1683229.01 

UNITED STATES DISTRICT COURT 

FOR THE EASTERN DISTRICT OF MICHIGAN 

SOUTHERN DIVISION 

In re: 

AUTOMOLD LIMITED

Case Number: 09-50101 

HON. MARIANNE O. BATTANI 

STIPULATED PROTECTIVE ORDER

Whereas a claim is now pending in the Birmingham District Registry of the Chancery 

Division of the High Court of Justice in England and Wales entitled In the Matter of Automold Limited 

(in Liquidation), Case Number 9002 of 2008 in which Andrew Phillip Peters (1) and Automold 

Limited (2) of Four Brindleyplace, Birmingham B1 2HX are the Applicants and Andrew Michael 

Menzies (1) and Neil Tombs (2) of Grant Thornton UK of Enterprise House, 115 Edmund Street, 

Birmingham B3 2HJ are the Respondents (the “Foreign Litigation”). 

Whereas the Applicants in the Foreign Litigation caused a Letter of Request (the “Request”) 

to be sent to this Court seeking the production of internal files and documents, including electronic 

documents, from Grant Thornton LLP (“Grant Thornton”), an Illinois limited liability partnership 

and a non-party to the Foreign Litigation. 

Whereas Automold Limited has subsequently been removed as Applicant in the Foreign 

Litigation, and Andrew Phillips Peters, acting in the capacity of Liquidator of Automold Limited, 

remains an Applicant in the Foreign Litigation and as referred to herein. 

Whereas to expedite Grant Thornton’s production of documents in response to the Request 

in a matter consistent with its need to protect the confidentiality of certain documents and other 

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information, the Applicant and Grant Thornton agree to the entry of a Protective Order, as 

evidenced by the signatures of their respective counsel and solicitors below. 

Whereas the Court having reviewed the stipulation and otherwise being fully advised in its 

premises, 

IT IS HEREBY ORDERED as follows: 

1. CONFIDENTIAL INFORMATION means any document, statement, information 

or copy thereof that Grant Thornton believes, in good faith, constitutes its confidential information, 

including but not limited to information about its client(s)/customer(s); proprietary business 

information which relates to its commercial operation; or otherwise constitutes its trade secret(s) as 

those terms are used in Rule 26 of the Federal Rules of Civil Procedure; or contains information 

subject to a legally protected right or right of privacy or personal information. Except as otherwise 

indicated below, documents or other discovery designated by Grant Thornton as 

“CONFIDENTIAL” and produced in response to the Request shall be given confidential treatment 

as described below. 

2. When used in this Order, the word “Documents” means all written, recorded or 

graphic matter whatsoever, including any portions of any court papers which quote from or 

summarize any of the foregoing, or any other item as the term is defined in Rule 34 of the Federal 

Rules of Civil Procedure. 

3. Grant Thornton may, as provided in this Order and subject to its terms and 

conditions, designate as confidential and protected any Documents (and information contained 

therein) that it hereafter produces by marking such documents with the legend 

“CONFIDENTIAL” at the time copies are produced to the Applicant. 

4. Any CONFIDENTIAL INFORMATION not reduced to documentary, tangible or 

physical form or which cannot conveniently be designated in the manner set forth in paragraph 3 

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above shall be designated as “CONFIDENTIAL” by Grant Thornton by informing the Applicant 

in writing that the information is confidential. 

5. In the event that the Applicant objects to the designation of any document or 

information as “CONFIDENTIAL,” the Applicant shall state the grounds for the objection. The 

Applicant and Grant Thornton shall thereafter try to resolve such dispute in good faith on an 

informal basis. If the dispute cannot be resolved, the Applicant may seek appropriate relief from 

this Court, including an order that the documents should not be treated as “CONFIDENTIAL” or 

that specified provisions of this Order shall not apply to the document or information. However, all 

documents designated as “CONFIDENTIAL” shall be maintained as such until the Applicant and 

Grant Thornton agree otherwise or the Court makes its determination. 

6. Nothing in this Order shall prevent Grant Thornton from objecting to producing 

documents in response to the Request which it believes is improper. 

7. Except upon prior written consent of Grant Thornton and the Applicant, or upon 

further order of the Court, the Documents or information contained therein that are designated 

“CONFIDENTIAL,” may be shown, disseminated, discussed or disclosed only to the following 

individuals: 

a. This Court and its staff in this case or in any appeal therefrom, and the Court 

in the Foreign Litigation and its staff; 

b. Counsel of record or Solicitors of record in the above captioned matter or 

the Foreign Litigation for Grant Thornton, the Applicant and the Respondents; 

 c. Partners, associates, secretaries, paralegals and other such personnel 

employed or retained by or working under the supervision of said counsel or Solicitors of 

record who are actively engaged in assisting such counsel in such action; 

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d. Outside consultants, technical advisors and expert witnesses and their 

assistants and staff employed or retained by the Applicant, Respondents or counsel. 

e. The Applicant, Respondents and/or their employees, to the extent that 

involvement with such action is part of their job duties; 

f. Any person who authored or previously received the document or 

information and witnesses in fact; and 

i. Any other person or entity as to whom counsel for Grant Thornton and the 

Applicant agree in writing, or whom the Court directs shall have access to such information. 

With the exception of court personnel, persons permitted to review Documents or information 

designated as “CONFIDENTIAL” under this Order will, before obtaining access to such 

Documents or information, be shown a copy of this stipulation and agree in writing to be bound by 

its terms by signing a copy of a document in the form of Exhibit A, stating that he or she has read 

and understands this Order and agrees to be bound by its terms. The Applicant who wishes to 

disclose such material must retain the signed stipulation, hold it in escrow, and produce it to Grant 

Thornton on request. 

8. All documents or other material subject to this Order, and all confidential 

information derived therefrom, shall not be used, directly or indirectly, by the Applicant or any other 

person for any business, commercial or competitive purpose or for any purpose whatsoever other 

than the preparation and trial in the Foreign Litigation in accordance with the provisions of this 

Order, or as otherwise ordered by the Court in the Foreign Litigation. The term of this paragraph 

and the terms of this Order will apply even in the event where such confidential information has 

been read to or by the court, or referred to, at a hearing which has been held in public, either with 

respect to this matter or the Foreign Litigation. 

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9. All documents or other material subject to this Order, and all confidential 

information derived therefrom, shall remain the property of Grant Thornton or Grant Thornton’s 

clients. Upon final completion of the Foreign Litigation, whether by settlement or any other means, 

all documents and information designated as CONFIDENTIAL shall be returned to counsel for 

Grant Thornton or shall be destroyed within 20 days of such disposition. 

10. In no event shall any document or any information designated as CONFIDENTIAL 

be disclosed in any case other than that captioned above and the Foreign Litigation. 

11. The inadvertent production of any privileged or attorney work product documents 

shall be without prejudice to any claims that the document is privileged, and shall constitute neither 

a waiver of any privilege which may otherwise attach thereto nor a general waiver of such privilege. 

Upon demand of Grant Thornton, all copies of any inadvertently produced document shall be 

returned forthwith, and such documents shall not be introduced into evidence, or subject to 

production, in this or any other proceeding without the consent of Grant Thornton. 

12. Inadvertent failure to designate any document as CONFIDENTIAL will not waive a 

claim that the document is confidential under this Order, nor will it estop Grant Thornton from 

designating such information as confidential at a later time. 

13. The provisions of this Order shall continue to be binding after the conclusion of this 

matter. 

14. Grant Thornton and the Applicant agree and acknowledge that a material violation 

of this Order by the Applicant, its employees, representatives or agents or any third party who 

executes the attached statement, will result in irreparable harm to Grant Thornton and Grant 

Thornton and the Applicant therefore consent to the issuance of an injunction and other 

appropriate relief. Nothing in this Order shall preclude a party from pursuing an action for damages 

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based on the violation of the terms of this Order. Applicant waives any objection to personal 

jurisdiction or venue in this Court with respect to such a violation of this Order. 

15. Either Grant Thornton or the Applicant may move for an amendment of this Order. 

SO ORDERED

 s/Marianne O. Battani 

 Hon. Marianne O. Battani 

Dated: August 5, 2009

So Stipulated: 

/s/Patrice S. Arend___________ /s/ Jason Conti__________________

Patrice S. Arend (P56962) 

Jaffe, Raitt, Heuer & Weiss, P.C. 

27777 Franklin Road, Suite 2500 

Southfield, MI 48034 

(248) 351-3000 

parend@jaffelaw.com 

Attorneys for Grant Thornton LLP 

Jason Conti (P55617) 

Honigman Miller Schwartz and Cohn LLP 

2290 First National Building 

600 Woodward Avenue 

Detroit, Michigan 

(313)465.7340 

jconti@honigman.com

Nadine Herman 

HBJ Gateley Wareing 

One Elevn 

Edmund Street 

Birmingham, United Kingdom 

B3 2HJ 

Attorneys for Applicant 

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United States District Court 

Eastern District of Michigan 

Southern Division 

In re: 

AUTOMOLD LIMITED

Case Number: 09-50101 

HON. MARIANNE O. BATTANI 

AGREEMENT CONCERNING MATERIAL 

COVERED BY PROTECTIVE ORDER

The undersigned hereby acknowledges that (s)he has read the Order entered in this action by 

the United States District Court for the Eastern District of Michigan, on __________________, 

2009, which is attached hereto, (s)he understands the terms thereof, including his/her obligation to 

keep confidential all information designated as CONFIDENTIAL pursuant to the attached Order, 

and to use such information solely for the prosecution or defense of this case or the Foreign 

Litigation and (s)he agrees to be bound by such terms. 

______________________________________ 

DATED: __________________ 

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