EXHIBIT A

Case 6:20-cv-00277-ADA Document 39-1 Filed 10/07/20 Page 1 of 18
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IN THE UNITED STATES DISTRICT COURT

FOR THE WESTERN DISTRICT OF TEXAS 

WACO DIVISION

NCS MULTISTAGE INC.

 Plaintiff,

§

§

§

§

CIVIL ACTION NO. 6:20-cv-00277-ADA

vs. §

§

NINE ENERGY SERVICE, INC.

 

 Defendant.

§

§

§

§

[PROPOSED] PROTECTIVE ORDER

WHEREAS, Plaintiff NCS Multistage Inc. (“NCS”) and Defendant Nine Energy Service, 

Inc. (“Nine Energy”), hereafterreferred to as “the Parties,” believe that certain informationthatis

orwill be encompassed by discovery demands by the Parties involves the production or 

disclosure of trade secrets, confidential business information, or other proprietary information in 

the above-referenced action (the “Action”); and

WHEREAS, the Partiesseek a protectiveorderlimitingdisclosurethereofinaccordance with

Federal Rule of Civil Procedure 26(c):

THEREFORE, it is hereby stipulated among the Parties and ORDERED that:

1. Each Party may designate as confidentialfor protection underthisOrder, in wholeorin part, 

any document, information or material that constitutes or includes, in whole or in part, 

confidentialor proprietary informationortrade secrets ofthe Party or a Third Party to whom 

the Party reasonably believes it owes an obligation of confidentiality with respect to such 

document, information, or material (“Protected Material”). Protected Material shall be 

designated by the Party producing it by affixing a legend or stamp on such document, 

information or material as follows: “CONFIDENTIAL” or “CONFIDENTIAL -

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ATTORNEYS’ EYES ONLY” or “CONFIDENTIAL - AEO PROSECUTION BAR”

The words “CONFIDENTIAL” or “CONFIDENTIAL - ATTORNEYS’ EYES ONLY”

or “CONFIDENTIAL - AEO PROSECUTION BAR” shallbe placed clearly oneachpage

of the Protected Material(exceptdepositionandhearing transcripts)forwhich such

protection issought. For deposition and hearingtranscripts, the words 

“CONFIDENTIAL” or “CONFIDENTIAL - ATTORNEYS’ EYES ONLY” or 

“CONFIDENTIAL - AEO PROSECUTION BAR” shall be placed on the cover page of 

the transcript (if not already present on the cover page of the transcript when received 

from the court reporter) by each attorney receiving a copy of the transcript after that

attorney receives notice of the designation of some or all of that transcript as 

“CONFIDENTIAL” or “CONFIDENTIAL - ATTORNEYS’ EYES ONLY” or 

“CONFIDENTIAL – AEO PROSECUTION BAR.” All Protected Material not reduced 

to documentary, tangible, or physical form or which cannot be conveniently designated 

shall be designated by the producing Party by informing the receiving Party of the 

designation in writing.

2. Pursuant to the Court’s Order Governing Proceedings – Patent Cases (Dkt. 20), any

document produced before issuance of this Orderwith the designation “Confidential” or

“Confidential-Outside Attorneys’EyesOnly” shall receive the same treatment as if

designated “CONFIDENTIAL - ATTORNEYS’ EYES ONLY” underthisOrder, unless

and untilsuch documentisredesignated to have a different classification under this Order.

3. With respect to documents, information or material designated “CONFIDENTIAL” 

or “CONFIDENTIAL - ATTORNEYS’ EYES ONLY” or “CONFIDENTIAL - AEO 

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PROSECUTION BAR” (“DESIGNATED MATERIAL”),1 subject to the provisions

herein and unless otherwise stated, this Order governs, without limitation: (a) all 

documents, electronically stored information, and/or things as defined by the Federal

Rules of Civil Procedure;(b) allpretrial, hearingor depositiontestimony,or documents

marked as exhibits orforidentificationin depositions andhearings;(c) pretrialpleadings,

exhibitsto pleadings and other court filings; (d) affidavits; and (e) stipulations. All

copies, reproductions, extracts, digests and complete or partial summaries prepared

from any DESIGNATED MATERIALS shall also be considered DESIGNATED

MATERIAL and treated as such under this Order.

4. A designation of Protected Material (i.e., “CONFIDENTIAL” or “CONFIDENTIAL -

ATTORNEYS’ EYES ONLY” or “CONFIDENTIAL - AEO PROSECUTION BAR”) 

may be made at any time. Inadvertent or unintentional production of documents, 

information or material that has not been designated as DESIGNATED MATERIAL shall 

notbe deemed a waiverin whole or in part of a claimfor confidentialtreatment. Any

party that inadvertently or unintentionally produces Protected Material without

designating it as DESIGNATEDMATERIALmay requestdestruction ofthatProtected

Materialby notifying the recipient(s), assoon asreasonably possible after the producing

Party becomes aware of the inadvertent or unintentional disclosure, and providing 

replacement Protected Material thatis properlydesignated. The recipient(s)shallthen

destroy all copies ofthe inadvertently or unintentionally produced Protected Materials and

1 The term DESIGNATED MATERIAL is used throughout this Protective Order to refer to the 

class of materials designated as “CONFIDENTIAL,” or “CONFIDENTIAL - ATTORNEYS’ 

EYES ONLY or “CONFIDENTIAL - AEO PROSECUTION BAR,” both individually and 

collectively.

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any documents, informationormaterial derived from or based thereon.

5. In the event of any disclosure of DESIGNATED MATERIAL other than in a manner 

authorized by this Protective Order, including any unintentional or inadvertent disclosure, 

the Party responsible for having made such disclosure, and each Party with knowledge 

thereof, shall immediately notify counsel for the producing Party and provide to such 

counsel all known relevant information concerning the nature and circumstances of the 

disclosure. The responsible disclosing Party shall also make every effort to further 

prevent unauthorized disclosure, including retrieving all copies of the DESIGNATED 

MATERIAL form the recipient(s) thereof, and making reasonable efforts to secure the 

agreement of the recipients not to further disseminate the DESIGNATED MATERIAL in 

any form. Compliance with the foregoing shall not prevent the producing Party from 

seeking further relief from the Court. Unauthorized or inadvertent disclosure does not 

change the status of DESIGNATED MATERIAL or waive the right to hold the disclosed 

document or information as Protected.

6. “CONFIDENTIAL” documents, information and material may be disclosed only to the 

followingpersons, exceptupon receiptof the priorwritten consentof the designatingparty, 

upon order of the Court:

(a) outside counsel of record in this Action for the Parties;

(b) employees of such counsel assigned to and reasonably necessary to assist such 

counsel in the litigation of this Action;

(c) in-house counselforthe Partieswho either have responsibility formakingdecisions 

dealing directly with the litigation of this Action, or who are assisting outside 

counsel in the litigation of this Action;

(d) up to and includingthree (3) designated representatives of each of the Parties to

the extentreasonably necessary forthe litigation of this Action, exceptthat either

party may in good faith request the other party’s consent to designate one

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or more additional representatives, the other party shall not unreasonably 

withhold such consent, and the requesting party may seek leave of Court to 

designate such additional representative(s) if the requesting party believes the 

other party has unreasonably withheld such consent;

(e) outside consultants or experts(i.e., not existingemployees or affiliates of a Party) 

retained for the purpose of this litigation, provided that: (1) such consultants or 

experts are not presently employed by the Parties hereto for purposes other than

this Action; (2) before access is given, the consultant or expert has completed the

Undertaking attached as Exhibit A hereto and the same is served uponthe

producingParty with a current curriculum vitae of the consultantor expert at least

ten (10) days before access to the Protected Material is to be given to that 

consultant to provide the other party opportunity to object to and notify the

receiving Party in writing that it objectsto disclosure of ProtectedMaterialto the

consultantor expert. The Parties agree to promptly confer and use good faith to 

resolve any such objection. If the Parties are unable to resolve any objection, the

objecting Party may file a motion with theCourtwithin fifteen (15) days of the

notice, orwithin such othertime asthe Parties may agree,seekinga protective

orderwith respectto the proposed disclosure. The objectingParty shallhave the

burden of provingthe need for a protectiveorder. No disclosure shall occur until

all such objections are resolved by agreement or Court order;

(f) independent litigation supportservices, including persons working for or as 

court reporters, graphics or design services, jury or trial consulting services, and 

photocopy, document imaging, and database services retained by counsel and 

reasonably necessary to assist counsel with the litigation of this Action; and

(g) the Court and its personnel.

(h) Any mediator selected or assigned to hear this matter, and his or her staff, subject 

to their agreement to maintain confidentiality to the same degree as required by 

this Protective Order.

7. A Party shall designate documents, information or material as “CONFIDENTIAL” only 

upon a good faith belief that the documents, information or material contains 

confidential, proprietary, trade secret, or commercial, or research and developmental 

information of the Party or a Third Party to whom the Party reasonably believesitowes

an obligation of confidentiality with respectto such documents, information or material.

8. DESIGNATED MATERIAL shall be used by the Parties only in the litigation of this

Action and shall not be used for any other purpose. Any person or entity who obtains

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access to DESIGNATED MATERIAL or the contents thereof pursuant to this Order shall

not make any copies, duplicates, extracts,summaries or descriptions of such

DESIGNATED MATERIAL or any portion thereof except as may be reasonably

necessary in the litigation of this Action. Any such copies, duplicates, extracts, 

summaries or descriptions shall be classified DESIGNATED MATERIALS and subject

to all of the terms and conditions of this Order.

9. To the extent a producing Party believes in good faith that certain Protected Material

qualifying to be designated “CONFIDENTIAL” is so sensitive that its dissemination to 

the other Party or a non-Party would create a substantial risk of serious harm that could 

not be avoided by less restrictive means, the producing Party may designate such

Protected Material “CONFIDENTIAL - ATTORNEYS’ EYES ONLY.” To the extent a 

producing Party believes in good faith that certain Protected Material qualifying to be 

designated “CONFIDENTIAL – ATTORNEYS’ EYES ONLY” is so sensitive that its 

dissemination to a person responsible for prosecuting patent application(s) for the other

Party would create a substantial risk of serious harm that could not be avoided by less 

restrictive means, the producing Party may designate such Protected Material 

“CONFIDENTIAL – AEO PROSECUTION BAR.” 

10. For Protected Material designated “CONFIDENTIAL - ATTORNEYS’ EYES ONLY,”

access to, and disclosure of, such Protected Material shall be limited to individuals listed 

in paragraphs 6(a-b) and (e-g). 

11. For Protected Material designated “CONFIDENTIAL – AEO PROSECUTION BAR,” 

access to, and disclosure of, such Protected Material shall be limited in the same manner 

as Protected Material desginated “CONFIDENTIAL – ATTORNEYS’ EYES ONLY.” 

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Further, any person permitted to receive Protected Material designated 

“CONFIDENTIAL - AEO PROSECUTION BAR,”, who obtains, receives, has access to,

or otherwise learns, in whole or in part, the other Party’s Protected Material designated 

“CONFIDENTIAL - AEO PROSECUTION BAR under this Order shall not prepare, 

prosecute, supervise, or assist in the preparation or prosecution of any patent application

on behalf of the receiving Party or its acquirer,successor, predecessor, or other affiliate

duringthe pendency ofthisActionandfor oneyear afterits conclusion,includingany

appeals. To ensure compliance with the purpose of this provision, each Party shall create

an “Ethical Wall” between those persons with access to Protected Material designated 

“CONFIDENTIAL - AEO PROSECUTION BAR and any individuals who, on behalf of

the Party orits acquirer,successor, predecessor,or other affiliate, prepare,prosecute,

supervise or assistin the preparation or prosecutionof anypatent application pertainingto

the field of invention of the patent(s)-in-suit.

12. Nothing in this Order shall require production of documents, information or other

material that a Party contendsis protected fromdisclosureby the attorney-clientprivilege,

the work product doctrine, or other privilege, doctrine, or immunity. If documents, 

information or othermaterialsubjectto a claimof attorney-clientprivilege, work product

doctrine, or other privilege, doctrine, or immunity is inadvertently or unintentionally 

produced, such production shall in no way prejudice or otherwise constitute a waiver of,

or estoppel as to, any such privilege, doctrine, or immunity. Any Party that inadvertently

or unintentionally producesdocuments, informationor othermaterialitreasonably believes

are protected under the attorney-clientprivilege, workproductdoctrine,or other privilege,

doctrine, orimmunity may obtain the return of such documents, information or other

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material by promptly notifying the recipient(s) and providing a privilege log for the 

inadvertently or unintentionally produced documents, information or other material. The

recipient(s) shall gather and return all copies of such documents, information or other 

material to the producingParty, exceptfor any pages containingprivileged or otherwise

protected markings by the recipient(s), which pages shall instead be destroyed and

certified as such to the producing Party.

13. There shall be no disclosure of any DESIGNATED MATERIAL by any person

authorized to have accesstheretoto any person who is not authorized forsuch access

underthisOrder. The Parties are hereby ORDERED to safeguard all such documents, 

information and material to protect against disclosure to any unauthorized persons or 

entities.

14. Nothing contained herein shall be construed to prejudice any Party’s right to use

any DESIGNATEDMATERIAL in takingtestimony at any depositionor hearing

provided that the DESIGNATEDMATERIAL is only disclosed to a person(s)who is:(i)

eligible to have access to the DESIGNATED MATERIAL by virtue of his or her

employment with the designatingparty,(ii)identified in the DESIGNATEDMATERIAL

as an author, addressee, or copy recipient of such information, (iii) although not identified 

as an author, addressee, or copy recipient of such DESIGNATED MATERIAL, has, in 

the ordinary course of business,seen such DESIGNATED MATERIAL, (iv) a current or

former officer, director or employee of the producing Party or a current or former officer, 

director or employee of a company affiliated with the producing Party; (v) counsel for a 

Party, including outside counsel and in-house counsel (subject to paragraph 10 of this 

Order); (vi) an independent contractor, consultant, and/or expert retained for the purpose

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of this litigation; (vii) court reporters and videographers; (viii) the Court; or (ix) other 

persons entitled hereunder to accessto DESIGNATEDMATERIAL. DESIGNATED

MATERIAL shallnotbe disclosed to any other persons unless prior authorization is

obtained from counsel representing the producing Party or from the Court.

15. Parties may, at the deposition or hearing or within thirty (30) days after receipt of

a deposition or hearingtranscript, designate the deposition or hearingtranscriptor any

portion thereof as “CONFIDENTIAL” or “CONFIDENTIAL - ATTORNEY’ EYES 

ONLY” or “CONFIDENTIAL - AEO PROSECUTION BAR” pursuantto thisOrder.

Accessto the deposition or hearingtranscriptso designated shall be limited in accordance

with the terms of this Order. Until expiration of the 30-day period, the entire deposition

or hearing transcript shall be treated as “CONFIDENTIAL – ATTORNEYS’ EYES 

ONLY.”

16. Even in the absence of a designation by a party of a deposition or hearing transcript, any 

DESIGNATED MATERIAL that is used in the taking of a deposition shall remain 

subject to the provisions of this Protective Order, along with the transcript pages of the 

deposition testimony incorporating or discussing DESIGNATED MATERIAL. 

Where DESIGNATED MATERIAL is used in a deposition or hearing, the court reporter 

and videographer shall be informed of this Protective Order and asked to execute a copy 

of Exhibit A prior to the use of such DESIGNATED MATERIAL. In the event that the 

deposition is videotaped, the original and all copies of the videotape shall be marked to 

indicate that the contents of the videotape are subject to the protective order, such as 

“Contents Subject To Protective Order,” or similar. 

17. Counsel for any producing Party shall have the right to exclude from oral depositions, 

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other than the deponent, deponent’s counsel, the reporter and videographer (if any), any 

person who is not authorized by this Protective Order to receive or access 

DESIGNATED MATERIAL based on the designation of such DESIGNATED 

MATERIAL. Such right of exclusion shall be applicable only during periods of 

examination or testimony regarding such DESIGNATED MATERIAL.

18. No Party may remove, or cause to be removed, DESIGNATED MATERIAL produced 

by another Party from the territorial boundaries of the United States of America

and Canada. Without limitation, this prohibition extends to DESIGNATED 

MATERIAL (including copies) in physical and electronic form. The viewing of 

DESIGNATED MATERIAL through electronic means outside the territorial limits of 

the United States of America and Canada is similarly prohibited. Notwithstanding this 

prohibition, DESIGNATED MATERIAL, and to the extent otherwise permitted by 

law, may be taken outside the territorial limits of the United States and Canada if it is 

reasonably necessary for a deposition in this litigation taken in a foreign country. 

The restrictions contained within this paragraph may be amended through the 

consent of the producing Party to the extent that such agreed to procedures conform with 

applicable export control laws and regulations.

19. Any DESIGNATED MATERIAL that is filed with the Court shall be filed under seal 

and shall remain under seal until further order of the Court. The filing party shall file 

sealed documents in accordance with Local Civil Rule 5.2. If a pretrial pleading filed 

with the Court, or an exhibit thereto, discloses or relies on confidential documents, 

information or material, such confidential portions shall be redacted to the extent 

necessary and the pleading or exhibit filed publicly with the Court.

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20. The Order applies to pretrial discovery. Nothing in this Order shall be deemed to

prevent the Parties from introducing any DESIGNATED MATERIAL into evidence at

the trial of this Action, or from using any information contained in DESIGNATED 

MATERIAL at the trial of this Action, subject to any pretrial order issued by this Court. 

21. A Party may request in writing to the other Party that the designation given to any 

DESIGNATED MATERIAL be modified or withdrawn. If the designating Party does

not agree to redesignation within ten (10) days of receipt of the written request, the

requesting Party may apply to theCourt forrelief. Upon any such application to the

Court, the burden shall be on the designating Party to show why its classification is

proper. Such application shall be treated procedurally as a motion to compel pursuant to 

Federal Rules of Civil Procedure 37, subject to the Rule’s provisions relating to 

sanctions. In making such application, the requirements of the Federal Rules of Civil 

Procedure and the Local Rules of the Court shall be met. Pending the Court’s 

determination of the application, the designation of the designating Party shall be 

maintained.

22. Each outside consultant or expert to whom DESIGNATED MATERIAL is disclosed

in accordance with the terms of this Order shall be advised by counsel of the terms of

this Order, shall be informed that he or she is subject to the terms and conditions of this

Order, and shallsign an acknowledgment that he or she has received a copy of, has read,

and has agreed to be bound by this Order. A copy of the acknowledgment form is

attached as Exhibit A.

23. To the extent that any discovery is taken of persons who are not Parties to this Action 

(“Third Parties”) and in the event that such Third Parties contended the discovery sought 

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involves trade secrets, confidential businessinformation, or other proprietary

information, then such Third Parties may agree to be bound by this Order.

24. To the extent that discovery or testimony is taken of Third Parties, the Third Parties may 

designate as “CONFIDENTIAL” or “CONFIDENTIAL - ATTORNEYS’ EYES 

ONLY” any documents, information or other material, in whole or in part, produced or 

given by such Third Parties. The Third Partiesshallhave ten (10) days after production of

such documents, information or other materials to make such a designation. Until that

time period lapses or untilsucha designation has been made, whichever occurssooner, all

documents, information or othermaterialso produced or given shallbe treatedas

“CONFIDENTIAL – ATTORNEYS’ EYES ONLY” in accordance with this Order.

25. Within thirty (30) days of final termination of this Action, including any appeals,

all DESIGNATEDMATERIAL, includingall copies, duplicates,abstracts, indexes,

summaries, descriptions, and excerpts or extracts thereof (excluding excerpts or extracts 

incorporated into any privileged memoranda of the Parties and materials which have been

admitted into evidence in this Action), shall at the producing Party’s election either be 

returned to the producing Party or be destroyed. Upon the producing Party’s request, the

receiving Party shall verify the return or destruction by affidavit furnished to the 

producing Party.

26. The failure to designate documents, information or material in accordance with this 

Order and the failure to object to a designation at a given time shall not preclude the 

filing of a motion at a later date seeking to impose such designation or challenging the

propriety thereof. The entry of this Order and/or the production of documents,

information and material hereunder shall in no way constitute a waiver of any objection

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to the furnishing thereof, all such objections being hereby preserved.

27. Any Party knowing or believing that any other party is in violation of or intendsto

violate this Order and has raised the question of violation or potential violation with the 

opposing party and has been unable to resolve the matter by agreement may move the 

Court for such relief asmay be appropriate in the circumstances. Pendingdisposition of

the motion by the Court, the Party alleged to be in violation of or intending to violate this 

Order shall discontinue the performance of and/or shall not undertake the further

performance of any action alleged to constitute a violation of this Order.

28. Production of DESIGNATED MATERIAL by each of the Parties shall not be deemed

a publication of the documents, information and material (or the contents thereof)

produced so asto void ormake voidablewhatever claimthe Partiesmay have asto the

proprietary and confidential nature of the documents, information or other material or its 

contents.

29. If any entity subpoenas or orders production of Protected Material from a receiving Party 

that the receiving Party has obtained subject to this Order, such Party shall (1) promptly 

notify the entity that issued the subpoena or order that some or all of the material 

covered by the subpoena or order is subject to this Protective Order, and provide a copy 

of this order, (2) promptly notify the producing Party of the pendency of the subpoena or 

order and provide a copy of the subpoena to the producing Party, and (3) provide the 

producing Party with a list of the DESIGNATED MATERIAL that the receiving Party 

believes it is obligated to produce. The receiving party shall not produce the information 

until the producing party shall have reasonable time (which shall not be less than ten (10) 

calendar days) to object to or take other appropriate steps to protect the information. The 

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receiving Party shall not take a position concerning the propriety of such request or 

subpoena or the discoverability of the information sought thereby that is adverse to 

any producing Party opposing the request for production of such documents or 

materials. In responding to the subpoena or order, the receiving Party will take all 

reasonable measures to have such documents treated in accordance with the terms 

of this Protective Order. Compliance with another Court’s order to produce Protected 

Material shall not be a violation of this Protective Order, provided that the above 

notification provisions are met.

30. The Court is responsible for the interpretation and enforcement of this Agreed 

Protective Order. After termination of this litigation, the provisions of this Agreed 

Protective Order shall continue to be binding except with respect to those 

documents and information that become a matter of public record. The Court 

retains and shall have continuing jurisdiction over the Parties and recipients of the 

DESIGNATED MATERIAL for enforcement of the provision of this Agreed 

Protective Order following termination of this litigation. All disputes concerning 

Protected Information produced under the protection of this Agreed Protective 

Order shall be resolved by the Court. In the event a Party violates or threatens to 

violate the terms of this Protective Order, the aggrieved designating Party may 

immediately apply to obtain injunctive relief against any such person violating or 

threatening to violate any of the terms of this Protective Order.

31. Nothing in this Protective Order shall preclude or impede outside litigation 

counsel of record’s ability to communicate with or advise their client in connection with 

this litigation only based on such counsel’s review and evaluation of 

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DESIGNATED MATERIAL, provided however, that such communications or advice 

shall not disclose or reveal the substance or content of any DESIGNATED MATERIAL 

other than as permitted under this Protective Order.

32. This Protective Order shall be binding upon the Parties and their attorneys, 

successors, executors, personal representative, administrators, heirs, legal 

representatives, assigns, subsidiaries, divisions, employees, agents, independent 

contractors, or other persons or organizations over which they have control.

33. Nothingin this Ordershall be construed to effect an abrogation, waiver orlimitation of

any kind on the rights of each of the Partiesto assert any applicable discovery ortrial

privilege.

34. Each of the Partiesshall also retain the rightto file a motion with theCourt(a)to modify

this Order to allow disclosure of DESIGNATED MATERIAL to additional persons or

entities if reasonably necessary to prepare and present this Action and (b) to apply for 

additional protection of DESIGNATED MATERIAL.

SIGNED this _________ day of October, 2020 _____________________________

Judge Alan D. Albright

United States District Judge

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IN THE UNITED STATES DISTRICT COURT

FOR THE WESTERN DISTRICT OF TEXAS 

WACO DIVISION

NCS MULTISTAGE INC.

 Plaintiff,

§

§

§

§

CIVIL ACTION NO. 6:20-cv-00277-ADA

vs. §

§

NINE ENERGY SERVICE, INC.

 

 Defendant.

§

§

§

§

EXHIBIT A

ACKNOWLEDGEMENT AND AGREEMENT TO BE BOUND BY THE PROTECTIVE 

ORDER

I, ___________________________________________, declare that:

1. My address is _________________________________________________________. 

My current employer is _________________________________________________. 

My current occupation is ________________________________________________.

2. I have received a copy of the Protective Order in this action. I have carefully read and 

understand the provisions of the Protective Order.

3. I will comply with all of the provisions of the Protective Order. I will hold in confidence, 

will not disclose to anyone not qualified under the Protective Order, and will use only for 

purposes of this action any “DESIGNATED MATERIAL” that is disclosed to me.

4. I will promptly, upon termination of these actions or upon the termination of my duties 

relating to this case, return all “DESIGNATED MATERIAL” that came into my 

possession, and all documents and things that I have prepared relating thereto, to the 

party that provided that DESIGNATED MATERIAL to me.

5. I hereby submit to the jurisdiction of this Court for the purpose of enforcement of the 

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Protective Order in this action.

I declare under penalty of perjury that the foregoing is true and correct.

Signature ________________________________________

Date ____________________________________________

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