The opinion
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
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WILMINGTON TRUST, NATIONAL : Case No. 1:25-cv-07662
ASSOCIATION, AS TRUSTEE FOR THE :
REGISTERED HOLDERS OF BANC OF AMERICA :
MERRILL LYNCH COMMERCIAL MORTGAGE :
INC., MULTIFAMILY MORTGAGE PASS- :
THROUGH CERTIFICATES, SERIES 2021-KF116, :
:
Plaintiff, :
:
vs. :
:
KINGSBRIDGE REALTY ASSOCIATES LLC, :
KINGSBRIDGE REALTY II LLC, OLINVILLE :
REALTY LLC, OLINVILLE REALTY II LLC, :
UNDERHILL REALTY LLC, JOEL WIENER, and :
“JOHN DOE” NOS. 1-25, :
:
Defendants. :
:
The Names of the “John Doe” Defendants Being :
Fictitious and Unknown to Plaintiff, the Persons and :
Entities Intended Being Those Who Have Possessory :
Liens or Other Interests in, the Premises Herein
Described.
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CONFIDENTIALITY STIPULATION AND PROTECTIVE ORDER
Pursuant to Rule 26(c) of the Federal Rules of Civil Procedure AND Rule 502 of the
Federal Rules of Evidence, IT IS HEREBY STIPULATED AND AGREED, by and among
Plaintiff Wilmington Trust, National Association, as Trustee for the Registered Holders of Banc
of America Merrill Lynch Commercial Mortgage Inc., Multifamily Mortgage Pass-Through
Certificates, Series 2021-KF116 (“Plaintiff”) and Defendants Kingsbridge Realty Associates LLC,
Kingsbridge Realty II LLC, Olinville Realty LLC, Olinville Realty II LLC, Underhill Realty LLC,
and Joel Wiener (collectively, “Defendants”; and together with Plaintiff, the “Parties”, each a
“Party”), by and through their undersigned counsel:
1. The provisions of this Confidentiality Stipulation and Protective Order
(“Confidentiality Order”) shall govern the production and handling of all information, material,
and documents (in electronic form or otherwise) disclosed during the course of this action (the
“Action”) by Plaintiff or Defendants, or by any non-party, including in connection with any
subpoena issued to non-party, depositions, interrogatories, requests for admissions, production of
documents for inspection and copying, correspondence between the Parties, and submissions to
the Court (“Protected Material”).
2. As used herein:
a. “Producing Party” shall mean any Party or any non-party producing
Protected Material.
b. “Receiving Party” shall mean any Party or any non-party receiving
Protected Material.
3. Designation of Information as CONFIDENTIAL. Any Party or non-party may
designate as “CONFIDENTIAL” any Protected Material that the Producing Party (or its counsel)
reasonably and in good faith believes to be confidential, including, but not limited to, the following
documents and tangible things produced or otherwise exchanged: personal information; medical
records; information implicating an individual’s legitimate expectation of privacy; trade secrets;
taxes or other financial records; accounting or financial statements (not including publicly
available statements); commercial, financing, pricing, budgeting, revenue, profit, or accounting
information; information about existing and potential customers; marketing studies and projects;
business strategies, decisions, or negotiations, compensation, evaluations, and employment
information; proprietary information about affiliates, parents, subsidiaries, and third-parties with
whom the parties have or have had business relationships; any other financial, commercial,
proprietary, or other business information that is non-public and sensitive in nature; sensitive
and/or confidential consumer information; or any other information whose disclosure could cause
an invasion of privacy or competitive business harm.
4. Designation of Information as CONFIDENTIAL—ATTORNEY’S EYES ONLY.
A Party may designate as “CONFIDENTIAL—ATTORNEY’S EYES ONLY” any Protected
Material that the Producing Party (or its counsel) reasonably and in good faith believes to contain
highly sensitive and/or proprietary information, including but not limited to documents or
information reflecting, containing, or derived from current confidential trade secrets, research,
development, pricing, production, cost, marketing, or customer information, the disclosure of
which, even limited to the restrictions placed on the information designated as
“CONFIDENTIAL,” could compromise and/or jeopardize the Producing Party’s competitive
business interests and thus warrants extraordinary protections.
5. The protections conferred by this Confidentiality Order cover not only Protected
Material, but also (a) any information copied or extracted from the Protected Material; (b) all
copies, excerpts, summaries, or compilations of the Protected Material; and (c) any testimony,
conversations, submissions, or presentations by the Parties or their counsel that might reveal
Protected Material. Notwithstanding the foregoing, the protections conferred by this
Confidentiality Order do not cover information that is already in the public domain or becomes
part of the public domain through trial or otherwise.
6. Manner of Designation. The designation of Protected Material as
“CONFIDENTIAL” or “CONFIDENTIAL—ATTORNEY’S EYES ONLY” for the purposes of
this Confidentiality Order shall be made in the following manner:
a. in the case of deposition or other pretrial testimony, the Producing Party
shall either (i) make a statement on the record at the time of the disclosure;
or (ii) within 30 days of receiving a final deposition transcript, send a
written notice to counsel for all parties to this litigation identifying the
portions of the testimony to which the designation applies; and in both of
the foregoing instances, the Producing Party shall direct the court reporter
to affix the legend reflecting the appropriate designation to the first page
and all designated portions of the transcript, including all copies thereof; if
a party indicates at a deposition that the confidential information has been
disclosed in the deposition, the transcript in its entirety shall be treated as
confidential information for 30 days following receipt of the final
deposition transcript. All persons and parties in possession of a copy of a
designated deposition transcript shall appropriately mark it as containing
confidential information.
b. in the case of interrogatory responses, the Producing Party shall (i) state in
the main body of responses to the extent that the interrogatory at issue
requests information pertaining to Protected Material; (ii) set forth the
response to the interrogatory at issue in an addendum attached to the main
body of responses; and (iii) affix the legend reflecting the appropriate
designation to each page of that addendum;
c. in the case of Protected Material produced on CD, DVD or other electronic
storage medium, the Producing Party shall affix the legend reflecting the
appropriate designation to such electronic storage medium and each page or
unit of material; or
d. in the case of Protected Material produced in hard copy, the Producing Party
shall affix the legend reflecting the appropriate designation to each page so
designated.
e. in the case of Protected Material contained in submissions to the Court or
in correspondence between the Parties, the Producing Party shall affix the
legend reflecting the appropriate designation to each page so designated
and/or clearly indicate by use of the legend any Protected Material quoted
or referenced.
7. Protected Material, information derived therefrom, or any other documents or
materials reflecting or disclosing any Protected Material may only be used in this litigation and
shall not be used for any other purpose.
8. Disclosure of Protected Material Designated “CONFIDENTIAL”. Protected
Material designated “CONFIDENTIAL,” including any copies, notes, abstracts or summaries
thereof, shall be maintained in confidence by the Parties and shall not be disclosed to any other
person, except:
a. the Court and Court personnel, as appropriate;
b. witnesses, deponents or persons whom a Party’s counsel believes in good
faith may be deponents or trial fact witnesses, and their counsel;
c. each Party and its employees, officers, directors, representatives, members,
and affiliates; provided that, such persons are assisting the Party with, or
otherwise involved in, this Action;
d. each person identified in the Protected Material as an author or recipient
(including by copy) thereof in whole or in part, or person to whom counsel
reasonably and in good faith believe that the original or a copy of such
Protected Material was sent or otherwise made available prior to this
Action;
e. Court reporters or videographers, professional jury or trial consultants,
mock jurors, and professional vendors, employed in connection with this
Action to whom disclosure is reasonably necessary for purposes of this
Action and who have signed the “Acknowledgment and Agreement to be
Bound” (Exhibit A);
f. counsel for the Parties and counsel for any non-party that is a Producing
Party or a Receiving Party, including in-house and outside counsel, legal
assistants and other staff;
g. any mediator(s) or settlement officer, and their supporting personnel,
mutually agreed upon by any of the Parties engaged in settlement
discussions;
h. experts, including necessary staff, retained by a Party or its counsel in
connection with this Action to whom disclosure is reasonably necessary for
purposes of this Action and who have signed the “Acknowledgment and
Agreement to be Bound” (Exhibit A); and
i. any other person only upon order of the Court or with the written consent
of the Producing Party.
9. Every person given access to Protected Material designated “CONFIDENTIAL,”
information derived therefrom, or any other documents or materials reflecting or disclosing such
material, shall be advised that it is being disclosed pursuant and subject to the terms of this
Confidentiality Order and may not be disclosed by any person other than pursuant to the terms
hereof. All persons listed in Paragraph 8, subsections (b), (e), or (g)-(i) to whom a Party provides
access to Protected Material designated “CONFIDENTIAL,” information derived therefrom, or
any other documents or materials reflecting or disclosing any such material, shall execute a copy
of the certification attached hereto as Exhibit A before such access is provided and be advised that
he or she will be subject to the Confidentiality Order.
10. Disclosure of Protected Material Designated “CONFIDENTIAL—ATTORNEY’S
EYES ONLY”. With respect to Protected Material designated “CONFIDENTIAL—
ATTORNEY’S EYES ONLY,” the documents and materials, and the information contained
therein, shall be kept confidential and shall not be communicated in any manner, either directly or
indirectly, to any person or entity other than a person or entity enumerated in Paragraph 8,
subsections (a), (d), (e), (f), (g), and (h), except with the express written consent of the Producing
Party. Accordingly, whenever any documents, information, or other materials designated as
“CONFIDENTIAL—ATTORNEY’S EYES ONLY” are to be discussed or disclosed in a
deposition, any Party claiming such confidentiality may exclude from the room any person who is
not entitled to receive documents, information, or other things designated as “CONFIDENTIAL—
ATTORNEYS EYES ONLY.” All persons listed in Paragraph 8, subsections (e), (g), or (h) to
whom a Party provides access to Protected Material designated “CONFIDENTIAL—
ATTORNEYS EYES ONLY,” information derived therefrom, or any other documents or
materials reflecting or disclosing any such material, shall execute a copy of the certification
attached hereto as Exhibit A before such access is provided and be advised that he or she will be
subject to the Confidentiality Order.
11. Artificial Intelligence (Generative AI). A Receiving Party shall not submit a
Producing Party’s Protected Material into any open generative artificial intelligence (“AI”) tool
that is available to the public. Protected Material may be submitted to a closed generative AI tool,
used within the Receiving Party’s firm or by a retained vendor, provided that the AI tool’s settings
(a) prevent the tool from learning the Protected Material or otherwise using such data to train or
improve models accessible to other customers or the public, or for any other purpose, (b) prevent
the tool from disclosing the Protected Material to any third party, including without limitation,
other developers or users of the tool, (c) allows for the deletion or destruction of any Protected
Material supplied to it or contained in responses generated by it, and (d) contractually and
expressly permits the Receiving Party, as a user, with the ability to remove or delete Protected
Information from such AI tool or platform upon request. The Receiving Party must take reasonable
steps to ensure such data and all Protected Material is not accessible to unauthorized persons and
is deleted or rendered inaccessible in the ordinary course of the tool’s data-retention practices after
the conclusion of the Action. In the event the Protected Information is provided to an AI tool that
cannot be set to prevent disclosure to third parties or to delete or otherwise destroy information
submitted to it or generated by it, it shall be considered disclosure to a third party under the terms
of this Confidentiality Order.
12. Filing of Protected Material. Protected Material designated “CONFIDENTIAL” or
“CONFIDENTIAL—ATTORNEY’S EYES ONLY,” shall, if filed with or presented to the Court,
be filed under seal in accordance with Rule 4 of the Court’s Individual Rules and Practices in Civil
Cases and the Local Rules of the Southern District of New York, unless otherwise ordered by the
Court. In the event that any Protected Material is used in any court proceeding in this Action or
any appeal therefrom, said Protected Material shall not lose its status as “CONFIDENTIAL” or
“CONFIDENTIAL—ATTORNEY’S EYES ONLY,” through such use.
13. Sealing Procedures. Documents may be redacted or filed under seal only as
provided by Rule 4 of the Court’s Individual Rules and Practices in Civil Cases:
Filing Sealed or Redacted Documents. Where a party seeks leave to
file a document under seal or in redacted form, the party shall file a
letter-motion seeking leave to do so on ECF in accordance with
Standing Order 19-MC-583 and Section 6 of the S.D.N.Y. ECF
Rules and Instructions. The letter-motion itself shall be filed in
public view, should explain the reasons for seeking to file the
document under seal or in redacted form, and should not include
confidential information. Any application to file a document under
seal or in redacted form must demonstrate that the standards for
sealing have been met and specifically address Lugosch v. Pyramid
Co. of Onondaga, 435 F.3d 110 (2d Cir. 2006) and any other
controlling authority. The movant also may file a memorandum of
law and an affidavit or affidavits in support of the request for sealing
or redacting. If approval for redactions is sought, the application
shall also include a proposed redacted version of the document in
question for public docketing.
When a party seeks leave to file a document under seal or in redacted
form on the ground that an opposing party or third party has
requested it, the opposing party or third party must file publicly on
ECF, within three business days, a letter explaining the need to seal
or redact the document.
In the event there are grounds for sealing or redacting that cannot be
publicly disclosed, a party may file under seal on ECF (with
appropriate level of restriction) additional briefing further
explaining those grounds, along with a justification for the sealing
of that briefing.
The subject document, in unredacted form, shall be
contemporaneously filed under seal on ECF (with the appropriate
level of restriction) and electronically related to the motion (or to the
relevant Court order if the Court previously granted leave to file the
document under seal). Note that the summary docket text, but not
the document itself, will be open to public inspection and therefore
should not include confidential information sought to be filed under
seal.
When a party seeks to file a document in redacted form, the party
also shall e-mail to Chambers
(CronanNYSDChambers@nysd.uscourts.gov) and to the
Courtroom Deputy, Meghan Henrich
(Meghan_Henrich@nysd.uscourts.gov) an unredacted copy of the
document highlighting the proposed redactions.
14. Challenging a Confidentiality Designation. Any Party may challenge, at any time,
the designation of Protected Material as “CONFIDENTIAL” or “CONFIDENTIAL—
ATTORNEY’S EYES ONLY” by providing written notice to the Party or non-party that
designated the Protected Material as “CONFIDENTIAL” or “CONFIDENTIAL—ATTORNEY’S
EYES ONLY” that the notifying Party does not concur with the designation. If the Party or non-
party that made the designation does not agree to declassify such document or material within 14
business days, any Party may move the Court for an order changing the classification of, or
declassifying, that Protected Material. During the pendency of such motion, such Protected
Material shall continue to be treated according to its designation. The Producing Party has the
burden to show good cause that the documents or materials require continuing protection according
to its designation.
15. Any person receiving Protected Material designated “CONFIDENTIAL” or
“CONFIDENTIAL—ATTORNEY’S EYES ONLY” shall exercise reasonable care to prevent any
disclosure of such Protected Material other than pursuant to the provisions of this Confidentiality
Order. The Producing Party’s rights and remedies with respect to any disclosure of Protected
Material in contravention of the provisions of this Confidentiality Order are hereby reserved.
16. Unauthorized Disclosure. Protected Material that is disclosed in contravention of
the provisions of this Confidentiality Order (through inadvertence or otherwise) shall continue to
be protected by the provisions hereof. Upon learning of the disclosure of Protected Material in
contravention of the provisions of this Confidentiality Order, the party that made the disclosure
shall promptly: (i) give written notice of the disclosure to the Producing Party, which notice shall
include a specific description of the improperly disclosed Protected Material; (ii) give written
notice to the recipient of the improperly disclosed Protected Material (the “Improper Recipient”);
(iii)provide the Improper Recipient with a copy of this Confidentiality Order and request that the
Improper Recipient return the Protected Material; (iv) request, in writing which may be via e-mail,
such person or persons to execute the “Acknowledgment and Agreement to Be Bound” that is
attached hereto as Exhibit A; (v) give written notice of the Improper Recipient’s response to the
Producing Party; (vi) make reasonable good faith efforts to retrieve the improperly disclosed
Protected Material and all copies thereof (including summaries, excerpts, notes and any other
information derived therefrom); and (vii) give written notice to the Producing Party of the result
of such efforts. The Producing Party’s rights and remedies with respect to any such improper
disclosure are hereby reserved.
17. Subpoena or Other Legal Process for Protected Material. If any Receiving Party
having received Protected Material designated “CONFIDENTIAL” or “CONFIDENTIAL—
ATTORNEY’S EYES ONLY”: (a) is subpoenaed in another action or proceeding, (b) is served
with a discovery demand in another action, or (c) is served with any other legal process by a non-
party to this litigation seeking Protected Material designated “CONFIDENTIAL” or
“CONFIDENTIAL—ATTORNEY’S EYES ONLY,” the Receiving Party shall, unless prohibited
by law, provide actual written notice, by hand, electronic mail or facsimile transmission, within
three (3) business days of receipt of such subpoena, demand, or legal process, to the Producing
Party’s counsel, who may seek a protective order precluding disclosure. Upon receiving written
notice, the Producing Party will have a reasonable opportunity to object to the disclosure, where
possible, at least ten (10) days before production or other disclosure of the Protected Material. In
no event shall production or disclosure be made before notice is given unless required by court
order. If the Producing Party makes a motion to quash or modify the subpoena or order, then the
Receiving Party shall comply with applicable law or the order of the court having jurisdiction over
such subpoena, order, or motion. If no such motion is made, despite notice and a reasonable
opportunity to object, the Receiving Party is entitled to comply with the subpoena or order.
18. Producing Party’s Treatment of Protected Material. This Confidentiality Order has
no effect upon, and shall not apply to, the Producing Party’s use of its own Protected Material for
any purpose, unless that Producing Party’s own Protected Material is also the Protected Material
of any other Party; provided, however, any Protected Material which was in the first instance
created by or collected for the benefit of the Producing Party shall not become Protected Material
of any other Party. Without derogating from the foregoing, nothing herein shall impose any
restrictions on the use or disclosure, by a Party, of any Protected Material that was obtained
lawfully by such Party independently of the discovery proceedings in this litigation. The burden
to establish that fact shall be on the Party asserting that the Protected Material was obtained
independently and not also the Protected Material of any other Party (other than in the case of
Protected Material which was in the first instance created by or collected for the benefit of the
Producing Party). In addition, documents previously filed as exhibits to any pleading or
declaration in this action shall not be Protected Material.
19. No Waiver. Nothing herein shall require the production of documents, things or
other information that any Party contends is protected from disclosure by the attorney-client
privilege, the work-product doctrine, or any other applicable privilege.
20. Notice of Inadvertent Disclosure. This Order is entered pursuant to Rule 502(d) of
the Federal Rules of Evidence. Inadvertent or unintentional disclosure of information subject to the
attorney-client privilege, work-product doctrine, bank examination privilege, bank secrecy act, or any
other applicable privilege or immunity (“Privileged Material”) shall not be deemed a waiver in whole
or in part of any previously mentioned privilege or other applicable immunity or doctrine, either as to
the specific information disclosed or as to the same or related subject matter. If a Party has produced
documents or information that it subsequently claims is Privileged Material, the receiving party (the
“Party Receiving Privileged Material”), upon written or oral request, shall promptly return it within
three (3) business days of its discovery of said inadvertent disclosure, including all copies, and
promptly destroy any notes concerning it. The Party Receiving Privileged Material may not refuse
to return the material. Upon receipt of the returned materials, the Producing Party promptly shall
provide a written good-faith explanation of the basis for the privilege claim or claim of immunity.
If the Party Receiving Privileged Material wants to challenge the claim of inadvertent or
unintentional production or the claim of privilege or immunity from disclosure, it must first return
the material, then confer and provide written notice to the Producing Party identifying with
particularity the reasons for the challenge. If the parties cannot resolve the dispute within fourteen
(14)business days, the Party Receiving Privileged Material may move the Court for an appropriate
order. The Designating Party bears the burden of establishing the privileged nature of any
inadvertently produced information or material. The disputed material shall be treated as privileged
until a ruling is issued on such motion or other resolution of the dispute. Notwithstanding the
foregoing, to the extent there is a dispute regarding the privileged status of Privileged Material,
the Privileged Material may be provided to the Court for in camera inspection. Under no
circumstances shall a Party Receiving Privileged Material have continued access to the Privileged
Material in question during the pendency of the motion, nor shall any Privileged Material be
included on the publicly available record prior to a determination by the Court that it is improperly
designated. This Order shall be interpreted to provide the maximum protection allowed by Federal
Rule of Evidence 502(d).
21. Reservation of Rights. This Confidentiality Order is entered into without prejudice
to the right of any Party or non-party to seek relief from, or modification of, this Confidentiality
Order or any provisions thereof by properly noticed motion to the Court or to challenge any
designations of confidentiality as inappropriate under applicable law.
22. Continuing Effect of Order. This Confidentiality Order shall continue to be binding
after the conclusion of the Action except (a) that there shall be no restriction on documents that
are used as exhibits in Court (unless such exhibits were filed under seal); and (b) that a Receiving
Party may seek the permission of the Producing Party or further order of this Court with respect to
dissolution or modification of this Confidentiality Order. The provisions of this Confidentiality
Order shall, absent prior written consent of the parties, continue to be binding after the conclusion
of this Action.
23. Return of Information. Within 60 days after receiving notice of the entry of an
order, judgment or decree finally disposing of this litigation, including all appeals, counsel of
record for the Parties shall secure the return of all Protected Material designated
“CONFIDENTIAL” or “CONFIDENTIAL—ATTORNEYS’ EYES ONLY” and all copies
thereof and notes, abstracts or summaries therefrom, including written confirmation to the
Producing Party that the Protected Material was deleted from any litigation support or other
database, from all persons to whom such materials were disclosed under the terms of this
Confidentiality Order, and shall return them to counsel for the Producing Party, except that counsel
may retain their work product, copies of Court filings and official transcripts and exhibits, provided
that the Protected Material contained therein will continue to be treated as provided herein.
Alternatively, a Receiving Party may certify to the Producing Party that all such information has
been destroyed.
24. Amendments. This Confidentiality Order may be altered or modified only by
written agreement among the Parties or by order of the Court upon motion by any Party. A Party
seeking to modify, extend or terminate this Confidentiality Order shall notify opposing counsel
and counsel shall meet and confer concerning the proposed modification, extension or termination
within ten (10) business days of any request for same. The Parties may modify, extend or terminate
this Confidentiality Order without leave of Court. However, if a party’s request is not agreed to
during the conference, or within any such extended period as agreed to by the Parties, the Party
seeking such modification, extension or termination shall within ten (10) business days of the
expiration of the meet and confer period, as extended if applicable, file a motion with the Court to
resolve the dispute.
25. Additional Protections. Any Party seeking different or additional protection other
than as provided herein shall promptly file a motion seeking such additional protection, if the
Parties cannot reach an agreement as to the different or additional protection sought, under the
same procedure provided for under Paragraph 24, above. Until such motion is resolved by the
Court, any Protected Material already produced for which a Party seeks different or additional
protection other than as provided herein shall be made available only to the Receiving Party or
attommeys, unless the Court permits otherwise.
26. Counterparts. This Confidentiality Order may be executed in counterparts which
together shall constitute one document. Any Defendant added by name to this case after the “so
ordering” of this Confidentiality Order shall be bound by it without having to execute it.
27. Discretion of the Court. The Parties acknowledge that the Court retains discretion
as to whether, in Orders or Opinions, to afford confidential treatment to information that the Parties
have redacted, sealed, or designated as confidential.
/s/ Aaron B. Lauchheimer /s/ Gary F. Eisenberg
Aaron B. Lauchheimer Gary F. Eisenberg
Latisha V. Thompson LaMarte Williams, Jr.
MORRISON COHEN LLP PERKINS COIE LLP
909 Third Avenue, 27th Floor 1155 Avenue of the Americas, 22nd Floor
New York, NY 10022 New York, NY 10036
Tel: (212) 735-8745 Tel: 212.262.6900
alauchheimer@morrisoncohen.com GEisenberg@perkinscoie.com
Ithompson@morrisoncohen.com LaMarteWilliams@perkinscoie.com
Attorneys for Defendants Kingsbridge Realty Attorneys for Plaintiff Wilmington Trust,
Associates LLC, Kingsbridge Realty IT LLC, National Association, as Trustee for the
Olinville Realty LLC, Olinville Realty IILLC, Registered Holders of Banc of America
Underhill Realty LLC, and Joel Wiener Merrill Lynch Commercial Mortgage Inc.,
Multifamily Mortgage Pass-Through
Certificates, Series 2021-KF 116
So Ordered:
Vl
HON. JOHN P. CRONAN
UNITED STATES DISTRICT JUDGE
Date: June 4, 2026
16
EXHIBIT A
ACKNOWLEDGEMENT AND AGREEMENT TO BE BOUND
I,_______________________________, as the ________________________, for
and on behalf of _____________________________, including its agents, employees,
representatives, contractors, principals, and owners that may receive access to Protected Material
declare under penalty of perjury that I have read in its entirety and understand the Stipulated
Protective Order (the “Protective Order”) that was issued by the U.S. District Court for the
Southern District of New York on _______________________, 20__, in Wilmington Trust
National Association v. Kingsbridge Realty Associates LLC, Case No. 1:25-cv-07662. I agree to
comply with and to be bound by all terms of this Protective Order and I understand and
acknowledge that failure to so comply could expose me to sanctions and punishment, including
without limitation, 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 the Protective Order.
I further agree to submit to the jurisdiction of the U.S. District Court for the
Southern District of New York for the purpose of enforcing the terms of this Stipulated Protective
Order, even if such enforcement proceedings occur after termination of this action.
Date: _________________________
City and state where sworn and signed: _______________________________
Printed name: _______________________________
Signature: _______________________________