UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

CASE NO. 1:20-cv-22423-UU

STIPULATED PROTECTIVE ORDER

THIS CAUSE is before the Court upon the parties’ Joint Motion for Entry of Stipulated 

Protective Order (D.E. 25) (the “Motion”). The Court having considered the Motion and the pertinent 

parts of the record, being otherwise fully advised in the premises, and for good cause shown, it is 

hereby

ORDERED AND ADJUDGED that the Motion, D.E. 25, is GRANTED. Pursuant to rule 

26(c)(1) of the Federal Rules of Civil Procedure, and pursuant to the agreement of the Parties, it is 

hereby ORDERED that:

1. Scope. All documents produced in the course of discovery, including initial 

disclosures, all responses to discovery requests, all deposition testimony and exhibits, other 

materials which may be subject to restrictions on disclosure for good cause and information 

derived directly therefrom (hereinafter collectively “documents”), shall be subject to this Order 

concerning Confidential Information as set forth below. 

SH GROUP GLOBAL IP HOLDINGS, L.L.C.,

Plaintiff,

v.

2399 COLLINS AVENUE CONDOMINIUM 

ASSOCIATION, INC. and JOHN P. BOSTANY,

Defendants

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DEFINITIONS

2. The term “Confidential Information,” as used in this Order, shall mean (a) 

information not in the public domain that is so proprietary or competitively sensitive that its 

public disclosure is likely to cause competitive injury; (b) information that constitutes or contains 

trade secrets pursuant to applicable law; (c) the non-public, personal information of individuals 

or entities, including but not limited to information that identifies the personal or financial 

information for a given person or entity, including name, address, account number, telephone 

number, place or position of work, or other identifying information; (d) information protected 

from disclosure by contractual obligations with third-parties; and (e) information protected from 

disclosure by law.

3. The terms “Producing Party” or “Designating Party” as used in this Order shall 

mean any party or non-party producing documents in this action under this Order.

4. The term “Receiving Party” as used in this Order shall mean any party or nonparty receiving documents in this action under this Order. 

5. The term “document” or “documents,” as used in this Order shall have the same 

meaning as contemplated by the Federal Rules of Civil Procedure. 

DESIGNATION OF CONFIDENTIAL AND ATTORNEYS’ 

EYES ONLY INFORMATION

6. Form and Timing of Designation. Any Producing Party may designate 

documents as confidential and restricted in disclosure under this Order by placing or affixing the 

words “CONFIDENTIAL” or “CONFIDENTIAL – ATTORNEYS’ EYES ONLY” on the 

document in a manner that will not interfere with the legibility of the document. Documents 

shall be designated prior to or at the time of the production or disclosure of the documents.

When electronically stored information is produced which cannot itself be marked with the 

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designation CONFIDENTIAL or ATTORNEYS’ EYES ONLY, the physical media on which 

such electronically stored information is produced, as well as all applicable file names, shall be 

marked with the applicable designation. The Receiving Party shall then be responsible for 

labeling any copies that it creates thereof, whether electronic or paper, with the applicable 

designation. By written stipulation the parties may agree temporarily to designate original 

documents that are produced for inspection CONFIDENTIAL or ATTORNEYS’ EYES ONLY, 

even though the original documents being produced have not themselves been so labeled. All 

information learned in the course of such an inspection shall be protected in accordance with the 

stipulated designation. The copies of documents that are selected for copying during such an 

inspection shall be marked CONFIDENTIAL or ATTORNEYS’ EYES ONLY, as required 

under this Order and thereafter the copies shall be subject to protection under this Order in 

accordance with their designation. The designation of documents for protection under this Order 

does not mean that the document has any status or protection by statute or otherwise except to 

the extent and for the purposes of this Order.

7. Documents Which May be Designated CONFIDENTIAL. Any Producing 

Party may designate documents as CONFIDENTIAL upon making a good faith determination 

that the documents contain information protected from disclosure by statute or that should be 

protected from disclosure as confidential, including without limitation agreements and contracts; 

current and future business, product, or strategic plans; financial information; marketing 

documents; private personal identifying information; trade secrets; interrogatory answers; 

responses to requests for admission; or documents or information that, if released publicly, 

would cause embarrassment or be damaging to the reputation of the Producing Party or third 

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parties. Public records and other information or documents that are publicly available may not 

be designated as CONFIDENTIAL.

8. Documents Which May be Designated ATTORNEYS’ EYES ONLY. Any 

Producing Party may designate documents ATTORNEYS’ EYES ONLY after making a good 

faith determination that (1) the documents contain information that is particularly sensitive, 

private, or competitively valuable, which constitutes or discloses sales or other financial 

information, financial projections, future business, products or strategic plans, trade secrets, or 

other competitively sensitive information, and (2) designating the document CONFIDENTIAL 

under this Order would be insufficient to protect the Producing Party’s competitive interests or 

the document discloses a party’s sensitive financial information or an individual’s private 

information.

9. Any copies or reproductions, excerpts, summaries, or other documents or media 

that paraphrase, excerpt, or contain information that has been designated CONFIDENTIAL or 

ATTORNEYS’ EYES ONLY shall be treated as such pursuant to this Order. 

10. Depositions. Deposition testimony may be designated CONFIDENTIAL or 

ATTORNEYS’ EYES ONLY in its entirety by indicating that fact on the record at the 

deposition. Alternatively, if a Designating Party has advised the court reporter that Confidential 

Information has been disclosed during a deposition, the court reporter shall include on the cover 

page the following indication: “DEPOSITION CONTAINS CONFIDENTIAL INFORMATION 

— SUBJECT TO A PROTECTIVE ORDER.” Within thirty (30) days of receipt of the initial 

deposition transcript, the Designating Party shall advise the court reporter and counsel for the 

Receiving Party of the specific pages and lines which it designates as CONFIDENTIAL or 

ATTORNEYS’ EYES ONLY. No party may designate the entire transcript as ATTORNEY’S 

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EYES ONLY. The court reporter shall supplement the transcript to mark the specific pages and 

lines designated and amend the cover page to reflect that these specific designations have been 

made. Counsel for the Receiving Party may have immediate access to the deposition transcript 

but, prior to the page and line designations, shall treat the entire transcript as CONFIDENTIAL 

or ATTORNEYS’ EYES ONLY, if so designated at the deposition.

11. Protection of Confidential Material.

a) General Protections. Documents designated for protection under this Order shall 

not be used or disclosed by the parties, counsel for the parties or any other persons 

identified in Paragraph 6(b) for any purpose whatsoever other than to prepare for 

and to conduct discovery and trial in this action, as well as any appeal thereof.

b) Protection of Documents Designated CONFIDENTIAL. The parties and 

counsel for the parties to this Order shall not disclose or permit the disclosure of 

any CONFIDENTIAL documents to any third person or entity except as set forth 

in subparagraphs 1)–7) below. Subject to these requirements, the following 

categories of persons may be allowed to review documents that have been 

designated CONFIDENTIAL:

1) Counsel. Counsel for the parties and employees and agents of counsel 

who have responsibility for the preparation and trial of the action;

2) Parties. Parties and employees of a party to this Order.

3) Court Reporters and Recorders. Court reporters and recorders 

engaged for depositions; 

4) The Court. This Court, the appellate court(s), the Court’s personnel, 

jurors, alternate jurors, and qualified persons (including necessary clerical 

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personnel) recording, taking, or transcribing testimony or argument at any 

deposition, hearing, trial, or appeal in this action;

5) Consultants, Investigators and Experts. Consultants, investigators, or 

experts (hereinafter referred to collectively as “experts”) employed by the 

parties or counsel for the parties to assist in the preparation and trial of this 

action, but only after such persons have completed the certification 

contained in Attachment A, Acknowledgment and Agreement to Be 

Bound; 

6) Non-Party Fact Witnesses. Any non-party fact witness and his or her 

counsel, if separate from counsel to the parties, when such disclosure is 

reasonably necessary for the purpose of deposition or trial preparation. 

All non-party fact witnesses shall execute the certification contained in 

Attachment A, Acknowledgment and Agreement to Be Bound; and 

7) Others by Consent. Other persons only by written consent of the 

Producing Party shall execute the certification contained in Attachment A, 

Acknowledgment and Agreement to Be Bound or upon order of the Court 

and on such conditions as may be agreed or ordered. 

c) Protection of Documents Designated ATTORNEYS’ EYES ONLY. The 

parties and counsel for the parties shall not disclose or permit the disclosure of 

any ATTORNEYS’ EYES ONLY documents to any third person or entity except 

as set forth in subparagraphs 1) – 6) below. Subject to these requirements, the 

following categories of persons may be allowed to review documents that have 

been designated ATTORNEYS’ EYES ONLY.

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1) Counsel. Counsel for the parties and employees and agents of counsel 

who have responsibility for the preparation and trial of the action;

2) Court Reporters and Recorders. Court reporters and recorders 

engaged for depositions;

3) The Court. This Court, the appellate court(s), the Court’s personnel, 

jurors, alternate jurors, and qualified persons (including necessary clerical 

personnel) recording, taking, or transcribing testimony or argument at any 

deposition, hearing, trial, or appeal in this action;

4) Consultants, Investigators and Experts. Experts employed by the 

parties or counsel for the parties to assist in the preparation and trial of this 

action, but only after such persons have completed the certification 

contained in Attachment A, Acknowledgment and Agreement to Be 

Bound and;

5) Others by Consent. Other persons only by written consent of the 

Producing Party shall execute the certification contained in Attachment A, 

Acknowledgment and Agreement to Be Bound or upon order of the Court 

and on such conditions as may be agreed or ordered. 

d) Control of Documents. Counsel for the parties shall take reasonable and 

appropriate measures to prevent unauthorized disclosure of documents designated 

for protection pursuant to the terms of this Order. Counsel shall maintain the 

originals of the forms signed by persons acknowledging their obligations under 

this Order, pursuant to Attachment A, Acknowledgment and Agreement to Be 

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Bound, for a period of six months after dismissal of the action, the entry of final 

judgment and/or the conclusion of any appeals arising therefrom.

e) Copies. Prior to production to another party, all copies, electronic images, 

duplicates, extracts, summaries or descriptions (hereinafter referred to collectively 

as “copies”) of documents designated for protection under this Order, or any 

individual portion of such a document, shall be affixed with the designation if the 

word does not already appear on the copy. All such copies shall thereafter be 

entitled to the protection of this Order. 

f) Inadvertent Production. Inadvertent production of Confidential Information

prior to its designation as such in accordance with this Order shall not be deemed 

a waiver of a claim of confidentiality. Any such error shall be corrected within a 

reasonable time.

g) Nothing in this Order shall require disclosure of information protected by the 

attorney-client privilege, or other privilege or immunity, and the inadvertent 

production of such information shall not operate as a waiver. If a Designating 

Party becomes aware that it has inadvertently produced information protected by 

the attorney-client privilege, or any other privilege or immunity, the Designating 

Party will promptly notify each Receiving Party in writing of the inadvertent 

production. When a party receives notice of such inadvertent production, the 

Receiving Party shall immediately sequester all copies of inadvertently produced 

material as well as any notes or summaries referring or relating to any such 

inadvertently produced material and shall not distribute or review such discovery 

materials prior to resolution of the privilege issue as provided herein or it shall 

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immediately return or certify destruction of all copies of inadvertently produced 

material as well as any notes or summaries referring or relating to any such 

inadvertently produced material. Nothing herein shall prevent the Receiving 

Party from challenging the propriety of the attorney-client privilege or work 

product immunity or other applicable privilege designation by submitting a 

challenge to the Court, after first complying with the notice of inadvertent 

production and attempting in good faith to meet and confer with the Designating 

Party in an effort to resolve the challenge to such notice. In the event of a 

challenge to a notice of inadvertent production, the Designating Party bears the 

burden of establishing the privileged nature of any inadvertently produced 

information or material. If a Receiving Party becomes aware that it is in receipt 

of information or materials which it knows or reasonably should know is 

privileged, counsel for the Receiving Party shall immediately take steps to (i) stop 

reading such information or materials, (ii) notify Counsel for the Designating 

Party of such information or materials, (iii) collect all copies of such information 

or materials, (iv) destroy or return such information or materials to the 

Designating Party, and (v) otherwise comport themselves with the applicable 

provisions of the Rules of Professional Conduct.

12. Outside Counsel’s Advice. Nothing in this Order shall prevent or otherwise 

restrict outside counsel from rendering advice to their clients and, in the course thereof, relying 

generally on examination of documents protected under this Order; provided, however, that in 

rendering such advice and otherwise communicating with such clients, counsel shall not make 

disclosure of any information so designated except pursuant to the provisions of this Order.

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13. Filing of CONFIDENTIAL or ATTORNEYS’ EYES ONLY Documents 

Under Seal. Absent a statute or an order of this Court, documents may not be filed under seal, 

consistent with the Court’s General Policy as set forth in Local Rule 5.4(a). See S.D.L.R. 5.4(a).

The Parties shall comply with the Court’s Procedure for Filing Under Seal in Civil Cases, as set 

forth in Local Rule 5.4(b)(1). See S.D.L.R. 5.4(b)(1).

14. Challenges by a Party to Designation as Confidential. Any CONFIDENTIAL

or ATTORNEYS’ EYES ONLY designation is subject to challenge by any party or nonparty 

with standing to object (hereafter “party”). Before filing any motions or objections to a 

confidentiality designation with the Court, the objecting party shall have an obligation to meet 

and confer in a good faith effort to resolve the objection by agreement. If agreement is reached 

confirming or waiving the CONFIDENTIAL or ATTORNEYS’ EYES ONLY designation as to 

any documents subject to the objection, the Designating Party shall serve on all parties a notice 

specifying the documents and the nature of the agreement. If the Producing Party cannot resolve 

the objection after meeting and conferring, the disputed information shall continue to be treated 

with the level of protection to which it is entitled under the Producing Party’s designation until 

the Court rules on a motion.

15. Action by the Court. Applications to the Court for an order relating to any 

documents designated for protection under this Order shall be by motion under Local Rule 7.1 

and any other procedures set forth in the presiding judge's standing orders or other relevant 

orders. Nothing in this Order or any action or agreement of a party under this Order limits the 

Court's power to make any orders that may be appropriate with respect to the use and disclosure 

of any documents produced or use in discovery or at trial.

16. Obligations on Conclusion of Litigation.

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a) Order Remains in Effect. Unless otherwise agreed or ordered, this Order shall 

remain in force after dismissal or entry of final judgment not subject to further 

appeal.

b) Return of Documents Designated for Protection Under this Order. Within 

thirty (30) days after dismissal or entry of final judgment not subject to further 

appeal, all documents designated for protection under this Order, including 

copies as defined in Paragraph 5(d), shall be returned to the Producing Party 

unless: (1) the document has been offered into evidence or filed without 

restriction as to disclosure; (2) the parties agree to destruction in lieu of return; or 

(3) as to documents bearing the notations, summations, or other mental 

impressions of the Receiving Party, that party elects to destroy the documents 

and certifies to the Producing Party that it has done so. Notwithstanding the 

above requirements to return or destroy documents, counsel may retain attorney 

work product, including an index which refers or relates to information 

designated for protection under this Order, so long as that work product does not 

duplicate verbatim substantial portions of the text or images of confidential 

documents. This work product shall continue to be designated for protection 

under this Order. An attorney may use his or her work product in a subsequent 

litigation provided that its use does not disclose or use documents designated for 

protection under this Order. Counsel for the parties shall be entitled to retain a 

file copy of Confidential Information as part of its document retention practices, 

but such counsel shall maintain such documents in accordance with the terms of 

this Order. 

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c) Return of Documents Filed under Seal. After dismissal or entry of final 

judgment not subject to further appeal, the Clerk may elect to return to counsel 

for the parties or, after notice, destroy documents filed or offered at trial under 

seal or otherwise restricted by the Court as to disclosure.

17. Order Subject to Modification. This Order shall be subject to modification by 

the Court on its own motion or on motion of a party or any other person with standing 

concerning the subject matter. Motions to modify this Order shall be served and filed under 

Local Rule 7.1 and the presiding judge's standing orders or other relevant orders.

18. No Prior Judicial Determination. This Order is entered based on the 

representations and agreements of the parties and for the purpose of facilitating discovery. 

Nothing herein shall be construed or presented as a judicial determination that any documents or 

information designated for protection under this Order by counsel or the parties is subject to 

protection under Rule 26(c) of the Federal Rules of Civil Procedure or otherwise until such time 

as the Court may rule on a specific document or issue.

19. Persons Bound. This Order shall take effect when entered and shall be binding 

upon all counsel and their law firms, the parties, and persons made subject to this Order by its 

terms.

20. Logging Privileged Documents. Consistent with the Federal Rules of Civil 

Procedure, a party withholding or redacting any document on the grounds of privilege, immunity 

or any similar claim shall provide to the Receiving Party a privilege or redaction log. The parties 

shall have no obligation to log material created after June 12, 2020. 

The log shall contain the following information: (i) the date of the document; (ii) the 

identity of all persons who sent, authored, signed or otherwise prepared the document; (iii) the 

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identity of all persons designated as addressees or copyees; (iv) a description of the contents of 

the document that, without revealing information that itself is privileged or protected, is 

sufficient to understand the subject matter of the document and the basis of the claim of

privilege or immunity; (v) the type or nature of the privilege asserted (e.g., attorney-client 

privilege, work product doctrine, etc.); and (vi) for redacted documents only, the Bates 

numbers corresponding to the first and last page of any document redacted. To the extent email is included and described on the log, any e-mail chain (i.e., a series of e-mails linked 

together by e-mail responses and forwarding) that is withheld or redacted on the grounds of 

privilege, immunity or any similar claim may be logged as a single entry and identified by the 

most recent (i.e., top-most) e-mail. The parties shall not be required to break up an e-mail 

chain and log each individual e-mail separately. If, however, an e-mail contained within a 

given chain exists as a separate document, then the parties shall log that material in accordance 

with this Paragraph. Activities undertaken in compliance with the duty to preserve information 

(including, but not limited to, litigation hold letters) are protected from disclosure under 

Federal Rules of Civil Procedure 26(b)(3)(A) and (B).

Pursuant to Local Rule 26.1(e)(2)(D) the parties agree and the Court orders the parties 

shall not be required to serve privilege logs within fourteen (14) days following service of (i) 

any interrogatory response or document production from which some information or 

documents are withheld on the basis of such privilege or protection; or (ii) the response to the 

request for production if all responsive documents are being withheld on the basis of such 

privilege or protection, and instead shall serve their respective privilege logs at the substantial 

completion of their respective document production(s).

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21. Application to Non-Parties. This Order shall apply to any non-party who (a) 

provides discovery, by subpoena, deposition, production of documents, or otherwise, in this 

Action, (b) requests the protection of this Order as to its documents, and (c) agrees to be bound 

by the provisions of this Order by executing the Acknowledgment and Agreement to be Bound 

attached to this Order at Attachment A. This Order also shall apply to non-parties who are 

afforded access to documents or information produced in this Action, whether by deposition, 

production of documents, or otherwise. Prior to receiving such documents or information, such 

Non-Parties shall execute the Acknowledgement and Agreement to be Bound attached to this 

Order.

22. Subpoenas. Any party or person in possession of information that has been 

designated CONFIDENTIAL or ATTORNEYS’ EYES ONLY who receives a subpoena or 

other process from any person or entity who is not a party seeking production or other disclosure 

of such information shall promptly and in any case within three (3) business days give telephonic 

notice and written notice by overnight delivery or facsimile to counsel for the Producing Party 

who designated the documents as CONFIDENTIAL or ATTORNEYS’ EYES ONLY, 

identifying the materials sought and enclosing a copy of the subpoena or other process. The 

party or person receiving the subpoena also shall inform the person seeking the information that 

such information is subject to this Order. No production or other disclosure of such information 

pursuant to the subpoena or other process shall occur before the last date on which production 

may be made as specified in or required by the subpoena or other process. Nothing contained 

within this Paragraph shall obligate any party or person who receives a subpoena or other 

process seeking the production or disclosure of information designated as CONFIDENTIAL or 

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ATTORNEYS’ EYES ONLY to resist such production or disclosure, or be construed as 

encouraging any party or person not to comply with any court order, subpoena, or other process.

DONE AND ORDERED in Chambers at Miami, Florida, this _3d__ day of August, 

2020.

____________________________________

URSULA UNGARO

UNITED STATES DISTRICT JUDGE

Copies: all counsel of record

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ATTACHMENT A

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

CASE NO. 1:20-cv-22423-UU

ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND

The undersigned hereby acknowledges that he/she has read the Protective Order dated in 

the above-captioned action and attached hereto, understands the terms thereof, and agrees to be 

bound by its terms. The undersigned submits to the jurisdiction of the United States District 

Court for the Southern District of Florida in matters relating to the Protective Order and 

understands that the terms of the Protective Order obligate him/her to use documents designated 

CONFIDENTIAL or ATTORNEYS’ EYES ONLY in accordance with the Stipulated Protective 

Order solely for the purposes of the above-captioned action, and not to disclose any such 

documents or information derived directly therefrom to any other person, firm or concern.

SH GROUP GLOBAL IP HOLDINGS, L.L.C.,

Plaintiff,

v.

2399 COLLINS AVENUE CONDOMINIUM 

ASSOCIATION, INC. and JOHN P. BOSTANY,

Defendants

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The undersigned acknowledges that violation of the Stipulated Protective Order may 

result in penalties for contempt of court.

Name:

Job Title:

Employer:

Business Address:

Date:

Signature

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