The opinion
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION
JUUL Labs, Inc., :
:
Plaintiff, : Case No. 1:21-cv-490
:
v. : Judge Michael R. Barrett
:
Ismail Sharida, et al. : Magistrate Judge Karen L. Litkovitz
:
Defendants. :
:
STIPULATED PROTECTIVE ORDER
Pursuant to the parties’ joint request that the Court enter this Order, and their agreement
that the following limitations and restrictions should apply to documents and information produced
for inspection and copying during the course of this litigation (the “Action”), the Court hereby
ORDERS that:
1. Scope. This Protective Order (hereinafter “Protective Order” or “Order”) shall
apply to all documents or other information produced in the course of discovery in this Action that
the producing person or entity (the “Producing Entity”) has designated as “CONFIDENTIAL –
SUBJECT TO PROTECTIVE ORDER” or “CONFIDENTIAL – ATTORNEYS’ EYES ONLY –
SUBJECT TO PROTECTIVE ORDER” (either a “Confidentiality Designation” or collectively
the “Confidentiality Designations”) pursuant to this Order, including but not limited to, all initial
disclosures, all responses to discovery requests, all deposition testimony and exhibits, and all
materials (including documents or testimony) produced by non-parties in response to subpoenas
issued in connection with this matter, including all copies, excerpts, and summaries thereof
(collectively the “Confidential Information”).
2. Purpose. The purpose of this Protective Order is to protect against the unnecessary
disclosure of Confidential Information.
3. Disclosure Defined. As used herein, “disclosure” or “to disclose” means to
divulge, reveal, describe, summarize, paraphrase, quote, transmit, or otherwise communicate
Confidential Information, and the restrictions contained herein regarding disclosure of
Confidential Information also apply with equal force to any copies, excerpts, analyses, or
summaries of such materials or the information contained therein, as well as to any pleadings,
briefs, exhibits, transcripts or other documents which may be prepared in connection with this
litigation which contain or refer to the Confidential Information or information contained therein.
4. Designating Material
a. Confidentiality Designations. Any party, or any third party subpoenaed by
one of the parties, may make Confidentiality Designations as to any documents, testimony,
written responses, tangible things, or other materials produced in this case, regardless of
how generated, stored, or maintained, if they contain information that the Producing Entity
asserts in good faith is protected from disclosure by Rule 26(c) of the Federal Rules of
Civil Procedure or other federal or state statute, rule, regulation, or common law, including,
but not limited to, confidential personal information, medical or psychiatric information,
trade secrets, personnel records, or such other sensitive commercial information that is not
publicly available. Information that is publicly available may not be designated as
Confidential. The designation of materials as Confidential pursuant to the terms of this
Protective Order does not mean that the document or other material has any status or
protection by statute or otherwise except to the extent and for the purposes of this Order.
b. Designating Material as CONFIDENTIAL – SUBJECT TO
PROTECTIVE ORDER. Material designated as CONFIDENTIAL – SUBJECT TO
PROTECTIVE ORDER may include: (1) information protected from disclosure by statute
or regulation, including, but not limited to, the Family Educational Rights and Privacy Act;
(2) information that constitutes a trade secret in accordance with Uniform Trade Secrets
Act; (3) non-public communications with regulators or other governmental bodies that are
protected from disclosure by statute or regulation; (4) information that includes material
protected by federal, state, or foreign data protection laws or other privacy obligations; and
(5) personal identifiable information, including: Social Security Numbers; health
information relating to the past, present or future physical or mental health or condition of
an individual; the provision of health care to an individual, or the past present, or future
payment for the provision of health care to an individual; personal financial information
such as tax information, bank account numbers, and credit card numbers; insurance claim
numbers; insurance policy numbers; or the personal email addresses or other contact
information of company board members, executives, and employees.
c. Designating Material as CONFIDENTIAL – ATTORNEYS’ EYES
ONLY – SUBJECT TO PROTECTIVE ORDER. Any party, or any third party
subpoenaed by one of the parties, may designate as CONFIDENTIAL – ATTORNEYS’
EYES ONLY – SUBJECT TO PROTECTIVE ORDER any materials or information that
meet the test set forth in Paragraph 4.a, but as to which the Producing Entity also asserts in
good faith that the information is so competitively sensitive that the receipt of the
information by parties to the litigation could result in competitive harm. Material
designated as CONFIDENTIAL - ATTORNEYS EYES ONLY – SUBJECT TO
PROTECTIVE ORDER may include: (1) sensitive technical information, including current
research, development and manufacturing information and patent prosecution information;
(2) sensitive business information, including highly sensitive financial or marketing
information and the identity of suppliers, distributors and potential or actual customers; (3)
competitive technical information, including technical analyses or comparisons of
competitor’s products; (4) competitive business information, including non-public
financial or marketing analyses or comparisons of competitor’s products and strategic
product planning; (5) highly personal non-public information; or (6) any other confidential
material the Producing Entity reasonably and in good faith believes the disclosure of which
would likely cause competitive harm.
5. Form and Timing of Designation.
a. Documents and Written Materials. The Producing Entity shall designate
any document or other written materials as confidential pursuant to this Order by marking
each page of the material with a stamp setting forth the Confidentiality Designation, if
practical to do so. The person or entity designating the material shall place the stamp, to
the extent possible, in such a manner that it will not interfere with the legibility of the
document. Materials shall be so-designated prior to, or at the time of, their production or
disclosure.
b. Electronically Stored Information (“ESI”): If a production response
includes ESI, the Producing Entity shall make an effort to include within the electronic
files themselves the Confidentiality Designation to the extent practicable. If that is not
practicable, then the Producing Entity shall designate in a transmittal letter or email to the
party to whom the materials are produced (the “Receiving Party”) using a reasonable
identifier (e.g., the Bates range) any portions of the ESI that should be treated as
“CONFIDENTIAL – SUBJECT TO PROTECTIVE ORDER,” and any portions of the ESI
that should be treated as “CONFIDENTIAL – ATTORNEYS’ EYES ONLY – SUBJECT
TO PROTECTIVE ORDER.”
c. Deposition Testimony. Deposition testimony will be deemed confidential
only if designated as such when the deposition is taken or within thirty (30) days after
receipt of the deposition transcript. Such designation must indicate which Confidentiality
Designation applies, and must be specific as to the portions of the transcript and/or any
exhibits to which that Confidentiality Designation applies, except that any exhibit that was
marked with a Confidentiality Designation at the time of production, and which still bears
that mark at the time of its use in a deposition, shall be presumed to fall within the
provisions of this Order without further designation.
6. Limitation of Use.
a. General Protections. All information that has received a Confidentiality
Designation, including all information derived therefrom, shall be used by any Receiving
Party solely for purposes of prosecuting or defending this Action. A Receiving Party shall
not use or disclose the Confidential Information for any other purpose, including but not
limited to any business, commercial, or competitive purpose. Except as set forth in this
Order, a Receiving Party shall not disclose Confidential Information to any third party.
This Order shall not prevent the Producing Entity from using or disclosing information it
has designated as Confidential Information, and that belongs to the Producing Entity, for
any purpose that the Producing Entity deems appropriate, except that the Producing
Entity’s voluntary disclosure of Confidential Information outside the scope of this Action
may impact the protection that this Order would otherwise provide with regard to such
information, once disclosed.
b. Persons To Whom Information Marked “Confidential” May Be
Disclosed. Use of any information, documents, or portions of documents marked
“CONFIDENTIAL – SUBJECT TO PROTECTIVE ORDER,” including all information
derived therefrom, shall be restricted solely to the following persons who agree to be bound
by the terms of this Protective Order, unless additional persons are stipulated by counsel
or authorized by the Court:
1. outside counsel of record for the parties, and the administrative staff of
outside counsel's firms;
2. in-house counsel for the parties, and the administrative staff for each in-
house counsel;
3. any party to this action who is an individual;
4. as to any party to this action who is not an individual, every employee,
director, officer, or manager of that party, but only to the extent necessary
to further the interest of the parties in this litigation;
5. independent consultants or expert witnesses (including partners, associates
and employees of the firm which employs such consultant or expert)
retained by a party or its attorneys for purposes of this litigation, but only to
the extent necessary to further the interest of the parties in this litigation,
and only after such persons have completed the certification attached hereto
as Attachment A, Acknowledgment of Understanding and Agreement to be
Bound;
6. the Court and its personnel, including, but not limited to, stenographic
reporters regularly employed by the Court and stenographic reporters not
regularly employed by the Court who are engaged by the Court or the parties
during the litigation of this action;
7. the authors and the original recipients of the documents;
8. any court reporter or videographer reporting a deposition;
9. employees of copy services, microfilming or database services, trial support
firms, and/or translators who are engaged by the parties during the litigation
of this action;
10. any designated arbitrator or mediator who is assigned to hear this matter, or
who has been selected by the parties, and his or her staff;
11. any person designated by the Court in the interest of justice, upon such
terms as the Court may deem proper; or
12. any other person agreed to in writing by the parties.
Prior to being shown any documents produced by another party marked “CONFIDENTIAL
– SUBJECT TO PROTECTIVE ORDER,” any person listed under paragraph 6(b)(3), 6(b)(4),
6(b)(7), 6(b)(9), or 6(b)(12) shall be advised that the confidential information is being disclosed
pursuant to and subject to the terms of this Protective Order.
c. Persons To Whom Information Marked “Attorneys’ Eyes Only” May
Be Disclosed. Use of any information, documents, or portions of documents marked
“CONFIDENTIAL – ATTORNEYS’ EYES ONLY – SUBJECT TO PROTECTIVE
ORDER,” including all information derived therefrom, shall be restricted solely to the
following persons who agree to be bound by the terms of this Protective Order, unless
additional persons are stipulated by counsel or authorized by the Court:
1. outside counsel of record for the parties, and the administrative staff of
outside counsel's firms;
2. independent consultants or expert witnesses (including partners, associates
and employees of the firm which employs such consultant or expert)
retained by a party or its attorneys for purposes of this litigation, but only to
the extent necessary to further the interest of the parties in this litigation,
and only after such persons have completed the certification attached hereto
as Attachment A, Acknowledgment of Understanding and Agreement to be
Bound;
3. the Court and its personnel, including, but not limited to, stenographic
reporters regularly employed by the Court and stenographic reporters not
regularly employed by the Court who are engaged by the Court or the parties
during the litigation of this action;
4. the authors and the original recipients of the documents;
5. any court reporter or videographer reporting a deposition;
6. employees of copy services, microfilming or database services, trial support
firms, and/or translators who are engaged by the parties during the litigation
of this action;
7. any designated arbitrator or mediator who is assigned to hear this matter, or
who has been selected by the parties, and his or her staff; or
8. any other person agreed to in writing by the parties.
Prior to being shown any documents produced by another party marked “CONFIDENTIAL –
ATTORNEYS’ EYES ONLY – SUBJECT TO PROTECTIVE ORDER,” any person listed under
paragraph 6(c)(5), 6(c)(7), or 6(c)(9) shall be advised that the confidential information is being
disclosed pursuant to and subject to the terms of this Protective Order.
7. Production of Protected Information. Production of any document or
information with a Confidentiality Designation, inadvertent or otherwise, shall be governed by
Fed. R. Evid. 502. Pursuant to subsections (d) and (e) of that Rule, the parties agree to, and the
Court orders, protection of Protected Information against claims of waiver (including as against
third parties and in other Federal and State proceedings) in the event such information is produced
during the course of the Litigation, whether pursuant to a Court order, a parties’ discovery request,
or informal production, as follows:
a. the production of documents or electronically stored information (“ESI”)
(including, without limitation, metadata) subject to a legally recognized claim of
privilege or other protection from production or other disclosure (collectively,
“Protected Information”), including without limitation the attorney-client privilege
and work-product doctrine, shall in no way constitute the voluntary disclosure of
such Protected Information;
b. the production of Protected Information shall not result in the waiver of any
privilege or protection associated with such Protected Information as to the
receiving party, or any third parties, and shall not result in any waiver of protection,
including subject matter waiver, of any kind;
c. if any document or ESI (including, without limitation, metadata) received by a party
is on its face clearly subject to a legally recognizable privilege, immunity, or other
right not to produce such information, the Receiving Party will promptly notify the
Producing Entity in writing that it has discovered Protected Information, identify
the Protected Information by Bates Number range, and return or sequester such
Protected Information until the Producing Entity confirms whether it does indeed
assert any privilege protecting this information. Once the Producing Entity asserts
privilege over such Protected Information (as described in Subparagraph (e)
below), the Receiving Party will return, sequester, or destroy all copies of such
Protected Information, along with any notes, abstracts or compilations of the
content thereof, within ten (10) business days of notice from the Producing Entity;
d. upon the request of the Producing Entity, the Receiving Party will promptly
disclose the names of any individuals who have read or have had access to the
Protected Information;
e. if the Producing Entity intends to assert a claim of privilege or other protection over
Protected Information identified by the receiving party, the Producing Entity will,
within ten (10) business days of receiving the Receiving Party’s written
notification, inform the Receiving Party of such intention in writing and shall
provide the Receiving Party with a log for such Protected Information that is
consistent with the requirements of the Federal Rules of Civil Procedure, setting
forth the basis for the claim of privilege, immunity or basis for non-disclosure, and
in the event, if any portion of the Protected Information does not contain privileged
or protected information, the Producing Entity shall also provide to the Receiving
Party a redacted copy of the Protected Information that omits the information that
the Producing Entity believes is subject to a claim of privilege, immunity or other
protection;
f. if, during the course of the litigation, a party determines it has produced Protected
Information, the Producing Entity may notify the Receiving Party of such
production in writing. The Producing Entity’s written notice must identify the
Protected Information by Bates Number range, the privilege or protection claimed,
and the basis for the assertion of the privilege and shall provide the receiving party
with a log for such Protected Information that is consistent with the requirements
of the Federal Rules of Civil Procedure, setting forth the basis for the claim of
privilege, immunity or basis for non-disclosure, and in the event any portion of the
Protected Information does not contain privileged or protected information, the
Producing Entity shall also provide to the receiving party a redacted copy of the
Protected Information that omits the information that the Producing Entity believes
is subject to a claim of privilege, immunity or other protection. The Producing
Entity must also demand the return of the Protected Information. After receiving
such written notification, the Receiving Party must, within ten (10) business days
of receiving the written notification, return, sequester, or destroy the specified
Protected Information and any copies, along with any notes, abstracts or
compilations of the content thereof;
g. a Receiving Party’s return, sequestration, or destruction of such Protected
Information as provided in the Subparagraphs above will not act as a waiver of the
Receiving Party’s right to move for the production of the returned, sequestered, or
destroyed Protected Information on grounds that the Protected Information is not
in fact subject to a viable claim of privilege or other protection. However, the
Receiving Party is prohibited and estopped from arguing that the Producing
Entity’s production of the Protected Information in this matter acts as a waiver of
applicable privileges or protections, that the disclosure of the Protected Information
by the Producing Entity was not inadvertent, that the Producing Entity did not take
reasonable steps to prevent the disclosure of the Protected Information, or that the
Producing Entity did not take reasonable steps to rectify such disclosure; and
h. nothing contained herein is intended to or shall limit a Producing Entity’s right to
conduct a review of documents or ESI (including, without limitation, metadata), for
relevance, responsiveness, and/or the segregation of privileged and/or protected
information before such information is produced to the Receiving Party;
i. prior to production to another party, all copies, electronic images, duplicates,
extracts, summaries, or descriptions (collectively “copies”) of documents marked
with a Confidentiality Designation under this Order, or in any individual portion of
such a document, shall be affixed with the same Confidentiality Designation if it
does not already appear on the copy. All such copies shall thereafter be entitled to
the protection of this Order. The term “copies” shall not include indices, electronic
databases, or lists of documents provided these indices, electronic databases, or lists
do not contain substantial portions or images of the text of confidential documents
or otherwise disclose the substance of the confidential information contained in
those documents.
8. Filing Materials Containing Information with a Confidentiality Designation.
In the event a party seeks to file with the Court any confidential information subject to protection
under this Order, that party must take appropriate action to ensure that the document receives
proper protection from public disclosure, including: (a) filing a redacted document with the
consent of the party who designated the document as confidential; (b) where appropriate (e.g., in
relation to discovery and evidentiary motions), submitting the document solely for in camera
review; or (c) when the preceding measures are inadequate, seeking permission to file the
document under seal by filing a motion for leave to file under seal.
This Order does not authorize filing protected materials under seal. No document may be
filed with the Court under seal without prior permission as to each such filing. Any motion to file
a document subject to this Order under seal must meet the Sixth Circuit’s standard set forth in
Shane Group, Inc. v. Blue Cross Blue Shield of Michigan, 825 F.3d 299 (6th Cir. 2016). The burden
of demonstrating the need for and appropriateness of a sealing order is borne by the moving party,
and requires the moving party to analyze in detail, document by document, the propriety of secrecy,
providing reasons and legal citations. Regardless of whether the parties agree, it remains the
Court’s independent obligation to determine whether a seal is appropriate for any given document
or portion thereof. Any proposed sealing, even when compelling reasons exist, must be narrowly
tailored to serve the compelling reasons.
When a party to this Order seeks to file documents which it believes may warrant sealing,
but is not the party who may be prejudiced by the document or documents becoming part of the
public record, the filing party shall provide the potentially-prejudiced party or parties, or any
potentially-prejudiced third party or parties, with written notification of its intent to file such
documents at least (14) fourteen days before doing so. After being provided such notice, the
potentially harmed party or parties will then have (7) seven days to file with the Court a motion
for sealing. The Court will rule on the motion as promptly as possible.
9. Attorneys Allowed to Provide Advice. Nothing in this Order shall bar or
otherwise restrict any attorney for any party from rendering advice to his or her client with respect
to this case or from doing anything necessary to prosecute or defend this case and furthering the
interests of his or her client, except for the disclosure of the Confidential Information as proscribed
in this Order.
10. Excluding Others from Access. Whenever information bearing a Confidentiality
Designation pursuant to this Protective Order is to be discussed at a deposition, the person or entity
that designated the information may exclude from the room any person, other than persons
designated in Paragraph 6 of this Order, as appropriate, for that portion of the deposition.
11. No Voluntary Disclosure to Other Entities. The parties or anyone acting on their
behalf may not voluntarily disclose any Confidential Information to any state or federal law
enforcement or regulatory agency, or any employee thereof, except in this litigation as set forth in
Paragraph 6 of this Order or as otherwise commanded by law or provided in this Order. Nothing
in this Order shall prevent a party from providing information in its possession in response to a
valid order or subpoena from a law enforcement or regulatory agency requiring the production of
such information, except that, prior to such production, the party producing the information shall
provide as much advance notice as possible to the person or entity that designated the material as
confidential to facilitate that party’s efforts to preserve the confidentiality of the material, if
warranted.
12. Disputes as to Designations. Each party has the right to dispute the Confidentiality
Designation asserted by any other party or subpoenaed person or entity in accordance with this
Protective Order. If a party believes that any documents or materials have been inappropriately
designated by another party or subpoenaed party, that party shall confer with counsel for the person
or entity that designated the documents or materials. As part of that conferral, the designating
person or entity must assess whether redaction is a viable alternative to complete non-disclosure.
If any party challenges the Confidentiality Designation of any document or information, the burden
to properly maintain the designation shall, at all times, remain with the person or entity that made
the designation to show that said document or information should remain protected pursuant to
Federal Civil Rule 26(c). In the event of disagreement, then the designating person or entity shall
file a motion pursuant to Federal Civil Rule 26(c). A party who disagrees with the designation
must nevertheless abide by that designation until the matter is resolved by agreement of the parties
or by order of the Court.
13. Information Security Protections. Any person in possession of Confidential
Information received from another person or entity in connection with this Action shall maintain
an information security program that includes reasonable administrative, technical, and physical
safeguards designed to protect the security and confidentiality of such Confidential Information,
protect against any reasonably anticipated threats or hazards to the security of such Confidential
Information, and protect against unauthorized access to or use of such Confidential Information.
If a Receiving Party discovers a breach of security, including any actual or suspected
unauthorized access, to Confidential Information subject to this Order, they shall: (1) notify the
person or entity who designated the materials under the terms of this Order of such breach;
(2) investigate and take reasonable efforts to remediate the effects of the breach; and (3) provide
sufficient information about the breach that the Producing Entity can reasonably ascertain the size
and scope of the breach. The Receiving Party agrees to cooperate with the Producing Entity or law
enforcement in investigating any such security incident. In any event, the Receiving Party shall
promptly take all necessary and appropriate corrective action to terminate the unauthorized access.
14. All Trials Open to Public. All trials, and certain pretrial proceedings and hearings,
are open to the publ-ic- (collectively a “Public Hearing” or “Public Hearings”). Absent further order
of the Court, there will be no restrictions on any Party’s ability to the use during a Public Hearing
any document or information that has marked with a Confidentiality Designation or documents or
information derived therefrom that would disclose such confidential information. However, if a
party intends to present at a Public Hearing any document or information that has been so
designated, the party intending to present such document or information shall provide advance
notice to the person or entity that made the Confidentiality Designation at least (5) five days before
the Public Hearing by identifying the documents or information at issue as specifically as possible
(i.e., by Bates Number, page range, deposition transcript line, etc.) without divulging the actual
documents or information. Any person may then seek appropriate relief from the Court regarding
restrictions on the use of such documents or information at trial, or sealing of the courtroom, if
appropriate.
15. No Waiver of Right to Object. This Order does not limit the right of any party to
object to the scope of discovery in the above-captioned action.
16. No Determination of Admissibility. This Order does not constitute a
determination of the admissibility or evidentiary foundation for the documents or a waiver of any
party’s objections thereto.
17. No Admissions. Designation by either party of information or documents under the
terms of this Order, or failure to so designate, will not constitute an admission that information or
documents are or are not confidential or trade secrets. Neither party may introduce into evidence
in any proceeding between the parties, other than a motion to determine whether the Protective
Order covers the information or documents in dispute, the fact that the other party designated or
failed to designate information or documents under this Order.
18. No Prior Judicial Determination. This Order is based on the representations and
agreements of the parties and is entered for the purpose of facilitating discovery in this action.
Nothing in this Order shall be construed or presented as a judicial determination that any
documents or information as to which counsel or the parties made a Confidentiality Designation
is in fact subject 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.
19. Order Subject to Modification. This Order shall be subject to modification by the
Court on its own motion or on motion of a party or any other person with standing concerning the
subject matter.
20. Parties May Consent to Disclosure. Nothing shall prevent disclosure beyond the
terms of this Order if all parties consent to such disclosure, or if the Court, after notice to all
affected parties, permits such disclosure. Specifically, if and to the extent any party wishes to
disclose any Confidential Information beyond the terms of this Order, that party shall provide all
other parties with reasonable notice in writing of its request to so disclose the materials. If the
parties cannot resolve their disagreement with respect to the disclosure of any Confidential
Information, then a party may petition the Court for a determination of these issues. In addition,
any interested member of the public may also challenge the designation of any material as
confidential, pursuant to the terms of this paragraph.
21. Return of Materials Upon Termination of Litigation. Upon the written request
and expense of the Producing Entity, within 30 days after the entry of a final judgment no longer
subject to appeal on the merits of this case, or the execution of any agreement between the parties
to resolve amicably and settle this case, the parties and any person authorized by this Protective
Order to receive confidential information shall return to the Producing Entity, or destroy, all
information and documents subject to this Protective Order, unless the specific document or
information has been offered into evidence or filed without restriction as to disclosure. The party
requesting the return of materials shall pay the reasonable costs of responding to its request. The
party returning or destroying the documents or other information shall certify that it has not
maintained any copies of confidential information, except as permitted by this Order.
22. Counsel Allowed to Retain Copy of Filings. Nothing in this Protective Order shall
prevent outside counsel for a party from maintaining in its files a copy of any filings in the Action,
including any such filings that incorporate or attach Confidential Information. Moreover, an
attorney may use his or her work product in subsequent litigation provided that such use does not
disclose any Confidential Information.
23. Post-Termination Jurisdiction. After termination of this action, the United States
District Court for the Southern District of Ohio will continue to have jurisdiction to enforce this
Order.
SO ORDERED.
Dated: 1/20/2022 Honan Ke Kitheow
US. District Judge/U.S. Magistrate □□□□
AGREED TO:
Lloyd Pierre-Louis /s/ Michael L. Gay
Lloyd Pierre-Louis (0068086), Trial Counsel Michael L. Gay
Dickinson Wright PLLC CORS & BASSETT, LLC
150 E. Gay Street, Suite 2400 PNC Center
Columbus, OH 43215 201 East Fifth Street, Suite 900
(614) 591-5490, T Cincinnati, OH 45202
(844) 670-6009, F Phone: (513) 852-8203
Lpierre-louis @ dickinsonwright.com Fax: (513) 852-8222
mlg @corsbassett.com
-and- ATTORNEYS FOR DEFENDANT
16
Randall J. Clement, Esq.
Pro Hac Vice Admission
California State Bar No. 193443
CLEMENT AND HO, APLC
201 W. Whiting Avenue
Fullerton, California 92832
Telephone: (714) 882-5794
Facsimile: (714) 882-5795
randy@clementandholaw.com
ATTORNEYS FOR PLAINTIFF
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION
JUUL Labs, Inc., :
:
Plaintiff, : Case No. 1:21-cv-490
:
v. : Judge Michael R. Barrett
:
Ismail Sharida, et al. : Magistrate Judge Karen L. Litkovitz
:
Defendants. :
:
FORM PROTECTIVE ORDER
ATTACHMENT A
The undersigned hereby acknowledges that [he/she] has read the Protective Order dated
[INSERT DATE OF OPERATIVE PROTECTIVE ORDER] 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 Southern District
of Ohio in matters relating to the Protective Order and understands that the terms of the Protective
Order obligate [him/her] to use documents designated “CONFIDENTIAL – SUBJECT TO
PROTECTIVE ORDER” or “CONFIDENTIAL – ATTORNEYS’ EYES ONLY – SUBJECT TO
PROTECTIVE ORDER” in accordance with the Order, solely for the purpose of the above-
captioned action, and not to disclose any such documents or information derived directly therefrom
to any other person, firm, or concern. The undersigned agrees to return, on request, all materials
containing confidential information, copies thereof, and notes prepared relating thereto.
The undersigned acknowledges that violation of the Protective Order may result in
penalties for contempt of court.
Name:
Job Title:
Employer:
Business Address:
Date:
Signature