[Proposed] Stipulated Order — In re Vyaire Medical, Inc.

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IN THE UNITED STATES BANKRUPTCY COURT
FOR THE DISTRICT OF DELAWARE

In re:

VYAIRE MEDICAL, INC., et al.,1

Debtor.
 Chapter 11

Case No. 24-11217 (BLS)

COVINGTON & BURLING LLP2 and
REED SMITH LLP,

Plaintiffs,

v.

VYAIRE MEDICAL, INC. and VYAIRE
HOLDING CO., as WIND-DOWN
DEBTORS, DAVID M. BARSE, in his
capacity as Plan Administrator of Vyaire
Medical, Inc., and JOHN DOE
LIQUIDATING TRUST,

Defendants.

Adv. Proc. No.: 25-52381 (BLS)
[PROPOSED] STIPULATED ORDER
CONCERNING CONFIDENTIAL INFORMATION

Pursuant to Fed. R. Civ. P. 26(c) made applicable to this proceeding by Federal Rule of
Bankruptcy Procedure 7026, the parties hereby stipulate and agree to the terms of the following
Order Concerning Confidential Information governing the discovery and disclosure of certain
information in this action, and further stipulate, as necessary, to the entry of an Order adopting
and enforcing the terms hereof.  This Stipulated Order Concerning Confidential  Information

1 The chapter 11 case is now being administered by the Plan Administrator pursuant to the terms of the Findings of
Fact, Conclusions of Law, and Order Approving he Debtors’ Disclosure Statement for and Confirming the Second
Amended Joint Chapter 11 Plan of Vyaire Medical, Inc. and its Debtor Affiliates Pursuant to Chapter 11 of the
Bankruptcy Code [Docket No. 745]. The Plan Administrator’s mailing address is Vyaire Medical, Inc., Attn: David
M. Barse, Plan Administrator, c/o Cole Schotz P.C., 500 Delaware Avenue, Suite 600, Wilmington, DE 19801.
2 Capitalized, yet undefined, terms herein have the meaning ascribed to them in the Plaintiff’s Complaint [Adversary
Docket No. 1] or the Plan [Docket No.348].
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shall govern all documents and information produced by any person served with a Subpoena or
produced by Plaintiffs or any Defendant in this Action, whether produced informally or pursuant
to a formal discovery request and shall also include all documents, or information contained in a
document, information revealed during a deposition, in any interrogatory answer or otherwise
disclosed in discovery, except as limited below.
(a)  The following documents and information may be designated as “confidential,”
provided such documents are not public and have not previously been disclosed by
the producing party to anyone except those in its employment or those retained by it:
i. Sensitive Personal Data, such as personal identifiers, financial
information, tax records, and employer personnel records;
ii. The Settlement Agreement in the Insurance Coverage Action, as that
term is defined in the Complaint.
(b) Defendants shall produce to Plaintiffs an unredacted copy of the Settlement
Agreement in the Insurance Coverage Action no later than two (2) business days of
entry of this Order or a substantially similar Order.
(c) An attorney for the producing party may designate documents or parts thereof as
confidential by stamping the word “confidential” on each page.
(d) If such information is provided in an answer to an interrogatory, the attorney may
designate answers as confidential by stamping or otherwise clearly marking the
answer “confidential.”
(e) At the time of a deposition or within ten (10) days after receipt of the deposition
transcript, a party may designate as confidential specific portions of the transcript that
contain confidential information under the standards set forth in paragraph (a) above.
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This designation shall be in writing and served upon all counsel.  Transcripts will
automatically be treated as confidential for this initial ten (10) day period after receipt
of the deposition transcript.  Thereafter, any portion(s) of a transcript designated
confidential shall be treated confidential in accordance with this Order.  The
confidential portion of the transcript and any exhibits referenced solely therein shall
be bound in a separate volume and marked “Confidential Information” by the
reporter.
(f) Documents designated as “confidential” shall be shown only to the parties, attorneys
for the parties, the parties’ insurers and counsel to insurers, outside vendors or service
providers engaged by the parties, experts engaged by the parties, mediators or
arbitrators engaged by the parties, actual or proposed witnesses, court personnel and
other persons necessary to review the documents for the prosecution or defense of
this lawsuit.  Each person who is permitted to see the confidential documents shall
first be shown a copy of this Order and shall further be advised of the obligation to
honor the confidential designation.  Each person who is permitted to see confidential
documents, who is not a party, an attorney for a party, or court personnel, shall be
required to sign an agreement to be bound by this Order, attached hereto as Exhibit
“A.”   The parties agree that any confidential discovery material produced in this
litigation may only be used in connection with this litigation.
(g) Review of confidential documents and information by counsel, experts, or consultants
for the litigants in this litigation shall not waive the confidentiality of the documents
or the objections to production.
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(h) The inadvertent, unintentional, or in camera disclosure of a confidential document
and information shall not generally be deemed a waiver, in whole or in part, of any
party’s claims of confidentiality.  If at any time prior to trial, a producing party
realizes that some portion(s) of the discovery material that the party produced should
be designated as “confidential,” the party may so designate by apprising all parties in
writing and providing that the material has not already been published or otherwise
disclosed, such portion shall thereafter be treated as confidential under this Order.
(i) If a party believes that a document designated or sought to be designated as
confidential by the producing party does not warrant such designation, the party shall
first make a good-faith effort to resolve such a dispute with opposing counsel.  In the
event that such a dispute cannot be resolved by the parties, either party may apply to
the Court for a determination as to whether the designation is appropriate.  The
burden rests on the party seeking confidentiality to demonstrate that such designation
is proper.
(j) If a party wishes to file a document designated as confidential, the party shall comply
with the Local Rules of the United States Bankruptcy Court for the District of
Delaware for e-filing sealed documents.
(k) Within a reasonable period after the conclusion of the litigation, all confidential
material shall be either returned to the producing party OR destroyed by the recipient.
(l) In any application to the Court referred to or permitted by this Order, the Court may
exercise discretion in determining whether the prevailing party in such a dispute may
recover costs incurred by it and, if so, the amount to be awarded.
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(m) This Court shall retain jurisdiction over all persons subject to this order to the extent
necessary to enforce any obligation arising hereunder.
CIARDI CIARDI & ASTIN

/s/ John D. McLaughlin, Jr.
John D. McLaughlin, Jr.
No. 4123
Ciardi Ciardi & Astin
1204 N. King Street
Wilmington, DE  19801
Telephone:  484-437-2676
Email:  jmclaughlin@ciardilaw.com

    -and-

Albert A. Ciardi, III, Esquire
1905 Spruce Street
Philadelphia, PA 19103
(215) 557-3550 telephone
Email: aciardi@ciardilaw.com
Counsel to Defendants
THE ROSNER LAW GROUP LLC

/s/ Frederick B. Rosner
Frederick B. Rosner (DE 3995)
Zhao (Ruby) Liu (DE 6436)
824 N. Market St, Ste 810
Wilmington, Delaware 19801
Phone: (302) 777-1111
E-mail: rosner@teamrosner.com
liu@teamrosner.com

-and-

COVINGTON & BURLING LLP
Dianne F. Coffino
C. William Phillips
Jordan S. Joachim
30 Hudson Yards
New York, NY 10001-2170
Telephone: (212) 841-1000
E-mail: dcoffino@cov.com
cphillips@cov.com
jjoachim@cov.com

Counsel to Covington & Burling LLP

REED SMITH LLP
/s/ Jason D. Angelo
Jason D. Angelo (No. 6009)
1201 North Market Street, Suite 1500
Wilmington, DE 19801
Telephone: (302) 778.7500
Facsimile: (302) 778.7575
E-mail: jangelo@reedsmith.com

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-and-
REED SMITH LLP
Bert Wells (pro hac vice forthcoming)
599 Lexington Avenue, 22nd Floor
New York, NY 10022
Telephone: (212) 549.0323
Facsimile: (212) 521.5450
E-mail: bert.wells@reedsmith.com
Counsel for Plaintiff Reed Smith LLP

BY THE COURT

Dated: ___________, 2026

_______________________________

Hon. Brendan L. Shannon

United States Bankruptcy Judge

Dated: January 7th, 2026
Wilmington, Delaware
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EXHIBIT A

I have been informed by counsel that certain documents or information to be disclosed to
me in connection with the matter captioned Covington & Burling LLP and Reed Smith LLP v.
Vyaire Medical, Inc. et al. Adv. Pro. No. 25-52382 pending in the United States Bankruptcy
Court for the District of Delaware, have been designated as confidential.  I have been informed
that any such document(s) or information labeled “confidential” are confidential by Order of the
Court.

I hereby agree that I will not disclose any information contained in such documents to any
other person.  I further agree not to use any such information for any purpose other than this
litigation.

Dated:___________, 2026

___________________________________

(signature)

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