EXHIBIT C

Case: 19-30088 Doc# 2657-3 Filed: 06/19/19 Entered: 06/19/19 16:10:37 Page 1

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Revised: March 8, 2018

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF NEW YORK

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Plaintiff(s),

-againstDefendant(s).

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No. __-cv-____ (____) (OTW)

STIPULATION AND PROPOSED PROTECTIVE 

ORDER

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WHEREAS, the Parties having agreed to the following terms of confidentiality, and the 

Court having found that good cause exists for the issuance of an appropriately tailored 

confidentiality order pursuant to Rule 26(c) of the Federal Rules of Civil Procedure, it is hereby

ORDERED that the following restrictions and procedures shall apply to the information and 

documents exchanged by the parties in connection with the pre-trial phase of this action:

1. Counsel for any party may designate any document or information, in whole or

in part, asconfidential if counsel determines, in good faith, that such designation

is necessary to protect the interests of the client in information that is 

proprietary, a trade secret or otherwise sensitive non-public information.

Information and documents designated by a party as confidentialwill be 

stamped “CONFIDENTIAL.”

2. The Confidential Information disclosed will be held and used by the person 

receiving such information solely for use in connection with the action.

3. In the event a party challenges another party's designation of confidentiality,

counsel shallmake a good faith effort to resolve the dispute, and in the absence

of a resolution, the challenging party may seek resolution by the Court. Nothing

in this Protective Order constitutes an admission by any party that Confidential

Information disclosed in this case isrelevant or admissible. Each party reserves

the right to object to the use or admissibility of the Confidential Information.

4. The parties should meet and confer if any production requires a designation of

“For Attorneys’ or Experts’ Eyes Only.” All other documents designated as 

“CONFIDENTIAL” shall not be disclosed to any person, except:

a. The requesting party and counsel, including in-house counsel;

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b. Employees of such counsel assigned to and necessary to assist in the

litigation;

c. Consultants or experts assisting in the prosecution or defense of the 

matter, to the extent deemed necessary by counsel; and

d. The Court (including the mediator, or other person having access to 

any Confidential Information by virtue of his or her position with the

Court).

5. Before disclosing or displaying the Confidential Information to any person, 

counsel must:

a. Inform the person of the confidential nature of the information or 

documents;

b. Inform the person that this Court has enjoined the use of the 

information or documents by him/her for any purpose other than this 

litigation and has enjoined the disclosure of the information or 

documents to any other person; and

c. Require each such person to sign an agreement to be bound by this 

Order in the form attached hereto.

6. The disclosure of a document or information without designating it as 

“confidential” shall not constitute a waiver of the right to designate such 

document or information as Confidential Information. If so designated, the 

document or information shall thenceforth be treated as Confidential Information 

subject to all the terms of this Stipulation and Order.

7. Any Personally Identifying Information (“PII”) (e.g., social security numbers, 

financial account numbers, passwords, and information that may be used for 

identity theft) exchanged in discovery shall be maintained by the receiving party 

in a manner that is secure and confidential. 

8. Pursuant to Federal Rule of Civil Procedure 502, inadvertent disclosure of 

privileged communications shall not constitute a waiver of the privilege in this 

matter provided the parties follow the steps set forth in Rule 502.

9. Notwithstanding the designation of information as “confidential” in discovery, 

there is no presumption that such information shall be filed with the Court under 

seal. The parties shall follow the Court’s procedures with respect to filing under 

seal.

10. At the conclusion of litigation, Confidential Information and any copies thereof 

shall be promptly (and in no event later than 30 days after entry of final judgment 

no longer subject to further appeal) returned to the producing party or certified 

as destroyed, except that the parties' counsel shall be permitted to retain their 

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working files on the condition that those files will remain protected.

SO STIPULATED AND AGREED.

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Dated: Dated:

SO ORDERED.

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Ona T. Wang

United States Magistrate Judge

Dated: New York, New York

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Agreement

I have been informed by counsel that certain documents or information to be 

disclosedto me in connection with the matter entitled havebeen designated as 

confidential. I have been informed that any such documents or informationlabeled

“CONFIDENTIAL” are confidential by Order of theCourt.

I hereby agree that I will not disclose any information contained in such documents to

any other person. I further agree not to use any such information for any purpose other

than thislitigation.

DATED:

Signed in the presence of:

(Attorney)

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