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Case Document 1078-4 Filed 07/29/20 Page 1 of 10
EXHIBIT
02/26/2016 Document 1078-4 Flled 07/29/20 Page 2 Of 1%0001/0026
N?nY?orkl Washm ?toniDU?lFlonda?IWede?m
401 East Las Olas Blvd, Suite 1200
Fort Lauderdale, Florida 33301
Telephone: (954) 35 6-00 1 1
Facsimile: (954) 356-0022
T0: Laura Menninger, Esq- Fax No. 303.832.2628
Haddon, Morgan and Foreman, P.C. Telephone No. 303.831.7364
FROM: Sigrid S. McCawley, Esq.
Total Number of Pages: 26
DATE: February 26, 2016 (including this cover sheet)
RE: Giuffre v. Maxwell,
Case no.
MESSAGE: Attached please ?nd a COpy of my email transmission to you from
today at 12:10 pm, along with the accompanying Agreed Protective
Order in both redline and clean version. Thank you.
such information back to us. Thank you.
This facsimile transmission is intended solely {or the above-named recipient and may contain con?dential information which is exempt ?om disclosure
and protected by the attomey?client and/or attorney work?product privileges. Any unauthorized use or disclosure is strictly prohibited and may result in
civil and/or criminal liability. If any ofthc information centained in this transmission is misdirected to you, please call (954) 356?0011 collect and mail
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United States District Court
Southern District Of New York
Virginia L. Giuffre,
Plaintiff,
v. 15-cv-l37433?RWS
Ghislaine Maxwell,
Defendant.
Upon a showing of good cause in support of the entry of a protective order to protect
the discovery and dissemination of con?dential information, including sensitive personal
information relating to a victim of sexual abuse, copyright or trade secrets, commercially
sensitive information, or proprietary information.
I. Purposes And Limitations
The Parties acknowledge that this Order does not confer blanket protections on
all disclosures during discovery. Designations under this Order shall be made Sparingly, with
care, and shall not be made absent a good faith belief that the designated material satis?es the
criteria set forth herein. If it comes to a Designating Party?s attention that designated material
does not qualify for protection at all, or does not qualify for the level of protection initially
asserted, the Designating Party must notify all other parties that it is withdrawing or
changing the designation.
IT IS ORDERED:
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1. This Protective Order shall apply to all documents, materials, and information,
including without limitation, documents produced, answers to interrogatories,
responses to requests for admission, deposition testimony, and other information
disclosed pursuant to the disclosure or discovery duties created by the Federal
Rules of Civil Procedure.
2. As used in this Protective Order, ?document? is de?ned as provided in
FED.R.CIV.P. 34(a). A dra? or non-identical copy is a separate document Within
the meaning of this term.
3. Information designated shall be information that is
confidential and is covered by common law and statutory privacy protections of
plaintiff [REDACTED] and defendant Ghislaine Maxwell or
any non~party that was subject to sexual abuse.
4. CONFIDENTIAL information shall not be disclosed or used for any purpose
except the preparation and trial of this case and any related matter, including
but not limited to, investigations by law enforcement.
5. CONFIDENTIAL documents, materials, and/or infonnation (collectively
shall not, without the consent of the
party producing it or further Order of the Court, be disclosed except that such
information may be disclosed to:
a. attorneys actively working on this case;
b. persons regularly employed or associated with the attorneys actively
working on this case whose assistance is required by said attorneys in the
preparation for trial, at trial, or at other proceedings in this case;
C. the parties;
d. expert witnesses and consultants retained in connection with this
proceeding, to the extent such disclosure is necessary for preparation, trial
or other proceedings in this case;
6. the Cetut and its employees (?Court Personnel?) in this case;
f. stenographic reporters who are engaged in proceedings necessarily incident
to the conduct of this actiOn;
g. deponents, witnesses, or potential witnesses;
h. any person (1) who authored or received the particular Protected Materialany point in time access to the Protected Material outside of
the context of this action; or (3) for which there is a good faith basis to
conclude that the individual has earlier received or seen such Protected
Material; and
i. any other persons by written agreement of the parties or by Order of a Court
of competent jurisdiction.
6. Prior to disclosing any CONFIDENTIAL INFORMATION to any person
listed above (other than counsel, persons employed by counsel, Court
Personnel and stenographic reporters), counsel shall provide such person with
a cepy of this Protective Order and obtain from such person a written
acknowledgment stating that he or she has read this Protective Order and
agrees to be bound by its provisions. All such acknowledgments shall be
retained by counsel and shall be subject to in camera review by the Court if
good cause for review is demonstrated by opposing counsel.
7. Documents are designated as CONFIDENTIAL by placing or af?xing on them
(in a manner that will not interfere with their legibility) the following or other
appropriate notice: Discovery material designated
CONFIDENTIAL shall be identi?ed by Bates number. To the extent practical,
the respective legend shall be placed near the Bates number.
8. Designation of a document as CONFIDENTIAL INFORMATION shall
constitute a representation that such document has been reviewed by an
attorney for the designating party, that there is a valid and good faith basis for
such designation, made at the time of disclosure or production to the receiving
party, and that disclosure of such information to persons other than those
permitted access to such material Would cause a privacy harm to the
designating party.
9. Whenever a deposition involves the disclosure of CONFIDENTIAL
INFORMATION, the deposition or portions thereof shall be designated as
CONFIDENTIAL and shall be subject to the provisions of this Protective
Order. Such designation shall be made on the record during the deposition
whenever possible, but a party may designate portions of depositions as
CONFIDENTIAL after transcription, provided mitten notice of the
designation is given to all counsel of mood within thirty (30) days
after notice by the court reporter of the completion of the transcript, and until
the expiration of such thirty (3 0) days after notice by the court reporter of the
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completion of the transcript, no party or counsel for any such party may share
the contents of the deposition outside the limitations of this Protective Order.
10. Whenever a party seeks to ?le any document 0r material containing
CONFIDENTIAL WFORMATION with the Court in this matter, it shall be
accompanied by a Motion to Seal pursuant to Section 6.2 of the Electronic Case
Filing Rules Instructions for the Southern District of New York.
11. Challenging Designations Of Protected Material
(21) A Party shall not be obligated to challenge the propriety of any designation of
Discovery Material under this Order at the time the designation is made, and a
failure to do so shall not preclude a subsequent challenge thereto. Moreover,
failure to challenge the designation of any Discovery Material as
not in any way constitute an admission that such material
centains any competitively sensitive inferrnation, trade secret information, or
other protectable material.
In the event that counsel for the Party receiving Protected Material objects
to the CONFIDENTIAL designation of any or all such items, said counsel shall
provide the Producing Party and, if different, the Designating Party written notice
of, and the basis for, such objections. The Parties will use their best efforts to
resolve such objections among themselves. Should the Receiving Party, the
Producing Party and, if different, the Designating Party be unable to resolve the
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12.
l3.
l4.
objections, the Receiving Party may seek a hearing before this Court with respect
to the propriety of the designation. The Designating Party will c00perate in
obtaining a prompt hearing with respect thereto. Pending a resolution, the
discovery material in question shall continue to be treated as Protected Material as
provided hereunder. The burden of proving that Discovery Material is preperly
designated shall at all times remain with the Designating Party.
At the conclusion of this case, unless other arrangements are agreed upon, each
document and all copies thereof which have been designated as CONFIDENTIAL
shall be returned to the party that designated it CONFIDENTIAL, or the parties
may elect to destroy CONFIDENTIAL documents. Where the parties agree to
destroy CONFIDENTIAL documents, the destroying party shall provide all parties
with an af?davit con?rming the destruction.
With respect to any Discovery Material produced by such non-party, the non~party
may invoke the terms of this Order in writing to all Parties by designating
Discovery Material Any such Protected Material produced
by the non~party designated shall be subject to the restrictions
contained in this Order and shall only be disclosed or used in a manner consistent
with this Order.
In the event that any Producing Party inadvertently produces Discovery Material
eligible for designation as CONFIDENTIAL without such designation, the Parties
agree that the Producing Party may retroactively apply the correct designation. If a
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16.
Producing Party makes a subsequent designation, the Receiving Party will treat the
Protected Material according to the retroactive designation, including undertaking
best efforts to retrieve all previously distributed copies from any recipients now
ineligible to access the Protected Material.
Limitations. Nothing in this Order shall restrict in any way the use or disclosure
of Protected Material by a Receiving Party that is or has become publicly
known through no fault of the Receiving Party; that is lawfully acquired by or
known to the Receiving Party independent of the Producing Party; (0) that was
previously produced, disclosed, and/or provided by the Producing Party to the
Receiving Party or a non-party without an obligation of con?dentiality and not by
inadvertence or mistake; with the consent of the Producing Party and, if
different, the Designating Party; pursuant to Order of the Court; or for
purposes of law enforcement.15. This Protective Order shall have no force and
effect on the use of any CONFIDENTIAL INFORMATION at trial in this
matter.This Protective Order may be modi?ed by the Court at any time fer good
cause shown following notice to all parties and an opportunity for them to be
heard.
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BY THE COURT