Pandemic Darlings The pandemic economy, in original documents
Home Source documents Stipulated Protective Order — In re January 2021 Short Squeeze Trading Litigation (Document 443)

Stipulated Protective Order — In re January 2021 Short Squeeze Trading Litigation (Document 443)

Summary

A Stipulated Protective Order in In re: January 2021 Short Squeeze Trading Litigation, Case 1:21-md-02989-CMA (Case No. 21-2989-MDL-ALTONAGA/Torres), in the U.S. District Court for the Southern District of Florida, entered November 23, 2021 as Document 443 (21 pages), relating to the Federal Securities Actions. Plaintiffs and Defendants in the Federal Securities Actions stipulate to and petition the Court to enter the order for confidential, proprietary or private discovery material. The order defines CONFIDENTIAL and HIGHLY CONFIDENTIAL - ATTORNEYS' EYES ONLY information under Federal Rule of Civil Procedure 26(c), the Gramm-Leach-Bliley Act, HIPAA and the General Data Protection Regulation, routes filings under seal through Local Rule 5.4, and ends with an acknowledgment form appointing a Florida agent for service of process.

Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used

Date
2021-11-23

Cite this document

“Stipulated Protective Order — In re January 2021 Short Squeeze Trading Litigation (Document 443).” Original at archive.org, dated 2021-11-23. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/2021-11-23-covid-era-misc-de6cabcd-1/, SHA-256 de6cabcd1cbe04bf0255794a0e44a5b4d90ca9b919849cc1d51d58dbab3eb02b.

Full text

Case 1:21-md-02989-CMA Document 443 Entered on FLSD Docket 11/23/2021 Page 1 of 21



                                UNITED STATES DISTRICT COURT
                                SOUTHERN DISTRICT OF FLORIDA

                            CASE NO. 21-2989-MDL-ALTONAGA/Torres

   In re:

   JANUARY 2021 SHORT SQUEEZE
   TRADING LITIGATION

                                              /

   This Document Relates to the Federal Securities Actions

                                STIPULATED PROTECTIVE ORDER


   1.       PURPOSES AND LIMITATIONS

            Disclosure and discovery activity in the above-captioned action (the “Action”) are likely

   to involve production of confidential, proprietary, or private information for which special

   protection from public disclosure and from use for any purpose other than prosecuting or defending

   this Action may be warranted. Accordingly, Plaintiffs and Defendants in the Federal Securities

   Actions (collectively, the “Parties”), by and through their undersigned counsel, having met and

   conferred, hereby stipulate to and petition the Court to enter the following Stipulated Protective

   Order (the “Order”).

            The Parties acknowledge, as set forth in Section 12.3, below, that the procedures for filing

   any Protected Material, as defined herein, shall be governed by Local Rule 5.4, which sets forth

   the procedures that must be followed and the standards that will be applied when a party seeks

   permission from the court to file material under seal.

   2.       DEFINITIONS

            2.1    Action: In re January 2021 Short Squeeze Trading Litigation, 21-md-2989.


            2.2    Challenging Party:     A Party or Non-Party that challenges the designation of
Case 1:21-md-02989-CMA Document 443 Entered on FLSD Docket 11/23/2021 Page 2 of 21



   information or items under this Order.

           2.3     “CONFIDENTIAL” Information or Items: Information (regardless of how it is

   generated, stored or maintained) or tangible things that are prohibited from disclosure by statute

   or qualify for protection under Federal Rule of Civil Procedure 26(c), including but not limited to,

   information or tangible things that constitute trade secrets, proprietary business information,

   competitively sensitive information, personal or business financial information, or other

   information prohibited from disclosure under applicable federal, state, or foreign data protection

   laws, including, without limitation, the Gramm-Leach-Bliley Act, 15 U.S.C. § 6801 et seq.

   (financial information), the Health Insurance Portability and Accountability Act (HIPAA) and the

   regulations thereunder, 45 CFR Part 160 and Subparts A and E of Part 164 (medical information),

   and the General Data Protection Regulation (GDPR), 2016/679 of the European Parliament and of

   the Council of 27 April 2016, and repealing Directive 95/46/EC (EU personal data).

           2.4     Counsel (without qualifier): Outside Counsel of Record and In-House Counsel (as

   well as their support staff).

           2.5     Designating Party: A Party or Non-Party that designates information or items that

   it produces in disclosures or in responses to discovery requests as “CONFIDENTIAL” or

   “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY.”

           2.6     Disclosure or Discovery Material: All items or information, regardless of the

   medium or manner in which it is generated, stored, or maintained (including, among other things,
   testimony, transcripts, and tangible things), that are produced or generated in disclosures or

   responses to discovery requests in this Action.

           2.7     Expert: A person with specialized knowledge or experience in a matter pertinent to

   the Action who has been retained by a Party or its Counsel to serve as an expert witness or as a

   consultant in this Action (as well as his or her employees and staff).
Case 1:21-md-02989-CMA Document 443 Entered on FLSD Docket 11/23/2021 Page 3 of 21



          2.8     “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” Information or

   Items: Extremely sensitive “Confidential Information or Items” that a Party determines in good

   faith to consist of highly proprietary business information, which should not be disclosed to

   another Party’s or Non-Party’s operational and business personnel, including, without limitation,

   trade secrets, the disclosure of which to another Party or Non-Party would create a substantial risk

   of serious harm that could not be reasonably avoided by less restrictive means absent undue

   burden.

          2.9     Federal Securities Actions: The cases within the Action governed by the Private

   Securities Litigation Reform Act of 1995, 15 U.S.C. § 78u-4 et seq.

          2.10    In-House Counsel: Attorneys who are employees of a Party (or any affiliated entity

   or subsidiary of the Party) to this Action, or their support staff. In-House Counsel does not include

   Outside Counsel of Record or any other outside counsel of a Party.

          2.11    Non-Party: Any natural person, partnership, corporation, association, or other legal

   entity not named as a Party to this Action.

          2.12    Outside Counsel of Record: Attorneys who are not employees of a Party to this

   action but are retained to represent or advise a Party to this action and have appeared in this Action

   on behalf of that Party or are affiliated with a law firm which has appeared on behalf of that Party.

          2.13    Party: Any named party to this Action.
Case 1:21-md-02989-CMA Document 443 Entered on FLSD Docket 11/23/2021 Page 4 of 21



          2.14    Producing Party: A Party or Non-Party that produces Disclosure or Discovery

   Material in this action.

          2.15    Professional Vendors: Persons or entities engaged by a Party or engaged by Outside

   Counsel of Record that provide litigation support services (e.g., photocopying, videotaping,

   translating, preparing exhibits or demonstrations, and organizing, storing, or retrieving data in any

   form or medium) and their employees and subcontractors.

          2.16    Protected Material: Any Disclosure or Discovery Material that is designated as

   “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY.”

          2.17    Receiving Party: A Party that receives Disclosure or Discovery Material from a

   Producing Party.

   3.     SCOPE

          The protections conferred by this Order cover not only Protected Material (as defined

   above), but also all of the following, which shall also be deemed Protected Material: (1) any

   information copied or extracted from Protected Material; (2) all copies, excerpts, summaries, or

   compilations of Protected Material; and (3) any testimony, conversations, or presentations by

   Parties or their Counsel that might reveal Protected Material. Any use of Protected Material at trial

   shall be governed by a separate agreement or order. However, the protections conferred by this

   Order do not cover the following information: (a) any information that is in the public domain at

   the time of disclosure to a Receiving Party or becomes part of the public domain after its disclosure

   to a Receiving Party as a result of publication not involving a violation of this Order, including

   becoming part of the public record through trial or otherwise; and (b) any information known to

   the Receiving Party prior to the disclosure unless the Receiving Party is subject to an existing and

   separate duty of confidentiality or obtained by the Receiving Party after the disclosure from a

   source who obtained the information lawfully and under no obligation of confidentiality to the
Case 1:21-md-02989-CMA Document 443 Entered on FLSD Docket 11/23/2021 Page 5 of 21



   Designating Party.

   4.     DURATION

          Even after final disposition (as defined herein) of this Action, the confidentiality

   obligations imposed by this Order shall remain in effect until a Designating Party agrees otherwise

   in writing or a court order otherwise directs. Final disposition shall be deemed to be the later of:

   (1) dismissal of all claims and defenses in this action, with or without prejudice; and (2) final

   judgment herein after the completion and exhaustion of all appeals, rehearings, remands, trials, or

   reviews of this Action, including the time limits for filing any motions or applications for extension

   of time pursuant to applicable law.

   5.     DESIGNATING PROTECTED MATERIAL

          5.1     Exercise of Restraint and Care in Designating Material for Protection. Each Party

   or Non-Party that designates information or items for protection under this Order must take care

   to limit any such designation to specific material that qualifies under the appropriate standards. To

   the extent it is practicable to do so, the Designating Party must designate for protection only those

   parts of material, documents, items, or oral or written communications that qualify.

          Designations that are shown to be clearly unjustified or that have been made for an

   improper purpose (e.g., to unnecessarily encumber or obstruct the case development process or to

   impose unnecessary expenses and burdens on another Party or Non-Party) may expose the

   Designating Party to sanctions pursuant to applicable law.

          If it comes to a Designating Party’s attention that information or items that it designated

   for protection do not qualify for protection, that Designating Party must promptly notify all other

   Parties that it is withdrawing the designation.
Case 1:21-md-02989-CMA Document 443 Entered on FLSD Docket 11/23/2021 Page 6 of 21



          5.2     Manner and Timing of Designations. Except as otherwise provided in this Order

   (see, e.g., second paragraph of section 5.2(a) below), or as otherwise stipulated or ordered,

   Disclosure or Discovery Material that qualifies for protection under this Order must be clearly so

   designated before the material is disclosed or produced. Designation in conformity with this Order

   requires:

                  (a)     For information in documentary form (e.g., paper or electronic documents,

   but excluding transcripts of depositions or other pretrial or trial proceedings), that the Producing

   Party affix the legend “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’

   EYES ONLY” to each page that contains Protected Material except as otherwise set forth in other

   orders adopted in this Action.

                  A Party or Non-Party that makes original documents or materials available for

   inspection need not designate them for protection until after the Receiving Party has indicated

   which material it would like copied and produced. During the inspection and before the

   designation, all of the material made available for inspection shall be deemed “CONFIDENTIAL”

   or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY,” as determined by the Producing

   Party. After the Receiving Party has identified the documents it wants copied and produced, the

   Producing Party must determine which documents, or portions thereof, qualify for protection under

   this Order. Then, before producing the specified documents, the Producing Party must affix the

   appropriate legend (“CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES

   ONLY”) to each page that contains Protected Material.

          (b)     For testimony given in deposition or in other pretrial or trial proceedings: that the

   Designating Party identify on the record or up to 30 days afterwards (or a period otherwise agreed

   upon) all Protected Material, including specifying whether any portions of the transcript or the
Case 1:21-md-02989-CMA Document 443 Entered on FLSD Docket 11/23/2021 Page 7 of 21



   entire transcript shall be treated as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL –

   ATTORNEYS’ EYES ONLY.”

                  Parties shall give the other Parties notice if they reasonably expect a deposition,

   hearing, or other proceeding to include Protected Material so that the other Parties can ensure that

   only authorized individuals who have signed the “Acknowledgment and Agreement to Be Bound”

   (Exhibit A), if required by this Order, are present at those proceedings. The Party noticing the

   deposition shall provide the witness with a copy of both the Order and Exhibit A and request that

   within five court days the witness return Exhibit A (signed by the witness) or inform the Parties

   that the witness will not sign Exhibit A prior to testifying. Thereafter, the Parties will meet and

   confer concerning the way in which to proceed, consistent with Magistrate Judge Edwin G.

   Torres’s Order Setting Discovery Procedures. The use of a document as an exhibit at a deposition

   shall not in any way affect its designation as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL

   – ATTORNEYS’ EYES ONLY.” Transcripts containing Protected Material shall have an obvious

   legend on the title page that the transcript contains Protected Material, and the title page shall be

   followed by a list of all pages (including line numbers as appropriate) that have been designated

   as Protected Material and the level of protection being asserted by the Designating Party. The

   Designating Party shall inform the court reporter of these requirements. Any transcript that is

   prepared before the expiration of a 30-day (or otherwise agreedupon) period for witness review and

   designation shall be treated during that period as if it had beendesignated “CONFIDENTIAL” or

   “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” (as determined by the Producing

   Party) in its entirety unless otherwise agreed. After the expirationof that period, the transcript shall

   be treated only as actually designated. If, after the 30-day period(or otherwise agreed upon), no

   Party has designated some or all of the deposition transcript as Protected Material under this Order,

   the entire deposition, or those portions of the deposition not designated as Protected Material, will
Case 1:21-md-02989-CMA Document 443 Entered on FLSD Docket 11/23/2021 Page 8 of 21



   no longer be considered confidential. Notwithstanding the foregoing, a Party may use the

   information obtained at the deposition concerning the Protected Material at another deposition

   prior to the expiration of the 30-day period, provided that such Protected Material shall be treated

   as Confidential or Highly Confidential information consistent with the requirements of that

   designation.

                  (c)     For information produced in some form other than documentary and for any

   other tangible items: that the Producing Party affix in a prominent place on the exterior of the

   container or containers in which the information or item is stored, or in some other reasonable

   manner, the legend “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES

   ONLY.” If only a portion or portions of the information or item warrant protection, the Producing

   Party, to the extent practicable, shall identify the protected portion(s) and specify the level of

   protection being asserted.

          5.3     Inadvertent Failures to Designate. If timely corrected, an inadvertent failure to

   designate qualified information or items does not, standing alone, waive the Designating Party’s

   right to secure protection under this Order for such material. Upon timely correction of a

   designation, the Receiving Party must make reasonable efforts to assure that the material is treated

   in accordance with the provisions of this Order.

   6.     CHALLENGING CONFIDENTIALITY DESIGNATIONS

          6.1     Timing of Challenges. Any Party or Non-Party may challenge a designation of

   confidentiality at any time consistent with any scheduling orders to be entered by the Court. Unless

   a prompt challenge to a Designating Party’s confidentiality designation is necessary to avoid

   foreseeable, substantial unfairness, unnecessary economic burdens, or a significant disruption or

   delay of the Action, a Party does not waive its right to challenge a confidentiality designation by

   electing not to mount a challenge promptly after the original designation is disclosed.
Case 1:21-md-02989-CMA Document 443 Entered on FLSD Docket 11/23/2021 Page 9 of 21



          6.2     Meet and Confer. The Challenging Party shall initiate the dispute resolution

   process by providing written notice of each designation it is challenging and describing the basis

   for each challenge. To avoid ambiguity as to whether a challenge has been made, the written notice

   must recite that the challenge to confidentiality is being made in accordance with this specific

   paragraph of the Order. The Designating Party shall thereafter, within fourteen (14) calendar days

   (or as otherwise agreed upon), respond to such challenge in writing by either: (1) agreeing to

   remove the designation; or (2) stating the reasons to maintain such designation. Should the

   dispute remain unresolved, the Parties shall attempt to resolve each challenge in goodfaith and

   must begin the process by conferring directly within fourteen (14) calendar days of the date of

   service of the Designating Party’s response. In conferring, the Challenging Party must explain the

   basis for its belief that the confidentiality designation was not proper and must give theDesignating

   Party an opportunity to review the designated material, to reconsider the circumstances, and, if no

   change in designation is offered, to explain the basis for the chosen designation. A Challenging

   Party may proceed to the next stage of the challenge process only if it has engaged in this meet

   and confer process first or establishes that the Designating Party is unwilling to participate in the

   meet and confer process in a timely manner. Nothing in this paragraph precludes the Parties from

   agreeing to reasonable extensions at any step of the process described herein.

          6.3     Judicial Intervention. If the Parties cannot resolve a challenge without Court

   intervention through exhaustion of the procedures in paragraph 6.2, the Challenging Party may file

   a motion challenging a confidentiality designation at any time following completion of the

   procedure in paragraph 6.2 if there is good cause for doing so, including a challenge to the

   designation of a deposition transcript or any portions thereof. Any motion brought pursuant to this

   provision must be accompanied by certification pursuant to Local Rule 7.1 certifying that the

   movant has complied with the meet and confer requirements of this District.
Case 1:21-md-02989-CMA Document 443 Entered on FLSD Docket 11/23/2021 Page 10 of 21



           Frivolous challenges, and those made for an improper purpose (e.g., to harass or impose

    unnecessary expenses and burdens on another Party or Non-Party) may expose the Challenging

    Party to sanctions pursuant to applicable law. All Parties shall continue to afford the material in

    question the level of protection to which it is entitled under the Producing Party’s designation until

    the court rules on the challenge.

    7.     ACCESS TO AND USE OF PROTECTED MATERIAL

           7.1     Basic Principles. A Receiving Party may use Disclosure or Discovery Material that

    is disclosed or produced by another Party or by a Non-Party in connection with this Action only

    for prosecuting, defending, or attempting to settle this Action, and shall not use Disclosure or

    Discovery Material for any other purpose whatsoever, including without limitation any other

    litigation or any business or competitive purpose or function. Protected Material may be disclosed

    only to the categories of persons and under the conditions described in this Order. When the Action

    has been terminated, a Receiving Party must comply with the provisions of section 13 below

    (FINAL DISPOSITION).

           Disclosure or Discovery Material already shared among Parties in the Action shall be

    shared with counsel in the Federal Securities Action upon denial of a motion to dismiss the Federal

    Securities Action in whole or in part.

           Disclosure or Discovery Material must be stored and maintained by a Receiving Party,

    including any Counsel, Professional Vendor, Expert or other party engaged by the Receiving Party

    in this Action, at a location and in a secure manner that ensures that access is limited to the persons

    authorized under this Order. The Producing Party and Receiving Party shall agree on the level of

    protection expected in the storage and transfer of its information provided that such level of

    protection is not greater than that reasonably used by the Producing Party for such information in

    the ordinary course of the Producing Party’s business. In the event the Receiving Party, including
Case 1:21-md-02989-CMA Document 443 Entered on FLSD Docket 11/23/2021 Page 11 of 21



    any Counsel, Professional Vendor, Expert or other party engaged by the Receiving Party in this

    Action, experiences a data breach that affected or potentially affected Protected Material, it shall

    (to the extent permitted by law) as soon as practicable notify the Producing Party of the same, and

    shall cooperate with the Producing Party to address and remedy the breach, subject to the

    Producing Party’s reasonable instructions. Nothing herein shall constitute a waiver of legal rights

    and defenses regarding the protection of information from unauthorized disclosure.

           7.2     Disclosure of “CONFIDENTIAL” Information or Items. Unless otherwise ordered

    by the Court or permitted in writing by the Designating Party, a Receiving Party may disclose any

    information or item designated “CONFIDENTIAL” only to:

                   (a)     The Receiving Party’s Outside Counsel of Record in this action, as well as

                           employees of said Outside Counsel of Record to whom it is reasonably

                           necessary to disclose the information for this Action;

                   (b)     The officers, directors, and employees (including In-House Counsel) of the

                           Receiving Party to whom disclosure is reasonably necessary for this Action;

                   (c)     Experts retained by the Receiving Party to whom disclosure is reasonably

                           necessary for this Action and who have signed the Acknowledgment and

                           Agreement to Be Bound (Exhibit A), unless otherwise agreed in writing by

                           the Designating Party or ordered by the Court, and provided that no

                           disclosure shall be made to any Expert who is retained by, employed by, or

                           will be employed within six months by, a known competitor of the

                           Producing Party;

                   (d)     Insurers of the Receiving Party to whom disclosure is reasonably necessary

                           for coverage-related matters and who have signed the Acknowledgment and

                           Agreement to Be Bound (Exhibit A);
Case 1:21-md-02989-CMA Document 443 Entered on FLSD Docket 11/23/2021 Page 12 of 21



               (e)   The Court, Magistrate Judge and their personnel; and any appellate court or

                     other court (and their personnel) before which the Parties appear in this

                     Action;

               (f)   Court reporters, videographers, and their staff;


               (g)   Professional jury or trial consultants, mock jurors, and Professional

                     Vendors to whom disclosure is reasonably necessary for this Action and

                     who have signed the “Acknowledgment and Agreement to Be Bound”

                     (Exhibit A);

               (h)   During their depositions, witnesses in the action to whom disclosure is

                     reasonably necessary and who have signed the “Acknowledgment and

                     Agreement to Be Bound” (Exhibit A), unless otherwise agreed by the

                     Designating Party, which agreement shall not be unreasonably withheld for

                     an improper purpose (e.g., to harass or impose unnecessary expenses and

                     burdens on another Party or Non-Party), or ordered by the Court. Pages of

                     transcribed deposition testimony or exhibits to depositions that reveal

                     Protected Material must beseparately bound by the court reporter and may

                     not be disclosed to anyoneexcept as permitted under this Order;

               (i)   The author or recipient of a document containing the information or a

                     custodian or other person who otherwise possessed or knew theinformation;

               (j)   Special masters or discovery referees who may be appointed by the Court;

               (k)   Mediators or settlement officers, and their supporting personnel, subject to

                     the mutual agreement of the Parties engaged in settlement discussions who

                     have signed the “Acknowledgment and Agreement to Be Bound” (Exhibit
Case 1:21-md-02989-CMA Document 443 Entered on FLSD Docket 11/23/2021 Page 13 of 21



                           A);

                   (l)     Any other person as to whom the Designating Party has consented to

                           disclosure in advance; and

                   (m)     Such other persons as the Parties may agree or may be ordered by the Court.

           7.3     Disclosure of “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY”

    Information or Items. Unless otherwise ordered by the court or permitted in writing by the

    Designating Party, information or items designated “HIGHLY CONFIDENTIAL –

    ATTORNEYS’ EYES ONLY” may only be disclosed to:

           (a) The Receiving Party’s Outside Counsel of Record in this action, as well as employees

    of said Outside Counsel of Record to whom it is reasonably necessary to disclose the information

    for this Action;

           (b) In-House Counsel of the Receiving Party who is actively managing this Action for the

    Receiving Party and who does not have material substantive input into competitive decision-

    making;

           (c) Experts of the Receiving Party to whom disclosure is reasonably necessary for this

    Action and who have signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A)

    unless otherwise agreed in writing by the Designating Party or ordered by the Court, and provided

    that no disclosure shall be made to any Expert who is retained by, employed by, or will be

    employed within six months by, a known competitor of the Producing Party;

           (d) The Court, Magistrate Judge and their personnel; and any appellate court or other court

    (and their personnel) before which the Parties appear in this action;

           (e) Within 30 days after the commencement of discovery, the Parties will meet and confer

    about the manner in which “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY”

    material may be used at deposition.
Case 1:21-md-02989-CMA Document 443 Entered on FLSD Docket 11/23/2021 Page 14 of 21



           (f) Court reporters, videographers, and their staff,

           (g) Professional jury or trial consultants, and Professional Vendors to whom disclosure is

    reasonably necessary for this Action and who have signed the “Acknowledgment and Agreement

    to Be Bound” (Exhibit A); and

           (h) The author or recipient of a document containing the information or a custodian or other

    person who otherwise possessed or knew the information;

           (i) Special masters or discovery referees who may be appointed by the Court; and

           (j) Mediators or settlement officers, and their supporting personnel, subject to the mutual

    agreement of the Parties engaged in settlement discussions, and who have signed the

    “Acknowledgment and Agreement to Be Bound” (Exhibit A).

    8.     PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED IN
           OTHER LITIGATION

           If a Party is served with a subpoena, demand or a court order issued in another litigation,

    investigation or other regulatory proceeding that compels disclosure of any information or items

    designated in this action as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL –

    ATTORNEYS’ EYES ONLY,” that Party must:

                  (a)     Promptly notify in writing the Designating Party. Such notification shall

                          include a copy of the subpoena or court order;

                  (b)     Promptly notify 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 subject to this Order. Such notification shall include a

                          copy of this Order; and

                  (c)     Cooperate with respect to all reasonable procedures sought to be pursued

                          by the Designating Party whose Protected Material may be affected to alert
Case 1:21-md-02989-CMA Document 443 Entered on FLSD Docket 11/23/2021 Page 15 of 21



                            the interested parties to the existence of this Order and to afford the

                            Designating Party in this Action an opportunity to try to protect its

                            confidentiality interests in the court from which the subpoena or order

                            issued.

            If the Designating Party timely seeks a protective order, i.e., within a period of time that is

    calculated not to expose the recipient of the subpoena, demand or court order to sanctions, the

    Party served with the subpoenaor court order shall not produce any information designated in this

    Action as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY”

    before a determination by the court from which the subpoena or order issued, unless the Party has

    obtained the Designating Party’s permission. The Designating Party shall bear the burden and

    expense of seeking protection in that court of its confidential material—and nothing in these

    provisions should be construed as requiring, authorizing or encouraging a Receiving Party in this

    action to disobey a lawful directive from another court, or violate any other applicable federal or

    state law, rules or regulations.

    9.      A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE PRODUCED IN
            THIS ACTION

                    (a)     The terms of this Order are applicable to information produced by a Non-

                            Party in this action and designated as “CONFIDENTIAL” or “HIGHLY

                            CONFIDENTIAL – ATTORNEYS’ EYES ONLY.” Such information

                            produced by Non-Parties in connection with this Action is protected by the

                            remedies and relief provided by this Order. Nothing in these provisions

                            should be construed as prohibiting a Non-Party from seeking additional

                            protections.

                    (b)     In the event that a Party is required, by a valid discovery request, to produce

                            a Non-Party’s confidential information in its possession, and the Party is
Case 1:21-md-02989-CMA Document 443 Entered on FLSD Docket 11/23/2021 Page 16 of 21



                          subject to an agreement with the Non-Party not to produce the Non-Party’s

                          confidential information, then the Party shall:

                                  (1)    Promptly notify in writing the Requesting Party and the

                                         Non-Party that some or all of the information requested is

                                         subject to a confidentiality agreement with a Non-Party;

                                  (2)    Promptly provide the Non-Party with a copy of this Order,

                                         the relevant discovery request(s), and a reasonably specific

                                         description of the information requested; and

                                  (3)    Make the information requested available for inspection by

                                         the Non-Party.

                   (c)    If the Non-Party fails to object or seek a protective order from this Court

                          within fourteen (14) days of receiving the notice and accompanying

                          information, the Receiving Party may produce the Non-Party’s Protected

                          Material responsive to the discovery request. If the Non-Party timely seeks

                          a protective order, the Receiving Party shall not produce any information in

                          its possession or control that is subject to the confidentiality agreement with

                          the Non-Party before a determination by the Court. Absent a Court order to

                          the contrary, the Non-Party shall bear the burden and expense of seeking

                          protection in this Court of its Protected Material.

    10.    UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL

           If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed Protected

    Material to any person or in any circumstance not authorized under this Order, the Receiving Party

    must immediately (a) notify in writing the Designating Party of the unauthorized disclosures, (b)

    use its best efforts to retrieve all unauthorized copies of the Protected Material, (c) inform the
Case 1:21-md-02989-CMA Document 443 Entered on FLSD Docket 11/23/2021 Page 17 of 21



    person or persons to whom unauthorized disclosures were made of all the terms of this Order, and

    (d) request such person or persons to execute the “Acknowledgment and Agreement to Be Bound”

    that is attached hereto as Exhibit A.

    11.    INADVERTENT PRODUCTION                     OF     PRIVILEGED          OR     OTHERWISE
           PROTECTED MATERIAL

           11.1    When a Producing Party gives notice to Receiving Parties that certain inadvertently

    produced material is subject to a claim of privilege or other protection, the obligations of the

    Receiving Parties are those set forth in Federal Rule of Civil Procedure 26(b)(5)(B).

           11.2    Any inadvertent production of privileged or otherwise protected material that

    satisfies Federal Rule of Evidence 502(b) shall not be deemed to have waived the privilege or

    protection. Pursuant to Federal Rules of Evidence 502(d) and (e), the Parties have entered or will

    have entered into a separate Stipulated Rule 502(d) and Privileged Materials Order, which sets

    forth the procedure concerning the inadvertent production of privileged or otherwise protected

    material.

    12.    MISCELLANEOUS

           12.1    Right to Further Relief. Nothing in this Order abridges the right of any Party to seek

    its modification by the Court in the future.

           12.2    Right to Assert Objections. By stipulating to the entry of this Order, no Party is

    waiving any objections to the production of documents or information on any basis, including,

    without limitation, the right to object to production of information and/or documents that a Party

    contends are subject to any confidentiality interest of themselves, or third parties, such that

    disclosure should be precluded notwithstanding the protections of this Order (e.g., in the event of

    a contractual confidentiality provision between the Producing Party and a third party). In the event

    such a confidentiality interest affects the production of requested material, the Producing Party
Case 1:21-md-02989-CMA Document 443 Entered on FLSD Docket 11/23/2021 Page 18 of 21



    shall endeavor to resolve any issue precluding production (e.g., seek to obtain the consent of the

    third party to produce the Protected Material notwithstanding a confidentiality provision).

    Similarly, no Party waives any right to object on any ground to use in evidence of any of the

    material covered by this Order.

            12.3   Filing Protected Material. Without first receiving written permission from the

    Designating Party or a court order secured after appropriate notice to all interested persons, a Party

    may not file in the public record in this Action any Protected Material. A Party that seeks to file

    under seal any Protected Material must comply with Local Rule 5.4. The extent of Protected

    Material included within any such proposed filings under seal shall be limited to the particular

    items of information and/or portions of documents that are reasonably necessary to the filing.

    Pursuant to Local Rule 5.4, the proposed sealed material shall not be filed unless the Court grants

    the motion to file under seal. The motion to file under seal shall specify the proposed duration of

    the requested sealing. If, prior to the issuance of a ruling on the motion to file under seal, the

    moving party elects or is required to publicly file a pleading, motion, memorandum, or other

    document that attaches or reveals the content of the proposed sealed material, then the moving

    party must redact from the public filing all content that is the subject of the motion to file under

    seal.

            12.4   No Effect on Designating Party. This Order shall not apply to and shall not limit in

    any way any Designating Party’s use, disclosure or handling of its own Protected Material.

            12.5 Non-Public, Personally Identifiable Information. Producing Party may partially or

    wholly redact the nonpublic, personally identifiable information from any Disclosure or Discovery

    Material that may contain it, including for example customer names, Social Security numbers,

    account numbers, telephone numbers, mailing addresses, and email addresses.

    13.     FINAL DISPOSITION
Case 1:21-md-02989-CMA Document 443 Entered on FLSD Docket 11/23/2021 Page 19 of 21



           Within 60 days after the final disposition of this action, as defined in Section 4 (Duration),

    each Receiving Party must return all Protected Material to the Producing Party or destroy such

    material. As used in this subdivision, “all Protected Material” includes all copies, abstracts,

    compilations, summaries, and any other format reproducing or capturing any of the Protected

    Material. Whether the Protected Material is returned or destroyed, the Receiving Party must submit

    a written certification to the Producing Party (and, if not the same person or entity, to the

    Designating Party) by the 60 day deadline that (1) identifies (by category, where appropriate) all

    the Protected Material that was returned or destroyed and (2) affirms that the Receiving Party has

    not retained any copies, abstracts, compilations, summaries or any other format reproducing or

    capturing any of the Protected Material. Notwithstanding this provision, Counsel are entitled to

    retain an archival copy of all pleadings, motion papers, trial, deposition, and hearing transcripts,

    legal memoranda, correspondence, deposition and trial exhibits, expert reports, attorney work

    product, and consultant and expert work product, even if such materials contain Protected Material.

    Any such archival copies that contain or constitute Protected Material remain subject to this

    Protective Order as set forth in Section 4 (Duration). Nothing in this provision, however, should

    be construed as requiring the Receiving Party to destroy any material that it is obligated to maintain

    under applicable laws and regulations.

    IT IS SO STIPULATED, THROUGH UNDERSIGNED COUNSEL OF RECORD.

   Respectfully submitted,


   /s/ Laurence M. Rosen                               /s/ Samuel A. Danon
   THE ROSEN LAW FIRM, P.A.                            HUNTON ANDREWS KURTH LLP
   Laurence M. Rosen, Esq. (FBN 0182877)               Samuel A. Danon (FBN 892671)
   Phillip Kim, Esq.                                   Gustavo Javier Membiela (FBN 513555)
   Robin Howald, Esq.                                  María Castellanos Alvarado (FBN 116545)
   Erica Stone, Esq.                                   333 S.E. 2 Avenue, Suite 2400 Miami, FL
   Michael Cohen, Esq.                                 33131
   275 Madison Avenue, 40th Floor                      Telephone: (305) 810-2500
   New York, New York 10016                            Facsimile: (305) 810-2460
   Telephone: (212) 686-1060                           sdanon@huntonak.com
Case 1:21-md-02989-CMA Document 443 Entered on FLSD Docket 11/23/2021 Page 20 of 21



   Facsimile: (212) 202-3827                 gmembiela@huntonak.com
   lrosen@rosenlegal.com                     mcastellanos@hunton.com
   pkim@rosenlegal.com
   rhowald@rosenlegal.com                    CRAVATH, SWAINE & MOORE LLP
   estone@rosenlegal.com                     Antony L. Ryan
   mcohen@rosenlegal.com                     Kevin J. Orsini
                                             Brittany L. Sukiennik
    Counsel for Lead Plaintiff               825 Eighth Avenue
                                             New York, NY 10019
                                             Telephone: (212) 474-1000
                                             Facsimile: (212) 474-3700
                                             aryan@cravath.com
                                             korsini@cravath.com
                                             bsukiennik@cravath.com

                                             Counsel for Defendants Robinhood Markets,
                                             Inc., Robinhood Financial LLC and
                                             Robinhood Securities, LLC




   SO ORDERED this ___ day of ____________, 2021.



                                        _________________________________
                                         The Honorable Cecilia M. Altonaga
                                         Chief United States District Judge
Case 1:21-md-02989-CMA Document 443 Entered on FLSD Docket 11/23/2021 Page 21 of 21



                                               EXHIBIT A

    ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND

    I,                                     [print or type full name], of                      [print or

    type full address], declare under penalty of perjury that I have read in its entirety and understand

    the Stipulated Protective Order that was issued by the United States District Court for the Southern

    District of Florida in the case of In re Jan. 2021 Short Squeeze Trading Litigation, Case No. 21-

    2989-MDL-ALTONAGA/Torres. I agree to comply with and to be bound by all the terms of this

    Stipulated Protective Order and I understand and acknowledge that failure to so comply could

    expose me to sanctions and punishment in the nature of contempt. I solemnly promise that I will

    not disclose in any manner any information or item that is subject to this Stipulated Protective

    Order to any person or entity except in strict compliance with the provisions of this Order.

            I further agree to submit to the jurisdiction of the United States District Court for the

    Southern District of Florida for the purpose of enforcing the terms of this Stipulated Protective

    Order, even if such enforcement proceedings occur after termination of this action.

            I hereby appoint                                       [print or type full name] of

                                                      [print or type full address and telephone number]

    as my Florida agent for service of process in connection with this action or any proceedings related

    to enforcement of this Stipulated Protective Order.

    Date:

    City and State where sworn and signed:

    Printed name:

    Signature:


File and source

File
gov.uscourts.flsd.590042.443.0.pdf
Size
270,731 bytes
SHA-256
de6cabcd1cbe04bf0255794a0e44a5b4d90ca9b919849cc1d51d58dbab3eb02b
Our copy
gov.uscourts.flsd.590042.443.0.pdf
Original
archive.org
Back to top