZ (pro hac vice), SQUITIERI & FEARON, LLP LEE SQUITIERI SANFORD HEISLER SHARP, LLP ANDREW MILLER (BBO #682496), SANFORD HEISLER SHARP, LLP CHARLES H. FIELD (pro hac vice) Co-Lead Counsel for Plaintiffs

          GOODWIN PROCTER LLP JAMES 0. FLECKNER (BBO# 641494), ALISON V. DOUGLASS (BBO# 646861) James O. Fleckner Counselfor Defendants GeneralElectric Company and GE Asset Management Incorporated

          [PROPOSED] ORDER FOR THE PRODUCTION AND EXCHANGE OF CONFIDENTIAL INFORMATION

          HONORABLE INDIRA TALWANI UNITED STATES DISTRICT JUDGE

         Plaintiffs Maria LaTorre, Robyn Berger, Brian Sullivan, Frank Magliocca, Melinda Stubblefield, Kristi Haskins, Laura Scully, Donald J. Janak, John Slatner, and Chip Knight (collectively "Plaintiffs") and Defendants General Electric Company, GE Asset Management Incorporated, and the other defendants (collectively, "Defendants") named in the above-captioned action (the "Action"), having agreed to the entry of a protective order (the "Order" or "Protective Order") pursuant to Rule 26(c) of the Federal Rules of Civil Procedure, and having agreed to the terms of this proposed order; accordingly, it is ORDERED:

         1. Definitions:

         (a) "Material" as used herein shall mean documents, deposition testimony, deposition exhibits, written discovery requests and responses thereto, interrogatories and responses thereto, requests for admission and responses thereto, affidavits, declarations, trial testimony and any other information or material produced, given, or exchanged in connection with the Action.

         (b) "Confidential Material" shall mean any Material designated "Confidential" in accordance with this Order.

         (c) "Parties" shall mean the Plaintiffs or Defendants collectively, even if any of the individual Plaintiffs or Defendants are later dismissed from this Action, and any individuals or entities subsequently joined to this Action, while "Party" refers to a single Plaintiff, Defendant, or party later joined to this Action.

         (d) A Party or non-Party that designates Material as Confidential Material is referred to herein as a "Designating Party."

         (e) A Party or non-Party that produces or discloses Material in this Action is referred to interchangeably herein as a "Producing Party" or a "Disclosing Party."

         (f) A Party or non-Party that receives Material in this Action from a Producing Party is referred to herein as a "Receiving Party." 2. This Order shall govern the handling, production, or exchange of any Material by any Party to this Action, and the handling, production or exchange of any Material by any non-Party that is either a Producing Party or Receiving Party.

         3. Any Party or non-Party may designate Material produced or disclosed in this Action as "Confidential" if the Party or non-Party believes in good faith that such Material is not in the public domain and contains or reflects (a) trade secrets, competitively sensitive technical, marketing, financial, sales or other confidential business information, or (b) private or confidential personal information, or (c) information received in confidence from third parties, or if the Producing Party otherwise believes the Material in good faith to be entitled to protection under Rule 26(c)(1)(G) of the Federal Rules of Civil Procedure. Private or confidential personal information includes identifying information of the type described in Federal Rule of Civil Procedure Rule 5.2. However, to qualify as "confidential" information under this Paragraph, the disclosure of the information of the type described in categories (a), (b) and (c) above to persons other than those listed in Paragraph 6 would likely cause competitive, financial or personal harm that could not be otherwise avoided by less restrictive means. All information derived from Material designated as Confidential, including but not limited to extracts, summaries, and descriptions of such material, shall be treated as Confidential in accordance with the provisions of this Order.

         4. All Confidential Material produced or disclosed in this action and any documents or information derived therefrom, shall be used solely for purposes of the prosecution of claims or defenses in this litigation, and may not be used for any other purpose whatsoever, including but not limited to any business or commercial purpose, for dissemination to the media or the public. The disclosure limitations in Paragraph 3 shall not apply to any Material obtained by a Party outside the course of discovery in this Action.

         5. The designation of Material as "Confidential" for purposes of this Order shall be made in the following manner:

         (a) In the case of Material apart from depositions or other pretrial testimony: by affixing the legend "Confidential" to each page of each document containing any Confidential Material; provided, however, that if a Producing Party inadvertently produces Material that it considers to be "Confidential" without such designation, the Producing Party may designate such Material as "Confidential" by delivering written notice of such designation and properly designated copies of such Material promptly after discovering that the information was inadvertently produced, with the effect that such Material will thereafter be subject to the protections afforded by this Order to Confidential Material. If, prior to receipt of such notice, the Receiving Party, not having any good faith reason to believe that the producing Party had inadvertently failed to designate the Material as "Confidential" had disclosed such Material in a manner that resulted in the wide-spread publication of the Material so that it could no longer be considered "Confidential," the subsequent Notice shall not be effective. In no event, however, shall the Receiving Party incur no liability for any failure to treat Confidential Material as such prior receipt of the notice.

         (b) In the case of depositions or other pretrial testimony: (i) by a statement on the record, by counsel, at the time of such disclosure; or (ii) by written notice, sent by counsel to counsel for the opposing Party within thirty (30) days after receiving a copy of the certified, final transcript thereof, unless a different period is agreed upon by the Parties; and in both of the foregoing instances, by directing the court reporter that the appropriate confidentiality legend be affixed to the first page and all portions of the original and all copies of the transcript containing any Confidential Material. All deposition transcripts and other pretrial testimony shall be treated as "Confidential" until the expiration of the thirtieth day after receipt by counsel of a copy of the certified, final transcript thereof. Thereafter, only those portions of the transcripts designated as "Confidential" shall be deemed Confidential Material. The Parties may modify this procedure for any particular deposition, through agreement on the record at such deposition, without further order of the Court, or by application to the Court for good cause shown.

         (c) A Party may designate any Material produced by a Producing Party as Confidential Material only if said Material contains or reflects the Designating Party's own Confidential Material. The Designating Party shall endeavor to designate Material as "Confidential" within thirty (30) days of the date of its receipt of the Material, or as many days as agreed upon by the Parties. Material produced by any Producing Party must be treated as "Confidential" for a period of thirty (30) days, or as many days as agreed upon by the Parties, after receipt of the Material from the Producing Party. In order to designate Material produced by another Producing Party as "Confidential" the Designating Party must provide notice to all Parties identifying the Material designated as Confidential Material within the thirty (30) day period, unless a longer period is agreed upon by the Parties. Promptly after providing such notice, the Designating Party shall provide re-labeled copies of the Material to each Party reflecting the new designation. Each Party will replace the previously produced Material with the newly designated Material and will destroy the previously produced Material. Any Party may object to the designation of Confidential Material pursuant to the procedures set forth in Paragraph 18. The Designating Party shall bear the burden of establishing the basis for the confidentiality designation.

         6. Unless otherwise directed by the Court, Material designated as "Confidential" may be disclosed only to the following persons, each of whom shall be bound by this Order:

(a) Counsel of record to the Parties, as well as the legal associates, paralegal, and clerical or other support staff who are employed by such counsel or their client(s) and ...

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