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UNITED STATES DISTRICT COURT 

EASTERN DISTRICT OF MICHIGAN 

NORTHERN DIVISION

HEMLOCK SEMICONDUCTOR 

CORPORATION, 

 Plaintiff, 

v. 

KYOCERA CORPORATION, 

 Defendant.

Case No. 15-CV-11236 (TLL) (PTM) 

Honorable Thomas L. Ludington 

Mag. Judge Patricia T. Morris 

STIPULATION AND ORDER FOR 

THE PRODUCTION AND 

EXCHANGE OF CONFIDENTIAL 

KYOCERA CORPORATION INFORMATION

 Counterclaimant, 

v. 

HEMLOCK SEMICONDUCTOR 

CORPORATION, 

 Counterdefendant.

This matter having come before the Court by stipulation of plaintiff Hemlock 

Semiconductor Corp. (“Hemlock”) and defendant Kyocera Corporation (“Kyocera”), 

for the entry of a protective order pursuant to Fed. R. Civ. Proc. 26, limiting the 

review, copying, dissemination and filing of confidential and/or proprietary 

documents and information to be produced by any party and their respective counsel 

or by any non-party in the course of discovery in this matter to the extent set forth 

below; and the parties, by, between and among their respective counsel, having 

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stipulated and agreed to the terms set forth herein, and good cause having been 

shown; 

IT IS HEREBY ORDERED that: 

1. This Stipulation is being entered into to facilitate the production, 

exchange and discovery of documents and information that the parties agree merit 

confidential treatment, including documents, depositions, deposition exhibits, 

interrogatory responses, admissions and any other information or material produced, 

given or exchanged by and among the parties and any non-parties to the abovecaptioned action (the “Litigation”) in connection with discovery in the Litigation 

(such information or material hereinafter referred to as “Discovery Material”).

2. Any party or non-party may designate Discovery Material as 

“confidential,” either by notation on the document, statement on the record of the 

deposition, written advice to the respective undersigned counsel for the parties 

hereto, or by other appropriate means.

3. As used herein: 

(a) “Confidential Information” shall mean all information, including but not 

limited to that contained within Discovery Material, designated as “confidential” in 

accordance with the preceding paragraph if such information consists of, or would 

otherwise disclose to the reader, trade secrets, proprietary business information, 

competitively sensitive information, nonpublic personal information, or other 

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information the disclosure of which would, in the good faith judgment of the party 

designating the material as confidential, be detrimental to the conduct of that party’s 

business or the business of any of that party’s customers or clients.

(b) “Producing party” shall mean the parties to this action and any nonparty producing “Confidential Information” in connection with depositions, 

document production or otherwise, or the party asserting the confidentiality 

privilege, as the case may be.

(c) “Receiving party” shall mean the party to this action and/or any nonparty receiving “Confidential Information” in connection with depositions, 

document production or otherwise.

4. The Receiving party may, at any time, notify the Producing party that 

the Receiving party does not concur in the designation of Discovery Material as 

Confidential Information. If the Producing party does not agree to declassify such 

Discovery Material, the Receiving party may move before the Court for an order 

declassifying that Discovery Material. If no such motion is filed, such Discovery 

Material shall continue to be treated as Confidential Information. If such motion is 

filed, the documents or other materials shall be deemed Confidential Information 

unless and until the Court rules otherwise.

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5. Except with the prior written consent of the Producing party or by 

Order of the Court, “Confidential Information” shall not be furnished, shown or 

disclosed to any person or entity except to: 

(a) personnel of the parties to this action actually engaged in assisting in the 

preparation of this action for trial or other proceeding herein and who have been 

advised of their obligations hereunder; 

(b) personnel of the corporate parents of the parties, Kyocera and Hemlock, 

engaged in assisting in the preparation of this action for trial or other proceeding 

herein and who have been advised of their obligations hereunder;

(c) former personnel of the parties to this action actually engaged in 

assisting in the preparation of this action for trial or other proceeding herein and who 

have consented in writing, in the form of Exhibit A attached hereto, to comply with 

and be bound by its terms;

(d) counsel for the parties to this action and their associated attorneys, 

paralegals and other professional personnel (including support staff) who are directly 

assisting such counsel in the preparation of this action for trial or other proceeding 

herein, are under the supervision or control of such counsel, and who have been 

advised by such counsel of their obligations hereunder;

(e) expert witnesses or consultants retained by the parties or their counsel 

to furnish technical or expert services in connection with this action or to give 

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testimony with respect to the subject matter of this action at the trial of this action or 

other proceeding herein; provided, however, that such Confidential Information is 

furnished, shown or disclosed in accordance with paragraph 7 hereof;

(f) the Court and court personnel, if filed in accordance with paragraph 12 

hereof; 

(g) an officer before whom a deposition is taken, including stenographic 

reporters and any necessary secretarial, clerical or other personnel of such officer, if 

furnished, shown or disclosed in accordance with paragraph 10 hereof;

(h) trial and deposition witnesses, if furnished, shown or disclosed in 

accordance with paragraphs 9 and 10, respectively, hereof; and 

(i) any other person agreed to by the parties. 

6. Confidential Information shall be utilized by the Receiving party and its 

counsel only for purposes of this litigation and for no other purposes.

7. Before any disclosure of Confidential Information is made to an expert 

witness or consultant pursuant to paragraph 5(d) hereof, the expert or consultant will 

execute the written agreement in the form of Exhibit A attached hereto. Counsel for 

the party obtaining the certificate shall supply a copy to counsel for the other party at 

the time of the disclosure of the information required to be disclosed by Fed. R. Civ. 

Proc. 26(a)(2), except that any certificate signed by an expert or consultant who is 

not expected to be called as a witness at trial is not required to be supplied.

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8. All depositions shall presumptively be treated as Confidential 

Information and subject to this Stipulation during the deposition and for a period of 

fifteen (15) days after a transcript of said deposition is received by counsel for each 

of the parties. At or before the end of such fifteen day period, the deposition, or 

pages thereof, shall be classified appropriately.

9. Should the need arise for any of the parties to disclose Confidential 

Information during any hearing or trial before the Court, including through argument 

or the presentation of evidence, such party may do so only after taking such steps as 

the Court, upon motion of the disclosing party, shall deem necessary to preserve the 

confidentiality of such confidential Information.

10. This Stipulation shall not preclude counsel for the parties from using 

during any deposition in this action any Discovery Material which has been 

designated as Confidential Information under the terms hereof. Any court reporter 

and deposition witness who is given access to Confidential Information shall, prior 

thereto, be provided with a copy of this Stipulation and shall execute the certificate 

annexed hereto. Counsel for the party obtaining the certificate shall supply a copy 

to counsel for the other party.

11. A party may designate as Confidential Information subject to this 

Stipulation any Discovery Material produced or given by any non-party to this case, 

or any portion thereof. In the case of documentary Discovery Material, designation 

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shall be made by notifying all counsel in writing of those documents which are to be 

stamped and treated as such at any time up to fifteen (15) days after actual receipt of 

copies of those documents by counsel for the party asserting the confidentiality 

privilege. In the case of deposition Testimony, designation shall be made by 

notifying all counsel in writing of those portions which are to be stamped or 

otherwise treated as such at any time up to fifteen (15) days after the transcript is 

received by counsel for the party asserting the confidentiality privilege. Prior to the 

expiration of such fifteen day period (or until a designation is made by counsel, if 

such a designation is made in a shorter period of time), all such documents shall be 

treated as Confidential Information.

12.

(a) A Receiving party who seeks to file with the Court any Discovery 

Material that has previously been designated as comprising or containing 

Confidential Information, and any pleading, brief or memorandum which 

reproduces, paraphrases or discloses Confidential Information shall provide all other 

parties with seven days’ written notice of its intent to file such material with the 

Court, so that the Producing Party may file a motion under Local Rule 5.3 to seal 

such Confidential Information asserting good cause for such sealing. The 

Confidential Information shall not be filed until the Court renders a decision on the 

motion to seal. In the event the motion to seal is granted, all Discovery Material 

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which was the subject of the order to seal (and any pleading, memorandum or 

correspondence which reproduces, paraphrases or discloses such Discovery 

Material), shall be filed in accordance with the ECF Policies and Procedures for the 

filing of sealed items.

(b) All pleadings, briefs or memoranda which reproduce, paraphrase or 

disclose any documents which have previously been designated by a party as 

comprising or containing Confidential Information, shall identify such documents by 

the production number ascribed to them at the time of production. 

13. Any person receiving Confidential Information shall not reveal or 

discuss such information to or with any person not entitled to receive such 

information under the terms hereof. 

14. If a Receiving party is served with a subpoena or other compulsory 

process that seeks production or disclosure of Confidential Information produced by 

a Producing party, then prior to compliance, the Receiving party shall give prompt 

written notice thereof to the Producing party, including a copy of the subpoena or 

other compulsory process. Written notice shall be at least ten (10) business days 

prior to any deadline for production or disclosure, or as promptly as possible if the 

subpoena or other compulsory process requests production in fewer than ten (10) 

business days after its service. This Stipulation shall not be construed as requiring 

any person covered by this Order to contest or object to a subpoena or other process, 

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to appeal any order requiring production of Confidential Information, or to subject 

itself to penalties for non-compliance with any legal process or Order.

15. Any Discovery Material that may contain Confidential Information that 

has been inadvertently produced without identification as to its “confidential” nature 

as provided in paragraphs 2 and/or 11 of this Stipulation, may be so designated by 

the party asserting the confidentiality privilege by written notice to the undersigned 

counsel for the Receiving party identifying the Discovery Material as “confidential” 

within a reasonable time following the discovery that the document or information 

has been produced without such designation.

16. Extracts and summaries of Confidential Information shall also be 

treated as confidential in accordance with the provisions of this Stipulation. 

17. The production or disclosure of Confidential Information shall in no 

way constitute a waiver of each party’s right to object to the production or disclosure 

of other information in this action or in any other action.

18. A Producing party’s inadvertent disclosure in connection with this 

action of one or more documents that such Producing party believes constitute, 

contain or reflect information otherwise protected by the attorney-client privilege, 

the work product doctrine or any other privilege or immunity from discovery 

(“Privileged Documents”), shall not constitute a waiver with respect to such 

Privileged Documents or generally of such privilege or immunity. If a Receiving 

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party receives materials that appear to be subject to an attorney-client privilege or 

otherwise protected by a discovery privilege or immunity, the Receiving party shall 

refrain from viewing the materials any further and shall immediately notify the 

Producing party in writing that he or she possesses material that appears to be 

privileged. If a Producing party makes a claim of inadvertent disclosure, it shall so 

notify the other parties and request return of the alleged Privileged Documents. 

Upon such notice, the Receiving party shall, within five business days, return or 

destroy (and permanently delete from any electronic storage or media) all documents 

and information identified by the Producing party and expunge from any other 

document or material any information derived from the inadvertently produced 

Privileged Documents, and provide a certification of counsel that all such 

information has been returned, destroyed and expunged. The Receiving parties may 

move the Court for an order compelling production of the alleged Privileged 

Documents, but may not assert as a ground for compelling production the fact or 

circumstance that the alleged Privileged Documents have already been produced. 

The Producing party retains the burden of establishing the privilege or protected 

nature of any inadvertently produced Privileged Documents. Nothing in this 

Stipulation and Order shall limit the right of any party to request an in camera 

review of the inadvertently produced Privileged Documents.

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19. This Stipulation is entered into without prejudice to the right of any 

party to seek relief from, or modification of, this Stipulation or any provisions 

thereof by properly noticed motion to the Court or to challenge any designation of 

confidentiality as inappropriate under the Federal Rules or other applicable law.

20. This Stipulation shall be governed by, and construed in accordance 

with, the laws of the State of Michigan, without giving effect to its principles or 

rules regarding conflicts of laws. The provisions of this Stipulation shall be binding 

upon the parties. All modifications of, waivers of and amendments to this 

Stipulation must be in writing and signed by, or on behalf of, the parties. 

21. This Stipulation has no effect upon, and shall not apply to, the parties’ 

use of their own Discovery Material for any purpose. Nothing herein shall impose 

any restrictions on the use or disclosure by a party of documents, materials, or 

information designated as Confidential that has been obtained lawfully by such party 

independently of the proceedings in this Litigation.

22. In the event that additional parties join or are joined in this Litigation, 

they shall not have access to Confidential Discovery Material until the newly joined 

party by its counsel has executed and filed with the Court its agreement to be fully 

bound by this Stipulation. 

23. The parties agree to be bound by the terms of this Stipulation pending 

the entry by the Court of this Stipulation, and any violation of its terms shall be 

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subject to the same penalties and sanctions, as if this Stipulation had been entered by 

the Court. 

24. This Stipulation shall continue to be binding after the conclusion of this 

litigation except: 

(a) that there shall be no restriction on documents that are used as exhibits in 

Court (unless such exhibits were filed under seal); and (b) that a party may seek the 

written permission of the Producing party or further order of the Court with respect 

to dissolution or modification of the Stipulation. The provisions of this Stipulation 

shall, absent prior written consent of all parties, continue to be binding after the 

conclusion of this action.

25. Nothing herein shall be deemed to waive any privilege recognized by 

law, or shall be deemed an admission as to the admissibility in evidence of any facts 

or documents revealed in the course of disclosure. 

26. Unless the Court directs otherwise, sealed items will be handled in 

accordance with Local Rule 5.3(e) following termination of this matter. An order for 

the return of Confidential Information to the parties or attorneys who submitted them 

shall require counsel to maintain one archival copy of depositions exhibits, 

transcripts, Court exhibits and transcripts, and documents and information included 

in submissions to the Court.

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27. Within sixty (60) days after the final termination of this litigation by 

settlement or exhaustion of all appeals, all Confidential Information produced or 

designated during the course of this Litigation, and all reproductions thereof, shall be 

returned to the Producing Party or shall be destroyed, at the option of the Producing 

Party. In the event that any party chooses to destroy physical objects and documents, 

such party shall certify in writing within sixty (60) days of the final termination of 

this litigation that it has undertaken its best efforts to destroy such physical objects 

and documents, and that such physical objects and documents have been destroyed 

to the best of its knowledge. Notwithstanding anything to the contrary, counsel of 

record for the parties may retain one copy of documents constituting work product, a 

copy of pleadings, motion papers, discovery responses, deposition transcripts, and 

deposition and trial exhibits. This Stipulation shall not be interpreted in a manner 

that would violate any applicable cannons of ethics or codes of professional 

responsibility. Nothing in this Stipulation shall prohibit or interfere with the ability 

of counsel for any party, or of experts specially retained for this case, to represent 

any individual, corporation, or other entity adverse to any party or its affiliate(s) in 

connection with any other matters.

28. This Stipulation may be changed by further order of this Court, and is 

without prejudice to the rights of a party to move for relief from any of its provisions, 

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or to seek or agree to different or additional protection for any particular material or 

information.

 It is so ORDERED. 

s/Thomas L. Ludington 

 THOMAS L. LUDINGTON 

 United States District Judge 

Dated: July 29, 2015 

 

PROOF OF SERVICE 

The undersigned certifies that a copy of the foregoing order was served 

upon each attorney or party of record herein by electronic means or first 

class U.S. mail on July 29, 2015. 

 s/Suzanne M. Gammon 

 SUZANNE M. GAMMON 

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Dated: July 23, 2015 

By: /s/ William V. O’Connor 

 William V. O’Connor 

Robert A. Hahn (P28193) 

Jungerheld, Hahn & Washburn, P.C. 

P.O. Box 6128 

Saginaw, MI 48608-6128 

Tel: (989) 790-0000 

r.hahn@ameritech.net 

Keefe A. Brooks (P31680) 

Brooks Wilkins Sharkey & Turco, PLLC 

401 S. Old Woodward, Suite 400 

Birmingham, MI 48009 

Tel: (248) 971-1800 

brooks@bwst-law.com 

David C. Doyle 

M. Andrew Woodmansee 

William V. O’Connor 

Morrison & Foerster LLP 

12531 High Bluff Drive 

San Diego, CA 92130-2040 

Tel: (858) 720-5100 

ddoyle@mofo.com 

mawoodmansee@mofo.com 

woconnor@mofo.com 

Attorneys for Defendant and 

Counterclaimant Kyocera Corporation

By: w/consent Craig W. Horn 

 Craig W. Horn 

Craig W. Horn (P34281) 

Braun Kendrick Finkbeiner P.L.C. 

4301 Fashion Square Blvd. 

Saginaw, MI 48603 

Tel: (989) 399-0217 

crahor@braunkendrick.com 

Of Counsel: 

J. Peter Coll, Jr. 

John Ansbro 

Thomas Kidera 

Orrick, Herrington & Sutcliffe LLP 

51 West 52nd Street 

New York, NY 10019-6142 

Tel: (212) 506-5000 

pcoll@orrick.com 

jansbro@orrick.com 

tkidera@orrick.com 

Attorneys for Plaintiff and Counterdefendant

Hemlock Semiconductor Corp 

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sd-664779 

EXHIBIT “A” 

UNITED STATES DISTRICT COURT 

EASTERN DISTRICT OF MICHIGAN 

NORTHERN DIVISION

HEMLOCK SEMICONDUCTOR 

CORPORATION, 

 Plaintiff, 

v. 

KYOCERA CORPORATION, 

 Defendant.

Case No. 15-CV-11236 (TLL) (PTM) 

Honorable Thomas L. Ludington 

Mag. Judge Patricia T. Morris 

AGREEMENT WITH RESPECT TO 

CONFIDENTIAL MATERIAL

KYOCERA CORPORATION 

 Counterclaimant, 

v. 

HEMLOCK SEMICONDUCTOR 

CORPORATION, 

 Counterdefendant.

I, , state that: 

1. My address is 

 

2. My present employer is 

 

3. My present occupation or job description is 

 

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sd-664779 

4. I have received a copy of the Stipulation for the Production and 

Exchange of CONFIDENTIAL INFORMATION (the “Stipulation”) entered in the 

above-entitled action on . 

5. I have carefully read and understand the provisions of the Stipulation. 

6. I will comply with all of the provisions of the Stipulation. 

7. I will hold in confidence, will not disclose to anyone not qualified under 

the Stipulation, and will use only for purposes of this action, any Confidential 

Information that is disclosed to me. 

8. I will return all Confidential Information that comes into my 

possession, and documents or things that I have prepared relating thereto, to counsel 

for the party by whom I am employed or retained, or to counsel from whom I 

received the Confidential Information. 

9. I hereby submit to the jurisdiction of this court for the purpose of 

enforcement of the Stipulation in this action. 

Dated: 

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sd-664779 

CERTIFICATE OF SERVICE 

I certify that on July 22, 2015, I caused a copy of the foregoing to be filed 

electronically and that the document is available for viewing and downloading 

from the ECF system. Participants in the case who are registered CM/ECF users 

will be served by the CM/ECF system. 

By: /s William V. O’Connor 

 WILLIAM V. O’CONNOR 

 WOConnor@mofo.com 

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