UNITED STATES DISTRICT COURT 

NORTHERN DISTRICT OF ILLINOIS 

EASTERN DIVISION 

PRINZO & ASSOCIATES, LLC, on behalf of 

itself and all others similarly situated, 

Plaintiff, 

v. 

BMO HARRIS BANK N.A., BMO 

FINANCIAL CORP., a Delaware 

corporation; and DOES 1 through 100, 

inclusive, 

Defendants. 

Civil No. 20-cv-3256 

[AGREED] CONFIDENTIALITY 

ORDER 

Hon. Gary S. Feinerman 

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

accordingly, it is ORDERED: 

1. Scope. All materials produced or adduced in the course of discovery, including 

initial disclosures, responses to discovery requests, deposition testimony and exhibits, and 

information derived directly therefrom (hereinafter collectively “documents”), 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. 

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

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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; (g) personnel or 

employment records of a person who is not a party to the case; (h) previously nondisclosed 

financial information (including without limitation profitability reports or estimates, percentage 

fees, design fees, royalty rates, minimum guarantee payments, sales reports and sales margins).

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

Information. 

3. Designation. 

a. A party may designate a document as Confidential Information for 

protection under this 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 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 

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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.

Alternative A. 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 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. 

Alternative B. Unless all parties agree on the record at the time the deposition testimony 

is taken, all deposition testimony taken in this case shall be treated as Confidential Information 

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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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until the expiration of the following: No later than the fourteenth day after the transcript is 

delivered to any party or the witness, and in no event later than 60 days after the testimony was 

given, Within this time period, a party may serve a Notice of Designation to all parties of record 

as to specific portions of the testimony that are designated Confidential Information, and thereafter 

only those portions identified in the Notice of Designation shall be protected by the terms of this 

Order. The failure to serve a timely Notice of Designation shall waive any designation of testimony 

taken in that deposition as Confidential Information, 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 

(b) 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 and 

not to any other member of the putative class unless and until a class including the putative member 

has been certified. 

(b) 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 assistance is reasonably necessary to 

the conduct of the litigation in which the information is disclosed;

(3) The Court and its personnel;

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(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. 

(c)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 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 

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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 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 

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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 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 

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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. 

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. 

(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 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. 

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(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 destroyed. The destroying party shall 

certify the fact of destruction to the producing party in writing. 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; 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. 

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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 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: _________________________________ 

 U.S. District Judge 

WE SO MOVE and agree to abide by WE SO MOVE and agree to abide by

the terms of this Order. the terms of this Order.

 

/s/ Leigh M. Perica 

Derek Y. Brandt (#6228895) 

Leigh M. Perica (#6316756) 

MCCUNE WRIGHT AREVALO, LLP 

231 North Main Street, Suite 20 

Edwardsville, Illinois 62025 

Tel: (618) 307-611 

Fax: (618) 307-6161 

DYB@mccunewright.com 

LMP@mccunewright.com 

Richard D. McCune (pro hac vice) 

Michele M. Vercoski (pro hac vice) 

MCCUNE WRIGHT AREVALO, LLP 

 /s/ Jeffrey E. Jamison 

Jeffrey E. Jamison 

BMO HARRIS BANK N.A. 

111 West Monroe 

19th Floor 

Chicago, IL 60603 

Tel: (312) 461-4694 

jeffrey.jamison@bmo.com 

Julie Rodriguez Aldort 

BMO HARRIS BANK N.A. 

111 W. Monroe Street 

Fl. 19E 

Chicago, IL 60603 

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3281 East Guasti Road, Suite 100 

Ontario, California 91761 

Tel: (909) 557-1250 

RDM@mccunewright.com 

MMV@mccunewright.com 

Counsel for Plaintiff Prinzo & 

Associates, LLC 

Tel: (312) 461-7905 

julie.aldort@bmo.com 

Counsel for Defendants BMO Harris Bank N.A. 

and BMO Financial Corp.

Dated: August 14, 2020 Dated: August 14, 2020

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ATTACHMENT A 

UNITED STATES DISTRICT COURT 

NORTHERN DISTRICT OF ILLINOIS 

EASTERN DIVISION 

PRINZO & ASSOCIATES, LLC, on behalf of 

itself and all others similarly situated, 

Plaintiff, 

v. 

BMO HARRIS BANK N.A., BMO 

FINANCIAL CORP., a Delaware corporation; 

and DOES 1 through 100, inclusive, 

Defendants. 

Civil No. 20-cv-3256 

Hon. Gary S. Feinerman 

ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND 

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

August 14, 2020 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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