EXHIBIT A

IN THE UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF FLORIDA

MIAMI DIVISION

Case No. 1:22-cv-24023-SCOLA/GOODMAN

KENNETH C. GRIFFIN,

 Plaintiff,

 v.

INTERNAL REVENUE SERVICE, et al.,

 Defendants. 

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[Proposed] STIPULATED PROTECTIVE ORDER

Upon consideration of the parties’ Joint Motion for Entry of a Stipulated Protective 

Order, the Court finds that good cause exists to grant the requested relief pursuant to Fed. R. Civ. 

P. 26(c). Accordingly, the motion is GRANTED. The terms of the Parties’ Stipulated Protective 

Order are set forth as follows:

I. This Protective Order shall apply to any agents, attorneys, experts, consultants,

employees, parent companies, subsidiaries, officers, directors, and employees of the parties,

including but not limited to employees of the attorneys’ firms and personnel of an office, board,

division, or bureau of the Department of Justice (“Department”), clerical personnel and

supervisory personnel of the Department, officers and employees of the Internal Revenue

Service, and officers and employees of another federal agency working under the direction and

control of the Department of Justice.

II. The restrictions and limitations contained in this Protective Order shall apply to 

documents produced, including all copies, excerpts, and summaries thereof, and deposition 

testimony provided, by the parties or third-parties in response to discovery served in accordance 

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with the Federal Rules of Civil Procedure or in connection with the third-party subpoenas served 

or to be served on any third-party or its current or past employees, agents, or affiliates, in 

connection with the above referenced suit (collectively “Discovery Material”).

III. A party or third party may designate Discovery Material as confidential only 

when the party or third party determines in good faith that the material falls within the 

protections of Rule 26(c) of the Federal Rules of Civil Procedure, contains information that is 

personally identifying or financial in nature, contains proprietary business information, or is 

otherwise required to be kept confidential pursuant to a court order (collectively, “Confidential 

Information”). Confidential Information includes procurement documents that are source 

selection sensitive or contains information submitted to the Government by a vendor which the 

vendor might reasonably consider proprietary or confidential. Confidential Information may 

consist of all or part of a document produced. Any dispute regarding the confidential nature of 

particular material shall not serve as the basis for refusing to produce that particular material. 

Nothing in this Protective Order requires any party to produce documents or information which 

is privileged or otherwise prohibited by law from being produced. 

IV. All copies, duplicates, extracts, summaries, or descriptions (hereinafter referred to

collectively as “copies”) of documents or information designated as Confidential Information 

under this Order, or any portion thereof, must be affixed with the words: “CONFIDENTIAL: 

Subject to Protective Order in Kenneth C. Griffin v. Internal Revenue Service, Case No. 1:22-cv24023-SCOLA/GOODMAN (S.D. Fla.)”.

V. Electronically Stored Information (“ESI”) may be designated as Confidential 

Information. Any physically produced storage device containing confidential ESI must be

affixed with the words: “CONFIDENTIAL: Subject to Protective Order in Kenneth C. Griffin v. 

Case 1:22-cv-24023-RNS Document 85-1 Entered on FLSD Docket 01/04/2024 Page 2 of 8
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Internal Revenue Service, Case No. 1:22-cv-24023-SCOLA/GOODMAN (S.D. Fla.)”. A party or 

third party may also designate ESI as Confidential Information by appending 

“CONFIDENTIAL” to the file name. 

VI. If Confidential Information is introduced during a deposition, the portion of the 

deposition regarding the information may be designated confidential, if such designation is made 

on the record at the time of the deposition or, if the party claiming confidentiality is not present 

at the deposition, by written notice within fourteen days thereafter. The portions of the transcript 

designated as Confidential Information shall be affixed with the words: “CONFIDENTIAL: 

Subject to Protective Order in Kenneth C. Griffin v. Internal Revenue Service, Case No. 1:22-cv24023-SCOLA/GOODMAN (S.D. Fla.)”. 

VII. Except as otherwise provided in this Protective Order, information or documents 

designated as Confidential Information by a party or third-party under this Protective Order shall 

not be used or disclosed by the remaining parties or their counsel or any persons identified in

Paragraph VIII of this Protective Order for any purposes whatsoever other than preparing for and 

conducting the litigation in this lawsuit (including any appeals).

VIII. The parties and counsel for the parties shall not disclose or permit the disclosure 

of any Discovery Material designated as Confidential Information under this Protective Order to 

any other person or entity, except that disclosures may be made in the following circumstances:

a. Disclosures may be made to the Court and its employees.

b. Disclosure may be made to court reporters engaged for depositions or 

court proceedings and those persons, if any, specifically engaged for the

limited purpose of processing, storing, transmitting, or reproducing the

documents or information designated as confidential in this case.

c. Disclosure may be made to:

i. any independent outside experts or consultants retained by the 

parties or their counsel for purposes of this litigation;

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ii. employees and subcontractors of the independent outside experts 

or consultants retained by the parties or by their counsel for 

purposes of this litigation in paraprofessional, clerical, 

stenographic and ministerial positions;

iii. mediators or settlement officers, and their supporting personnel;

iv. any other person as to whom the designating party has consented 

to disclosure in advance.

d. Disclosures may be made to any fact witnesses or potential fact witnesses 

when a good faith determination is made that the documents would be

relevant to their testimony or potential testimony. Such witnesses shall be 

informed of this Protective Order, that it applies to them, and be given a

copy of the Order if requested.

IX. Except as provided otherwise in this Protective Order, counsel for the parties shall 

keep all documents designated as Confidential Information which are received under this 

Protective Order secure within their exclusive possession.

X. No Discovery Material designated as Confidential Information shall be disclosed 

to any person described in subparagraph (d) of paragraph VIII above until such time as such 

persons execute a copy of the Confidentiality Agreement in the form annexed hereto as Exhibit 1 

agreeing to be bound by the terms of this Protective Order. The parties shall retain all copies of 

the Confidentiality Agreements executed by such persons until this action is resolved, at which 

time, upon request, the parties or their attorneys will exchange all the Confidentiality Agreements 

executed in this action.

XI. Nothing in this Protective Order limits the right of any party to seek any 

protection it deems necessary for any documents or information, in accordance with Rule 26 of 

the Federal Rules of Civil Procedure.

XII. Any party may serve a written objection to any designation of confidentiality

made by the designating party. This objection shall specifically identify the material or

information (or, where more practical, the category of material or category of information) for

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which the objecting party wishes to have the designation removed. Within fourteen (14) days of

receipt of such objection or such other time as the parties may agree, the designating party shall: 

(i) review the material to which the objection applies, (ii) notify the objecting party in writing

whether the designating party will agree to remove the designation as requested, and (iii) if the 

designating party will not agree to remove the designation, state with specificity its reasons for

not agreeing. If an agreement cannot be reached, the designating party may move for a ruling

from the Court designating the material as Confidential Information or for other similar

protection, within fourteen (14) days of the expiration of the fourteen (14) day period referenced

above. The material at issue will be treated as Confidential Information until the Court decides

the motion. If the parties disagree about whether the information is properly designated as 

Confidential Information, and the designating party does not timely move the Court, then the

material is deemed to be not confidential.

XIII. Nothing in this Protective Order shall prevent disclosure of any Confidential 

Information if the designating party consents in writing to the disclosure.

XIV. Notwithstanding any provision of this Protective Order, the parties may disclose 

Confidential Information if necessary to comply with a subpoena or court order, whether or not 

originating with the Court in this captioned Protective Order. As soon as practical but no later 

than within seven days of when it is recognized that disclosure of Confidential Information is 

required to comply with a subpoena or court order, the disclosing party shall give written notice 

to the designating party of the impending disclosure, unless otherwise prohibited by law.

XV. After the conclusion of this litigation (including any appeals) all material 

designated Confidential Information pursuant to paragraph III above shall either be destroyed or 

returned to the Designating Party, within sixty (60) days after the conclusion of the litigation, 

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except with respect to (a) material that becomes part of the Court record in this matter, (b) work 

product of counsel, (c) transcripts, exhibits, and other documents required to be maintained by

the written record retention policy of either party or its counsel, provided that all material 

designated confidential pursuant to paragraph III in such retained material is maintained in 

accordance with the provisions hereof. Upon the destruction or return of such Confidential 

Information, the party that destroys or returns such Information shall provide to the designating 

party a certificate of destruction. Notwithstanding this provision, the parties’ attorneys are 

entitled to retain an archival copy of all pleadings, motion papers, trial, deposition, and hearing 

transcripts, legal memoranda, correspondence, deposition and trial exhibits, expert reports, 

attorney work product, and consultant and expert work product, even if such materials contain 

Confidential Information.

XVI. Nothing in this Protective Order shall be grounds for limiting or restricting the use 

of materials filed with the Court or during a public hearing or trial.

XVII. Nothing in this Protective Order shall limit or restrict the ability of a party to use 

its own Discovery Material.

XVIII. The parties agree that, notwithstanding the provisions of this Stipulated Protective 

Order, they must affirmatively seek permission with the Court to file materials under seal. The

parties agree that only material that meets the requirements of Rule 26(c) of the Federal Rules of

Civil Procedure shall be entitled to be filed under seal. The parties agree to meet and confer at 

least five (5) days prior to the deadline for filing summary judgment motions regarding what (if

any) material the producing party intends to argue should be filed under seal, in order to enable

the filing of a motion for protective order with the Court concerning the material (if any).

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XIX. This Protective Order may be modified or amended only by an order of this Court 

or by written agreement between the Parties.

SO ORDERED on the ____ day of ________________, 2024

____________________________

JUDGE

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EXHIBIT 1

CONFIDENTIALITY AGREEMENT

I have received and read all the terms of the Protective Order in Kenneth C. Griffin v. 

Internal Revenue Service, Case No. 1:22-cv-24023-SCOLA/GOODMAN (S.D. Fla.), and 

understand and hereby agree to be bound by all the terms thereof with respect to the use and 

disclosure of information and materials designated as confidential under the Protective Order. I 

further expressly agree that I will not in any way use, disclose, discuss, summarize, reveal or 

refer to any information or material designated confidential for any purpose whatsoever other 

than as permitted in the terms of the Protective Order, unless the Court hereafter alters the 

Protective Order or its applicability to me.

Date:

_____________________________________

Signature

_____________________________________

Print Name, Address, and Phone Number

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