NAA te NE RNA et We PPE Pe

UNITED STATES DISTRICT COURD WCU pry SOUTHERN DISTRICT OF NEW YOR UGCALEY □□□□□ EO (ee plies, Plaintiff, oa

vs. No.: 19-cv-09675 (DLC) “ACKERMAN INSITUTE FOR THE FAMILY, - Defendant.

STIPULATED PROTECTIVE ORDER Plaintiff Lisa Lavelle (“Plaintiff”) and Defendant Ackerman Institute for the Family (“Defendant”), each a “Party” or, collectively, “the Parties,” hereby agree to the following Stipulated Protective Order (“Order”) regarding certain documents and information that will be produced by the Parties during discovery in the above-entitled action (“Action”). i, The Parties acknowledge that discovery in this Action may require the disclosure of documents and other materials that are proprietary, trade secret, commercially sensitive, contain personal medical information, and/or are otherwise confidential in nature. 2 The Parties hereby agree that any Party subject to discovery in this Action may designate documents; deposition testimony, transcripts, and exhibits; responses to interrogatories; responses to requests for admission; and other written, recorded, or graphic information and materials produced by a Party or non-Party in the course of this Action (“Discovery Material”) as “Confidential.” “Confidential” Discovery Material consists of Plaintiff's personal medical information, Plaintiff's personal financial information, personnel files of non-parties to this Action atid Defendant’s trade secrets, confidential research, commercial information, business and financial information, business plans, product development information and/or marketing plans

Case 1:19-cv-09675-DLC Document 15 Filed 01/17/20 Page 2 of 11

not previously disclosed to the public, and any information of a personal or intimate nature regarding any individual employed or previously employed by Defendant. If any Party believes a document not described herein should otherwise be considered confidential, it may so designate that document as described herein, subject to the other Party’s right to challenge that designation as described in paragraph 10, . 3. The Parties further hereby agree that any Party subject to discovery in this

. Action may designate Discovery Material in the course of this Action as “Highly Confidential” when such information, documents or material requires the highest level of protection because of its peculiarly sensitive contents, disclosure of which would tend to cause material harm to the producing party’s competitive position. 4, The “Confidential” or “Highly Confidential’ designation shall be made after review by an attomey for the producing Party of the Discovery Material by stamping the word “Confidential” or “Highly Confidential” on each page. Any Party may obtain confidential treatment for Discovery Material without such designation if the Party seeking the designation sends written notice of such designation to all other Parties or non-Parties in the possession of such Discovery Material, or within thirty (30) days of their production and marks the subject documents or other materials with the word “Confidential” or “Highly Confidential” and reproduces them. To the extent that it would be impractical to visibly matk disclosed materials as “Confidential” or “Highly Confidentia!” (e.g., when producing materials in electronic form), Discovery Material may also be designated as “Confidential” or “Highly Confidential” in contemporaneous correspondence. _ § "Notwithstanding any other provisions in this Order, nothing shall prevent a party from withholding production of or otherwise redacting in its entirety a document considered

Case 1:19-cv-09675-DLC Documenti5 Filed 01/17/20 Page 3 of 11

privileged (including, but not limited to, attorney-client or-attorney work product) or otherwise

. restricted from production, despite the existence of this Protective Order. 6. With respect to testimony elicited during depositions, whenever counsel for a Party deems that any question or line of questioning calls for the disclosure of information that should be treated as “Confidential” or “Highly Confidential,” counsel may: @) designate on the record prior to such disclosure that such information is being designated as “Confidential” or “Highly Confidential” or (ii) give written notice to all other counsel that such information is being ‘designated as “Confidential” or “Highly Confidential” within forty-five (45) days after receiving a copy of the transcript of the deposition. 7. Discovery Material designated as “Confidential” or “Highly Confidential” shall be used by the receiving Party exclusively in connection with this Action and any appeals thereof and shall not be used by any of the parties, their employees, agents or counsel for any competitive business purpose or for any other personal or other purpose not directly related to this Action and in conformance with the terms of this Order. A Party shall not disseminate any Discovery Material designated as “Confidential” or “Highly Confidential” except as necessary for use in this Action and any appeals thereof, and subject to the further restrictions set forth in paragraph 8 below. The Parties shall take reasonable and prudent measures to safeguard the confidentiality of all Discovery Material designated as “Confidential” or “Highly Confidential.” The Parties agree that, in the event that a Party fails to abide by the terms of the Stipulated Protective Order, such Party may be subject to sanctions, including contempt, for such a failure and agrees to be bound by such terms, in accordance with applicable law governing sanctions, and the Parties consent to the personal jurisdiction of the United States District Court for the Southern District of New York for the enforcement thereof.

□

Case 1:19-cv-09675-DLC Document Filed 01/17/20 Page 4 of 11

8. Discovery Material designated as “Confidential” or “Highly. Confidential” shall not be disclosed to any other person other than: ‘

(a) The Court, persons employed by the Court, the stenographer transcribing the testimony or argument at a hearing, trial, or deposition in this Action, and any special master □□ or mediator appointed by the court or agreed to by the Parties; (b) Counsel of record for any Party to this Action, as well as partners, shareholders, of counsel, special counsel, associates, paralegals, law students, clerical staff and

secretaries who are regularly employed by such counsel, and are engaged in assisting such counsel with respect to the defense or prosecution of this Action; . (c) Independent photocopying, graphic production services, or litigation support services employed by the parties or their counsel to assist in this Action and computer setvice personnel performing duties in relation to a computerized litigation system;

_ (d) ~~“ Other vendors retained by or for the parties in this Action to assist in preparing for prettial discovery, itlal and/or hearings, including, but not limited to, litigation support personnel, jury consultants, individuals to prepare demonstrative and audiovisual aids for use in the courtroom or in depositions or mock jury sessions, as well as their staff and

employees whose duties and responsibilities require access to such materials;

, (ec) Experts ‘and consultants consulted or retained by any Party or counsel of record for any-Party to assist in the defense.or prosecution of this Action; Ls (f) Aste any document, its author, its addressee, and any other person indicated on the face of the document as having received a copy; (g) = Any witness or potential witness that counsel for'a Party has.a good faith reasonable basis for disclosing the document to; - . □

Case 1:19-cv-09675-DLC Document15 Filed 01/17/20 Pages

(g) Any Party; and (h) Any employee, former employee, agent or independent contractor of any Party who is requested by counsel to assist in the defense or prosecution of this Action, provided, however, that disclosure of the Confidential Information to said individual may be made only to the extent necessary for the employee, former employee, agent or independent contractor to provide such assistance. 9, Any Party that seeks to share Discovery Material designated as “Confidential” or “Highly Confidential” to a person pot included in paragraphs 8(a)-(d) above shuli, prior to such disclosure, advise the recipient of the contents of this Order and require each such person to whom such disclosure is made to execute an undertaking in the form attached hereto as Exhibit A. All such undertakings shall be retained by counsel for the Party who discloses Discovery Material designated a “Confidential” or “Highly Confidential” in this way, Further, the Party providing the witness with “Confidential” or “Highly Confidential” Discovery Material must take reasonably

_ prudent steps to retrieve or to determine ‘that the witness has not retained a copy ‘of such information, 10. Any Party may object to the designation of particular documents or other materials as “Confidential” or “Highly Confidential” by giving written notice io the Party making the designation and to all other Parties. The Parties shall attempt to resolve any such dispute by meeting and conferring. In the event that such a dispute cannot be resolved by the parties after such conference, either party may apply to the Court for a determination as to whether the designation is appropriate. The burden shall rest on the party seeking confidentiality to demonstrate that such designation is proper. The disputed documents ot other materials shall be treated as “Confidential” pending a ruling from the Court. □

. ;

Case 1:19-cv-09675-DLC Document15 Filed 01/17/20 Page 6 of 11

it. Nothing herein shall be construed to affect in any way the admissibility of any document, testimony, or other eviderice at trial. 12. Documents or othef materials filed by any Party with the Court before, during, or after trial that contain Dise6very Material designated as“*Confidential” or rngiyceta □ “ shall be filed with the Clerk of the Court underSeal. Any such material ed under seal shall □□□ filed separately in a sealed envelope matked “TO BE FILED UNDER SEAL” <sear Le □

FOR JN’ CAMERA REVIEW? fiext to the caption, and-Such materials submitted with a py of this Order, 13. Ary Party may consent to have any documents or other materials it previously designated as “Confidential” or “Highly Confidential” removed from the scope of this Order by so notifying counsel for the other Patties in writing or by so stating on the record at any hearing or deposition. Nothing contained in this Order shall prevent any Party from disclosing its own

Discovery Material whether designated as “Confidential” or “Highly Confidential” as it deems appropriate. 14. The provisions of this Order shall not terminate at the conclusion of this Action. Within 120 days of final conclusion of all aspects of this Action, including any and all appeals, Discovery Material stamped or otherwise identified as “Confidential” or “Highly Confidential,” and all copies of same (other than exhibits of record) shall be returned to the Party that produced such documents or destroyed. If destroyed, counsel of record shall execute a certification of compliance herewith and shall deliver the same to counsel for the Party that produced the Discovery Material, upon written request by the producing party.

Case 1:19-cv-09675-DLC Document15 Filed 01/17/20 Page 7 of 11

□□□ Notwithstanding anything herein, counsel for the parties shall be entitled to retain all court papers; depositions and trial transcripts; exhibits used in affidavits, at depositions, or at trial; and attorney work product. 16, The inadvertent production or disclosure of any privileged or otherwise protected information by any Party (“Inadvertently Disclosed Information”) shall not constitute, or be considered as a factor suggesting, a waiver or impairment of any claims of privilege or protection, including but not limited to the attorney-client privilege and the protection afforded to work product materials. 17. I€a disclosing Party makes a claim of inadvertent disclosure, the receiving Party shall, within five business days, return or destroy all copies of the Inadvertently Disclosed Information and/or documents, and provide a certification of counsel that all such information has been returned or destroyed. 18. This Stipulation and Order is subject to revocation and modification by order of the Court, upon written stipulation of the Parties, or upon motion and reasonable notice. SO STIPULATED:

By: ¢ By mi _ Michael E, Grenert, Esq. e pSdith 4 vallaro, Esq. — LAW OFFICE OF —Lisia Leon, Esq. MICHAEL GRENERT, PLLC PADUANO & WEINTRAUB LLP 214 W, 29" Street, 2" Floor 1251 Avenue of the Americas, 9th Floor New York, New York 10001 New York, New York 10020 (917) 553-2050 (212) 785-9100 Andrea M. Paparella, Esq. Attorneys for Defendant LAW OFFICE OF ANDREA PAPARELLA, PLLC Date: Of □□ /2ROLO

" Street, Suite 1603 New York, New York 10001 (212) 675-2523 □ woe /, BL. love □□□ / A □□□ □

Case 1:19-cv-09675-DLC Document15 Filed 01/17/20 Page 8 of 11

Attorneys for Plaintiff

80 ORDERED:

The Honorable Denise L, Cote Dated:

& .

Case 1:19-cv-09675-DLC Document15 Filed 01/17/20 Page 9 of 11

Exhibit A

9 . 7

Case 1:19-cv-09675-DLC Document15 Filed 01/17/20 Page 10 of 11

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK

LISA LAVELLE, Plaintiff, vs, No.: 19-ev-09675 (DLC) ACKERMAN INSIFUTE FOR THE _ FAMILY, , Defendant. ,

AGREEMENT TO MAINTAIN CONFIDENTIALITY The undersigned hereby acknowledges and says: I hereby attest to my understanding that information or documents designated “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL” are provided to me pursuant to the terms and conditions and restrictions of the Stipulated Protective Order entered in this Action on the ____ day of 2020, I hereby attest that I have been given a copy of and have read the Stipulated Protective Order and understands the ternis thereof, I beteby agree to neither disclose nor discuss with any third party any “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL” Discovery Material, obtained in the above-captioned matter, except in accordance with the Stipulated Protective Order and solely for - the purpose of this Action, including notes or other memoranda or writings regarding information contained therein, and then only at the express direction of counsel for the Plaintiff or counsel for the Defendant.

10

Case 1:19-cv-09675-DLC Document15 Filed 01/17/20 Page 11 of 11

I also understand that my execution of this Agreement to Maintain Confidentiality, indicating my agreement to be bound by the Stipulated Protective Order, is a prerequisite to my review of any produced materials, as defined in the Stipulated Protective Order, I further agree and attest to my understanding that my obligation to honor the confidentiality of such information or documents will continue even after the termination of this - Action, I hereby agree, to the extent I am provided copies of any Discovery Material, to return all such copies to counsel for the Plaintiff or counsel for the Defendants at the conclusion of this Action, I farther agree and attest to my understanding that, in the event that if] fail to abide by the terms of the Stipulated Protective Order, I consent to the personal jurisdiction of the United States District Court for the Southern District of New York for the enforcement thereof,

\ Date:

Signature Rint iame

11