Civil Electronic Filing Order; Civil Electronic Filing Order Attachment; Criminal Electronic Filing Order; Criminal Electronic Filing Order Attachment; Joint Trial Memorandum Instructions; Order on Pretrial Deadlines; Rules for Discovery Conference; Scheduling Order Template; Standing Protective Ord

=== Civil Electronic Filing Order ===

UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT ELECTRONIC FILING ORDER All documents in this case will be filed electronically. Documents filed electronically must be filed in OCR text searchable PDF format. Counsel are reminded that they must comply with the requirements set forth in the District Court's CM/ECF Policies and Procedures Manual. Unless otherwise ordered, on the business day next following the day on which a document is filed electronically, counsel must provide Chambers with one paper copy of the following e-filed documents: All pleadings (including briefs and exhibits) supporting or opposing the following: a. b. c. Applications for temporary restraining orders, preliminary injunctions or prejudgment remedies; Motions to dismiss or for summary judgment; Trial briefs, including proposed findings of fact and conclusions of law; and d. Any other filing that exceeds 15 pages. /s/ Robert N. Chatigny United States District Judge

=== Civil Electronic Filing Order Attachment ===

UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT NOTICE REGARDING ELECTRONIC FILING Effective July 1, 2006, all civil cases assigned to Judge Chatigny will be designated as electronically filed cases, and thus be subject to the attached Electronic Filing Order, except cases involving pro se parties (including pro se prisoner cases). If an attorney believes that a case should be exempted from electronic filing, a motion seeking an exemption may be filed within 14 days after the attorney enters an appearance in the case. In order to be able to file documents electronically, an attorney must first register with the Clerk’s Office and obtain an electronic filing login and password. Registration forms are available on the Court’s website, along with a tutorial on electronic filing (http://www.pacer.gov/ecfcbt/dc/). FOR THE COURT ROBIN D. TABORA, CLERK Revised 8/7/13

=== Criminal Electronic Filing Order ===

UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT ELECTRONIC FILING ORDER All documents in this case will be filed electronically, in accordance with the District Court's CM/ECF Policies and Procedures Manual. Documents filed electronically must be filed in OCR text searchable PDF format. Unless otherwise ordered, on the business day next following the day on which a document is filed electronically, counsel must provide Chambers with one paper copy of the following e-filed documents: All pleadings (including briefs and exhibits) supporting or opposing: a. b. c. d. Motions to dismiss; Motions to suppress; Trial briefs; and Any other filing that exceeds 15 pages. So Ordered. /s/ Robert N. Chatigny United States District Judge Rev 3/1/13

=== Criminal Electronic Filing Order Attachment ===

UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT NOTICE REGARDING ELECTRONIC FILING Effective September 1, 2006, all criminal cases assigned to Judge Chatigny will be designated as electronically filed cases, and thus be subject to the attached Electronic Filing Order. If an attorney believes that a case should be exempted from electronic filing, a motion seeking an exemption may be filed within 14 days after the attorney enters an appearance in the case. In order to be able to file documents electronically, an attorney must first register with the Clerk’s Office and obtain an electronic filing login and password. Registration forms are available on the Court’s website, along with a tutorial on electronic filing (http://www.pacer.gov/ecfcbt/dc/). FOR THE COURT ROBIN D. TABORA, CLERK Revised 8/7/13

=== Joint Trial Memorandum Instructions ===

Joint Trial Memorandum Instructions The parties will jointly prepare and file for approval by the Court a joint trial memorandum. Counsel signing the memorandum must certify that it is the product of consultation between the lawyers who will be trying the case. The memorandum will be in the form prescribed by the District Court's Standing Order Regarding Trial Memoranda in Civil Cases (see Local Rules of Civil Procedure), and must be certified that it is a joint product of consultation between the lawyers trying the case, with the following modifications: a. Witnesses: Set forth the name and address of each witness to be called at trial. Provide a brief summary of the anticipated testimony of each witness and an estimate of the probable duration of his or her testimony (e.g. less than one hour, two to three hours, one full day). For each expert witness, set forth the opinion to be expressed, a brief summary of the basis of the opinion and a list of the materials on which the witness intends to rely. If a party objects to all or any part of the anticipated testimony of any witness, lay or expert, the objection must be stated in this section of the joint memorandum so that it can be addressed prior to trial. b. Exhibits: The parties will prepare the list of exhibits required by the Standing Order. The list must specifically identify each exhibit by providing a brief description of the exhibit. The exhibits will be listed in numerical order starting with Plaintiff's Exhibit 1 and Defendant's Exhibit 1. If a party has an objection with regard to a designated exhibit, the objection must be stated in this section of the joint memorandum or it will be waived. Each party will prepare an original set of exhibits, plus a duplicate copy for the Court and every other party, marked with exhibit tags provided by the Clerk. The duplicate sets of exhibits must be submitted to the Court not later than the day before the final pretrial conference. Counsel will retain the original set of exhibits for use at trial. c. Jury Instructions: In jury cases, the parties will meet and confer for the purpose of preparing and filing tailored jury instructions on the elements of the parties’ claims and defenses. The proposed instructions will be submitted as an attachment to the joint trial memorandum. If the parties cannot agree as to the appropriateness of a particular instruction, each party must submit a proposed instruction supported by a brief explanation of its position, including citation to applicable authority. d. Anticipated Evidentiary Problems: The parties will attach motions in limine with memoranda of law concerning any anticipated evidentiary problems. e. Verdict Form: In jury cases the parties will submit as an exhibit to the joint trial memorandum a proposed verdict form suitable for submission to a jury. The form may require the jury to return a special verdict with special findings as permitted by Fed. R. Civ. P. 49(a) or a general verdict with or without written interrogatories as permitted by Fed. R. Civ. P. 49(b). If the parties are unable to agree as to the appropriateness of a proposed form, the objecting party must state the basis for the objection and provide an alternative proposal. f. Courtroom Technology: List all equipment to be used during trial, including any equipment already installed in the courtroom (see attached list), and any arrangements that have been made for shared use of equipment; list any backup equipment that will be available in the event of an equipment failure; identify any presentation software to be used during trial, and state whether each party is able to receive and use digital files of presentation materials prepared by the other; and describe any expected use of videoconferencing. Any request for Courtroom Technology must be received by the Clerk's Office two weeks prior to the scheduled hearing. Courtroom 3 Equipment List Widescreen LCD Monitors at the following locations: Counsel Tables Witness Stand (Touch Annotation for marking documents) Jury Box Judge's Bench Lectern (Touch Annotation for marking documents) Court Reporter Law Clerk 46" Wall mounted LCD Displays for Gallery Viewing Document Camera(Elmo) Blu-Ray/DVD Player VGA & HDMI Inputs at Lectern VGA & HDMI Inputs at Counsel Tables

=== Order on Pretrial Deadlines ===

UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT ORDER ON PRETRIAL DEADLINES (a) In accordance with Local Civil Rule 26, within thirty days of the appearance of a defendant, the parties must confer for the purposes described in Fed. R.Civ. P. 26(f). Within fourteen days thereafter, the parties shall jointly file a report on Form 26(f), which appears in the Appendix to the Local Civil Rules. The report will be used to establish a scheduling order, which will include a date by which the case must be ready for trial. (b) Before a party files a motion to dismiss or a motion for summary judgment, a prefiling conference will be held. A party wishing to file such a motion must submit a letter to chambers requesting a prefiling conference and briefly describing the nature and basis of the proposed motion. The letter must be submitted no later than forty-five days before the discovery deadline. Failure to request a prefiling conference will result in the waiver of the right to file a motion. Except in cases involving pro se parties, no request for a prefiling conference may be submitted unless the attorney making the request has conferred with other counsel of record and discussed the proposed motion in a good faith effort to clarify the issues, eliminate or reduce the area of controversy and arrive at a mutually satisfactory resolution. D. Conn. L. Civ. R. 37(a) (requiring counsel to confer before filing motions relating to discovery disputes). Except in cases involving pro se parties, any request for a prefiling conference must include a statement that the attorney submitting the request has conferred with other counsel and must briefly describe the results of the conference. (c) In accordance with Fed. R. Civ. P. 16(b), motions for modification of the dates set forth in the scheduling order issued pursuant to the parties’ 26(f) report will not be granted except for good cause. This standard requires a particularized showing that the scheduling order could not be complied with despite due diligence on the part of the party seeking the modification. Any such motion must be filed in writing at least five days before expiration of the date in question. (d) Formal discovery pursuant to the Federal Rules of Civil Procedure may commence once the parties have conferred as required by Fed. R. Civ. P. 26(f) and D. Conn. L. Civ. R. 26. Informal discovery by agreement of the parties is encouraged and may commence at anytime. Unless otherwise ordered, discovery shall be completed within 6 months after the filing of the complaint, the filing of a petition for removal, or the date of transfer of an action from another District. A copy of this Order must be served by the plaintiff on all defendants. Robin D. Tabora Clerk of the Court (Effective 8/7/13)

=== Rules for Discovery Conference ===

UNITED STATES DISTRICT COURT DISTRICT 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. Counsel for all parties to the discovery dispute must be on the telephone when the request is made to Chambers. 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 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 under these Rules. Judge Chatigny interprets the good faith conference obligation to require counsel to confer face-to-face or by telephone; exchanges of correspondence are not sufficient to satisfy counsel's good faith conference obligations. 3. Before seeking a discovery conference, counsel for all parties to the discovery dispute must agree on the issues they intend to raise and inform Chambers of those issues at the time the conference is scheduled. If the parties cannot in good faith agree on the issues to be raised, they must 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 the discovery 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's written response to that request. Judge Chatigny does not need the entire discovery request and response but requires only the particular portions of the discovery request and response at issue. 5. No materials will be submitted in advance of the conference other than the discovery request at issue. If Judge Chatigny requires briefs or other papers, a briefing schedule will be set during the conference. 6. Counsel must agree in advance on which party will be responsible for initiating the telephone call to Chambers for the conference. Counsel should not contact Chambers until all counsel are on the telephone..

=== Scheduling Order Template ===

UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT XXXXXXXX XXXXX, ET AL : Plaintiffs, : V. : : : XXXXXXXXXX XXXXXXXXX : ET AL., : : : Defendants. Case No. 3:20CVXXXX (RNC) SCHEDULING ORDER REGARDING CASE MANAGEMENT PLAN Based on the parties’ report [doc. #00], the following dates are hereby adopted as reasonable and appropriate to serve the purposes of Fed. R. Civ. P. 1: 1. Pleadings: Any motion to amend the complaint will be governed by the good cause standard of Fed. R. Civ. P. 16(b). Defendants will file an answer on or before XXXXX XX, 2020. Alternatively, if a defendant wants to file a motion under Rule 12, a request for a prefiling conference with regard to any such motion must be filed in accordance with paragraph 12 of this Order by XXXXX XX, 2020. If leave to file a motion to dismiss is granted, counsel should be prepared to file the motion by XXXXX X, 2020. 2. Joinder of Parties: Any motion to join parties will be filed by XXXXX XX, 2020. Any such motion filed after this date will be governed by the good cause standard of Fed. R. 1 Civ. P. 16(b). Any opposition to a motion to join parties will be filed by XXXX XX, 2020, and any reply will be filed by XXXXX XX, 2020. 3. Discovery Deadline: All discovery, including all discovery relating to expert witnesses, will be completed (not just propounded) by XXXXXX XX, 2020. Discovery requests must be served sufficiently in advance of the discovery cut- off date to allow reasonable time to comply with the request before the cut-off date. The pendency of a motion to compel or for a protective order does not extend the period for completing other discovery. In addition, the filing of a motion to dismiss does not stay discovery. Discovery will not be stayed except pursuant to a motion to stay demonstrating that the motion to dismiss is likely to be granted and will moot the need for discovery. 4. Initial Disclosures: The parties will make the disclosures required by Fed. R. Civ. P. 26(a)(1) on or before XXXXX XX, 2020. 5. Commencement of Formal Discovery: Formal discovery may commence immediately. 6. Discovery of Expert Witnesses: An expert witness is anyone, including a treating physician, who may be used at trial to present evidence under Rules 702, 703, or 705 of the Federal Rules of Evidence. Unless otherwise ordered, a party 2 intending to call an expert witness must disclose a report signed by the witness containing the information required to be disclosed by Fed. R. Civ. P. 26(a) (2)(B) or (a)(2)(C), whichever applies. All such expert reports will be disclosed by plaintiffs on or before XXXXX XX, 2020, and any such experts will be deposed on or before XXXXX XX, 2020. All such expert reports will be disclosed by the defendants on or before XXXXX XX, 2020, and any such experts will be deposed by XXXXX XX, 2020. Plaintiffs rebuttal experts will be disclosed by XXXXXX XX, 2020, and any such experts will be deposed by XXXXXX XX, 2020. 7. Damages Analysis: Plaintiffs will serve a damages analysis on or before XXXXX XX, 2020. 8. Motions to Compel: Any motion for an order compelling disclosure or discovery pursuant to Fed. R. Civ. P. 37(a) must be filed within 30 days after the due date of the response. Failure to file a timely motion in accordance with this scheduling order may constitute a waiver of the right to file a motion to compel. NOTE: 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. 3 9. Mandatory Settlement Conference: A settlement conference will be scheduled for the month of XXXXX 2020. Any party wishing to have a settlement conference before then is encouraged to file a motion that reflects the views of the other parties. 10. Joint Trial Memorandum: A joint trial memorandum in the form described in the attached instructions will be filed on or before XXXXX XX, 2020. Counsel signing the memorandum must certify that it is the product of consultation between the lawyers who will be trying the case. 11. Trial Ready Date: The case will be placed on the trial ready list for XXXXX XX, 2020. 12. Dispositive Motions: No dispositive motion will be filed unless a prefiling conference is requested. Any request for a prefiling conference must be submitted in the form of a letter to the court (with copies to all counsel of record) briefly describing the nature and basis of the proposed motion. No request for a prefiling conference may be submitted unless the attorney making the request has conferred with other counsel of record and discussed the proposed motion in a good faith effort to clarify the issues, eliminate or reduce the area of controversy and arrive at a mutually satisfactory resolution. Cf. D. Conn. L. Civ. R. 37(2)(requiring counsel to confer before filing motions 4 relating to discovery disputes). Any request for a prefiling conference must include a statement that the attorney submitting the request has conferred with other counsel and must briefly describe the results of the conference. To be timely, any request for a prefiling conference regarding a motion for summary judgment must be submitted on or before XXXXX XX, 2020. Failure to submit a timely request may result in a waiver of the right to file a summary judgment motion. If a summary judgment motion is filed, the joint trial memorandum will be due 30 days after a ruling on the motion. Reminder: Under Fed. R. Civ. P. 56, a party may obtain summary judgment as to a claim or defense only when there is no genuine dispute as to any material fact and the moving party is entitled to judgment as a matter of law. On a motion for summary judgment, the court must assume that a trier of fact would resolve all factual disputes in favor of the party against whom judgment is sought. Summary judgment is proper only when, with all permissible inferences and credibility questions resolved in favor of the party opposing summary judgment, a verdict in favor of that party would have to be set aside. In deciding a motion for summary judgment, the evidence must be viewed as a whole. However, all evidence favorable to the party opposing the motion must be credited 5 if it could be credited by a trier of fact. And evidence supporting the moving party with regard to a disputed issue of fact may be disregarded unless it is uncontradicted, unimpeached and comes from a disinterested source. See Reeves v Sanderson Plumbing Products, Inc., 530 U.S. 133, 150 (2000); Redd v New York Div. of Parole, 678 F.3d 166, 174 (2d Cir. 2012). In presenting a motion for summary judgment, an attorney certifies that the motion is grounded in these principles. 13. Joint Status Reports of Counsel: A joint status report of counsel will be submitted on or before XXXXX XX, 2020. The report will address the matters listed in the attached summary. Joint status reports of counsel addressing those matters will be submitted every 90 days thereafter until the case is resolved. 14. Status Conference: A status conference will be conducted by telephone on XXXXX XX, 2020 at XX:XXAM. 15. Extensions of Time: All dates set forth in this order are firm and will be extended only for good cause. The good cause standard requires a particularized showing that despite due diligence, the party seeking the extension could not comply with this order. Because of the importance of the discovery deadline to the entire schedule, and the generous amount of time for discovery permitted by the discovery 6 deadline of XXXXXX XX, 2020, motions to extend the discovery deadline are unlikely to be granted. Counsel will provide their clients with a copy of this order. It is so ordered. Dated at Hartford, Connecticut this XX day of XXXXX,2020. __________________________ Robert N. Chatigny U.S. District Judge 7 STATUS REPORT INSTRUCTIONS RE: CASE NO. 3:20cvXXXX(RNC) __________________________________ To: COUNSEL OF RECORD __________________________________ ON OR BEFORE: JUNE X, 2020 THE PARTIES SHALL FILE WITH THE COURT A JOINT STATUS REPORT, STATING THE FOLLOWING: a. THE STATUS OF THE CASE, IDENTIFYING ANY PENDING OR ANTICIPATED MOTIONS AND ANY CIRCUMSTANCES POTENTIALLY INTERFERING WITH THE PARTIES’ COMPLAINCE WITH THE SCHEDULING ORDER, AS WELL AS A DETAILED STATEMENT OF ALL DISCOVERY UNDERTAKEN TO DATE, INCLUDING HOW MANYDEPOSITIONS EACH PARTY HAS TAKEN AND THE SPECIFIC DISCOVERY THAT REMAINS TO BE COMPLETED; b. ANY INTEREST IN REFERRAL FOR SETTLEMENT PURPOSES TO A UNITED STATES MAGISTRATE JUDGE OR THE DISTRICT COURT’S SPECIAL MASTERS PROGRAM; c. WHETHER THE PARTIES WILL CONSENT TO EITHER A JURY TRIAL OR A BENCH TRIAL BEFORE A MAGISTRATE JUDGE; AND d. THE ESTIMATED LENGTH OF TRIAL. BY ORDER OF THE COURT ROBIN D. TABORA, CLERK 8 Joint Trial Memorandum Instructions The parties will jointly prepare and file for approval by the Court a joint trial memorandum. Counsel signing the memorandum must certify that it is the product of consultation between the lawyers who will be trying the case. The memorandum will be in the form prescribed by the District Court’s Standing Order Regarding Trial Memoranda in Civil Cases (see Local Rules of Civil Procedure), and must be certified that it is a joint product of consultation between the lawyers trying the case, with the following modifications: a. Witnesses: Set forth the name and address of each witness to be called at trial. Provide a brief summary of the anticipated testimony of each witness and an estimate of the probable duration of his or her testimony (e.g. less than one hour, two to three hours, one full day). For each expert witness, set forth the opinion to be expressed, a brief summary of the basis of the opinion and a list of the materials on which the witness intends to rely. If a party objects to all or any part of the anticipated testimony of any witness, lay or expert, the objection must be stated in this section of the joint memorandum so that it can be addressed prior to trial. b. Exhibits: The parties will prepare the list of exhibits required by the Standing Order. The list must specifically identify each exhibit by providing a brief description of the exhibit. The exhibits will be listed in numerical order starting with Plaintiff’s Exhibit 1 and Defendant’s Exhibit 1. If a party has an objection with regard to a designated exhibit, the objection must be stated in this section of the joint memorandum or it will be waived. Each party will prepare an original set of exhibits, plus a duplicate copy for the Court and every other party, marked with exhibit tags provided by the Clerk. The duplicate sets of exhibits must be submitted to the Court not later than the day before the final pretrial conference. Counsel will retain the original set of exhibits for use at trial. c. Jury Instructions: In jury cases, the parties will meet and confer for the purpose of preparing and filing tailored jury instructions on the elements of the parties’ claims and defenses. The proposed instructions will be submitted as an attachment to the joint trial memorandum. If the parties cannot agree as to the appropriateness of a particular instruction, each party must submit a proposed instruction supported by a brief explanation of its position, including citation to applicable authority. 9 d. Anticipated Evidentiary Problems: The parties will attach motions in limine with memoranda of law concerning any anticipated evidentiary problems. e. Verdict Form: In jury cases the parties will submit as an exhibit to the joint trial memorandum a proposed verdict form suitable for submission to a jury. The form may require the jury to return a special verdict with special findings as permitted by Fed. R. Civ. P. 49(a) or a general verdict with or without written interrogatories as permitted by Fed. R. Civ. P. 49(b). If the parties are unable to agree as to the appropriateness of a proposed form, the objecting party must state the basis for the objection and provide an alternative proposal. f. Courtroom Technology: List all equipment to be used during trial, including any equipment already installed in the courtroom (see attached list), and any arrangements that have been made for shared use of equipment; list any backup equipment that will be available in the event of an equipment failure; identify any presentation software to be used during trial, and state whether each party is able to receive and use digital files of presentation materials prepared by the other; and describe any expected use of videoconferencing. Any request for Courtroom Technology must be received by the Clerk’s office two weeks prior to the scheduled hearing. 10 NORTH COURTROOM EQUIPMENT LIST Widescreen LCD Monitors at the following locations: Counsel Tables Witness Stand (Touch Annotation for marking documents) Jury Box Judges Bench Lectern (Touch Annotation for marking documents) Court Reporter Law Clerk 46” Wall mounted LCD Displays for Gallery Viewing Document Camera (Elmo) Blue-Ray/DVD Player VGA & HDMI Inputs at Lectern VGA & HDMI Inputs at Counsel Tables 11 12

=== Standing Protective Order ===

UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT STANDING PROTECTIVE ORDER It is hereby ordered by the Court that the following shall apply to information, 1. documents, excerpts from documents, and other materials produced in this action pursuant to Federal and Local Rules of Civil Procedure governing disclosure and discovery. Information, documents and other materials may be designated by the producing 2. 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. "CONFIDENTIAL" information means information, documents, or things that have 3. 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. "CONFIDENTIAL-ATTORNEY'S EYES ONLY" means CONFIDENTIAL 4. 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. Designated Material shall not be used or disclosed for any purpose other than 5. 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 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. Prior to disclosing or displaying any Designated Material to any person, counsel 6. 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 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. A person having custody of Designated Material shall maintain it in a manner that 8. limits access to the Designated Material to persons permitted such access under this Order. Counsel shall maintain a collection of all signed documents by which persons 9. have agreed to be bound by this Order. Documents shall be designated by stamping or otherwise marking the 10. 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. The parties will use reasonable care to avoid designating as confidential 11. documents or information that does not need to be designated as such. A party may submit a request in writing to the party who produced Designated 12. 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. Deposition transcripts or portions thereof may be designated either (a) when the 13. 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 and the exhibit and related transcript pages receive the same confidentiality designation as the original Designated Material. Any Designated Material which becomes part of an official judicial proceeding or 14. 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. Inadvertent production of confidential material prior to its designation as such in 17. 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 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. The restrictions imposed by this Order may be modified or terminated only by 20. further order of the Court. IT IS SO ORDERED, /s/ Robert N. Chatigny Robert N. Chatigny United States District Judge 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)

=== Standing Order on Patent Cases ===

STANDING ORDER IN PATENT CASES 1. Application of Standing Order (a) This Standing Order applies to patent infringement, validity and unenforceability actions and proceedings filed in or transferred to this District except those in which a 26(f) conference was held before the effective date of this Standing Order. The Court may modify the obligations or deadlines set forth in this Standing Order based on the circumstances of any particular case, including, without limitation, the simplicity or complexity of the case as shown by the patents, claims, technology, products, or parties involved. (b) The Local Civil Rules and the Standing Order on Scheduling in Civil Cases also apply to such actions and proceedings, except to the extent they are inconsistent with this Standing Order. 2. Initial Scheduling Conference When the parties confer pursuant to Fed. R. Civ. P. 26(f), in addition to the matters covered by Fed. R. Civ. P. 26, the parties must discuss and address in the report filed pursuant to Fed. R. Civ. P. 26(f): (a) any proposed modification of the deadlines or proceedings set forth in this Standing Order; (b) proposed format of and deadlines for claim construction filings and proceedings, including a proposal for any expert discovery the parties propose to take in connection therewith; and (c) proposed format of and deadlines for service of infringement, non-infringement, invalidity and/or unenforceability contentions, including any proposed deadlines for responses thereto or supplementation thereof. 3. Certification of Disclosures All statements, disclosures, or charts filed or served in accordance with this Standing Order are deemed disclosures subject to Rule 26(g) of the Federal Rules of Civil Procedure. 4. Admissibility of Disclosures Statements, disclosures or charts governed by this Standing Order are admissible to the extent permitted by the Federal Rules of Evidence or Civil Procedure. However, the statements and disclosures provided for in Paragraph 11 of this Standing Order are not admissible for any purpose other than in connection with motions seeking an extension or modification of the time periods within which actions contemplated by this Standing Order shall be taken. 1 5. Discovery Objections Based on Standing Order A party may object to a mandatory disclosure under Fed. R. Civ. P. 26(a) or to a discovery request as conflicting with or premature under this Standing Order only if the mandatory disclosure or discovery request would require disclosure of (a) information of the kind dealt with by Paragraphs 6, 7, 8, 10, 11 and 12 of this Standing Order or (b) responses to such information. Where a party properly objects to a discovery request or declines to provide information in its initial disclosures, that party shall provide the requested information by the date on which it is required to be provided under this Standing Order, or as otherwise required by the Court, unless there exists another legitimate grounds for objection. Contentions responsive to information of the kind dealt with by Paragraphs 6, 7, 8, 10, 11 and 12, if sought, may be provided forty-two (42) days after the date on which the information is provided, unless otherwise required by the Court. 6. Disclosure of Asserted Claims and Infringement Contentions Unless otherwise specified by the Court, not later than forty-two (42) days after the filing of the parties’ 26(f) report, a party claiming patent infringement must serve on all parties a ”Disclosure of Asserted Claims and Infringement Contentions,” which identifies for each opposing party, each claim of each patent-in-suit that is allegedly infringed and each product or process of each opposing party of which the party claiming infringement is aware that allegedly infringes each identified claim. 7. Invalidity Contentions Unless otherwise specified by the Court, not later than forty-two (42) days after service of the ”Disclosure of Asserted Claims and Infringement Contentions,” each party opposing a claim of patent infringement must serve upon all parties its ”Invalidity Contentions,” if any. Invalidity Contentions must identify each item of prior art that the party contends allegedly anticipates or renders obvious each asserted claim, and any other grounds of invalidity, including any under 35 U.S.C. § 101 or § 112, or unenforceability of any of the asserted claims. 8. Disclosure Requirement in Patent Cases Initiated by Declaratory Judgment In all cases in which a party files a pleading seeking a declaratory judgment that a patent is not infringed, is invalid, or is unenforceable, Paragraph 6 of this Standing Order shall not apply with respect to such patent unless and until a claim for patent infringement of such patent is made by a party. If a party does not assert a claim for patent infringement in its answer to the declaratory judgment pleading, unless otherwise specified in the Court’s Scheduling Order, the party seeking a declaratory judgment must serve upon all parties its Invalidity Contentions with respect to such patent that conform to Paragraph 7 of this Standing Order not later than forty-two(42) days after the filing of the parties’ 26(f) report. 2 9. Duty to Supplement Contentions The duty to supplement in Fed. R. Civ. P. 26(e) shall apply to the Infringement Contentions and the Invalidity Contentions required by Paragraphs 6 and 7 of this Standing Order. 10. Opinion of Counsel Not later than forty-two (42) days after entry of an order ruling on claim construction, each party that will rely on an opinion of counsel as part of a defense to a claim of willful infringement or inducement of infringement, or that a case is exceptional, must produce or make available for inspection and copying the opinion(s) and any other documents relating to the opinion(s) as to which attorney-client or work product protection has been waived as a result of such production. 11. Joint Disputed Claim Terms Chart By a date specified by the Court, the parties shall cooperate and jointly file a Joint Disputed Claim Terms Chart listing the disputed claim terms and phrases, including each party’s proposed construction, together with an identification of all intrinsic and extrinsic evidence that supports or opposes the construction relied upon by either party. 12. Claim Construction Briefing Unless otherwise specified by the Court: (a) Not later than thirty-five (35) days after filing of the Joint Disputed Claim Terms Chart pursuant to Paragraph 11 of this Standing Order, the parties must serve and file opening claim construction briefs and all supporting evidence and testimony. (b) Not later than thirty-five (35) days after service of the opening claim construction briefs, the parties must serve and file responses to the opening claim construction briefs and any additional supporting evidence and testimony. 13. Confidentiality (a) Discovery may not be withheld on the basis of confidentiality absent Court order. Pending entry of a protective order, the parties shall proceed as follows: (i) If any document, information including electronically stored information (“ESI”), or thing (collectively, "Material") produced is deemed confidential by the producing party, the Material shall be marked with the 3 level of confidentiality claimed (e.g. “Confidential”, “Highly Confidential – Attorneys’ Eyes Only” or “Highly Confidential – Outside Attorneys’ Eyes Only”), by the disclosing party. Disclosure of the confidential Material shall be limited to each party’s outside attorney(s) of record and the employees of such outside attorney(s), except as set forth in 13(b). (ii) If a party is not represented by an outside attorney, disclosure of the confidential Material shall be limited to one (1) designated “in house” attorney, whose identity and job functions shall be disclosed to the producing party seven (7) days prior to any such disclosure, in order to permit any motion for protective order or other relief regarding such disclosure. (b) After entry of a protective order, the limits on disclosure provided by such order shall apply. IT IS SO ORDERED, /s/ Robert N. Chatigny Robert N. Chatigny United States District Judge 4