Federal Court Discovery: A-Z

 

        

March 13, 2019  

6:00 p.m. – 8:30 p.m.    

Quinnipiack Club  

New Haven, CT         

CT Bar Institute, Inc.  

CT: 1.5 CT CLE Credit (General) NY: 1.5 NY CLE Credit (AOP)

             

No representation or warranty is made as to the accuracy of these materials. Readers should check primary sources where appropriate and use the traditional legal research techniques to make sure that the information has not been affected or changed by recent developments. Page 1 of 113

Lawyers’ Principles of Professionalism As a lawyer I must strive to make our system of justice work fairly and efficiently. In order to carry out that responsibility, not only will I comply with the letter and spirit of the disciplinary standards applicable to all lawyers, but I will also conduct myself in accordance with the following Principles of Professionalism when dealing with my client, opposing parties, their counsel, the courts and the general public.

Civility and courtesy are the hallmarks of professionalism and should not be equated with weakness; I will endeavor to be courteous and civil, both in oral and in written communications;

I will not knowingly make statements of fact or of law that are untrue;

I will agree to reasonable requests for extensions of time or for waiver of procedural formalities when the legitimate interests of my client will not be adversely affected;

I will refrain from causing unreasonable delays;

I will endeavor to consult with opposing counsel before scheduling depositions and meetings and before rescheduling hearings, and I will cooperate with opposing counsel when scheduling changes are requested;

When scheduled hearings or depositions have to be canceled, I will notify opposing counsel, and if appropriate, the court (or other tribunal) as early as possible;

Before dates for hearings or trials are set, or if that is not feasible, immediately after such dates have been set, I will attempt to verify the availability of key participants and witnesses so that I can promptly notify the court (or other tribunal) and opposing counsel of any likely problem in that regard;

I will refrain from utilizing litigation or any other course of conduct to harass the opposing party;

I will refrain from engaging in excessive and abusive discovery, and I will comply with all reasonable discovery requests;

In depositions and other proceedings, and in negotiations, I will conduct myself with dignity, avoid making groundless objections and refrain from engaging I acts of rudeness or disrespect;

I will not serve motions and pleadings on the other party or counsel at such time or in such manner as will unfairly limit the other party’s opportunity to respond;

In business transactions I will not quarrel over matters of form or style, but will concentrate on matters of substance and content;

I will be a vigorous and zealous advocate on behalf of my client, while recognizing, as an officer of the court, that excessive zeal may be detrimental to my client’s interests as well as to the proper functioning of our system of justice;

While I must consider my client’s decision concerning the objectives of the representation, I nevertheless will counsel my client that a willingness to initiate or engage in settlement discussions is consistent with zealous and effective representation;

Where consistent with my client's interests, I will communicate with opposing counsel in an effort to avoid litigation and to resolve litigation that has actually commenced;

I will withdraw voluntarily claims or defense when it becomes apparent that they do not have merit or are superfluous;

I will not file frivolous motions;

I will make every effort to agree with other counsel, as early as possible, on a voluntary exchange of information and on a plan for discovery;

I will attempt to resolve, by agreement, my objections to matters contained in my opponent's pleadings and discovery requests;

In civil matters, I will stipulate to facts as to which there is no genuine dispute;

I will endeavor to be punctual in attending court hearings, conferences, meetings and depositions;

I will at all times be candid with the court and its personnel;

I will remember that, in addition to commitment to my client's cause, my responsibilities as a lawyer include a devotion to the public good;

I will endeavor to keep myself current in the areas in which I practice and when necessary, will associate with, or refer my client to, counsel knowledgeable in another field of practice;

I will be mindful of the fact that, as a member of a self-regulating profession, it is incumbent on me to report violations by fellow lawyers as required by the Rules of Professional Conduct;

I will be mindful of the need to protect the image of the legal profession in the eyes of the public and will be so guided when considering methods and content of advertising;

I will be mindful that the law is a learned profession and that among its desirable goals are devotion to public service, improvement of administration of justice, and the contribution of uncompensated time and civic influence on behalf of those persons who cannot afford adequate legal assistance;

I will endeavor to ensure that all persons, regardless of race, age, gender, disability, national origin, religion, sexual orientation, color, or creed receive fair and equal treatment under the law, and will always conduct myself in such a way as to promote equality and justice for all.

It is understood that nothing in these Principles shall be deemed to supersede, supplement or in any way amend the Rules of Professional Conduct, alter existing standards of conduct against which lawyer conduct might be judged or become a basis for the imposition of civil liability of any kind.

--Adopted by the Connecticut Bar Association House of Delegates on June 6, 1994

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Federal Court Discovery: A to Z Timed Outline

I. Know the Ground Rules 6:30 – 6:40 (Brian)

a. FRCP b. Local Rules c. Standing Orders of the Court d. Judge-Specific Orders and Chambers’ Practices

II. What Governs Discovery 6:40 – 6:45 Brian) a. FRCP 1

i. Rules should be construed, administered and employed by the court and the parties to secure the just, speedy and inexpensive determination of every action and proceeding.

b. Scope of Discovery (FRCP 26) i. Proportionality

III. 26(F) Report – Road Map for the Case 6:45 – 6:55 (Brian) a. Proposed discovery plan b. Undersigned counsel (after consultation with their clients) certify that they

hey have discussed....preservation of ESI, …volume, organization and costs of retrieval….procedures that minimize the risk of waiver of privilege

i. What does that mean from defense perspective? Plaintiff? IV. Written Discovery from Parties 6:55 – 7:10 (Claire and Josh)

a. Mandatory Initial Disclosures – FRCP 26(a) (Josh) i. Timing/Scope/What Happens if You Ignore it

b. Interrogatories – FRCP 33 (Josh) i. Limits on numbers (including sub-parts) ii. Timing – 26(f) report iii. Contention interrogatories iv. Answers and objections

c. Document Requests - FRCP 34 (Josh) i. ESI – search terms, load files, etc. ii. Priv. Log. 26(e) iii. Answers and objections

1. General objections 2. Whether you are holding stuff back

d. Initial Discovery Protocols (Employment Cases) (Claire) i. What are they? ii. How to comply with them iii. Can you object to them?

e. Requests to Admit – FRCP 36 (Claire) i. Matters admitted unless file answer or objection within 30 days

f. Compliance (Claire) i. Good Faith Efforts – What does that Mean? ii. When can you call Chambers? Write a letter? Make a motion?

g. Motion for Protective Order to Bar or Limit Discovery (Claire) i. Grounds

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ii. When/how file iii. How different from the - Standing Protective Orders – (i.e.,

Confidentiality Designations to facilitate discovery) 1. What are they? 2. What if you don’t agree? 3. Word of caution - just because it is “confidential” doesn’t

mean it can be filed under seal V. Depositions 7:10 – 7:30 (Claire)

a. When can you notice them? b. Fights over location c. When are remote depositions okay d. Who pays for what? e. 7 hour rule f. 30(b)(6) – could be its own program, but basics: Must provide sufficiently

clear subjects of examination and then the burden on corporation to identify appropriate deponents

VI. Discovery from Non-Parties (FRCP 45) 7:30 – 7:45 (Brian) a. Subpoena b. Timing? c. Motion to quash

VII. PJRs and Asset Discovery 7:45 – 8:00 (Josh) a. Sufficient to satisfy the amount of the PJR

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Faculty Biographies 

Hon. Sarah A. L. Merriam

Sarah A. L. Merriam moved to New Haven at an early age and is proud to call the Elm City her hometown. She received a Bachelor of Arts degree, cum laude, from Georgetown University in 1993. She began her legal education at the University of Connecticut School of Law, then transferred to Yale Law School after her first year and received a Juris Doctor from Yale in 2000. In May 2018, Judge Merriam received her LLM in Judicial Studies from Duke Law School.

Judge Merriam served as an Assistant Federal Defender in the District of Connecticut from 2007 through 2015, representing indigent criminal defendants and witnesses in federal court in all aspects of those cases, including appeals. Prior to becoming an Assistant Federal Defender, she served as an Associate at the law firm of Cowdery, Ecker & Murphy in Hartford; as a law clerk to Judge Thomas Meskill of the Second Circuit Court of Appeals; and as a law clerk to Judge Alvin W. Thompson of the United States District Court for the District of Connecticut. She was sworn in as a United States Magistrate Judge on April 3, 2015.

Joshua R. Goodbaum, Garrison Levin-Epstein Fitzgerald & Pirrotti PC

Joshua Goodbaum is a partner at Garrison, Levin-Epstein, Fitzgerald & Pirrotti, P.C., in New Haven, where he represents individuals in employment and civil rights matters. He has been recognized by Best Lawyers and SuperLawyers and is rated AV Preeminent by Martindale-Hubbell.

Josh is an elected member of the Connecticut Bar Association House of Delegates and Immediate Past Chair of the Bar Association’s 650-member Labor & Employment Law Section. He has written and spoken widely on a variety of topics related to employment law. In addition to his work representing employees, Josh also enjoys assisting his fellow lawyers with appeals and other complex legal writing projects, regardless of the subject matter.

A magna cum laude graduate of both Yale University and Harvard Law School, where he was Supervising Editor of the Harvard Law Review, Josh served as a judicial clerk to now-Associate Justice Neil M. Gorsuch of the U.S. Supreme Court, when Justice Gorsuch was a Judge on the U.S. Court of Appeals for the Tenth Circuit.

Claire M. Howard, Madsen Prestley & Parenteau LLC

Claire Howard is an associate at Madsen Prestley & Parenteau LLC, a Plaintiff’s side employment litigation firm in Hartford, CT. She handles a wide span of employment disputes, ranging from tenure denial, whistleblower claims, Title VII discrimination claims, retaliation, defamation, class action suits, trade secret misappropriation, and contractual disputes. She is experienced in the phases of litigation from the commencement of the case through the motion for summary judgment, and regularly appears in state and federal courts as well as the Connecticut Commission on Human Rights and Opportunities.

Claire graduated from Yale University with a Bachelors of Arts degree in Political Science. She received a Masters in Public Policy and Management from Carnegie Mellon and returned back to Connecticut where she spent several years working for non-profit organizations as a policy analyst. She received her Juris Doctor degree in 2013 from the University of Connecticut School of Law.

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She is a member of the Yale Club of Hartford, Connecticut Employment Lawyers Association and the Oliver Ellsworth Inn of Court. Claire is also a CBA Presidential Fellows and is a member of the CT Bar Association’s Young Lawyers Section (“YLS”) Executive Committee where she serves as a co-chair of the Federal Practice Committee and is the American Bar Association Representative for District #2, which includes Rhode Island and Connecticut.

Brian E. Tims, Halloran Sage LLP

Brian Tims is, first and foremost, a dedicated advocate for his clients. Further, he is a litigator with the mind of a risk manager. With the benefit of a risk management background, he partners with each and every client to identify and manage the risks of litigation with the goal of securing a favorable and sensible resolution. In doing so, Brian fashions strategies that are tailored not only to the matter at hand, but also to his clients’ specific objectives, of which he never loses sight. To that end, Brian listens carefully, asks the right questions, and then recommends the best path forward for each individual client.

Partnering with his clients, Brian diligently navigates them through a diverse array of matters, including the areas of employment law, professional liability, product liability, premises liability, automobile liability, workers’ compensation, and commercial litigation, including disputes among members of closely held businesses. In addition, Brian defends individuals and companies in criminal and motor vehicle matters.

In recognition of his legal capabilities and client advocacy, Brian has been named by Connecticut Super Lawyers® as a “Rising Star” since 2013, an honor bestowed upon only 2.5% of attorneys. He was also selected for inclusion in the Connecticut Law Tribune’s “New Leaders in the Law” Class of 2016. A panel of peers from the Connecticut legal community deemed Brian to be a “New Leader” for his efforts in four areas: development of the law, advocacy/community contributions, service to the bar and peer/public recognition.

Kristen L. Zaehringer, Murtha Cullina

As a partner in Murtha Cullina’s Litigation Department, Kristen represents clients in the areas of commercial litigation, professional malpractice, and employment law. Kristen’s litigation experience includes representing individual and corporate clients in cases involving claims of breach of contract, consumer fraud, unfair trade practices, violation of federal and state credit reporting laws, violation of the Fair Debt Collection Practices Act, professional negligence, business torts, employment discrimination, wrongful termination, violation of wage and hour law, and violation of non-competition and confidentiality agreements. Kristen also drafts and provides advice on employment contracts, restrictive covenants, severance agreements, and the implementation of employment manuals, policies and procedures.

Kristen serves on the Federal Grievance Committee for the District of Connecticut and is the co-chair of the Connecticut Bar Association’s Federal Practice Section.

Prior to joining Murtha Cullina, Kristen served as a law clerk to the Honorable Dominic J. Squatrito, United States District Judge for the District of Connecticut.

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UNITED STATES DISTRICT COURT

DISTRICT OF CONNECTICUT

LOCAL RULES OF CIVIL PROCEDURE

LOCAL RULES FOR MAGISTRATE JUDGES

LOCAL RULES OF CRIMINAL PROCEDURE

Amended December 1, 2009*

*If a Rule was amended after December 2009, the date of amendment is located on the page of the Rule.

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RULE 16

STATUS AND SETTLEMENT CONFERENCES AND ADR

(Amended November 7, 2016)

(a) Status Conferences

Pursuant to Fed.R.Civ.P. 16 and 26(f) and Local Rule 53, one or more status conferencesmay be scheduled before a Judge or a parajudicial officer or special master designated by thepresiding Judge. Status conferences may be held in person or by telephone.

(b) Scheduling Orders

Within the time provided by Fed.R.Civ.P. 16, and after considering any proposed casemanagement plan submitted by the parties under Fed.R.Civ.P. 26(f) and Local Rule 26(f), theCourt shall enter a scheduling order that limits the time:

1. to join other parties and to amend the pleadings;2. to complete discovery;3. to file dispositive motions; and4. to file a joint trial memorandum.

The scheduling order may include a date by which the case will be deemed ready for trialand may also include dates for further status conferences, settlement conferences and othermatters appropriate in the circumstances of the particular case. The scheduling order mayinclude provisions for (a) disclosure or discovery of electronically stored information and (b) anyagreed provisions for assertion of privilege over or protection of trial-preparation material, afterproduction.

The schedule established by the Court for completing discovery, filing dispositive motionsand filing a joint trial memorandum shall not be modified except by further order of the Court ona showing of good cause. The good cause standard requires a particularized showing that theschedule cannot reasonably be met, despite the diligence of the party seeking the modification,for reasons that were not reasonably foreseeable when the parties submitted their proposedcase management plan. A trial ready date will not be postponed at the request of a party exceptto prevent manifest injustice.

This Rule does not require the entry of such a tailored scheduling order in the followingcategories of cases: self-represented prisoner cases; habeas corpus proceedings; appeals fromdecisions of administrative agencies, including social security disability appeals; recovery ofdefaulted student loans, recovery of overpayment of veterans' benefits, forfeiture actions,petitions to quash Internal Revenue Service summons, appeals from Bankruptcy Court orders,proceedings to compel arbitration or to confirm or set aside arbitration awards and Freedom ofInformation Act cases.

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(c) Settlement Conferences

1. In accordance with Fed.R.Civ.P. 16, one or more conferences may be held for thepurpose of discussing possibilities for settlement of the case. Parties have a duty to discuss thepossibility of settlement during the planning conference required by Fed.R.Civ.P. 26(f) and LocalRule 16 and may request that an early settlement conference be conducted before the partiesundertake significant discovery or motion practice.

2. In a case that will be tried to a jury, such conferences shall be held with the presidingJudge, a Magistrate Judge, or a parajudicial officer or special master designated by thepresiding Judge. Absent consent of the parties, in a case that will be tried to the Court, suchconferences shall be held with a Judge other than the one to whom it has been assigned, aMagistrate Judge, or parajudicial officer or special master designated by the presiding Judge.

3. Parties and/or their representatives shall attend any settlement conference fullyauthorized to make a final demand or offer, to engage in settlement negotiations in good faith,and to act promptly on any proposed settlement. The judicial officer, parajudicial officer, orspecial master before whom a settlement conference is to be held may require that counsel beaccompanied by the person or persons authorized and competent to accept or reject anysettlement proposal.

(d) Pretrial Order

The Court may make an order reciting the action taken at any status or settlementconference and any amendments allowed to the pleadings, any agreements, concessions oradmissions made by any party, and limiting the issues for trial to those not thereby disposed of.A pretrial order may be prepared by the Court and sent to each party subsequent to theconference, or the Court may require one of the parties to prepare a proposed written order forconsideration and entry by the Court. The order shall become part of the record and shall bebinding on the parties, unless modified by the Court at or before the trial so as to preventmanifest injustice.

(e) Trial Briefs

The Court may require the parties or any of them within such time as it directs to serve andfile a trial brief as to any doubtful points of law which may arise at the trial.

(f) Failure of Compliance

For failure to appear at a conference or to participate therein, or for failure to comply with theterms of this Rule or any orders issued pursuant to this Rule, the Court in its discretion mayimpose such sanctions as are authorized by law, including without limitation an order that thecase be placed at the bottom of the trial list, an order with respect to the imposition on the partyor, where appropriate, on counsel personally, of costs and counsel fees, or such other orderwith respect to the continued prosecution or defense of the action as is just and proper.

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(g) Sanctions Against Counsel and Parties

1. It shall be the duty of counsel and all parties to promote the just, speedy andinexpensive determination of every action. The Court may impose sanctions directly againstcounsel and any party who disobeys an order of the Court or intentionally obstructs the effectiveand efficient administration of justice.

2. Failure to Pay Costs or Sanctions

No attorney or litigant against whom a final order of monetary sanctions has been imposedmay file any pleading or other document until the sanctions have been paid in full. Pendingpayment, such attorney or litigant also may be barred from appearing in court. An orderimposing monetary sanctions becomes final for the purposes of this local rule when the Court ofAppeals issues its mandate or the time for filing an appeal expires.

(h) Alternative Dispute Resolution (ADR)

1. In addition to existing ADR programs (such as Local Rule 53's Special Masters Program)and those promulgated by individual judges (e.g., Parajudicials Program), a case may bereferred for voluntary ADR at any stage of the litigation deemed appropriate by the parties andthe judge to whom the particular case has been assigned.

2. Before a case is referred to voluntary ADR, the parties must agree upon, subject to theapproval of the judge:

(a) The form of the ADR process (e.g., mediation, arbitration, summary jury trial,minitrial, etc.);

(b) The scope of the ADR process (e.g., settlement of all or specified issues, resolutionof discovery schedules or disputes, narrowing of issues, etc.);

(c) The ADR provider (e.g., a court-annexed ADR project; a profit or not-for-profit privateADR organization; or any qualified person or panel selected by the parties);

(d) The effect of the ADR process (e.g., binding or nonbinding).

3. When agreement between the parties and the judge for a voluntary ADR referral hasbeen reached, the parties shall file jointly for the judge's endorsement a "Stipulation forReference to ADR." The Stipulation, subject to the judge's approval, shall specify:

(a) The form of ADR procedure and the name of the ADR provider agreed upon;

(b) The judicial proceedings, if any, to be stayed pending ADR (e.g., discovery matters,filing of motions, trial, etc.);

(c) The procedures, if any, to be completed prior to ADR (e.g., exchange of documents,medical examination, etc.);

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(d) The effect of the ADR process (e.g., binding or nonbinding);

(e) The date or dates for the filing of progress reports by the ADR provider with the trialjudge or for the completion of the ADR process; and

(f) The special conditions, if any, imposed by the judge upon any aspect of the ADRprocess (e.g., requiring trial counsel, the parties, and/or representatives of insurerswith settlement authority to attend the voluntary ADR session fully prepared to makefinal demands or offers).

4. Attendance at ADR sessions shall take precedence over all non-judicially assignedmatters (depositions, etc.). With respect to court assignments that conflict with a scheduledADR session, trial judges may excuse trial counsel temporarily to attend the ADR session,consistent with the orderly disposition of judicially assigned matters. In this regard, trial counsel,upon receiving notice of an ADR session, immediately shall inform the trial judge and opposingcounsel in matters scheduled for the same date of his or her obligation to appear at the ADRsession.

5. All ADR sessions shall be deemed confidential and protected by the provisions ofFed.R.Evid. 408 and Fed.R.Civ.P. 68. No statement made or document produced as part of anADR proceeding, not otherwise discoverable or obtainable, shall be admissible as evidence orsubject to discovery.

6. At the conclusion of the voluntary ADR session(s), the ADR provider's report to the judgeshall merely indicate "case settled or not settled," unless the parties agree to a more detailedreport (e.g. , stipulation of facts, narrowing of issues and discovery procedures, etc.), If a casesettles, the parties shall agree upon the appropriate moving papers to be filed for the trialjudge's endorsement (Judgment, Stipulation for Dismissal, etc.). If a case does not settle butthe parties agree to the narrowing of discovery matters or legal issues, then the ADR provider'sreport shall set forth those matters for endorsement or amendment by the judge.

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RULE 26

DUTY OF DISCLOSURE

(Amended November 7, 2016)

(a) Definitions Applicable to Discovery Requests

The full text of the definitions and rules of construction set forth in paragraphs (c) and (d)herein is deemed incorporated by reference into all discovery requests served in cases filed inthis District, but shall not preclude (i) the definition of other terms specific to the particularlitigation, (ii) the use of abbreviations or (iii) a more narrow definition of a term defined inparagraph (c).

(b) This Rule is not intended to broaden or narrow the scope of discovery permitted by theFederal Rules of Civil Procedure for the United States District Courts.

(c) The following definitions apply to all discovery requests:

(1) Communication. The term 'communication' means the transmittal of information (inthe form of facts, ideas, inquiries or otherwise).

(2) Document. The term 'document' is synonymous in meaning and equal in scope tothe usage of this term in Federal Rule of Civil Procedure 34(a). A draft or non-identical copy is a separate document within the meaning of this term. A request forproduction of 'documents' shall encompass, and the response shall include,electronically stored information, as included in Federal Rule of Civil Procedure 34,unless otherwise specified by the requesting party.

(3) Identify (With Respect to Persons). When referring to a person, to 'identify' meansto provide, to the extent known, the person's full name, present or last knownaddress, and when referring to a natural person, additionally, the present or lastknown place of employment. Once a person has been identified in accordance withthis subparagraph, only the name of that person need be listed in response tosubsequent discovery requesting the identification of that person.

(4) Identify (With Respect to Documents or Electronically Stored Information).When referring to documents or electronically stored information, to 'identify' meansto provide, to the extent known, information about the (i) type of document orelectronically stored information; (ii) its general subject matter; (iii) the date of thedocument or electronically stored information; and (iv) author(s), addressee(s) andrecipient(s).

(5) Parties. The terms 'plaintiff' and 'defendant' as well as a party's full or abbreviatedname or a pronoun referring to a party mean the party and, where applicable, itsofficers, directors, employees, partners, corporate parent, subsidiaries or affiliates.This definition is not intended to impose a discovery obligation on any person who isnot a party to the litigation.

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(6) Person. The term 'person' means any natural person or any business, legal orgovernmental entity or association.

(7) Concerning. The term 'concerning' means relating to, referring to, describing,evidencing or constituting.

(d) The following rules of construction apply to all discovery requests:

(1) All/Each. The terms 'all' and 'each' shall both be construed as all and each.(2) And/Or. The connectives 'and' and 'or' shall be construed either disjunctively or

conjunctively as necessary to bring within the scope of the discovery request allresponses that might otherwise be construed to be outside its scope.

(3) Number. The use of the singular form of any word includes the plural and viceversa.

(e) Privilege Log. In accordance with Fed.R.Civ.P. 26(b), when a claim of privilege or workproduct protection is asserted in response to a discovery request for documents or electronicallystored information, the party asserting the privilege or protection shall serve on all parties aprivilege log containing the following information:

(1) The type of document or electronically stored information;(2) The general subject matter of the document or electronically stored

information;(3) The date of the document or electronically stored information;(4) The author of the document or electronically stored information; and(5) Each recipient of the document or electronically stored information.

This rule shall apply only to requests for documents or electronically stored information.

►f the information called for by one or more of the foregoing categories is itself privileged, itneed not be disclosed. However, the existence of the document and any non-privilegedinformation called for by the other categories must be disclosed.

This rule requires preparation of a privilege log with respect to all documents withheld on thebasis of a claim of privilege or work product protection except the following: written or electroniccommunications between a party and its trial counsel after commencement of the action and thework product material created after commencement of the action. The parties may, bystipulation, narrow or dispense with the privilege log requirement, on the condition that theyagree not to seek to compel production of documents that otherwise would have been logged.

(f) Parties' Planning Conference.

(1) Within thirty days after the first appearance of a defendant, the attorneys of record andany self-represented parties who have appeared in the case shall confer for the purposesdescribed in Fed.R.Civ.P. 26(f). The conference ordinarily shall be initiated by the plaintiff, andmay be conducted by telephone or electronic audio or video conferencing service. Withinfourteen (14) days after the conference, the participants shall jointly complete and file a report inthe form prescribed by Form 26(f), which appears in the Appendix to these Rules.

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(2) After the parties' report is filed, the Court will issue a written scheduling order pursuant toFed.R.Civ.P. 16(b). If a defendant appears after the scheduling order is issued, such defendantshall be bound by the scheduling order unless it is modified by the Court either on its owninitiative or on motion.

(3) This Local Rule 26(f) shall not apply to the following categories of cases: prisonerpetitions; review of decisions by administrative agencies, including social security disabilitymatters; recovery of defaulted student loans; recovery of overpayment of veterans' benefits;forfeiture actions; petitions to quash Internal Revenue summons; appeals from BankruptcyCourt orders; proceedings to compel arbitration or to confirm or set aside awards and casesunder the Freedom of Information Act.

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RULE 30

DEPOSITIONS

(Amended December 22, 2017)

(a) Attendance

Depositions on oral examination or on written interrogatories are deemed to constituteprivate proceedings which the public is not entitled to attend. Any person other than the witnessbeing deposed, the parties to the action, the parent of a minor deponent, counsel for the witnessor any party, or any person who has been disclosed by any party as an expert witness in thecase shall, at the request of counsel for any party, or the witness, be excluded from the hearingroom while the deposition of any person is being taken. Application for an exception to this rulemay be made to the presiding Judge.

(b) Appearances

Any counsel taking or defending a deposition on behalf of a party must have filed anappearance in the case. Subject to any applicable rules concerning the unauthorized practiceof law, counsel representing a non-party witness only in deposition need not file an appearanceunless otherwise ordered.

(c) Depositions

Transcripts of depositions and exhibits marked for identification at the depositions shall notbe filed with the Clerk, except as required by Local Rule 5(f). When filing deposition transcriptsand exhibits in accordance with Local Rule 5(f), if a party seeks to file any of those materialsunder seal, the party must comply with the provisions of Local Rule 5(e).

(d) Transcripts and Copies of Depositions

Where a deposition has been taken, any party is entitled to a copy of the recording made ofthe testimony, whether that recording is done through stenographic, audio or video means.Each party shall bear the expense of his or her own copy of the recording of the depositiontestimony.

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RULE 37

DISCOVERY DISPUTES

(Amended April 10, 2017)

(a) No motion pursuant to Rules 26 through 37, Fed.R.Civ.P. shall be filed unless counselmaking the motion has conferred, in person or by telephone, with opposing counsel anddiscussed the discovery issues between them in detail in a good faith effort to eliminate orreduce the area of controversy, and to arrive at a mutually satisfactory resolution. In the eventthe consultations of counsel do not fully resolve the discovery issues, counsel making adiscovery motion shall file with the Court, as a part of the motion papers, an affidavit certifyingthat he or she has conferred with counsel for the opposing party in an effort in good faith toresolve by agreement the issues raised by the motion without the intervention of the Court, andhas been unable to reach such an agreement. If some of the issues raised by the motion havebeen resolved by agreement, the affidavit shall specify the issues so resolved and the issuesremaining unresolved.

(b)1. Memoranda by both sides shall be filed with the Clerk in accordance with Rule 7(a)1 ofthese Local Rules before any discovery motion is heard by the Court. Each memorandum shallcontain a concise statement of the nature of the case and a specific verbatim listing of each ofthe items of discovery sought or opposed, and immediately following each specification shall setforth the reason why the item should be allowed or disallowed. Where several different items ofdiscovery are in dispute, counsel shall, to the extent possible, group the items into categories inlieu of an individual listing of each item. Every memorandum shall include, as exhibits, copies ofthe discovery requests in dispute.

2. Where a discovery motion seeks disclosure of documents or electronically storedinformation, and the moving party believes in good faith that there is a significant risk thatmaterial information will be destroyed before the motion is decided in accordance with normalprocedure, the moving party shall have good cause to seek expedited consideration of themotion in accordance with Rule 7(a)4.

(c) Where a party has sought or opposed discovery which has resulted in the filing of amotion, and that party's position is not warranted under existing law and cannot be supported bygood faith argument for extension, modification or reversal of existing law, sanctions will beimposed in accordance with applicable law. If a sanction consists of or includes a reasonableattorney's fee, the amount of such attorney's fee shall be calculated by using the normal hourlyrate of the attorney for the party in whose favor a sanction is imposed, unless the party againstwhom a sanction is imposed can demonstrate that such amount is unreasonable in light of allthe circumstances.

(d) Unless a different time is set by the Court, compliance with discovery ordered by theCourt shall be made within fourteen (14) days of the filing of the Court's order.

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RULE 45

SUBPOENAS

Unless excused by the Court or the party issuing the subpoena, a non-party responding to asubpoena and claiming privilege as to any document must prepare a privilege log in accordancewith Local Rule 26(e) to satisfy the requirements of Fed.R.Civ.P. 45(e)(2).

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CIVIL APPENDIXFORM 26(f) REPORT OF PARTIES' PLANNING MEETING

STANDING ORDER ON SCHEDULING IN CIVIL CASES

STANDING ORDER REGARDING TRIAL MEMORANDA IN CIVIL CASES

STANDING ORDER IN CIVIL RICO CASES

STANDING ORDER IN REMOVED CASES

ORDER RE DISCLOSURE STATEMENT

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FORM 26(F) REPORT OF PARTIES' PLANNING MEETING

(Amended December 22, 2017)

Caption of Case[List all parties]

Date Complaint Filed:

Date Complaint Served:

Date of Defendant's Appearance:

Pursuant to Fed. R. Civ. P. 16(b), 26(f) and D. Conn. L. Civ. R. 16, a conference was held on[date(s)]. The participants were:

for plaintiff [party name]

for defendant [party name]

I. Certification

Undersigned counsel (after consultation with their clients) and any undersigned self-

represented parties certify that (a) they have discussed the nature and basis of the parties'

claims and defenses and any possibilities for achieving a prompt settlement or other resolution

of the case; and (b) they have developed the following proposed case management plan.

Counsel further certify that they have forwarded a copy of this report to their clients.

II. Jurisdiction

A. Subject Matter Jurisdiction

[Provide a statement of the basis for subject matter jurisdiction with appropriate statutory

citations. If defendant denies plaintiffs allegation of subject matter jurisdiction, defendant must

specify the basis for the denial. In cases where the basis for subject matter jurisdiction is

diversity of citizenship, if any party is a partnership, limited liability partnership, or limited liability

company or corporation, provide the citizenship of each partner, general partner, limited partner

and/or member, and if any such partner, general partner, limited partner or member is itself a

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partnership, limited liability partnership, or limited liability company or corporation, provide the

citizenship of each partner and/or member.]

B. Personal Jurisdiction

[State whether personal jurisdiction is contested and, if it is, summarize the parties'

competing positions].

Brief Description of Case

[Briefly summarize the claims and defenses of all parties and describe the relief sought.

If the parties cannot reach agreement on a joint statement, each party must provide a short

separate statement. The requirement that the parties briefly summarize their claims and

defenses is not intended to be unduly burdensome. The parties are obliged to discuss and

consider the nature of their claims and defenses at the planning conference in order to

formulate a meaningful case management plan. Moreover, the presiding judge needs to be

informed of the nature of the claims and defenses in order to evaluate the reasonableness of

that proposed plan. The statement of the parties' claims and defenses, whether set forth jointly

or separately, does not preclude any party from raising new claims and defenses as permitted

by other applicable law.]

A. Claims of Plaintiff/s:

B. Defenses and Claims (Affirmative Defenses, Counterclaims, Third Party Claims,

Cross Claims)(either pled or anticipated) of Defendant/s:

C. Defenses and Claims of Third Party Defendants:

IV. Statement of Undisputed Facts

[The Court expects that in most cases there will be facts that are not genuinely disputed,

and urges counsel and self-represented parties to assist the Court in identifying such facts, as

part of their obligation to promote the "just, speedy and inexpensive determination of every

action."] Counsel and self-represented parties certify that they have made a good faith attempt

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to determine whether there are any material facts that are not in dispute. The following material

facts are undisputed:

V. Case Management Plan:

A. Initial Disclosures

Initial disclosures will be served by

B. Scheduling Conference

1. The parties [request] [do not request]

to be excused from holding a pretrial conference with the Court before entry of a scheduling

order pursuant to Fed. R. Civ. P. 16(b).

2. The parties prefer that a scheduling conference, if held, be conducted [in person]

[by telephone].

C. Early Settlement Conference

1. The parties certify that they have considered the potential benefits of attempting

to settle the case before undertaking significant discovery or motion practice. Settlement [is

likely] [is unlikely at this time] [may be facilitated by use of the following procedure]:

2. The parties [request] [do not request] an early settlement conference.

3. The parties prefer a settlement conference, when such a conference is held, with

[the presiding judge] [a magistrate judge] [a parajudicial officer or special master].

4. The parties [request] [do not request] a referral for alternative dispute resolution

pursuant to D. Conn. L. Civ. R. 16.

D. Joinder of Parties, Amendment of Pleadings, and Motions Addressed to the

Pleadings

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The parties have discussed any perceived defects in the pleadings and have reached

the following agreements for resolution of any issues related to the sufficiency of the pleadings.

1. Plaintiff(s) should be allowed until [date] to file motions to join additional parties

and until [date] to file motions to amend the pleadings. Motions filed after the foregoing dates

will require, in addition to any other requirements under the applicable rules; a showing of good

cause for the delay.

2. Defendant(s) should be allowed until [date] to file motions to join additional

parties and until [date] to file a response to the complaint, or any amended complaint. Motions

filed after the foregoing dates will require, in addition to any other requirements under the

applicable rules, a showing of good cause' for the delay.

E. Discovery

a. Recognizing that the precise contours of the case, including the amounts of

damages at issue, if any, may not be clear at this point in the case, in making the proposals

below concerning discovery, the parties have considered the scope of discovery permitted

under Fed. R. Civ. P. 26(b)(1). At this time, the parties wish to apprise the Court of the following

information regarding the "needs of the case" :

Plaintiff's Position:

Defendant's Position (if different):

b. The parties anticipate that discovery will be needed on the following subjects: [list

each of the principal issues of fact on which discovery will be needed; a statement that, e.g.,

"discovery will be needed on liability and damages" is insufficient].

c. All discovery, including depositions of expert witnesses pursuant to Fed. R. Civ.

P. 26(b)(4), will be commenced by [date] and completed (not propounded) by [date].

d. Discovery [will] [will not] be conducted in phases.

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e. If discovery will be conducted in phases, describe each phase and state the date

by which it will be completed by

f. The parties anticipate that the plaintiff(s) will require a total of depositions of

fact witnesses and that the defendant(s) will require a total of depositions of fact

witnesses. The depositions will commence by [date] and be completed by [date].

g. The parties [will] [will not] request permission to serve more than 25

interrogatories.

h. Plaintiff/s [intend] [do not intend] to call expert witnesses at trial. Defendant/s

[intend] [do not intend] to call expert witnesses at trial.

i. Parties will designate all trial experts and provide opposing counsel with reports

from retained experts pursuant to Fed. R. Civ. P. 26(a)(2) on any issues on which they bear the

burden of proof by [a date not later than 3 months before the deadline for completing all

discovery]. Depositions of any such experts will be completed by [a date not later than 2

months before the deadline for completing all discovery].

j. Parties will designate all trial experts and provide opposing counsel with reports

from retained experts pursuant to Fed. R. Civ. P. 26(a)(2) on any issues on which they do not

bear the burden of proof by [a date not later than 1 month before the deadline for completing all

discovery]. Depositions of such experts will be completed by [a date not later than the discovery

cutoff date].

k. A damages analysis will be provided by any party who has a claim or

counterclaim for damages by [date].

I. Undersigned counsel (after consultation with their respective clients concerning

computer-based and other electronic information management systems, including historical,

archival, back-up and legacy files, in order to understand how information is stored and how it

may be retrieved) and self-represented parties have discussed the disclosure and preservation

of electronically stored information, including, but not limited to, the form in which such data

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shall be produced, search terms and/or other techniques to be used in connection with the

retrieval and production of such information, the location and format of electronically stored

information, appropriate steps to preserve electronically stored information, and the allocation of

costs of assembling and producing such information. [The parties agree to the following

procedures for the preservation, disclosure and management of electronically stored information

[OR the parties have been unable to reach agreement on the procedures for the preservation,

disclosure and management of electronically stored information. Following is the position of

each party:] [SPECIFY].

m. Undersigned counsel (after consultation with their clients) and self-represented

parties have also discussed the location(s), volume, organization, and costs of retrieval of

information stored in paper or other non-electronic forms. The parties agree to the following

procedures for the preservation, disclosure and management of such information [OR: The

parties have been unable to reach agreement on the procedures for the preservation, disclosure

and management of such information. Following is the position of each party]: [SPECIFY].

n. Undersigned counsel and self-represented parties have discussed discovery

procedures that minimize the risk of waiver of privilege or work-product protection, including

procedures for asserting privilege claims after production. The parties agree to the following

procedures for asserting claims of privilege after production [OR] The parties have been unable

to reach agreement on the procedures for asserting claims of privilege after production.

Following is the position of each party: [SPECIFY].

F. Other Scheduling Issues

The parties propose the following schedule for addressing other issues pertinent to this

case [e.g., class certification, claim construction]:

G. Summary Judgment Motions:

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Summary judgment motions, which must comply with Local Rule 56, will be filed on or

before [date].

H. Joint Trial Memorandum

The joint trial memorandum required by the Standing Order on Trial Memoranda in Civil

Cases will be filed by [date].

VI. TRIAL READINESS

The case will be ready for trial by [date].

As officers of the Court, undersigned counsel agree to cooperate with each other and

the Court to promote the just, speedy and inexpensive determination of this action.

Plaintiff

By Date:

Defendant

By Date:

The undersigned self-represented parties certify that they will cooperate with all other

parties, counsel and the Court to promote the just, speedy and inexpensive determination of this

action.

Plaintiff Date:

Defendant Date:

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CIVIL STANDING ORDERS

STANDING ORDER ON SCHEDULING IN CIVIL CASES

1. Order on Pretrial Deadlines. Except in cases exempted by D. Conn. L. Civ. R.

16, the Clerk, acting pursuant to the authority of the Court, shall enter in each civil action an

Order on Pretrial Deadlines, which Order shall contain the deadlines listed in paragraph 2 of this

Standing Order. The Clerk shall enter the Order at the time of the filing of the complaint, and

the Order shall control the course of the action until a further Scheduling Order is issued

pursuant to Fed.R.Civ.P. 16(b) and D. Conn. L. Civ. R. 16.

2. Presumptive Deadlines. Unless otherwise ordered by the presiding Judge,

parties in civil cases shall adhere to the following deadlines:

(a) All motions relating to joinder of parties or amendment of the pleadings shall be

filed within the latest of the following: (i) 35 days after the appearance of the last defendant or

(ii) 60 days after the filing of the complaint, the filing of a petition for removal, or the transfer of

an action from another District, except that a defendant may file a third-party complaint within 14

days of serving an answer, as permitted by Fed.R.Civ.P. 14(a).

(b) The filing of a motion to dismiss shall not result in a stay of discovery or extend

the time for completing discovery.

(c) Formal discovery pursuant to the Federal Rules of Civil Procedure may not

commence until the parties have conferred as required by Fed.R.Civ.P. 26(f) and Local Civil

Rule 16 but the parties may commence formal discovery immediately thereafter without awaiting

entry of a scheduling order pursuant to Fed.R.Civ.P. 16(b). Informal discovery by agreement of

the parties is encouraged and may commence at any time. Unless otherwise ordered,

discovery shall be completed within 6 months after the latest of the following: the filing of the

complaint, the filing of a petition for removal, the transfer of an action from another District, or

the appearance of the last defendant.

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UNITED STATES DISTRICT COURTDISTRICT OF CONNECTICUT

Civil Action Number 3:_____________ (JBA)

STANDING PROTECTIVE ORDER

Effective April 20, 2010

It is hereby ordered by the Court that the following shall apply to information,

documents and excerpts from documents supplied by the parties to each other as initial

disclosure and in response to discovery requests:

(a) Counsel for any party may designate any document or information contained ina document as confidential if counsel determines, in good faith, that suchdesignation is necessary to protect the interests of the client. Information anddocuments designated by a party as confidential will be labeled “CONFIDENTIAL— PRODUCED PURSUANT TO PROTECTIVE ORDER.” “Confidential”information or documents may be referred to collectively as “confidentialinformation.”

(b) Unless ordered by the Court, or otherwise provided for herein, the confidentialinformation disclosed will be held and used by the person receiving such informationsolely for use in connection with the action, in which this Order issued.

(c) In the event a party challenges another party’s confidential designation, counselshall make a good faith effort to resolve the dispute in accordance with Rule 37(a)(2)of the Local Rules of the District Court for the District of Connecticut, and in theabsence of a resolution, the challenging party may thereafter seek resolution by theCourt. Nothing in this Protective Order operates to create an admission by any partythat confidential information disclosed in this case is relevant or admissible. Eachparty specifically reserves the right to object to the use or admissibility of allconfidential information disclosed, in accordance with applicable law and Courtrules.

(d) Information or documents designated as “Confidential” shall not be disclosed toany person, except:

(1) The requesting party and counsel of record;

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(2) Employees of such counsel assigned to and necessary to assist in thelitigation;

(3) Consultants or experts to the extent deemed necessary by counsel;

(4) Any person from whom testimony is taken or is to be taken in these actions,except that such a person may only be shown that confidential informationduring and in preparation for his/her testimony and may not retain theconfidential information; and

(5) The Court or the jury at trial or as exhibits to motions.

(e) Prior to disclosing or displaying the confidential information to any person,counsel shall:

(1) inform the person of the confidential nature of the information ordocuments; and

(2) inform the person that this Court has enjoined the use of the information ordocuments by him/her for any purpose other than this litigation and hasenjoined the disclosure of that information or documents to any otherperson.

(f) The confidential information may be displayed to and discussed with the personsidentified in Paragraphs (d)(3) and (4) only on the condition that, prior to any suchdisplay or discussion, each such person shall be asked to sign an agreement to bebound by this Order in the form attached hereto as Exhibit A. In the event suchperson refuses to sign an agreement in the form attached as Exhibit A, the partydesiring to disclose the confidential information may seek appropriate relief from theCourt.

(g) For the purpose of Paragraphs (d)(4) and (5), any documents which become partof an official judicial proceeding or which are filed with the Court are publicdocuments, and such documents will be sealed by the Court only upon motion andin accordance with applicable law, including Rule 5(e) of the Local Rules of thisCourt. This Protective Order does not provide for the automatic sealing of anydocuments.

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(h) At the conclusion of litigation, the confidential information and any copiesthereof shall be promptly (and in no event later than forty–five (45) days after entryof final judgment) returned to the producing party or certified as destroyed.

(i) The foregoing is entirely without prejudice to the right of any party to apply tothe Court for any further Protective Order relating to confidential information; orto object to the production of documents or information; or to apply to the Court foran order compelling production of documents or information; or for modificationof this Order; or to seek any other relief from the Court.

Parties and counsel are advised that their claimed need for a more restrictive protectiveorder does not relieve them from compliance with discovery requests in a timely fashion. It is counsel’s responsibility to timely move for further protection based onconfidentiality, if needed. If the Court has not ruled on any such motion when discoveryis due, then the documents shall be produced by the deadline for “attorneys eyes” only,pending decision by the Court. If exceptional circumstances exist in which productionin this form would be irreparably prejudicial, counsel shall immediately advise the Courtby letter.

IT IS SO ORDERED.

/s/Janet Bond Arterton, U.S.D.J.

Effective April 20, 2010

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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 entitled ________________________

___________________________________ have been designated as confidential. I have

been informed that any such documents or information labeled “CONFIDENTIAL —

PRODUCED PURSUANT TO PROTECTIVE ORDER” 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: ________________________

Signed in the presence of:______________________________________ (Attorney)

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UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT

STANDING PROTECTIVE ORDER

1. It is hereby ordered by the Court that the following shall apply to information, documents, excerpts from documents, and other materials produced in this action pursuant to Federal and Local Rules of Civil Procedure governing disclosure and discovery.

2. Information, documents and other materials may be designated by the producing party in the manner permitted ("the Designating Person"). All such information, documents, excerpts from documents, and other materials will constitute "Designated Material" under this Order. The designation shall be either (a) "CONFIDENTIAL" or (b) CONFIDENTIAL-ATTORNEYS' EYES ONLY." This Order shall apply to Designated Material produced by any party or third-party in this action.

3. "CONFIDENTIAL" information means information, documents, or things that have not been made public by the disclosing party and that the disclosing party reasonably and in good faith believes contains or comprises (a) trade secrets, (b) proprietary business information, or (c) information implicating an individual's legitimate expectation of privacy.

4. "CONFIDENTIAL-ATTORNEY'S EYES ONLY" means CONFIDENTIAL information that the disclosing party reasonably and in good faith believes is so highly sensitive that its disclosure to a competitor could result in significant competitive or commercial disadvantage to the designating party.

5. Designated Material shall not be used or disclosed for any purpose other than the litigation of this action and may be disclosed only as follows:

a. Parties: Material designated "CONFIDENTIAL" may be disclosed to parties to this action or directors, officers and employees of parties to this action, who have a legitimate need to see the information in connection with their responsibilities for overseeing the litigation or assisting counsel in preparing the action for trial or settlement. Before Designated Material is disclosed for this purpose, each such person must agree to be bound by this Order by signing a document substantially in the form of Exhibit A

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b. Witnesses or Prospective Witnesses: Designated Material, including material designated "CONFIDENTIAL-ATTORNEYS' EYES ONLY," may be disclosed to a witness or prospective witness in this action, but only for purposes of testimony or preparation of testimony in this case, whether at trial, hearing, or deposition, but it may not be retained by the witness or prospective witness. Before Designated Material is disclosed for this purpose, each such person must agree to be bound by this Order, by signing a document substantially in the form of Exhibit A.

c. Outside Experts: Designated Material, including material designated "CONFIDENTIAL-ATTORNEYS' EYES ONLY," may be disclosed to an outside expert for the purpose of obtaining the expert's assistance in the litigation. Before Designated Material is disclosed for this purpose, each such person must agree to be bound by this Order, by signing a document substantially in the form of Exhibit A.

d. Counsel: Designated Material, including material designated "CONFIDENTIAL­ATTORNEYS' EYES ONLY," may be disclosed to counsel of record and in­house counsel for parties to this action and their associates, paralegals, and regularly employed office staff.

e. Other Persons: Designated Material may be provided as necessary to copying services, translators, and litigation support firms. Before Designated Material is disclosed to such third parties, each such person must agree to be bound by this Order by signing a document substantially in the form of Exhibit A.

6. Prior to disclosing or displaying any Designated Material to any person, counsel shall:

a. Inform the person of the confidential nature of the Designated Material; and

b. Inform the person that this Court has enjoined the use of the Designated Material by him/her for any purpose other than this litigation and has enjoined the disclosure of that information or documents to any other person.

7. The confidential information may be displayed to and discussed with the persons identified in Paragraphs S(b) and (c) only on the condition that, prior to any such display or discussion, each such person shall be asked to sign an agreement to be bound by this Order in the form attached hereto as Exhibit A. In the event such person refuses to

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sign an agreement in substantially the form attached as Exhibit A, the party desiring to disclose the confidential information may seek appropriate relief from the Court.

8. A person having custody of Designated Material shall maintain it in a manner that limits access to the Designated Material to persons permitted such access under this

Order.

9. Counsel shall maintain a collection of all signed documents by which persons have agreed to be bound by this Order.

10. Documents shall be designated by stamping or otherwise marking the documents with the words "CONFIDENTIAL" or "CONFIDENTIAL-FOR ATTORNEYS' EYES ONLY" thus clearly identifying the category of Designated Material for which protection is sought under the terms of this Order. Designated Material not reduced to documentary form shall be designated by the producing party in a reasonably equivalent way.

11. The parties will use reasonable care to avoid designating as confidential documents or information that does not need to be designated as such.

12. A party may submit a request in writing to the party who produced Designated Material that the designation be modified or withdrawn. If the Designating Person does not agree to the redesignation within fifteen business days, the objecting party may apply to the Court for relief. Upon any such application, the burden shall be on the Designating Person to show why the designation is proper. Before serving a written challenge, the objecting party must attempt in good faith to meet and confer with the Designating Person in an effort to resolve the matter. The Court may award sanctions if it finds that a party's position was taken without substantial justification.

13. Deposition transcripts or portions thereof may be designated either (a) when the testimony is recorded, or (b) by written notice to all counsel of record, given within ten business days after the Designating Person's receipt of the transcript in which case all counsel receiving such notice shall be responsible for marking the copies of the designated transcript or portion thereof in their possession or control as directed by the Designating Person. Pending expiration of the ten business days, the deposition transcript shall be treated as designated. When testimony is designated at a deposition, the Designating Person may exclude from the deposition all persons other than those to whom the Designated Material may be disclosed under paragraph 5 of this Order. Any party may mark Designated Material as a deposition exhibit, provided the deposition witness is one to whom the exhibit may be disclosed under paragraph 5 of this Order

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and the exhibit and related transcript pages receive the same confidentiality designation as the original Designated Material.

14. Any Designated Material which becomes part of an official judicial proceeding or which is filed with the Court is public. Such Designated Material will be sealed by the Court only upon motion and in accordance with applicable law, including Rule 5(d) of the Local Rules of this Court. This Protective Order does not provide for the automatic sealing of such Designated Material. If it becomes necessary to file Designated Material with the Court, a party must comply with Local Civil Rule 5 by moving to file the Designated Material under seal.

15. Filing pleadings or other papers disclosing or containing Designated Material does not waive the designated status of the material. The Court will determine how Designated Material will be treated during trial and other proceedings as it deems appropriate.

16. Upon final termination of this action, all Designated Material and copies thereof shall be returned promptly (and in no event later than forty-five (45) days after entry of final judgment), returned to the producing party, or certified as destroyed to counsel of record for the party that produced the Designated Material, or, in the case of deposition testimony regarding designated exhibits, counsel of record for the Designating Person. Alternatively, the receiving party shall provide to the Designating Person a certification that all such materials have been destroyed.

17. Inadvertent production of confidential material prior to its designation as such in accordance with this Order shall not be deemed a waiver of a claim of confidentiality. Any such error shall be corrected within a reasonable time.

18. Nothing in this Order shall require disclosure of information protected by the attorney-client privilege, or other privilege or immunity, and the inadvertent production of such information shall not operate as a waiver. If a Designating Party becomes aware that it has inadvertently produced information protected by the attorney-client privilege, or other privilege or immunity, the Designating Party will promptly notify each receiving party in writing of the inadvertent production. When a party receives notice of such inadvertent production, it shall return all copies of inadvertently produced material within three business days. Any notes or summaries referring or relating to any such inadvertently produced material subject to claim of privilege or immunity shall be destroyed forthwith. Nothing herein shall prevent the receiving party from challenging the propriety of the attorney-client privilege or work product immunity or other applicable privilege designation by submitting a challenge to the Court. The Designating Party

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bears the burden of establishing the privileged nature of any inadvertently produced information or material. Each receiving party shall refrain from distributing or otherwise using the inadvertently disclosed information or material for any purpose until any issue of privilege is resolved by agreement of the parties or by the Court. Notwithstanding the foregoing, a receiving party may use the inadvertently produced information or materials to respond to a motion by the Designating Party seeking return or destruction of such information or materials. If a receiving party becomes aware that it is in receipt of information or materials which it knows or reasonably should know is privileged, Counsel for the receiving party shall immediately take steps to (i) stop reading such information or materials, (ii) notify Counsel for the Designating Party of such information or materials, (iii) collect all copies of such information or materials, (iv) return such information or materials to the Designating Party, and (v) otherwise comport themselves with the applicable provisions of the Rules of Professional Conduct.

19. The foregoing is entirely without prejudice to the right of any party to apply to the Court for any further Protective Order relating to Designated Material; or to object to the production of Designated Material; or to apply to the Court for an order compelling production of Designated Material; or for modification of this Order; or to seek any other relief from the Court.

20. The restrictions imposed by this Order may be modified or terminated only by further order of the Court.

IT IS SO ORDERED,

/s/ Robert N. Chatigny Robert N. Chatigny United States District Judge

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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 entitled ----------------------------------------have been designated as confidential. I have been informed that any such documents or information labeled "CONFIDENTIAL PRODUCED PURSUANT TO PROTECTIVE ORDER" 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: ______________________ __

Signed in the presence of:

_________________________ (Attorney)

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UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT

STANDING PROTECTIVE ORDER

1. It is hereby ordered by the Court that the following shall apply to information, documents, excerpts from documents, and other materials produced in this action pursuant to Federal and Local Rules of Civil Procedure governing disclosure and discovery. 2. Information, documents and other materials may be designated by the producing party in the manner permitted (“the Designating Person”). All such information, documents, excerpts from documents, and other materials will constitute “Designated Material” under this Order. The designation shall be either (a) “CONFIDENTIAL” or (b) CONFIDENTIAL-ATTORNEYS’ EYES ONLY.” This Order shall apply to Designated Material produced by any party or third-party in this action. 3. “CONFIDENTIAL” information means information, documents, or things that have not been made public by the disclosing party and that the disclosing party reasonably and in good faith believes contains or comprises (a) trade secrets, (b) proprietary business information, or (c) information implicating an individual’s legitimate expectation of privacy. 4. “CONFIDENTIAL-ATTORNEY’S EYES ONLY” means CONFIDENTIAL information that the disclosing party reasonably and in good faith believes is so highly sensitive that its disclosure to a competitor could result in significant competitive or commercial disadvantage to the designating party. 5. Designated Material shall not be used or disclosed for any purpose other than the litigation of this action and may be disclosed only as follows:

a. Parties: Material designated “CONFIDENTIAL” may be disclosed to parties to this action or directors, officers and employees of parties to this action, who have a legitimate need to see the information in connection with their responsibilities for overseeing the litigation or assisting counsel in preparing the action for trial or settlement. Before Designated Material is disclosed for this purpose, each such person must agree to be bound by this Order by signing a document substantially in the form of Exhibit A.

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b. Witnesses or Prospective Witnesses: Designated Material, including material designated “CONFIDENTIAL-ATTORNEYS’ EYES ONLY,” may be disclosed to a witness or prospective witness in this action, but only for purposes of testimony or preparation of testimony in this case, whether at trial, hearing, or deposition, but it may not be retained by the witness or prospective witness. Before Designated Material is disclosed for this purpose, each such person must agree to be bound by this Order, by signing a document substantially in the form of Exhibit A.

c. Outside Experts: Designated Material, including material designated

“CONFIDENTIAL-ATTORNEYS’ EYES ONLY,” may be disclosed to an outside expert for the purpose of obtaining the expert’s assistance in the litigation. Before Designated Material is disclosed for this purpose, each such person must agree to be bound by this Order, by signing a document substantially in the form of Exhibit A.

d. Counsel: Designated Material, including material designated “CONFIDENTIAL-

ATTORNEYS’ EYES ONLY,” may be disclosed to counsel of record and in-house counsel for parties to this action and their associates, paralegals, and regularly employed office staff.

e. Other Persons: Designated Material may be provided as necessary to copying

services, translators, and litigation support firms. Before Designated Material is disclosed to such third parties, each such person must agree to be bound by this Order by signing a document substantially in the form of Exhibit A.

6. Prior to disclosing or displaying any Designated Material to any person, counsel shall:

a. Inform the person of the confidential nature of the Designated Material; and b. Inform the person that this Court has enjoined the use of the Designated

Material by him/her for any purpose other than this litigation and has enjoined the disclosure of that information or documents to any other person.

7. The confidential information may be displayed to and discussed with the persons identified in Paragraphs 5(b) and (c) only on the condition that, prior to any such display or discussion, each such person shall be asked to sign an agreement to be bound by this Order in the form attached hereto as Exhibit A. In the event such person refuses to

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sign an agreement in substantially the form attached as Exhibit A, the party desiring to disclose the confidential information may seek appropriate relief from the Court. 8. A person having custody of Designated Material shall maintain it in a manner that limits access to the Designated Material to persons permitted such access under this Order. 9. Counsel shall maintain a collection of all signed documents by which persons have agreed to be bound by this Order. 10. Documents shall be designated by stamping or otherwise marking the documents with the words “CONFIDENTIAL” or “CONFIDENTIAL-FOR ATTORNEYS’ EYES ONLY” thus clearly identifying the category of Designated Material for which protection is sought under the terms of this Order. Designated Material not reduced to documentary form shall be designated by the producing party in a reasonably equivalent way. 11. The parties will use reasonable care to avoid designating as confidential documents or information that does not need to be designated as such. 12. A party may submit a request in writing to the party who produced Designated Material that the designation be modified or withdrawn. If the Designating Person does not agree to the redesignation within fifteen business days, the objecting party may apply to the Court for relief. Upon any such application, the burden shall be on the Designating Person to show why the designation is proper. Before serving a written challenge, the objecting party must attempt in good faith to meet and confer with the Designating Person in an effort to resolve the matter. The Court may award sanctions if it finds that a party’s position was taken without substantial justification. 13. Deposition transcripts or portions thereof may be designated either (a) when the testimony is recorded, or (b) by written notice to all counsel of record, given within ten business days after the Designating Person’s receipt of the transcript in which case all counsel receiving such notice shall be responsible for marking the copies of the designated transcript or portion thereof in their possession or control as directed by the Designating Person. Pending expiration of the ten business days, the deposition transcript shall be treated as designated. When testimony is designated at a deposition, the Designating Person may exclude from the deposition all persons other than those to whom the Designated Material may be disclosed under paragraph 5 of this Order. Any party may mark Designated Material as a deposition exhibit, provided the deposition witness is one to whom the exhibit may be disclosed under paragraph 5 of this Order

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and the exhibit and related transcript pages receive the same confidentiality designation as the original Designated Material. 14. Any Designated Material which becomes part of an official judicial proceeding or which is filed with the Court is public. Such Designated Material will be sealed by the Court only upon motion and in accordance with applicable law, including Rule 5(e) of the Local Rules of this Court. This Protective Order does not provide for the automatic sealing of such Designated Material. If it becomes necessary to file Designated Material with the Court, a party must comply with Local Civil Rule 5 by moving to file the Designated Material under seal. 15. Filing pleadings or other papers disclosing or containing Designated Material does not waive the designated status of the material. The Court will determine how Designated Material will be treated during trial and other proceedings as it deems appropriate. 16. Upon final termination of this action, all Designated Material and copies thereof shall be returned promptly (and in no event later than forty-five (45) days after entry of final judgment), returned to the producing party, or certified as destroyed to counsel of record for the party that produced the Designated Material, or, in the case of deposition testimony regarding designated exhibits, counsel of record for the Designating Person. Alternatively, the receiving party shall provide to the Designating Person a certification that all such materials have been destroyed. 17. Inadvertent production of confidential material prior to its designation as such in accordance with this Order shall not be deemed a waiver of a claim of confidentiality. Any such error shall be corrected within a reasonable time. 18. Nothing in this Order shall require disclosure of information protected by the attorney-client privilege, or other privilege or immunity, and the inadvertent production of such information shall not operate as a waiver. If a Designating Party becomes aware that it has inadvertently produced information protected by the attorney-client privilege, or other privilege or immunity, the Designating Party will promptly notify each receiving party in writing of the inadvertent production. When a party receives notice of such inadvertent production, it shall return all copies of inadvertently produced material within three business days. Any notes or summaries referring or relating to any such inadvertently produced material subject to claim of privilege or immunity shall be destroyed forthwith. Nothing herein shall prevent the receiving party from challenging the propriety of the attorney-client privilege or work product immunity or other applicable privilege designation by submitting a challenge to the Court. The Designating Party

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bears the burden of establishing the privileged nature of any inadvertently produced information or material. Each receiving party shall refrain from distributing or otherwise using the inadvertently disclosed information or material for any purpose until any issue of privilege is resolved by agreement of the parties or by the Court. Notwithstanding the foregoing, a receiving party may use the inadvertently produced information or materials to respond to a motion by the Designating Party seeking return or destruction of such information or materials. If a receiving party becomes aware that it is in receipt of information or materials which it knows or reasonably should know is privileged, Counsel for the receiving party shall immediately take steps to (i) stop reading such information or materials, (ii) notify Counsel for the Designating Party of such information or materials, (iii) collect all copies of such information or materials, (iv) return such information or materials to the Designating Party, and (v) otherwise comport themselves with the applicable provisions of the Rules of Professional Conduct. 19. The foregoing is entirely without prejudice to the right of any party to apply to the Court for any further Protective Order relating to Designated Material; or to object to the production of Designated Material; or to apply to the Court for an order compelling production of Designated Material; or for modification of this Order; or to seek any other relief from the Court. 20. The restrictions imposed by this Order may be modified or terminated only by further order of the Court.

IT IS SO ORDERED,

/s/ Jeffrey A. Meyer Jeffrey A. Meyer United States District Judge

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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 entitled________________________ _______________________________have been designated as confidential. I have been informed that any such documents or information labeled “CONFIDENTIAL PRODUCED PURSUANT TO PROTECTIVE ORDER” 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: Signed in the presence of: (Attorney)

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UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT

STANDING PROTECTIVE ORDER

1. It is hereby ordered by the Court that the following shall apply to information, documents, excerpts from documents, and other materials produced in this action pursuant to Federal and Local Rules of Civil Procedure governing disclosure and discovery. 2. Information, documents and other materials may be designated by the producing party in the manner permitted (“the Designating Person”). All such information, documents, excerpts from documents, and other materials will constitute “Designated Material” under this Order. The designation shall be either (a) “CONFIDENTIAL” or (b) CONFIDENTIAL-ATTORNEYS’ EYES ONLY.” This Order shall apply to Designated Material produced by any party or third-party in this action. 3. “CONFIDENTIAL” information means information, documents, or things that have not been made public by the disclosing party and that the disclosing party reasonably and in good faith believes contains or comprises (a) trade secrets, (b) proprietary business information, or (c) information implicating an individual’s legitimate expectation of privacy. 4. “CONFIDENTIAL-ATTORNEY’S EYES ONLY” means CONFIDENTIAL information that the disclosing party reasonably and in good faith believes is so highly sensitive that its disclosure to a competitor could result in significant competitive or commercial disadvantage to the designating party. 5. Designated Material shall not be used or disclosed for any purpose other than the litigation of this action and may be disclosed only as follows:

a. Parties: Material designated “CONFIDENTIAL” may be disclosed to parties to this action or directors, officers and employees of parties to this action, who have a legitimate need to see the information in connection with their responsibilities for overseeing the litigation or assisting counsel in preparing the action for trial or settlement. Before Designated Material is disclosed for this purpose, each such person must agree to be bound by this Order by signing a document substantially in the form of Exhibit A.

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b. Witnesses or Prospective Witnesses: Designated Material, including material designated “CONFIDENTIAL-ATTORNEYS’ EYES ONLY,” may be disclosed to a witness or prospective witness in this action, but only for purposes of testimony or preparation of testimony in this case, whether at trial, hearing, or deposition, but it may not be retained by the witness or prospective witness. Before Designated Material is disclosed for this purpose, each such person must agree to be bound by this Order, by signing a document substantially in the form of Exhibit A.

c. Outside Experts: Designated Material, including material designated

“CONFIDENTIAL-ATTORNEYS’ EYES ONLY,” may be disclosed to an outside expert for the purpose of obtaining the expert’s assistance in the litigation. Before Designated Material is disclosed for this purpose, each such person must agree to be bound by this Order, by signing a document substantially in the form of Exhibit A.

d. Counsel: Designated Material, including material designated “CONFIDENTIAL-

ATTORNEYS’ EYES ONLY,” may be disclosed to counsel of record and in-house counsel for parties to this action and their associates, paralegals, and regularly employed office staff.

e. Other Persons: Designated Material may be provided as necessary to copying

services, translators, and litigation support firms. Before Designated Material is disclosed to such third parties, each such person must agree to be bound by this Order by signing a document substantially in the form of Exhibit A.

6. Prior to disclosing or displaying any Designated Material to any person, counsel shall:

a. Inform the person of the confidential nature of the Designated Material; and b. Inform the person that this Court has enjoined the use of the Designated

Material by him/her for any purpose other than this litigation and has enjoined the disclosure of that information or documents to any other person.

7. The confidential information may be displayed to and discussed with the persons identified in Paragraphs 5(b) and (c) only on the condition that, prior to any such display or discussion, each such person shall be asked to sign an agreement to be bound by this Order in the form attached hereto as Exhibit A. In the event such person refuses to

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sign an agreement in substantially the form attached as Exhibit A, the party desiring to disclose the confidential information may seek appropriate relief from the Court. 8. A person having custody of Designated Material shall maintain it in a manner that limits access to the Designated Material to persons permitted such access under this Order. 9. Counsel shall maintain a collection of all signed documents by which persons have agreed to be bound by this Order. 10. Documents shall be designated by stamping or otherwise marking the documents with the words “CONFIDENTIAL” or “CONFIDENTIAL-FOR ATTORNEYS’ EYES ONLY” thus clearly identifying the category of Designated Material for which protection is sought under the terms of this Order. Designated Material not reduced to documentary form shall be designated by the producing party in a reasonably equivalent way. 11. The parties will use reasonable care to avoid designating as confidential documents or information that does not need to be designated as such. 12. A party may submit a request in writing to the party who produced Designated Material that the designation be modified or withdrawn. If the Designating Person does not agree to the redesignation within fifteen business days, the objecting party may apply to the Court for relief. Upon any such application, the burden shall be on the Designating Person to show why the designation is proper. Before serving a written challenge, the objecting party must attempt in good faith to meet and confer with the Designating Person in an effort to resolve the matter. The Court may award sanctions if it finds that a party’s position was taken without substantial justification. 13. Deposition transcripts or portions thereof may be designated either (a) when the testimony is recorded, or (b) by written notice to all counsel of record, given within ten business days after the Designating Person’s receipt of the transcript in which case all counsel receiving such notice shall be responsible for marking the copies of the designated transcript or portion thereof in their possession or control as directed by the Designating Person. Pending expiration of the ten business days, the deposition transcript shall be treated as designated. When testimony is designated at a deposition, the Designating Person may exclude from the deposition all persons other than those to whom the Designated Material may be disclosed under paragraph 5 of this Order. Any party may mark Designated Material as a deposition exhibit, provided the deposition witness is one to whom the exhibit may be disclosed under paragraph 5 of this Order

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and the exhibit and related transcript pages receive the same confidentiality designation as the original Designated Material. 14. Any Designated Material which becomes part of an official judicial proceeding or which is filed with the Court is public. Such Designated Material will be sealed by the Court only upon motion and in accordance with applicable law, including Rule 5(e) of the Local Rules of this Court. This Protective Order does not provide for the automatic sealing of such Designated Material. If it becomes necessary to file Designated Material with the Court, a party must comply with Local Civil Rule 5 by moving to file the Designated Material under seal. 15. Filing pleadings or other papers disclosing or containing Designated Material does not waive the designated status of the material. The Court will determine how Designated Material will be treated during trial and other proceedings as it deems appropriate. 16. Upon final termination of this action, all Designated Material and copies thereof shall be returned promptly (and in no event later than forty-five (45) days after entry of final judgment), returned to the producing party, or certified as destroyed to counsel of record for the party that produced the Designated Material, or, in the case of deposition testimony regarding designated exhibits, counsel of record for the Designating Person. Alternatively, the receiving party shall provide to the Designating Person a certification that all such materials have been destroyed. 17. Inadvertent production of confidential material prior to its designation as such in accordance with this Order shall not be deemed a waiver of a claim of confidentiality. Any such error shall be corrected within a reasonable time. 18. Nothing in this Order shall require disclosure of information protected by the attorney-client privilege, or other privilege or immunity, and the inadvertent production of such information shall not operate as a waiver. If a Designating Party becomes aware that it has inadvertently produced information protected by the attorney-client privilege, or other privilege or immunity, the Designating Party will promptly notify each receiving party in writing of the inadvertent production. When a party receives notice of such inadvertent production, it shall return all copies of inadvertently produced material within three business days. Any notes or summaries referring or relating to any such inadvertently produced material subject to claim of privilege or immunity shall be destroyed forthwith. Nothing herein shall prevent the receiving party from challenging the propriety of the attorney-client privilege or work product immunity or other applicable privilege designation by submitting a challenge to the Court. The Designating Party

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bears the burden of establishing the privileged nature of any inadvertently produced information or material. Each receiving party shall refrain from distributing or otherwise using the inadvertently disclosed information or material for any purpose until any issue of privilege is resolved by agreement of the parties or by the Court. Notwithstanding the foregoing, a receiving party may use the inadvertently produced information or materials to respond to a motion by the Designating Party seeking return or destruction of such information or materials. If a receiving party becomes aware that it is in receipt of information or materials which it knows or reasonably should know is privileged, Counsel for the receiving party shall immediately take steps to (i) stop reading such information or materials, (ii) notify Counsel for the Designating Party of such information or materials, (iii) collect all copies of such information or materials, (iv) return such information or materials to the Designating Party, and (v) otherwise comport themselves with the applicable provisions of the Rules of Professional Conduct. 19. The foregoing is entirely without prejudice to the right of any party to apply to the Court for any further Protective Order relating to Designated Material; or to object to the production of Designated Material; or to apply to the Court for an order compelling production of Designated Material; or for modification of this Order; or to seek any other relief from the Court. 20. The restrictions imposed by this Order may be modified or terminated only by further order of the Court.

IT IS SO ORDERED,

/s/ Janet C. Hall Janet C. Hall United States District Judge

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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 entitled________________________ _______________________________have been designated as confidential. I have been informed that any such documents or information labeled “CONFIDENTIAL PRODUCED PURSUANT TO PROTECTIVE ORDER” 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: Signed in the presence of: (Attorney)

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UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT

STANDING PROTECTIVE ORDER

1. It is hereby ordered by the Court that the following shall apply to information, documents, excerpts from documents, and other materials produced in this action pursuant to Federal and Local Rules of Civil Procedure governing disclosure and discovery. 2. Information, documents and other materials may be designated by the producing party in the manner permitted (“the Designating Person”). All such information, documents, excerpts from documents, and other materials will constitute “Designated Material” under this Order. The designation shall be either (a) “CONFIDENTIAL” or (b) CONFIDENTIAL-ATTORNEYS’ EYES ONLY.” This Order shall apply to Designated Material produced by any party or third-party in this action. 3. “CONFIDENTIAL” information means information, documents, or things that have not been made public by the disclosing party and that the disclosing party reasonably and in good faith believes contains or comprises (a) trade secrets, (b) proprietary business information, or (c) information implicating an individual’s legitimate expectation of privacy. 4. “CONFIDENTIAL-ATTORNEY’S EYES ONLY” means CONFIDENTIAL information that the disclosing party reasonably and in good faith believes is so highly sensitive that its disclosure to a competitor could result in significant competitive or commercial disadvantage to the designating party. 5. Designated Material shall not be used or disclosed for any purpose other than the litigation of this action and may be disclosed only as follows:

a. Parties: Material designated “CONFIDENTIAL” may be disclosed to parties to this action or directors, officers and employees of parties to this action, who have a legitimate need to see the information in connection with their responsibilities for overseeing the litigation or assisting counsel in preparing the action for trial or settlement. Before Designated Material is disclosed for this purpose, each such person must agree to be bound by this Order by signing a document substantially in the form of Exhibit A.

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b. Witnesses or Prospective Witnesses: Designated Material, including material designated “CONFIDENTIAL-ATTORNEYS’ EYES ONLY,” may be disclosed to a witness or prospective witness in this action, but only for purposes of testimony or preparation of testimony in this case, whether at trial, hearing, or deposition, but it may not be retained by the witness or prospective witness. Before Designated Material is disclosed for this purpose, each such person must agree to be bound by this Order, by signing a document substantially in the form of Exhibit A.

c. Outside Experts: Designated Material, including material designated

“CONFIDENTIAL-ATTORNEYS’ EYES ONLY,” may be disclosed to an outside expert for the purpose of obtaining the expert’s assistance in the litigation. Before Designated Material is disclosed for this purpose, each such person must agree to be bound by this Order, by signing a document substantially in the form of Exhibit A.

d. Counsel: Designated Material, including material designated “CONFIDENTIAL-

ATTORNEYS’ EYES ONLY,” may be disclosed to counsel of record and in-house counsel for parties to this action and their associates, paralegals, and regularly employed office staff.

e. Other Persons: Designated Material may be provided as necessary to copying

services, translators, and litigation support firms. Before Designated Material is disclosed to such third parties, each such person must agree to be bound by this Order by signing a document substantially in the form of Exhibit A.

6. Prior to disclosing or displaying any Designated Material to any person, counsel shall:

a. Inform the person of the confidential nature of the Designated Material; and b. Inform the person that this Court has enjoined the use of the Designated

Material by him/her for any purpose other than this litigation and has enjoined the disclosure of that information or documents to any other person.

7. The confidential information may be displayed to and discussed with the persons identified in Paragraphs 5(b) and (c) only on the condition that, prior to any such display or discussion, each such person shall be asked to sign an agreement to be bound by this Order in the form attached hereto as Exhibit A. In the event such person refuses to

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sign an agreement in substantially the form attached as Exhibit A, the party desiring to disclose the confidential information may seek appropriate relief from the Court. 8. A person having custody of Designated Material shall maintain it in a manner that limits access to the Designated Material to persons permitted such access under this Order. 9. Counsel shall maintain a collection of all signed documents by which persons have agreed to be bound by this Order. 10. Documents shall be designated by stamping or otherwise marking the documents with the words “CONFIDENTIAL” or “CONFIDENTIAL-FOR ATTORNEYS’ EYES ONLY” thus clearly identifying the category of Designated Material for which protection is sought under the terms of this Order. Designated Material not reduced to documentary form shall be designated by the producing party in a reasonably equivalent way. 11. The parties will use reasonable care to avoid designating as confidential documents or information that does not need to be designated as such. 12. A party may submit a request in writing to the party who produced Designated Material that the designation be modified or withdrawn. If the Designating Person does not agree to the redesignation within fifteen business days, the objecting party may apply to the Court for relief. Upon any such application, the burden shall be on the Designating Person to show why the designation is proper. Before serving a written challenge, the objecting party must attempt in good faith to meet and confer with the Designating Person in an effort to resolve the matter. The Court may award sanctions if it finds that a party’s position was taken without substantial justification. 13. Deposition transcripts or portions thereof may be designated either (a) when the testimony is recorded, or (b) by written notice to all counsel of record, given within ten business days after the Designating Person’s receipt of the transcript in which case all counsel receiving such notice shall be responsible for marking the copies of the designated transcript or portion thereof in their possession or control as directed by the Designating Person. Pending expiration of the ten business days, the deposition transcript shall be treated as designated. When testimony is designated at a deposition, the Designating Person may exclude from the deposition all persons other than those to whom the Designated Material may be disclosed under paragraph 5 of this Order. Any party may mark Designated Material as a deposition exhibit, provided the deposition witness is one to whom the exhibit may be disclosed under paragraph 5 of this Order

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and the exhibit and related transcript pages receive the same confidentiality designation as the original Designated Material. 14. Any Designated Material which becomes part of an official judicial proceeding or which is filed with the Court is public. Such Designated Material will be sealed by the Court only upon motion and in accordance with applicable law, including Rule 5(e) of the Local Rules of this Court. This Protective Order does not provide for the automatic sealing of such Designated Material. If it becomes necessary to file Designated Material with the Court, a party must comply with Local Civil Rule 5 by moving to file the Designated Material under seal. Any filing under seal must also comply with the Court’s Instructions Regarding Confidentiality and Sealing Documents, which is available on the Court website. 15. Filing pleadings or other papers disclosing or containing Designated Material does not waive the designated status of the material. The Court will determine how Designated Material will be treated during trial and other proceedings as it deems appropriate. 16. Upon final termination of this action, all Designated Material and copies thereof shall be returned promptly (and in no event later than forty-five (45) days after entry of final judgment), returned to the producing party, or certified as destroyed to counsel of record for the party that produced the Designated Material, or, in the case of deposition testimony regarding designated exhibits, counsel of record for the Designating Person. Alternatively, the receiving party shall provide to the Designating Person a certification that all such materials have been destroyed. 17. Inadvertent production of confidential material prior to its designation as such in accordance with this Order shall not be deemed a waiver of a claim of confidentiality. Any such error shall be corrected within a reasonable time. 18. Nothing in this Order shall require disclosure of information protected by the attorney-client privilege, or other privilege or immunity, and the inadvertent production of such information shall not operate as a waiver. If a Designating Party becomes aware that it has inadvertently produced information protected by the attorney-client privilege, or other privilege or immunity, the Designating Party will promptly notify each receiving party in writing of the inadvertent production. When a party receives notice of such inadvertent production, it shall return all copies of inadvertently produced material within three business days. Any notes or summaries referring or relating to any such inadvertently produced material subject to claim of privilege or immunity shall be destroyed forthwith. Nothing herein shall prevent the receiving party from challenging

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the propriety of the attorney-client privilege or work product immunity or other applicable privilege designation by submitting a challenge to the Court. The Designating Party bears the burden of establishing the privileged nature of any inadvertently produced information or material. Each receiving party shall refrain from distributing or otherwise using the inadvertently disclosed information or material for any purpose until any issue of privilege is resolved by agreement of the parties or by the Court. Notwithstanding the foregoing, a receiving party may use the inadvertently produced information or materials to respond to a motion by the Designating Party seeking return or destruction of such information or materials. If a receiving party becomes aware that it is in receipt of information or materials which it knows or reasonably should know is privileged, Counsel for the receiving party shall immediately take steps to (i) stop reading such information or materials, (ii) notify Counsel for the Designating Party of such information or materials, (iii) collect all copies of such information or materials, (iv) return such information or materials to the Designating Party, and (v) otherwise comport themselves with the applicable provisions of the Rules of Professional Conduct. 19. The foregoing is entirely without prejudice to the right of any party to apply to the Court for any further Protective Order relating to Designated Material; or to object to the production of Designated Material; or to apply to the Court for an order compelling production of Designated Material; or for modification of this Order; or to seek any other relief from the Court. 20. The restrictions imposed by this Order may be modified or terminated only by further order of the Court.

IT IS SO ORDERED,

/s/ Michael P. Shea Michael P. Shea United States District Judge

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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 entitled________________________ _______________________________have been designated as confidential. I have been informed that any such documents or information labeled “CONFIDENTIAL PRODUCED PURSUANT TO PROTECTIVE ORDER” 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: Signed in the presence of: _______________________________(Attorney)

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UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT

STANDING PROTECTIVE ORDER

1. It is hereby ordered by the Court that the following shall apply to information, documents, excerpts from documents, and other materials produced in this action pursuant to Federal and Local Rules of Civil Procedure governing disclosure and discovery. 2. Information, documents and other materials may be designated by the producing party in the manner permitted (“the Designating Person”). All such information, documents, excerpts from documents, and other materials will constitute “Designated Material” under this Order. The designation shall be either (a) “CONFIDENTIAL” or (b) CONFIDENTIAL-ATTORNEYS’ EYES ONLY.” This Order shall apply to Designated Material produced by any party or third-party in this action. 3. “CONFIDENTIAL” information means information, documents, or things that have not been made public by the disclosing party and that the disclosing party reasonably and in good faith believes contains or comprises (a) trade secrets, (b) proprietary business information, or (c) information implicating an individual’s legitimate expectation of privacy. 4. “CONFIDENTIAL-ATTORNEY’S EYES ONLY” means CONFIDENTIAL information that the disclosing party reasonably and in good faith believes is so highly sensitive that its disclosure to a competitor could result in significant competitive or commercial disadvantage to the designating party. 5. Designated Material shall not be used or disclosed for any purpose other than the litigation of this action and may be disclosed only as follows:

a. Parties: Material designated “CONFIDENTIAL” may be disclosed to parties to this action or directors, officers and employees of parties to this action, who have a legitimate need to see the information in connection with their responsibilities for overseeing the litigation or assisting counsel in preparing the action for trial or settlement. Before Designated Material is disclosed for this purpose, each such person must agree to be bound by this Order by signing a document substantially in the form of Exhibit A.

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b. Witnesses or Prospective Witnesses: Designated Material, including material designated “CONFIDENTIAL-ATTORNEYS’ EYES ONLY,” may be disclosed to a witness or prospective witness in this action, but only for purposes of testimony or preparation of testimony in this case, whether at trial, hearing, or deposition, but it may not be retained by the witness or prospective witness. Before Designated Material is disclosed for this purpose, each such person must agree to be bound by this Order, by signing a document substantially in the form of Exhibit A.

c. Outside Experts: Designated Material, including material designated

“CONFIDENTIAL-ATTORNEYS’ EYES ONLY,” may be disclosed to an outside expert for the purpose of obtaining the expert’s assistance in the litigation. Before Designated Material is disclosed for this purpose, each such person must agree to be bound by this Order, by signing a document substantially in the form of Exhibit A.

d. Counsel: Designated Material, including material designated “CONFIDENTIAL-

ATTORNEYS’ EYES ONLY,” may be disclosed to counsel of record and in-house counsel for parties to this action and their associates, paralegals, and regularly employed office staff.

e. Other Persons: Designated Material may be provided as necessary to copying

services, translators, and litigation support firms. Before Designated Material is disclosed to such third parties, each such person must agree to be bound by this Order by signing a document substantially in the form of Exhibit A.

6. Prior to disclosing or displaying any Designated Material to any person, counsel shall:

a. Inform the person of the confidential nature of the Designated Material; and b. Inform the person that this Court has enjoined the use of the Designated

Material by him/her for any purpose other than this litigation and has enjoined the disclosure of that information or documents to any other person.

7. The confidential information may be displayed to and discussed with the persons identified in Paragraphs 5(b) and (c) only on the condition that, prior to any such display or discussion, each such person shall be asked to sign an agreement to be bound by this Order in the form attached hereto as Exhibit A. In the event such person refuses to

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sign an agreement in substantially the form attached as Exhibit A, the party desiring to disclose the confidential information may seek appropriate relief from the Court. 8. A person having custody of Designated Material shall maintain it in a manner that limits access to the Designated Material to persons permitted such access under this Order. 9. Counsel shall maintain a collection of all signed documents by which persons have agreed to be bound by this Order. 10. Documents shall be designated by stamping or otherwise marking the documents with the words “CONFIDENTIAL” or “CONFIDENTIAL-FOR ATTORNEYS’ EYES ONLY” thus clearly identifying the category of Designated Material for which protection is sought under the terms of this Order. Designated Material not reduced to documentary form shall be designated by the producing party in a reasonably equivalent way. 11. The parties will use reasonable care to avoid designating as confidential documents or information that does not need to be designated as such. 12. A party may submit a request in writing to the party who produced Designated Material that the designation be modified or withdrawn. If the Designating Person does not agree to the redesignation within fifteen business days, the objecting party may apply to the Court for relief. Upon any such application, the burden shall be on the Designating Person to show why the designation is proper. Before serving a written challenge, the objecting party must attempt in good faith to meet and confer with the Designating Person in an effort to resolve the matter. The Court may award sanctions if it finds that a party’s position was taken without substantial justification. 13. Deposition transcripts or portions thereof may be designated either (a) when the testimony is recorded, or (b) by written notice to all counsel of record, given within ten business days after the Designating Person’s receipt of the transcript in which case all counsel receiving such notice shall be responsible for marking the copies of the designated transcript or portion thereof in their possession or control as directed by the Designating Person. Pending expiration of the ten business days, the deposition transcript shall be treated as designated. When testimony is designated at a deposition, the Designating Person may exclude from the deposition all persons other than those to whom the Designated Material may be disclosed under paragraph 5 of this Order. Any party may mark Designated Material as a deposition exhibit, provided the deposition witness is one to whom the exhibit may be disclosed under paragraph 5 of this Order

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and the exhibit and related transcript pages receive the same confidentiality designation as the original Designated Material. 14. Any Designated Material which becomes part of an official judicial proceeding or which is filed with the Court is public. Such Designated Material will be sealed by the Court only upon motion and in accordance with applicable law, including Rule 5(e) of the Local Rules of this Court. This Protective Order does not provide for the automatic sealing of such Designated Material. If it becomes necessary to file Designated Material with the Court, a party must comply with Local Civil Rule 5 by moving to file the Designated Material under seal. 15. Filing pleadings or other papers disclosing or containing Designated Material does not waive the designated status of the material. The Court will determine how Designated Material will be treated during trial and other proceedings as it deems appropriate. 16. Upon final termination of this action, all Designated Material and copies thereof shall be returned promptly (and in no event later than forty-five (45) days after entry of final judgment), returned to the producing party, or certified as destroyed to counsel of record for the party that produced the Designated Material, or, in the case of deposition testimony regarding designated exhibits, counsel of record for the Designating Person. Alternatively, the receiving party shall provide to the Designating Person a certification that all such materials have been destroyed. 17. Inadvertent production of confidential material prior to its designation as such in accordance with this Order shall not be deemed a waiver of a claim of confidentiality. Any such error shall be corrected within a reasonable time. 18. Nothing in this Order shall require disclosure of information protected by the attorney-client privilege, or other privilege or immunity, and the inadvertent production of such information shall not operate as a waiver. If a Designating Party becomes aware that it has inadvertently produced information protected by the attorney-client privilege, or other privilege or immunity, the Designating Party will promptly notify each receiving party in writing of the inadvertent production. When a party receives notice of such inadvertent production, it shall return all copies of inadvertently produced material within three business days. Any notes or summaries referring or relating to any such inadvertently produced material subject to claim of privilege or immunity shall be destroyed forthwith. Nothing herein shall prevent the receiving party from challenging the propriety of the attorney-client privilege or work product immunity or other applicable privilege designation by submitting a challenge to the Court. The Designating Party

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bears the burden of establishing the privileged nature of any inadvertently produced information or material. Each receiving party shall refrain from distributing or otherwise using the inadvertently disclosed information or material for any purpose until any issue of privilege is resolved by agreement of the parties or by the Court. Notwithstanding the foregoing, a receiving party may use the inadvertently produced information or materials to respond to a motion by the Designating Party seeking return or destruction of such information or materials. If a receiving party becomes aware that it is in receipt of information or materials which it knows or reasonably should know is privileged, Counsel for the receiving party shall immediately take steps to (i) stop reading such information or materials, (ii) notify Counsel for the Designating Party of such information or materials, (iii) collect all copies of such information or materials, (iv) return such information or materials to the Designating Party, and (v) otherwise comport themselves with the applicable provisions of the Rules of Professional Conduct. 19. The foregoing is entirely without prejudice to the right of any party to apply to the Court for any further Protective Order relating to Designated Material; or to object to the production of Designated Material; or to apply to the Court for an order compelling production of Designated Material; or for modification of this Order; or to seek any other relief from the Court. 20. The restrictions imposed by this Order may be modified or terminated only by further order of the Court.

IT IS SO ORDERED,

/s/ Stefan R. Underhill Stefan R. Underhill United States District Judge

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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 entitled________________________ _______________________________have been designated as confidential. I have been informed that any such documents or information labeled “CONFIDENTIAL PRODUCED PURSUANT TO PROTECTIVE ORDER” 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: Signed in the presence of: (Attorney)

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UNITED STATES DISTRICT COURT

DISTRICT OF CONNECTICUT

STANDING PROTECTIVE ORDER

1. It is hereby ordered by the Court that the following shall apply to information, documents, excerpts from documents, and other materials produced in this action pursuant to Federal and Local Rules of Civil Procedure governing disclosure and discovery.

2. Information, documents and other materials may be designated by the producing

party in the manner permitted (“the Designating Person”). All such information,

documents, excerpts from documents, and other materials will constitute “Designated

Material” under this Order. The designation shall be either (a) “CONFIDENTIAL” or (b)

CONFIDENTIAL-ATTORNEYS’ EYES ONLY.” This Order shall apply to Designated

Material produced by any party or third-party in this action.

3. “CONFIDENTIAL” information means information, documents, or things that have

not been made public by the disclosing party and that the disclosing party reasonably

and in good faith believes contains or comprises (a) trade secrets, (b) proprietary

business information, or (c) information implicating an individual’s legitimate expectation

of privacy.

4. “CONFIDENTIAL-ATTORNEY’S EYES ONLY” means CONFIDENTIAL

information that the disclosing party reasonably and in good faith believes is so highly

sensitive that its disclosure to a competitor could result in significant competitive or

commercial disadvantage to the designating party.

5. Designated Material shall not be used or disclosed for any purpose other than

the litigation of this action and may be disclosed only as follows:

a. Parties: Material designated “CONFIDENTIAL” may be disclosed to parties to

this action or directors, officers and employees of parties to this action, who have

a legitimate need to see the information in connection with their responsibilities

for overseeing the litigation or assisting counsel in preparing the action for trial or

settlement. Before Designated Material is disclosed for this purpose, each such

person must agree to be bound by this Order by signing a document substantially

in the form of Exhibit A.

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b. Witnesses or Prospective Witnesses: Designated Material, including material

designated “CONFIDENTIAL-ATTORNEYS’ EYES ONLY,” may be disclosed to

a witness or prospective witness in this action, but only for purposes of testimony

or preparation of testimony in this case, whether at trial, hearing, or deposition,

but it may not be retained by the witness or prospective witness. Before

Designated Material is disclosed for this purpose, each such person must agree

to be bound by this Order, by signing a document substantially in the form of

Exhibit A.

c. Outside Experts: Designated Material, including material designated

“CONFIDENTIAL-ATTORNEYS’ EYES ONLY,” may be disclosed to an outside

expert for the purpose of obtaining the expert’s assistance in the litigation.

Before Designated Material is disclosed for this purpose, each such person must

agree to be bound by this Order, by signing a document substantially in the form

of Exhibit A.

d. Counsel: Designated Material, including material designated “CONFIDENTIAL-

ATTORNEYS’ EYES ONLY,” may be disclosed to counsel of record and in-

house counsel for parties to this action and their associates, paralegals, and

regularly employed office staff.

e. Other Persons: Designated Material may be provided as necessary to copying

services, translators, and litigation support firms. Before Designated Material is

disclosed to such third parties, each such person must agree to be bound by this

Order by signing a document substantially in the form of Exhibit A.

6. Prior to disclosing or displaying any Designated Material to any person, counsel

shall:

a. Inform the person of the confidential nature of the Designated Material; and

b. Inform the person that this Court has enjoined the use of the Designated

Material by him/her for any purpose other than this litigation and has enjoined

the disclosure of that information or documents to any other person.

7. The confidential information may be displayed to and discussed with the persons

identified in Paragraphs 5(b) and (c) only on the condition that, prior to any such display

or discussion, each such person shall be asked to sign an agreement to be bound by

this Order in the form attached hereto as Exhibit A. In the event such person refuses to

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sign an agreement in substantially the form attached as Exhibit A, the party desiring to

disclose the confidential information may seek appropriate relief from the Court.

8. A person having custody of Designated Material shall maintain it in a manner that

limits access to the Designated Material to persons permitted such access under this

Order.

9. Counsel shall maintain a collection of all signed documents by which persons

have agreed to be bound by this Order.

10. Documents shall be designated by stamping or otherwise marking the

documents with the words “CONFIDENTIAL” or “CONFIDENTIAL-FOR ATTORNEYS’

EYES ONLY” thus clearly identifying the category of Designated Material for which

protection is sought under the terms of this Order. Designated Material not reduced to

documentary form shall be designated by the producing party in a reasonably

equivalent way.

11. The parties will use reasonable care to avoid designating as confidential

documents or information that does not need to be designated as such.

12. A party may submit a request in writing to the party who produced Designated

Material that the designation be modified or withdrawn. If the Designating Person does

not agree to the redesignation within fifteen business days, the objecting party may

apply to the Court for relief. Upon any such application, the burden shall be on the

Designating Person to show why the designation is proper. Before serving a written

challenge, the objecting party must attempt in good faith to meet and confer with the

Designating Person in an effort to resolve the matter. The Court may award sanctions if

it finds that a party’s position was taken without substantial justification.

13. Deposition transcripts or portions thereof may be designated either (a) when the

testimony is recorded, or (b) by written notice to all counsel of record, given within ten

business days after the Designating Person’s receipt of the transcript in which case all

counsel receiving such notice shall be responsible for marking the copies of the

designated transcript or portion thereof in their possession or control as directed by the

Designating Person. Pending expiration of the ten business days, the deposition

transcript shall be treated as designated. When testimony is designated at a deposition,

the Designating Person may exclude from the deposition all persons other than those to

whom the Designated Material may be disclosed under paragraph 5 of this Order. Any

party may mark Designated Material as a deposition exhibit, provided the deposition

witness is one to whom the exhibit may be disclosed under paragraph 5 of this Order

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and the exhibit and related transcript pages receive the same confidentiality designation

as the original Designated Material.

14. Any Designated Material which becomes part of an official judicial proceeding or

which is filed with the Court is public. Such Designated Material will be sealed by the

Court only upon motion and in accordance with applicable law, including Rule 5(e) of

the Local Rules of this Court. This Protective Order does not provide for the automatic

sealing of such Designated Material. If it becomes necessary to file Designated

Material with the Court, a party must comply with Local Civil Rule 5 by moving to file the

Designated Material under seal.

15. Filing pleadings or other papers disclosing or containing Designated Material

does not waive the designated status of the material. The Court will determine how

Designated Material will be treated during trial and other proceedings as it deems

appropriate.

16. Upon final termination of this action, all Designated Material and copies thereof

shall be returned promptly (and in no event later than forty-five (45) days after entry of

final judgment), returned to the producing party, or certified as destroyed to counsel of

record for the party that produced the Designated Material, or, in the case of deposition

testimony regarding designated exhibits, counsel of record for the Designating Person.

Alternatively, the receiving party shall provide to the Designating Person a certification

that all such materials have been destroyed.

17. Inadvertent production of confidential material prior to its designation as such in

accordance with this Order shall not be deemed a waiver of a claim of confidentiality.

Any such error shall be corrected within a reasonable time.

18. Nothing in this Order shall require disclosure of information protected by the

attorney-client privilege, or other privilege or immunity, and the inadvertent production of

such information shall not operate as a waiver. If a Designating Party becomes aware

that it has inadvertently produced information protected by the attorney-client privilege,

or other privilege or immunity, the Designating Party will promptly notify each receiving

party in writing of the inadvertent production. When a party receives notice of such

inadvertent production, it shall return all copies of inadvertently produced material within

three business days. Any notes or summaries referring or relating to any such

inadvertently produced material subject to claim of privilege or immunity shall be

destroyed forthwith. Nothing herein shall prevent the receiving party from challenging

the propriety of the attorney-client privilege or work product immunity or other applicable

privilege designation by submitting a challenge to the Court. The Designating Party

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bears the burden of establishing the privileged nature of any inadvertently produced

information or material. Each receiving party shall refrain from distributing or otherwise

using the inadvertently disclosed information or material for any purpose until any issue

of privilege is resolved by agreement of the parties or by the Court. Notwithstanding the

foregoing, a receiving party may use the inadvertently produced information or materials

to respond to a motion by the Designating Party seeking return or destruction of such

information or materials. If a receiving party becomes aware that it is in receipt of

information or materials which it knows or reasonably should know is privileged,

Counsel for the receiving party shall immediately take steps to (i) stop reading such

information or materials, (ii) notify Counsel for the Designating Party of such information

or materials, (iii) collect all copies of such information or materials, (iv) return such

information or materials to the Designating Party, and (v) otherwise comport themselves

with the applicable provisions of the Rules of Professional Conduct. 19. The foregoing is entirely without prejudice to the right of any party to apply to the

Court for any further Protective Order relating to Designated Material; or to object to the

production of Designated Material; or to apply to the Court for an order compelling

production of Designated Material; or for modification of this Order; or to seek any other

relief from the Court.

20. The restrictions imposed by this Order may be modified or terminated only by

further order of the Court.

IT IS SO ORDERED,

/s/ Victor A. Bolden Victor A. Bolden United States District Judge

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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 entitled have been designated as confidential. I have been informed that any such documents or information labeled “CONFIDENTIAL PRODUCED PURSUANT TO PROTECTIVE ORDER” 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:

Signed in the presence of:

(Attorney)

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Hon. Jeffrey Alker Meyer, U.S. District Judge INSTRUCTIONS FOR DISCOVERY DISPUTES

All discovery issues should be resolved in good faith by counsel in accordance with their

obligations to the Court under the Federal Rules of Civil Procedure and the Local Rules of the

District of Connecticut. Before filing any motion relating to discovery, the parties are required to

confer jointly with the Court by telephone and must comply with the following requirements:

1. Counsel for parties to discovery disputes must jointly contact Judge Meyer’s Chambers to set up a date and time for the telephonic conference. Except in extraordinary circumstances, Chambers staff will not entertain a request to schedule a telephonic conference unless counsel for all parties to the discovery dispute are on the telephone when the request is made to Chambers so that a date and time for the conference can be mutually selected at that time.

2. Before contacting Chambers to schedule a telephonic discovery conference, counsel for

parties to any discovery dispute are required by Rule 37(a)(1) of the Federal Rules of Civil Procedure and Local Rule 37(a) to have conferred with one another and to have made a good faith effort to eliminate or reduce the area of controversy. Judge Meyer interprets these rules to require counsel to confer either by meeting in person or by telephone; mere exchanges of email, voicemail, or correspondence are not sufficient in and of themselves to satisfy counsel’s good faith conference obligations. At the outset of the telephonic discovery conference, Judge Meyer will require counsel for each party to the discovery dispute to certify orally that they have complied with their good faith conference obligations under the Federal Rules and Local Rules.

3. Before seeking a telephonic discovery conference, counsel for all parties to a discovery

dispute must also agree upon the issues that they intend to raise with Judge Meyer and inform Chambers of those issues at the time the telephonic conference is scheduled. If the parties cannot in good faith agree upon the issues to be raised with Judge Meyer, they shall so notify Chambers when they request a telephonic discovery conference.

4. If the dispute involves a written interrogatory, request for production, request for

admission, deposition notice and/or subpoena (the “discovery request”), counsel for the party who served the discovery request at issue will, immediately following the telephone call requesting the conference, provide Chambers via facsimile or e-mail with a copy of the particular discovery request at issue and the opposing party’s written response to that particular request. All such communications must be copied to opposing counsel. Judge Meyer does not need the entire discovery request and response but requires only the particular portions of the discovery request and response at issue. Before sending a copy of the disputed request(s) and response(s) to Chambers, counsel for the party seeking to send the disputed request must inform Chambers of counsel’s intent to send Chambers a copy of the disputed request.

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(Rev. 1/7/13)

5. Other than the request at issue, Judge Meyer does not wish to receive any briefs,

documents, deposition transcripts, correspondence or written argument regarding the discovery issue in dispute. If Judge Meyer wishes to receive briefing or other papers, he will alert the parties and establish a briefing schedule during the telephonic discovery conference.

6. Counsel should agree in advance on which party will be responsible for instituting the

telephonic discovery conference. Counsel should not contact Judge Meyer’s Chambers until counsel for all parties to the discovery dispute are on the telephone. Failure to participate in a scheduled telephonic discovery conference may result in the imposition of sanctions.

7. Should the Court issue any order following the telephonic conference, the party against

whom the order is directed shall comply within 14 days pursuant to Local Rule 37(d).

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INSTRUCTIONS FOR DISCOVERY DISPUTES

Unless Judge Shea orders otherwise in a particular case, these instructions apply to all cases

in which all parties are represented by counsel.

All discovery issues should be resolved in good faith by counsel in accordance with their

obligations to the Court under the Federal Rules of Civil Procedure and the District’s Local Rules.

Before filing any motion relating to discovery, the parties are required to comply with the

following requirements:

1. Counsel for parties to discovery disputes must jointly contact Judge Shea’s Chambers by telephone to notify the Court that a dispute exists and provide a brief oral description of the nature of the dispute. Except in extraordinary circumstances, Chambers staff will not entertain such a communication unless counsel for all parties to the discovery dispute are on the telephone when the call is made to Chambers.

2. Within three (3) days of counsel contacting Chambers to notify the Court of the existence

of a dispute, each party must provide Chambers via e-mail with a written submission summarizing the nature of the dispute and briefly explaining its position. The written submission shall take the form of a letter and shall be no more than two pages in length. All such communications must be copied to opposing counsel and must include the certification discussed in paragraph 6 below.

3. If the dispute involves a written interrogatory, request for production, request for

admission, deposition notice and/or subpoena (the “discovery request”), counsel for the party who served the discovery request at issue will, along with the written submission, provide Chambers via e-mail with a copy of the particular discovery request at issue and the opposing party’s written response to that particular request. Judge Shea does not need the entire discovery request and response but requires only the particular portions of the discovery request and response at issue.

4. Other than the written submission and any discovery requests and responses at issue, Judge

Shea does not require, and does not want, counsel for the parties to provide him with any briefs, documents, deposition transcripts, correspondence or written argument regarding the discovery issue in dispute.

5. Following a review of the written submission and any discovery requests and responses at

issue, the Court will determine whether additional steps, such as a telephonic conference with the Court or additional briefing, are necessary for the Court to resolve the discovery dispute. In some cases, the Court may determine that no additional input is needed and issue an order based only on the letters and relevant discovery requests and objections submitted by the parties. Any such order will reflect the input received from the parties

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(Rev. 2.3.17)

and will include the letters and any discovery requests submitted as attachments to ensure that the parties’ arguments are preserved on the record. In effect, the order will construe the filings as a discovery motion and resolve the motion.

6. Before contacting Chambers to notify the Court of a discovery dispute, counsel for parties

to any discovery dispute are required by Rule 37(a)(1) of the Federal Rules of Civil Procedure and Local Rule 37(a) to have conferred with one another and to have made a good faith effort to eliminate or reduce the area of controversy. All discovery issues should be resolved in good faith by counsel in accordance with their obligations to the Court under the Federal Rules of Civil Procedure and the District’s Local Rules. Judge Shea interprets the good faith conference obligation of the Federal Rules and Local Rules to require counsel to confer either face-to-face or by telephone; exchanges of correspondence are not sufficient in and of themselves to satisfy counsel’s good faith conference obligations. All written submissions describing the nature of the dispute submitted to the Court must include a written certification by each party that they have complied with their good faith conference obligations under the Federal Rules and Local Rules.

7. Before notifying the Court of a discovery dispute, counsel for all parties to a discovery

dispute must also agree upon the issues that they intend to raise with Judge Shea and inform Chambers of those issues at the time of the notification. If the parties cannot in good faith agree upon the issues to be raised with Judge Shea, they shall so notify Chambers.

8. Should the Court schedule a telephonic conference to discuss the dispute with the parties,

counsel should agree in advance on which party will be responsible for initiating the telephonic discovery conference. Counsel should not contact Judge Shea’s Chambers until counsel for all parties to the discovery dispute are on the telephone. Failure to participate in a scheduled telephonic discovery conference may result in the imposition of sanctions.

9. Should the Court issue any order following the telephonic conference, the party against

whom the order is directed shall comply within 14 days pursuant to Local Rule 37(d), unless otherwise ordered by the Court.

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UNITED STATES DISTRICT COURTDISTRICT OF CONNECTICUT

RULES FOR DISCOVERY CONFERENCES IN CASES BEFORE JUDGE CHATIGNY

The standard scheduling order in cases assigned to Judge Chatigny provides as follows:

"All discovery issues should be resolved in good faith by counsel in accordance with their

obligations under the Federal and Local Rules of Civil Procedure. Before filing any motion

relating to discovery, the parties are required to jointly confer with the Court by telephone, 860-

240-3659."

When counsel want to confer with Judge Chatigny regarding discovery disputes, the

following rules apply:

1. Counsel must jointly contact Chambers to arrange a date and time for a conference. Counselfor all parties to the discovery dispute must be on the telephone when the request is made toChambers.

2. Before contacting Chambers to schedule a conference, counsel are required by Rule 37(a)(2)of the Federal Rules of Civil Procedure and Local Civil Rule 37(a)(2) to confer and make a goodfaith effort to eliminate or reduce the area of controversy. All discovery issues should beresolved in good faith by counsel in accordance with their obligations under these Rules. JudgeChatigny interprets the good faith conference obligation to require counsel to confer face-to-faceor by telephone; exchanges of correspondence are not sufficient to satisfy counsel's good faithconference obligations.

3. Before seeking a discovery conference, counsel for all parties to the discovery dispute mustagree on the issues they intend to raise and inform Chambers of those issues at the time theconference is scheduled. If the parties cannot in good faith agree on the issues to be raised, theymust notify Chambers when they request a conference.

4. If the dispute involves an interrogatory, request for production, request for admission,deposition notice or subpoena (the "discovery request"), counsel for the party who served thediscovery request will, immediately following the telephone call requesting the conference,provide Chambers via email with a copy of the discovery request and the opposing party'swritten response to that request. Judge Chatigny does not need the entire discovery request andresponse but requires only the particular portions of the discovery request and response at issue.

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5. No materials will be submitted in advance of the conference other than the discovery requestat issue. If Judge Chatigny requires briefs or other papers, a briefing schedule will be set duringthe conference.

6. Counsel must agree in advance on which party will be responsible for initiating the telephonecall to Chambers for the conference. Counsel should not contact Chambers until all counsel areon the telephone..

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1

INITIAL DISCOVERY PROTOCOLS FOR EMPLOYMENT CASES ALLEGING ADVERSE ACTION

Effective December 1, 2012

PART I: INTRODUCTION In applicable employment cases alleging adverse action, Judge Underhill requires the parties to utilize the following Initial Discovery Protocols which have been endorsed by the Civil Rules Advisory Committee and are designed to achieve the goal of more efficient and targeted discovery. This discovery shall be responded to without objections (except attorney-client privilege and work product). These Initial Discovery Protocols are not intended to preclude or to modify the rights of any party for discovery as provided by the Federal Rules of Civil Procedure or other applicable local rules, but they are intended to supersede the parties' obligations to make initial disclosures pursuant to F.R.C.P. 26(a)(l). The purpose of the initial protocols is to encourage parties and their counsel to exchange the most relevant information and documents early in the case, to assist in framing the issues to be resolved and to plan for more efficient and targeted discovery. These initial discovery protocols will apply to all employment cases that challenge one or more actions alleged to be adverse, except:

A. Class actions B. Cases in which the allegations involve only the following:

1. discrimination in hiring, 2. harassment/hostile work environment, 3. violations of wage and hour laws under the Fair Labor Standards Act (FLSA), 4. failure to provide reasonable accommodations under the Americans with

Disabilities Act (ADA), 5. violations of the Family Medical Leave Act (FMLA), and 6. violations of the Employee Retirement Income Security Act (ERISA).

Any party who believes that there is good cause why a particular case should be exempted, in whole or in part, from these protocols may seek exemption by motion.

PART II: DEFINITIONS AND INSTRUCTIONS

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2

(1) The following definitions apply to cases proceeding under the Initial Discovery Protocols a. Concerning. The term "concerning" means referring to, describing, evidencing, or

constituting. b. Document. The terms "document" and "documents" are defined to be

synonymous in meaning and equal in scope to the terms "documents" and "electronically stored information" as used in F.R.C.P. 34(a).

c. Identify (Documents). When referring to documents, to "identify" means to give, to the extent known: (i) the type of document; (ii) the general subject matter of the document; (iii) the date of the document; (iv) the author(s), according to the document; and (v) the person(s) to whom, according to the document, the document (or a copy) was to have been sent; or, alternatively, to produce the document.

d. Identify (Persons). When referring to natural persons, to "identify" means to give the person's: (i) full name; (ii) present or last known address and telephone number; (iii) present or last known place of employment; (iv) present or last known job title; and (v) relationship, if any, to the plaintiff or defendant. Once a person has been identified in accordance with this subparagraph, only the name of that person need be listed in response to subsequent discovery requesting the identification of that person.

(2) Instructions

a. For this Initial Discovery, the relevant time period begins three years before the date of the adverse action, unless otherwise specified.

b. This Initial Discovery is not subject to objections except upon the grounds set forth in F.R.C.P. 26(b)(2)(B).

c. If a partial or incomplete answer or production is provided, the responding party shall state the reason that the answer or production is partial or incomplete.

d. This Initial Discovery is subject to F.R.C.P. 26(e) regarding supplementation and F.R.C.P. 26(g) regarding certification of responses.

e. This Initial Discovery is subject to F.R.C.P. 34(b)(2)(E) regarding form of production.

PART III: PRODUCTION BY PLAINTIFF (1) Timing

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3

a. The plaintiff’s Initial Discovery shall be provided within 30 days after the defendant has submitted a responsive pleading or motion, unless the Court rules otherwise.

(2) Documents that Plaintiff must produce to Defendant

a. All communications concerning the factual allegations or claims at issue in this lawsuit between the plaintiff and the defendant.

b. Claims, lawsuits, administrative charges, and complaints by the plaintiff that rely upon any of the same factual allegations or claims as those at issue in this lawsuit.

c. Documents concerning the formation and termination, if any, of the employment relationship at issue in this lawsuit, irrespective of the relevant time period.

d. Documents concerning the terms and conditions of the employment relationship at issue in this lawsuit.

e. Diary, journal, and calendar entries maintained by the plaintiff concerning the factual allegations or claims at issue in this lawsuit.

f. The plaintiff’s current resume(s). g. Documents in the possession of the plaintiff concerning claims for unemployment

benefits, unless production is prohibited by applicable law. h. Documents concerning: (i) communications with potential employers; (ii) job

search efforts; and (iii) offer(s) of employment, job description(s), and income and benefits of subsequent employment. The defendant shall not contact or subpoena a prospective or current employer to discover information about the plaintiff's claims without first providing the plaintiff 30 days’ notice and an opportunity to file a motion for a protective order or a motion to quash such subpoena. If such a motion is filed, contact will not be initiated or the subpoena will not be served until the motion is ruled upon.

i. Documents concerning the termination of any subsequent employment. j. Any other document(s) upon which the plaintiff relies to support the plaintiff's

claims. (3) Information that Plaintiff must produce to Defendant

a. Identify persons the plaintiff believes to have knowledge of the facts concerning the claims or defenses at issue in this lawsuit, and a brief description of that knowledge.

b. Describe the categories of damages the plaintiff claims. c. State whether the plaintiff has applied for disability benefits and/or social security

disability benefits after the adverse action, whether any application has been

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4

granted, and the nature of the award, if any. Identify any document concerning any such application.

PART IV: PRODUCTION BY DEFENDANT (1) Timing

a. The defendant's Initial Discovery shall be provided within 30 days after the defendant has submitted a responsive pleading or motion, unless the Court rules otherwise.

(2) Documents that Defendant must produce to Plaintiff

a. All communications concerning the factual allegations or claims at issue in this lawsuit among or between:

i. the plaintiff and the defendant, and ii. the plaintiff's manager(s), and/or supervisor(s), and/or the defendant's

human resources representative(s). b. Responses to claims, lawsuits, administrative charges, and complaints by the

plaintiff that rely upon any of the same factual allegations or claims as those at issue in this lawsuit.

c. Documents concerning the formation and termination, if any, of the employment relationship at issue in this lawsuit, irrespective of the relevant time period.

d. The plaintiff’s personnel file, in any form, maintained by the defendant, including files concerning the plaintiff maintained by the plaintiffs supervisor(s), manager(s), or the defendant's human resources representative(s), irrespective of the relevant time period.

e. The plaintiff’s performance evaluations and formal discipline. f. Documents relied upon to make the employment decision(s) at issue in this

lawsuit. g. Workplace policies or guidelines relevant to the adverse action in effect at the

time of the adverse action. Depending upon the case, those may include policies or guidelines that address:

i. discipline, ii. termination of employment, iii. promotion, iv. discrimination, v. performance reviews or evaluations, vi. misconduct, vii. retaliation, and

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5

viii. nature of the employment relationship.

h. The table of contents and index of any employee handbook, code of conduct, or policies and procedures manual in effect at the time of the adverse action.

i. Job description(s) for the position(s) that the plaintiff held. j. Documents showing the plaintiff’s compensation and benefits. Those normally

include retirement plan benefits, fringe benefits, employee benefit summary plan descriptions, and summaries of compensation.

k. Agreements between the plaintiff and the defendant to waive jury trial rights or to arbitrate disputes.

l. Documents concerning investigation(s) of any complaint(s) about the plaintiff or made by the plaintiff, if relevant to the plaintiff’s factual allegations or claims at issue in this lawsuit and not otherwise privileged.

m. Documents in the possession of the defendant and/or the defendant's agent(s) concerning claims for unemployment benefits unless production is prohibited by applicable law.

n. Any other document(s) upon which the defendant relies to support the defenses, affirmative defenses, and counterclaims, including any other document(s) describing the reasons for the adverse action.

(3) Information that Defendant must produce to Plaintiff

a. Identify the plaintiff’s supervisor(s) and/or manager(s). b. Identify person(s) presently known to the defendant who were involved in making

the decision to take the adverse action. c. Identify persons the defendant believes to have knowledge of the facts

concerning the claims or defenses at issue in this lawsuit, and a brief description of that knowledge.

d. State whether the plaintiff has applied for disability benefits and/or social security disability benefits after the adverse action. State whether the defendant has provided information to any third party concerning the application(s). Identify any documents concerning any such application or any such information provided to a third party.

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INITIAL DISCOVERY PROTOCOLS

FOR EMPLOYMENT CASES ALLEGING ADVERSE ACTION

Effective May 01, 2012

PART 1: INTRODUCTION. In applicable employment cases alleging adverse action, Judge Arterton requires the parties to

utilize the following Initial Discovery Protocols which have been endorsed by the Civil Rules

Advisory Committee and are designed to achieve the goal of more efficient and targeted discovery.

This discovery shall be responded to without objections (except attorney-client privilege and work

product).

These Initial Discovery Protocols are not intended to preclude or to modify the rights of any party

for discovery as provided by the Federal Rules of Civil Procedure or other applicable local rules,

but they are intended to supersede the parties' obligations to make initial disclosures pursuant to

F.R.C.P. 26(a)(l). The purpose of the initial protocols is to encourage parties and their counsel to

exchange the most relevant information and documents early in the case, to assist in framing the

issues to be resolved and to plan for more efficient and targeted discovery.

These initial discovery protocols will apply to all employment cases that challenge one or more

actions alleged to be adverse, except:

i. Class actions;

ii. Cases in which the allegations involve only the following:

1. Discrimination in hiring;

2. Harassment/hostile work environment;

3. Violations of wage and hour laws under the Fair Labor Standards

Act (FLSA);

4. Failure to provide reasonable accommodations under the

Americans with Disabilities Act (ADA);

5. Violations of the Family Medical Leave Act (FMLA);

6. Violations of the Employee Retirement Income Security Act

(ERISA).

Any party who believes that there is good cause why a particular case should be exempted, in whole

or in part, from these protocols may seek exemption by motion.

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PART 2: DEFINITIONS AND INSTRUCTIONS.

(1) The following definitions apply to cases proceeding under the Initial Discovery

Protocols.

a. Concerning. The term "concerning" means referring to, describing, evidencing,

or constituting.

b. Document. The terms "document" and "documents" are defined to be

synonymous in meaning and equal in scope to the terms "documents" and

"electronically stored information" as used in F.R.C.P. 34(a).

c. Identify (Documents). When referring to documents, to "identify" means to give,

to the extent known: (i) the type of document; (ii) the general subject matter of the

document; (iii) the date of the document; (iv) the author(s), according to the

document; and (v) the person(s) to whom, according to the document, the

document (or a copy) was to have been sent; or, alternatively, to produce the

document.

d. Identify (Persons). When referring to natural persons, to "identify" means to give

the person's: (i) full name; (ii) present or last known address and telephone

number; (iii) present or last known place of employment; (iv) present or last

known job title; and (v) relationship, if any, to the plaintiff or defendant. Once a

person has been identified in accordance with this subparagraph, only the name of

that person need be listed in response to subsequent discovery requesting the

identification of that person.

(2) Instructions.

a. For this Initial Discovery, the relevant time period begins three years before the

date of the adverse action, unless otherwise specified.

b. This Initial Discovery is not subject to objections except upon the grounds set

forth in F.R.C.P. 26(b)(2)(B).

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c. If a partial or incomplete answer or production is provided, the responding party

shall state the reason that the answer or production is partial or incomplete.

d. This Initial Discovery is subject to F.R.C.P. 26(e) regarding supplementation and

F.R.C.P. 26(g) regarding certification of responses.

e. This Initial Discovery is subject to F.R.C.P. 34(b)(2)(E) regarding form of

production.

PART 3: PRODUCTION BY PLAINTIFF. (1) Timing.

a. The plaintiff’s Initial Discovery shall be provided within 30 days after the

defendant has submitted a responsive pleading or motion, unless the Court rules

otherwise.

(2) Documents that Plaintiff must produce to Defendant.

a. All communications concerning the factual allegations or claims at issue in this

lawsuit between the plaintiff and the defendant.

b. Claims, lawsuits, administrative charges, and complaints by the plaintiff that rely

upon any of the same factual allegations or claims as those at issue in this lawsuit.

c. Documents concerning the formation and termination, if any, of the employment

relationship at issue in this lawsuit, irrespective of the relevant time period.

d. Documents concerning the terms and conditions of the employment relationship

at issue in this lawsuit.

e. Diary, journal, and calendar entries maintained by the plaintiff concerning the

factual allegations or claims at issue in this lawsuit.

f. The plaintiff’s current resume(s).

g. Documents in the possession of the plaintiff concerning claims for unemployment

benefits, unless production is prohibited by applicable law.

h. Documents concerning: (i) communications with potential employers; (ii) job

search efforts; and (iii) offer(s) of employment, job description(s), and income

and benefits of subsequent employment. The defendant shall not contact or

subpoena a prospective or current employer to discover information about the

plaintiff's claims without first providing the plaintiff 30 days notice and an

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opportunity to file a motion for a protective order or a motion to quash such

subpoena. If such a motion is filed, contact will not be initiated or the subpoena

will not be served until the motion is ruled upon.

i. Documents concerning the termination of any subsequent employment.

j. Any other document(s) upon which the plaintiff relies to support the plaintiff's

claims.

(3) Information that Plaintiff must produce to Defendant.

a. Identify persons the plaintiff believes to have knowledge of the facts concerning

the claims or defenses at issue in this lawsuit, and a brief description of that

knowledge.

b. Describe the categories of damages the plaintiff claims.

c. State whether the plaintiff has applied for disability benefits and/or social security

disability benefits after the adverse action, whether any application has been

granted, and the nature of the award, if any. Identify any document concerning

any such application.

PART 4: PRODUCTION BY DEFENDANT.

(1) Timing.

a. The defendant's Initial Discovery shall be provided within 30 days after the

defendant has submitted a responsive pleading or motion, unless the Court rules

otherwise.

(2) Documents that Defendant must produce to Plaintiff.

a. All communications concerning the factual allegations or claims at issue in this

lawsuit among or between:

1. The plaintiff and the defendant;

n. The plaintiff's manager(s), and/or supervisor(s), and/or the defendant's

human resources representative(s).

b. Responses to claims, lawsuits, administrative charges, and complaints by the

plaintiff that rely upon any of the same factual allegations or claims as those at

issue in this lawsuit.

c. Documents concerning the formation and termination, if any, of the employment

relationship at issue in this lawsuit, irrespective of the relevant time period.

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d. The plaintiff’s personnel file, in any form, maintained by the defendant, including

files concerning the plaintiff maintained by the plaintiffs supervisor(s),

manager(s), or the defendant's human resources representative(s), irrespective of

the relevant time period.

e. The plaintiff’s performance evaluations and formal discipline.

f. Documents relied upon to make the employment decision(s) at issue in this

lawsuit.

g. Workplace policies or guidelines relevant to the adverse action in effect at the

time of the adverse action. Depending upon the case, those may include policies

or guidelines that address:

i. Discipline;

ii. Termination of employment;

iii. Promotion;

iv. Discrimination;

v. Performance reviews or evaluations;

vi. Misconduct;

vii. Retaliation; and

viii. Nature of the employment relationship.

h. The table of contents and index of any employee handbook, code of conduct, or

policies and procedures manual in effect at the time of the adverse action.

i. Job description(s) for the position(s) that the plaintiff held.

j. Documents showing the plaintiff’s compensation and benefits. Those normally

include retirement plan benefits, fringe benefits, employee benefit summary plan

descriptions, and summaries of compensation.

k. Agreements between the plaintiff and the defendant to waive jury trial rights or to

arbitrate disputes.

l. Documents concerning investigation(s) of any complaint(s) about the plaintiff or

made by the plaintiff, if relevant to the plaintiff’s factual allegations or claims at

issue in this lawsuit and not otherwise privileged.

m. Documents in the possession of the defendant and/or the defendant's agent(s)

I

concerning claims for unemployment benefits unless production is prohibited by

applicable law.

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n. Any other document(s) upon which the defendant relies to support the defenses,

affirmative defenses, and counterclaims, including any other document(s)

describing the reasons for the adverse action.

(3) Information that Defendant must produce to Plaintiff.

a. Identify the plaintiff’s supervisor(s) and/or manager(s).

b. Identify person(s) presently known to the defendant who were involved in making

the decision to take the adverse action.

c. Identify persons the defendant believes to have knowledge of the facts concerning

the claims or defenses at issue in this lawsuit, and a brief description of that

knowledge.

d. State whether the plaintiff has applied for disability benefits and/or social security

disability benefits after the adverse action. State whether the defendant has

provided information to any third party concerning the application(s). Identify

any documents concerning any such application or any such information provided

to a third party.

(4) Protective Order. See Standing Protective Order [http://ctd.uscourts.gov/jba.html].

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UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT

1

NOTICE TO PARTIES REGARDING DISCOVERY DISPUTES The standard scheduling order that Judge Bryant enters in cases before her provides as follows: “All discovery issues should be resolved in good faith by counsel in accordance with their obligations to the Court under the Federal Rules of Civil Procedure and the District’s Local Rules. Before filing any motion relating to discovery, the parties are required to jointly confer with the Court by telephone, 860-240-3123.” Parties seeking to confer with Judge Bryant telephonically regarding discovery disputes must comply with the following prerequisites: 1. Counsel for parties to discovery disputes must jointly contact Judge

Bryant’s chambers to set up a date and time for the telephone conference. Except in extraordinary circumstances, Chambers staff will not entertain a request to schedule a telephonic conference unless counsel for all parties to the discovery dispute are on the telephone when the request is made to Chambers so that a mutually agreeable date and time for the conference can be selected at that time. Counsel must specify the legal and factual basis of the dispute.

2. Before contacting Chambers to schedule a telephonic discovery conference, counsel for parties to any discovery dispute are required by Rule 37(a)(2) of the Federal Rules of Civil Procedure and Local Rule 37(a)(2) to have conferred with one another and to have made a good faith effort to eliminate or reduce the area of controversy. A good faith effort requires the objecting party to state the legal basis and authority for any objection. All discovery issues should be resolved in good faith by counsel in accordance with their obligations to the Court under the Federal Rules of Civil Procedure and the District’s Local Rules. Judge Bryant interprets the good faith conference obligation of the Federal Rules and Local Rules to require counsel to confer either face-to-face or by telephone; exchanges of correspondence are not sufficient in and of themselves to satisfy counsel’s good faith conference obligations. At the outset of the telephonic discovery conference, Judge Bryant will require counsel for each party to the discovery dispute to certify orally that they have complied with their good faith conference obligations under the Federal Rules and Local Rules.

3. Before seeking a telephonic conference, counsel for all parties to a discovery dispute must also agree upon the issues that they intend to raise with Judge Bryant and inform Chambers of those issues at the time the telephonic conference is scheduled. If the parties cannot in good faith

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2

agree upon the issues to be raised with Judge Bryant, they shall so notify Chambers when they request a telephonic discovery conference.

4. If the dispute involves a written interrogatory, request for production, request for admission, deposition notice and/or subpoena (the “discovery request”), counsel for the party who served the discovery request at issue will, immediately following the telephone call requesting the conference, provide Chambers via facsimile with a copy of the particular discovery request at issue and the opposing party’s written response to that particular request. Judge Bryant does not need the entire discovery request and response but requires only the particular portions of the discovery request and response at issue. Before faxing a copy of the disputed request(s) and response(s) to Judge Bryant, counsel for the party seeking to fax the disputed request must inform Chambers of counsel’s intent to fax Judge Bryant a copy of the disputed request.

5. Other than the request at issue, and a concise statement of the applicable legal argument and legal authority, Judge Bryant does not require, and does not want, counsel for the parties to provide her with any briefs, documents, deposition transcripts, correspondence or written argument regarding the discovery issue in dispute. If Judge Bryant requires briefs or other papers, she will establish a briefing schedule during the telephonic discovery conference.

6. Counsel should agree in advance on which party will be responsible for instituting the telephonic discovery conference. Counsel should not contact Judge Bryant’s Chambers until counsel for all parties to the discovery dispute are on the telephone. Failure to participate in a scheduled telephonic discovery conference may result in the imposition of sanctions.

Revised 5/3/10

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1

UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT

__________________________________________ )

) Civil Action No. ) PLAINTIFF ) ) VS. ) )

) ) DEFENDANT ) __________________________________________) Month Day, Year

RULE 26(f) REPORT OF THE PARTIES’ PLANNING MEETING Date Complaint Filed: Month Day, Year Date Complaint Served: Month Day, Year Date of Defendant’s Appearance: Month Day, Year

Pursuant to Fed. Rule Civil Procedure 16(b), 26(f) and Local Civil Rule 26, a conference

was held by the parties. The participants were:

Todd D. Steigman for the plaintiff.

Attorney for the defendant.

I. Certification

Undersigned counsel certify that, after consultation with their clients, they have discussed

the nature and basis of the parties’ claims and defenses and any possibilities for achieving a

REDACTED

REDACTED

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2

prompt settlement or other resolution of the case and, in consultation with their clients, have

developed the following proposed case management plan. Counsel further certify that they have

forwarded a copy of this report to their clients.

II. Jurisdiction

A. Subject Matter Jurisdiction

This Court has subject matter jurisdiction in this case pursuant to 28 U.S.C. § 1331. The

Court has supplemental jurisdiction over plaintiff’s state law claim pursuant to 28 U.S.C. § 1367.

B. Personal Jurisdiction

Personal jurisdiction is not contested.

C. Venue

Venue properly lies in this Court pursuant to 28 U.S.C. § 1391(b)

III. Brief Description of Case

A. Plaintiffs description of the case

Plaintiff was hired by defendant’s predecessor, on .

Defendant acquired in 2013. On or about , plaintiff became

, which included duties for ,

. On or about plaintiff became

aware that defendant was charging the U.S. Government a “ ” that was

REDACTED REDACTED

REDACTED REDACTED

REDACTED REDACTED

REDACTED REDACTED

REDACTED

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3

materially different from the description of such rate contained in defendant’s disclosure

statement per statutes and regulations. Plaintiff claimed that defendant’s “

rate” was greater than it should have been per applicable statutes and regulations. Plaintiff stated

her concerns to defendant’s Controller, , and requested that defendant correct the

problem. On or about plaintiff stated to Mr. , with respect to the above mentioned

pricing, that “ .” Plaintiff engaged in

“protected activity” within the scope of Dodd-Frank, 15 U.S.C. §78u-6(h), Sarbanes-Oxley, 18

U.S.C. §1514A, and protected speech under C.G.S. § 31-51q and the Connecticut Constitution.

Defendant retaliated against her because of her protected speech.

B. Defendants description of the case Defendant has at all times complied fully with applicable statutes and regulations

pertaining to its government contracts. Plaintiff was terminated for legitimate, non-

discriminatory business reasons, namely ongoing poor performance. Defendant initially

counseled plaintiff about performance issues and restructured her job duties to facilitate

improved performance. Despite such counseling her performance remained below acceptable

standards. Defendant disciplined plaintiff, including written warnings about performance

deficiencies. Because her performance remained unsatisfactory, defendant terminated plaintiff

effective .

REDACTED

REDACTED

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4

IV. Statement of Undisputed Facts

Counsel certify that they have made a good faith attempt to determine whether there are

any material facts that are not in dispute. The parties state that the following material facts are

undisputed:

1. Plaintiff was employed by defendant at all times relevant to the complaint.

2. Plaintiff’s job title was .

3. Defendant terminated plaintiff’s employment effective .

V. Case Management Plan

A. Standing Order on Scheduling in Civil Cases

The parties request a modification of the deadlines in the Standing Order on Scheduling

in Civil Cases as follows:

1. Discovery to be completed by Month Day, Year.

2. Dispositive motions filed by Month Day, Year.

B. Scheduling Conference with the Court.

The parties do not request a pretrial conference with the Court before entry of a

scheduling order pursuant to Fed. Rule Civil Procedure 16(b).

REDACTED

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5

C. Early Settlement Conference:

1. The parties certify that they have considered the desirability of attempting to settle

the case before undertaking significant discovery or motion practice.

2. The parties agree to an early settlement/mediation with United States Magistrate

Judge.

3. The parties do not request a referral for alternative dispute resolution pursuant to

D. Conn. L. Civ. R. 36.

D. Joinder of Parties and Amendment of Pleadings

1. The parties should be permitted to amend their pleadings as permitted by the

Federal Rules of Civil Procedure.

E. Discovery

1. The parties anticipate that discovery will be needed on the following subjects:

By Plaintiff: Plaintiff’s allegations and Defendant’s defenses. Defendant’s

alleged non-compliance with rules and regulations regarding government contracts and rates and

pricing charged by Defendant to the Government. Plaintiff’s alleged complaints regarding

Defendant’s non-compliance with rules and regulations governing rates and pricing charged to

the Government, and Defendant’s response to those complaints. Any investigation performed by

Defendant in response to any complaints made by Plaintiff or on Plaintiff’s behalf. Plaintiff’s

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6

medical leave and attempt to return to work with reasonable accommodation, and Defendant’s

refusal to accommodate and allow Plaintiff to return to work. Defendant’s acts of discrimination

and retaliation against Plaintiff.

By Defendant: The factual basis and supporting evidence for the allegations contained in the

complaint. In particular, plaintiff’s knowledge and understanding about the statutes and

regulations identified in the complaint. Plaintiff’s current employment status. What, if any,

steps has plaintiff taken to mitigate her damages. Plaintiff’s alleged damages.

2. Discovery will not be conducted in phases.

3. Discovery will close on Month Day, Year.

4. The parties anticipate that plaintiff will require a total of five (5) to seven (7)

depositions of fact witnesses and defendant will require a total of three (3) to five (5) depositions

of fact witnesses. The depositions will be completed by Month Day, Year.

5. The parties may request permission to serve more than twenty-five (25)

interrogatories.

6. Plaintiff may call an expert witness at trial. If plaintiff retains an expert, she will

designate all trial experts and provide opposing counsel with the reports retained by experts

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7

pursuant to Fed. R. Civ. P. 26(a)(2) by Month Day, Year. Depositions of such experts shall be

completed by Month Day, Year.

7. Plaintiff will provide defendant with a damages analysis by Month Day, Year.

8. Undersigned counsel have discussed the disclosure and preservation of

electronically stored information, including, but not limited to, the form in which such data shall

be produced, search terms to be applied in connection with the retrieval and production of such

information, the location and format of electronically stored information, appropriate steps to

preserve electronically stored information, and the allocation of costs of assembling and

producing such information. The parties agree to the following procedures for the preservation,

disclosure and management of electronically stored information:

The parties agree to work cooperatively to try to reach agreement

regarding search terms that are reasonably calculated to lead to the

discovery of admissible evidence, including identifying individuals

whose communications should be searched and date ranges for

proposed searches;

As part of the discussions about appropriate search terms, counsel for

the responding party will consult with the individuals who sent or

received relevant communications (“Custodians”) and identify

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8

proposed search terms. After the consultations with the Custodians,

counsel for the responding party will propose search terms to counsel

for the requesting party, and counsel will then confer and try to reach

agreement on the proposed search terms that will be used;

In addition, the responding party is still obligated to produce

documents and electronically stored information that is known to the

responding party outside of the scope of the search terms and that is

discoverable and responsive to discovery requests even if those

documents are not the result of a search of the agreed-upon search

terms.

If a discovery request does not specify a form for producing

electronically stored information, a party must produce it in a form or

forms in which it is ordinarily maintained or in a reasonably usable

form or forms, in accordance with Fed. R. Civ. P. 34(b)(2)(E)(ii);

If the party serving a request for electronically stored information

specifies a requested form of production, the responding party should

produce the responsive information in the form requested, unless the

responding party has a proper basis for objecting, which would include

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9

an undue burden or cost, or any other factor identified in Fed. R. Civ.

P. 26(b)(2)(B);

If the party responding to a request for electronically stored

information objects to the requested form of production, the parties

agree to confer in good faith about said objections before the due date

for the response. If the responding party’s objections cannot be

resolved before the due date of the response, the responding party’s

objections shall be stated in the responses to the discovery requests,

and the responding party must state the form or forms it intends to use,

in accordance with Fed. R. Civ. P. 34(b)(2)(D);

The parties agree that there is a presumption that each party will bear

the costs of assembling and producing the discoverable information in

its possession. However, if a party responding to discovery believes

that compliance with a discovery request will result in undue burden or

expense and it intends to seek an order from the Court to shift the cost

of responding to the requesting party, such a motion will only be filed

after the parties have conferred in good faith concerning the matter,

and before the responding party incurs the costs that it intends to ask

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10

the Court to shift to the requesting party.

9. Undersigned counsel have discussed discovery procedures that minimize the risk of

waiver of privilege or work-product protection, including procedures for asserting privilege

claims after production. These issues will be controlled by Rule 26(b)(5) of the Federal Rules of

Civil Procedure..

F. Dispositive Motions:

Dispositive motions, if any, will be filed on or before Month Day, Year.

G. Joint Trial Memorandum:

The joint trial memorandum required by the Standard Order on Trial Memoranda in civil

cases will be filed by Month Day, Year, if no dispositive motion is filed. If a dispositive motion

is filed, the joint trial memorandum will be filed by 45 days after a decision on that motion is

filed.

VI. Trial Readiness

This case will be ready for trial by Month Day, Year or sixty (60) days after the Court’s

ruling on any dispositive motion, whichever is later.

As officers of the Court, undersigned counsel agree to cooperate with each other and the

court to promote the just, speedy and inexpensive determination of this action.

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11

Defendant Plaintiff By: /S/ By: /S/ Attorney Name – ct.Firm Name Firm Address Street City, State Zip Code Hartford, Connecticut 06103 Telephone: Telephone: Facsimile: Facsimile: Email: Email:

CERTIFICATION OF SERVICE

I hereby certify that on this Xth day of Month Year, a copy of the foregoing was filed electronically [and served by mail on anyone unable to accept electronic filing]. Notice of this filing will be sent by e-mail to all parties by operation of the Court’s electronic filing system [or by mail to anyone unable to accept electronic filing]. Parties may access this filing through the Court’s system.

/s/

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Page 96 of 113

UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT

___________________________________

: : CIVIL ACTION NO.: Plaintiff, : : v. : :

: :

Defendant. : March 6, 2016 ____________________________________:

PLAINTIFF’S SECOND SET OF INTERROGATORIES AND REQUESTS FOR PRODUCTION OF DOCUMENTS

Pursuant to Rules 26 and 34 of the Federal Rules of Civil Procedure, and Rule 26 of the

Local Civil Rules of the United States District Court for the District of Connecticut (“L.R.

Civ.”), the plaintiff, , hereby requests that the defendant,

(“Defendant” or “ ”), produce the documents requested herein for inspection and

copying at the office of Plaintiff’s counsel, GARRISON, LEVIN-EPSTEIN, FITZGERALD & PIRROTTI,

P.C., within thirty (30) days of service hereof. A written response to this request, citing

objections, if any, providing a privilege log as described by Instruction No. 7 below, and listing

the documents to be provided is demanded within that time.

Case Document 90-3 Filed 11/06/17 Page 1 of 8REDACTED

REDACTED

REDACTED

REDACTED

REDACTED REDACTED

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2

DEFINITIONS

1. The terms “ ” or “Defendant” refers to , including

any of its affiliates, subsidiaries, predecessors, and parent companies, including

, as well as any of their past or present officers, directors, employees, or

agents.

2. Pursuant to L. Civ. R. 26, the following definitions and rules of construction

apply to this request:

(a) Communication. The term “communication” means the transmittal of information (in the form of facts, ideas, inquiries or otherwise).

(b) Document. The term “document” is defined to be synonymous in meaning and equal in scope to the usage of this term in Federal Rule of Civil Procedure 34(a). A draft or non-identical copy is a separate document within the meaning of this term. A request for production of “documents” shall encompass, and the response shall include, electronically stored information (“ESI”), as included in Federal Rule of Civil Procedure 34. The term “document” includes “communications,” as defined above.

(c) Parties. The terms “plaintiff” and “defendant” as well as a party’s full or abbreviated name or a pronoun referring to a party means the party and, where applicable, its officers, directors, employees, partners, corporate parent, subsidiaries or affiliates. This definition is not intended to impose a discovery obligation on any person who is not a party to the litigation.

(d) Person. The term “person” is identified as any natural person or any business, legal or governmental entity or association.

(e) Concerning. The term “concerning” means relating to, referring to, referencing, describing, reflecting, evidencing or constituting.

(f) All/Each. The terms “all” and “each” shall be construed as all and each.

(g) And/Or. The connectives “and” and “or” shall be construed either disjunctively or conjunctively as necessary to bring within the scope of the discovery request all responses that might otherwise be construed to be outside its scope.

Case Document 90-3 Filed 11/06/17 Page 2 of 8REDACTED

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3

(h) Number. The use of the singular form of any word includes the plural and vice versa.

3. The term “ ” refers to the ultimate corporate parent of ,

, which has its corporate headquarters in Bloomfield Hills, Michigan.

INSTRUCTIONS for Requests for Production

1. Each request should be responded to separately and should indicate by Bates

numbers the documents responsive to each request. However, a document which is responsive to

more than one request may, if the relevant portion is marked or indexed, be produced and

referred to in a later response.

2. If Defendant has already produced a responsive document in response to a

previous Request for Production and/or the Initial Discovery Protocols, Defendant may state the

Bates number of the document without reproducing the document.

3. If Defendant objects to part of any request, please furnish documents responsive

to the remainder of the request.

4. Each request herein for a document to be produced contemplates production of

the document in its entirety, including all attachments and enclosures, without abbreviation,

redaction or expurgation.

5. All documents produced in response to any request shall be produced in total

notwithstanding the fact that portions thereof may contain information not requested.

6. In responding to a request, Defendant shall produce all requested documents in its

possession, custody or control, and shall include all such documents in the possession, custody or

control of Defendant’s attorneys or Defendant’s investigators or of any third party or parties to

whom Defendant has surrendered possession, custody or control, or who are acting on

Defendant’s behalf, or who have otherwise obtained possession, custody or control, or who,

upon Defendant’s request, would surrender possession, custody or control to Defendant. If

Defendant cannot produce any document after exercising due diligence to secure such document,

it is to so state, identify who has control and the location of the document, describe the

documents it is attempting to secure and the efforts being made to secure same, and respond to

the remainder of this request.

7. For all documents that are not produced in response to any of the requests because

such documents were lost, deleted, or destroyed, or because Defendant asserts a claim of

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privilege, such documents shall be identified by giving, to the extent known: (i) the types of

documents or electronically stored information; (ii) the general subject matter of the documents

or electronically stored information; (iii) the dates of the documents or electronically stored

information; (iv) the author and recipients of the documents or electronically stored information;

(v) if applicable, the circumstances surrounding the loss, deletion, or destruction of the

documents or electronically stored information; (vi) the last or present custodian of the

documents or electronically stored information, and (vii) if applicable, the nature of the privilege

asserted.

8. These requests shall be deemed to be continuing in nature so as to require further

and supplemental production when Defendant discovers, receives, or generates additional

documents between the time of original production and the time of trial.

9. Unless otherwise stated specifically, the requests cover the period from January 1,

2008, to present.

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DOCUMENT REQUESTS

Please produce the following documents:

1. The operative budget for the construction and/or renovation of

’s new building and/or showroom for pre-owned vehicles, which was located at

and which had its grand opening on or about July 13, 2013.

2. The operative business plan for the construction and/or renovation of

’s new building and/or showroom for pre-owned vehicles, which was located at

and which had its grand opening on or about July 13, 2013.

3. All “Used Car Exceptions” reports for “Connecticut – Area 2” from January 2013

to December 2015. (This Request seeks unredacted versions of previously-produced documents

MBF_0635 to MBF_0756.)

4. All previously-produced monthly commission statements for , in

their native (Excel) format.

5. Monthly commission statements for employee , from January

2015 through December 2015.

6. All documents concerning the “turn policy” referenced on MBF_0013, insofar as

it was in effect at UAG from January 1, 2013, to December 31, 2015.

7. Documents sufficient to establish the number of units in and the total value of the

pre-owned inventory of , on a monthly basis, from January 2012 to

December 2015.

8. All documents concerning all awards, prizes, commendation, or sales- or

performance-based recognition, from , , or , that were received by

during his tenure with .

9. All annual performance reviews for , regardless of timeframe.

10. All documents concerning the deliberative process by which

was selected for termination by , including all documents relied upon in deciding to

terminate, to the extent not already produced.

11. All emails sent to or from

, and/or from January 1, 2012, to December 31, 2014, that

contain the term “ ” in the same document as any of the following terms: “good,” “great,”

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“fantastic,” “fabulous,” “wonderful,” “congrat!,” “success!,” “warn!,” “perform!,” “problem!,”

“bad!,” or “issue!” (with “!” indicating a root expander).

12. The “used car budget,” as described on MBF_0405,

for the years 2010 through 2015.

13. Documents sufficient to establish the sales budget and goals (in units, gross

revenue, and profits) for the used car business at , from 2010 to 2015.

14. The audit reports for all “PAG internal audit[s],” as discussed (for example) on

0017, from 2010 to 2015.

15. Unredacted copies of MBF_0289 to MBF_0309.

16. All documents concerning the purchase and sale of

stock numbers 766156A, A289542B, and F081159A, as discussed on MBF_0087, including the

“deal jacket(s),” contracts with , and documents sufficient to establish the

purchase price, sale or wholesale price, and all retail/list prices for these units.

17. All documents concerning ’s April 8, 2014, email to

(MBF_0088), including all replies, responses, or forwards.

18. All documents concerning the emails produced at MBF_0080, including all

replies, responses, or forwards.

19. All documents concerning ’s purchase of one or more vehicles from

on or about April 15, 2014, as described in the complaint in

v. , No. , including the

“deal jacket(s),” acknowledgement(s) of receipt of Carfax report(s), and all documents

concerning information that was given to Mr. in connection with the purchase of the

vehicles.

20. Transcripts of all depositions taken in v.

, No. .

21. All sworn affidavits made in connection with v.

, No. .

22. All documents supporting the criticisms of ’s job performance

that are contained in the memorandum entitled “Performance Issues” and dated September 2,

2014 ( 0004).

23. All documents concerning the servicing of the Audi A8 described on MBF_0066.

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24. All documents concerning the policies and/or guidelines concerning the use

of “outside body shops,” as referenced on MBF_0066, as well as all documents concerning all

communications to concerning same.

25. All documents concerning all used vehicles sold by

while was the used car manager that contends had

“known safety concerns” ( 0004) or “were not safety checked” (MBF_0067).

26. An unredacted version of MBF_0067.

27. All documents concerning the sale of the “2011 ML” described on MBF_0067,

including the “deal jacket,” invoices reflecting the “body work,” and all communications

between and the customer concerning said purchase.

28. All documents concerning the sale of the “2012 ML” described on MBF_0067,

including the “deal jacket,” documents from the “[]other MB service department,” and all

communications between and the customer concerning said

purchase.

29. All documents concerning the pricing of the “2012 C Class” described on

MBF_0067, including all communications with concerning the same;

documents sufficient to establish the specifications of the vehicle and the book value and sale/list

price(s) for the vehicle; the “great reviews” written by the customer; and all communications

between and the customer (“ ”) concerning said vehicle.

30. All complaints filed with the Connecticut Commission on Human Rights &

Opportunities by concerning her employment with .

THE PLAINTIFF

By: /s/ ________

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CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing was served via

electronic mail only this 6th day of March, 2016, to the following counsel of record:

/s/ ________

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UNITED STATES DISTRICT COURT

DISTRICT OF CONNECTICUT _____________________________________ JANE DOE, : Plaintiff, : Civil Action No. : v. : : ABC COLLEGE, : NOVEMBER 14, 2017 Defendant. : :

30(b)(6) RE-NOTICE OF DEPOSITION OF ABC COLLEGE UNIVERSITY

Pursuant to Rule 30(b)(6) of the Federal Rules of Civil Procedure, the Plaintiff,

Jane Doe, will take the deposition of ABC College on Thursday, August 25, 2018

beginning at 10:00 am Eastern Standard Time, at the offices of Madsen, Prestley &

Parenteau, LLC; 402 Asylum Street, Hartford, Connecticut 06103. The deposition will

be taken upon oral examination by stenographic means before Cassian Reporting, LLC

or some other officer duly authorized by law to take depositions.

This deposition is being taken for the purpose of discovery or for use at trial (or

both), or for such purposes as are permitted under the applicable rules and law.

The Deponent is hereby advised of its duty to designate one or more officers,

directors, or managing agents, or other persons who consent, to testify on its behalf as

to the matters of examination listed below. Defendant may set out the matters on which

each person designated will testify. The persons designated must testify about the

information known or reasonably available to the organization.

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Plaintiff also requests that Defendant produce documents responsive to the

Schedule A document requests at the time of the deposition.

MATTERS FOR EXAMINATION

1. Decisionmaking Committee 2012-2013 deliberations to regarding Jane Doe’s application for promotion to Professor, including but not limited to:

a. Basis for Decisionmaking Committee recommendation; b. Voting on Jane Doe application for promotion; c. Guidance from the Senior Vice President (“SVP”), President or Board of

Trustees in assessing Jane Doe tenure application; d. Communications regarding Jane Doe application for promotion; and e. Documents consulted by Decisionmaking Committee in reaching

recommendations for Jane Doe promotion application. 2. Decisionmaking Committee 2012-2013 deliberations to regarding Jane Doe

appeal of the Decisionmaking Committee’s recommendation to deny her promotion to Professor, including but not limited to:

a. Basis for Decisionmaking Committee recommendation to deny Jane Doe appeal;

b. Voting on Jane Doe’s appeal; c. Guidance from the SVP, President or Board of Trustees in assessing Jane

Doe’s appeal; d. Communications regarding Jane Doe’s appeal; and e. Documents consulted by Decisionmaking Committee in reaching

recommendations for Jane Doe appeal. 3. Decisionmaking Committee 2010-2011 deliberations to regarding Marty McFly’s

application for promotion to Professor, including but not limited to: a. Basis for Decisionmaking Committee recommendation; b. Voting on Marty McFly’s application for promotion; c. Guidance from the SVP, President or Board of Trustees in assessing

Marty McFly’s promotion application; d. Communications regarding Mr. McFly’s promotion application; and e. Documents consulted by Decisionmaking Committee in reaching

recommendations for Marty McFly’s promotion application. 4. Decisionmaking Committee 2010-2011 deliberations to regarding Meredith

Grey’s application for promotion to Professor, including but not limited to: a. Basis for Decisionmaking Committee recommendation; b. Voting on Meredith Grey’s application for promotion; c. Guidance from the SVP, President or Board of Trustees in assessing

Meredith Grey’s promotion application; d. Communication regarding Ms. Grey’s promotion application; and

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e. Documents consulted by Decisionmaking Committee in reaching recommendations for Meredith Grey’s promotion application.

Schedule A

1. Decisionmaking Committee minutes for 2010-2011. 2. Decisionmaking Committee minutes for 2011-2012. 3. Decisionmaking Committee minutes for 2012-2013. 4. Notes from Decisionmaking Committee deliberations for Marty McFly’s 2010-

2011 promotion application. 5. Notes from Decisionmaking Committee deliberations for Meredith Grey’s 2011-

2012 promotion application. 6. Notes from Decisionmaking Committee deliberations for Jane Doe’s 2012-2013

promotion application and appeal. 7. Communications between the members of the Decisionmaking Committee, SVP,

President, and Board of Trustees regarding Jane Doe’s application for promotion and appeal.

8. Communications between the members of the Decisionmaking Committee, SVP, President, and Board of Trustees regarding Mr. McFly’s promotion application.

9. Communications between the members of the Decisionmaking Committee, SVP, President, and Board of Trustees regarding Mr. McFly’s promotion application.

Plaintiff expressly reserves the right to conduct further examinations of Defendant

pursuant to Rule 30(b)(6) of the Federal Rules of Civil Procedure during the course of discovery in this action.

PLAINTIFF

JANE DOE

By: /s/ Claire M. Howard Jacques J. Parenteau (ct09771) Claire Howard (ct29654) Madsen, Prestley & Parenteau, LLC 402 Asylum Street Hartford, CT 06320 Telephone: (860) 246-2466

Facsimile: (860) 246-1794 E-Mail: jparenteau@mppjustice.com E-Mail: choward@mppjustice.com

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CERTIFICATION OF SERVICE

This is to certify that a copy of the foregoing was served by electronic mail only this 14th day of November, 2017 to the following counsel of record: Avidor Law Frank Eucalitto 7 World Trade Center 10th Floor New York, NY 10007 frank@startup.law

/s/Claire M. Howard Claire M. Howard

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