Form LR 26.2

MODEL CONFIDENTIALITY ORDER

UNITED STATES DISTRICT

COURT NORTHERN DISTRICT OF 

ILLINOIS

ANTONIO SOLIS, JOSE SOLIS, and JUAN

RANGEL, individually and on behalf of all

others similarly situated,

Plaintiffs, 

v. 

HILCO REDEVELOPMENT LLC, HRE

CRAWFORD LLC, HRP EXCHANGE 55

LLC, MCM MANAGEMENT CORP.,

CONTROLLED DEMOLITION, INC.,

and MARINE TECHNOLOGY SOLUTIONS

LLC,

Defendants.

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Case No. 20 C 2348

Hon. Martha M. Pacold,

District Judge

Hon. Sunil R. Harjani,

Magistrate Judge

Confidentiality Order Relating to the Production of Marine Technology Solutions 

LLC’s Emails Obtained from GoDaddy.com

The parties to this Agreed Confidentiality Order have agreed to the terms of this 

Order; accordingly, it is ORDERED:

1. Scope. The emails of Marine Technology Solution LLC (“MTS”) obtained 

from GoDaddy.com shall be subject to this Order concerning Confidential Information as 

defined below. This Order is subject to the Local Rules of this District and the Federal 

Rules of Civil Procedure on matters of procedure and calculation of time periods. This 

Order shall not apply to any documents or communications other than any emails 

produced by MTS in the above-captioned action.

2. Confidential Information. As used in this Order, “Confidential 

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Information” means information designated as “CONFIDENTIAL-SUBJECT TO 

PROTECTIVE ORDER” by the producing party that falls within one or more of the 

following categories: (a) information prohibited from disclosure by statute; (b) 

information that reveals trade secrets; (c) research, technical, commercial or financial 

information that the party has maintained as confidential; (d) medical information 

concerning any individual; (e) personal identity information; (f) income tax returns 

(including attached schedules and forms), W-2 forms and 1099 forms; or (g) personnel 

or employment records of a person who is not a party to the case. Information or 

documents that are available to the public may not be designated as Confidential 

Information. Notwithstanding the preceding language in this paragraph, all of MTS’s 

emails obtained by subpoena to GoDaddy.com shall be presumptively treated as 

Confidential Information until such time as MTS is able to complete a review of the 

emails and designate the subset of emails that qualify as Confidential Information and/or

the Court orders that the emails are not Confidential Information.

3. Designation.

(a) A party may designate a document as Confidential Information for 

protection under this Order by placing or affixing the words “CONFIDENTIAL -

SUBJECT TO PROTECTIVE ORDER” on the document and on all copies in a manner 

that will not interfere with the legibility of the document. As used in this Order, “copies”

includes electronic images, duplicates, extracts, summaries or descriptions that contain

the Confidential Information. The marking “CONFIDENTIAL - SUBJECT TO 

PROTECTIVE ORDER” shall be applied prior to or at the time of the documents are 

produced or disclosed. Applying the marking “CONFIDENTIAL - SUBJECT TO 

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PROTECTIVE ORDER” to a document does not mean that the document has any 

status or protection by statute or otherwise except to the extent and for the purposes of 

this Order. Any copies that are made of any documents marked “CONFIDENTIAL -

SUBJECT TO PROTECTIVE ORDER” shall also be so marked, except that indices, 

electronic databases or lists of documents that do not contain substantial portions or 

images of the text of marked documents and do not otherwise disclose the substance of

the Confidential Information are not required to be marked.

(b) The designation of a document as Confidential Information is a 

certification by an attorney or a party appearing pro se that the document contains 

Confidential Information as defined in this order.1

4. Depositions.

Deposition Testimony is protected by this Order only if designated as 

“CONFIDENTIAL – SUBJECT TO PROTECTIVE ORDER” on the record at the time the 

testimony is taken. Such designation shall be specific as to the portions that contain 

Confidential Information. Deposition testimony so designated shall be treated as 

Confidential Information protected by this Order until fourteen days after delivery of the 

transcript by the court reporter to any party or the witness. Within fourteen days after 

delivery of the transcript, a designating party may serve a Notice of Designation to all 

parties of record identifying the specific portions of the transcript that are designated 

 1 An attorney who reviews the documents and designates them as CONFIDENTIAL - SUBJECT 

TO PROTECTIVE ORDER must be admitted to the Bar of at least one state but need not be 

admitted to practice in the Northern District of Illinois unless the lawyer is appearing generally in 

the case on behalf of a party. By designating documents confidential pursuant to this Order, 

counsel submits to the jurisdiction and sanctions of this Court on the subject matter of the 

designation.

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Confidential Information, and thereafter those portions identified in the Notice of 

Designation shall be protected under the terms of this Order. The failure to serve a 

timely Notice of Designation waives any designation of deposition testimony as 

Confidential Information that was made on the record of the deposition, unless 

otherwise ordered by the Court.

5. Protection of Confidential Material.

(a) General Protections. Confidential Information shall not be used or 

disclosed by the parties, counsel for the parties or any other persons identified in 

subparagraph (c) for any purpose whatsoever other than in this litigation, including any 

appeal thereof. In a putative class action, Confidential Information may be disclosed 

only to the named plaintiff(s) and not to any other member of the putative class unless 

and until a class including the putative member has been certified.

(b) Other Litigation. Confidential Information may be disclosed in other 

matters involving MTS to the extent that it is relevant to those matters and is not 

disclosed and produced by MTS in that matter.

(c) Limited Third-Party Disclosures. The parties and counsel for the 

parties shall not disclose or permit the disclosure of any Confidential Information to any 

third person or entity except as set forth in subparagraphs (1)-(9). Subject to these 

requirements, the following categories of persons may be allowed to review Confidential 

Information:

(1) Counsel. Counsel for the parties and employees of counsel who 

have responsibility for the action;

(2) Parties. Individual parties and employees of a party but only to the 

extent counsel determines in good faith that the employee’s 

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assistance is reasonably necessary to the conduct of the litigation in 

which the information is disclosed;

(3) The Court and its personnel;

(4) Court Reporters and Recorders. Court reporters and recorders 

engaged for depositions;

(5) Contractors. Those persons specifically engaged for the limited 

purpose of making copies of documents or organizing or processing 

documents, including outside vendors hired to process electronically 

stored documents;

(6) Consultants and Experts. Consultants, investigators, or experts 

employed by the parties or counsel for the parties to assist in the 

preparation and trial of this action but only after such persons have 

completed the certification contained in Attachment A, 

Acknowledgment of Understanding and Agreement to Be Bound;

(7) Witnesses at depositions. During their depositions, witnesses in 

this action to whom disclosure is reasonably necessary. Witnesses 

shall not retain a copy of documents containing Confidential 

Information, except witnesses may receive a copy of all exhibits 

marked at their depositions in connection with review of the 

transcripts. Pages of transcribed deposition testimony or exhibits to 

depositions that are designated as Confidential Information 

pursuant to the process set out in this Order must be separately 

bound by the court reporter and may not be disclosed to anyone 

except as permitted under this Order.

(8) Author or recipient. The author or recipient of the document (not 

including a person who received the document in the course of 

litigation); and

(9) Others by Consent. Other persons only by written consent of the 

producing party or upon order of the Court and on such conditions 

as may be agreed or ordered.

(d) Control of Documents. Counsel for the parties shall make 

reasonable efforts to prevent unauthorized or inadvertent disclosure of Confidential 

Information. Counsel shall maintain the originals of the forms signed by persons 

acknowledging their obligations under this Order for a period of three years after the 

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termination of the case.

6. Inadvertent Failure to Designate. An inadvertent failure to designate a 

document as Confidential Information does not, standing alone, waive the right to so 

designate the document; provided, however, that a failure to serve a timely Notice of 

Designation of deposition testimony as required by this Order, even if inadvertent, 

waives any protection for deposition testimony. If a party designates a document as

Confidential Information after it was initially produced, the receiving party, on notification 

of the designation, must make a reasonable effort to assure that the document is

treated in accordance with the provisions of this Order. No party shall be found to have 

violated this Order for failing to maintain the confidentiality of material during a time 

when that material has not been designated Confidential Information, even where the 

failure to so designate was inadvertent and where the material is subsequently 

designated Confidential Information.

7. Filing of Confidential Information. This Order does not, by itself, 

authorize the filing of any document under seal. Any party wishing to file a document 

designated as Confidential Information in connection with a motion, brief or other 

submission to the Court must comply with LR 26.2.

8. No Greater Protection of Specific Documents. Except on privilege 

grounds not addressed by this Order, no party may withhold information from discovery 

on the ground that it requires protection greater than that afforded by this Order unless 

the party moves for an order providing such special protection.

9. Challenges by a Party to Designation as Confidential Information. The

designation of any material or document as Confidential Information is subject to 

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challenge by any party. The following procedure shall apply to any such challenge.

(a) Meet and Confer. A party challenging the designation of 

Confidential Information must do so in good faith and must begin the process by 

conferring directly with counsel for the designating party. In conferring, the challenging 

party must explain the basis for its belief that the confidentiality designation was not 

proper and must give the designating party an opportunity to review the designated 

material, to reconsider the designation, and, if no change in designation is offered, to 

explain the basis for the designation. The designating party must respond to the 

challenge within five (5) business days.

(b) Judicial Intervention. A party that elects to challenge a 

confidentiality designation may file and serve a motion that identifies the challenged 

material and sets forth in detail the basis for the challenge. Each such motion must be 

accompanied by a competent declaration that affirms that the movant has complied 

with the meet and confer requirements of this procedure. The burden of persuasion in 

any such challenge proceeding shall be on the designating party. Until the Court rules 

on the challenge, all parties shall continue to treat the materials as Confidential 

Information under the terms of this Order.

10. Action by the Court. Applications to the Court for an order relating to 

materials or documents designated Confidential Information shall be by motion. Nothing 

in this Order or any action or agreement of a party under this Order limits the Court’s 

power to make orders concerning the disclosure of documents produced in discovery or 

at trial.

11. Use of Confidential Documents or Information at Trial. Nothing in this 

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Order shall be construed to affect the use of any document, material, or information at 

any trial or hearing. A party that intends to present or that anticipates that another party 

may present Confidential Information at a hearing or trial shall bring that issue to the 

Court’s and parties’ attention by motion or in a pretrial memorandum without disclosing

the Confidential Information. The Court may thereafter make such orders as are 

necessary to govern the use of such documents or information at trial.

12. Confidential Information Subpoenaed or Ordered Produced in Other

Litigation.

(a) If a receiving party is served with a subpoena or an order issued in 

other litigation that would compel disclosure of any material or document designated in 

this action as Confidential Information, the receiving party must so notify the 

designating party, in writing, immediately and in no event more than three court days 

after receiving the subpoena or order, unless MTS is also a party to the other litigation.

Such notification must include a copy of the subpoena or court order.

(b) The receiving party also must immediately inform in writing the 

party who caused the subpoena or order to issue in the other litigation that some or all 

of the material covered by the subpoena or order is the subject of this Order. In 

addition, the receiving party must deliver a copy of this Order promptly to the party in 

the other action that caused the subpoena to issue. Such notification is not required if 

MTS is a party to the other litigation.

(c) The purpose of imposing these duties is to alert the interested persons to

the existence of this Order and to afford the designating party in this case an 

opportunity to try to protect its Confidential Information in the court from which the 

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subpoena or order issued. The designating party shall bear the burden and the expense

of seeking protection in that court of its Confidential Information, and nothing in these

provisions should be construed as authorizing or encouraging a receiving party in this 

action to disobey a lawful directive from another court. The obligations set forth in this 

paragraph remain in effect while the party has in its possession, custody or control 

Confidential Information by the other party to this case.

13. Challenges by Members of the Public to Sealing Orders. A party or 

interested member of the public has a right to challenge the sealing of particular 

documents that have been filed under seal, and the party asserting confidentiality will 

have the burden of demonstrating the propriety of filing under seal.

14. Obligations on Conclusion of Litigation.

(a) Order Continues in Force. Unless otherwise agreed or ordered, this 

Order shall remain in force after dismissal or entry of final judgment not subject to 

further appeal.

(b) Obligations at Conclusion of Litigation. Within sixty-three days 

after dismissal or entry of final judgment not subject to further appeal, all Confidential 

Information and documents marked “CONFIDENTIAL - SUBJECT TO PROTECTIVE 

ORDER” under this Order, including copies as defined in ¶ 3(a), shall be returned to the 

producing party unless: (1) the document has been offered into evidence or filed

without restriction as to disclosure; (2) the parties agree to destruction to the extent 

practicable in lieu of return, and the receiving party shall not be required to locate, 

isolate, and return emails (including attachments to emails) that may include 

Confidential Information, or Confidential Information contained in deposition transcripts 

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or drafts or final expert reports;

2 or (3) as to documents bearing the notations,

summations, or other mental impressions of the receiving party, that party elects to

destroy the documents and certifies to the producing party that it has done so.

(c) Retention of Work Product and one set of Filed Documents. 

Notwithstanding the above requirements to return or destroy documents, counsel may 

retain (1) attorney work product, including an index that refers or relates to designated 

Confidential Information so long as that work product does not duplicate verbatim 

substantial portions of Confidential Information, and (2) one complete set of all 

documents filed with the Court including those filed under seal. Any retained 

Confidential Information shall continue to be protected under this Order. An attorney 

may use his or her work product in subsequent litigation, provided that its use does not 

disclose or use Confidential Information.

(d) Deletion of Documents filed under Seal from Electronic Case 

Filing (ECF) System. Filings under seal shall be deleted from the ECF system only 

upon order of the Court.

15. Order Subject to Modification. This Order shall be subject to 

modification by the Court on its own initiative or on motion of a party or any other 

person with standing concerning the subject matter.

16. No Prior Judicial Determination. This Order is entered based on the 

representations and agreements of the parties and for the purpose of facilitating 

discovery. Nothing herein shall be construed or presented as a judicial determination 

 

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that any document or material designated Confidential Information by counsel or the 

parties is entitled to protection under Rule 26(c) of the Federal Rules of Civil Procedure 

or otherwise until such time as the Court may rule on a specific document or issue.

17. Persons Bound. This Order shall take effect when entered and shall be 

binding upon all counsel of record and their law firms, the parties, and persons made 

subject to this Order by its terms.

So Ordered.

Dated:

4/8/21 U.S. Magistrate Judge

WE SO MOVE and agree to be bound by the terms of this order:

/s/ Scott Rauscher

Signature

Scott Rauscher

Printed Name

Counsel for Plaintiffs

Dated: April 7, 2021

/s/ Bradley H. Weidenhammer, 

P.C.

Signature

Bradley H. Weidenhammer, P.C.

Printed Name

Counsel for Hilco Redevelopment 

LLC, HRE Crawford LLC, and 

HRP Exchange 55 LLC 

Dated: April 7, 2021

/s/ Edward DeVries

Signature

Edward DeVries

Printed Name

Counsel for MCM 

Management Corp.

Dated: April 7, 2021

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/s/ Bryan K. Clark

Signature

Bryan K. Clark

Printed Name

Counsel for Controlled 

Demolition, Inc.

Dated: April 7, 2021

/s/ James L. Best

Signature

James L. Best

Printed Name

Counsel for Marine Technology 

Solutions LLC

Dated: April 7, 2021

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ATTACHMENT A

ANTONIO SOLIS, JOSE SOLIS, and JUAN

RANGEL, individually and on behalf of all

others similarly situated,

Plaintiffs, 

v. 

HILCO REDEVELOPMENT LLC, HRE

CRAWFORD LLC, HRP EXCHANGE 55

LLC, MCM MANAGEMENT CORP.,

CONTROLLED DEMOLITION, INC.,

and MARINE TECHNOLOGY SOLUTIONS

LLC,

Defendants.

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Case No. 20 C 2348

Hon. Martha M. Pacold,

District Judge

Hon. Sunil R. Harjani,

Magistrate Judge

ACKNOWLEDGMENT 

AND

AGREEMENT TO BE BOUND

The undersigned hereby acknowledges that he/she has read the Confidentiality 

Order dated _ in the above-captioned action and 

attached hereto, understands the terms thereof, and agrees to be bound by its terms. The

undersigned submits to the jurisdiction of the United States District Court for the Northern 

District of Illinois in matters relating to the Confidentiality Order and understands that the

terms of the Confidentiality Order obligate him/her to use materials designated as 

Confidential Information in accordance with the Order solely for the purposes of the

above-captioned action, and not to disclose any such Confidential Information to any 

other person, firm or concern.

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The undersigned acknowledges that violation of the Confidentiality Order may result in

penalties for contempt of court.

Name:

Job Title:

Employer:

Business Address:

Date:

Signature

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