28 June 2019 Letter From Ithaca Plaintiffs v. Trump Panama

Case 1:18-cv-00390-ER Document 82 Filed 06/28/19 Page 1 of 70
Darryl R. Graham
Akerman LLP
666 Fifth Avenue
20th Floor
New York, NY 10103
T: 212 880 3800

F: 212 880 8965
June 28, 2019
VIA ECF
Honorable Edgardo Ramos

Thurgood Marshall U.S. Courthouse
40 Foley Square
New York, New York 10007
Re: Ithaca Capital Investments I, S.A., et al. v. Trump Panama Hotel Management
LLC, et al., No. 18 Civ. 390 (ER)
Dear Judge Ramos:
We represent the Plaintiffs in the above-captioned action. We write regarding the Civil
Case Discovery Plan & Scheduling Order’s requirement for the parties to submit an agreed-upon
protective order in this action by June 28, 2019. Unfortunately, we must request the Court’s
assistance with resolving two non-standard requests that the Defendants are insisting should be
included in the protective order.
Plaintiffs have been negotiating in good faith for weeks with Defendants in an attempt to
agree upon what should simply be a standard protective order. In order to avoid any dispute, we
have repeatedly offered to enter into any of the model protective orders that are available on
Your Honor’s colleagues’ websites in the Southern District of New York, such as Judge Rakoff’s
model protective order (attached as Exhibit A). We reiterate and reaffirm Plaintiffs’ willingness
to enter into any such model protective order, which is standard practice in this district.
However, Defendants have outright refused to enter into such a model order. Instead,
they proposed a highly restrictive and complicated protective order that is unnecessary for this
action.1 While we have been able to convince Defendants to remove some non-standard
provisions, they continue to insist on an attorneys’ eyes only designation for certain documents
and a so-called “use restriction.” These are not standard provisions and there is no basis for them
in this action.
1
For example, Defendants’ original proposed order included a provision requiring the receiving party – as opposed
to the designating party – to bear the burden of proof for why a confidentiality designation should or should not exist
for a particular document. This atypical burden reversal is just one of many highly unusual provisions in the order
Defendants proposed. A copy of Defendants’ initial proposed protective order is attached as Exhibit D.
akerman.com
June 28, 2019
2|Page
Based on our conversations with counsel, we suspect that Defendants’ aim is to designate
every document produced as “confidential” or “highly confidential,” which would preclude
Plaintiffs’ representatives from being able to look at key documents and assist counsel in the
preparation of this case, and to have this Court effectively order that documents produced in this
action cannot be used in the related arbitration proceeding, which would impinge on the
authority of the arbitral panel to conduct discovery, and thus would frustrate the related
arbitration. A protective order is not the place for gamesmanship.
As to the use restriction, we understand that Defendants are insisting on this provision
due to the pending related arbitration, in which both the Defendants (and the two Ithaca
Plaintiffs, as Defendants have never dismissed the claims against them) are parties. Given the
substantial overlap of parties, issues, discovery, and evidence, we do not understand Defendants’
insistence on a use restriction here. Nor is there any reason for concern at this time, as an arbitral
tribunal has not even been established in that proceeding. Moreover, if Defendants had concerns
about litigating in a public forum prior to the adjudication of the pending arbitration, it could
have joined in our request to stay this proceeding. They chose not to do so and are instead
attempting to impose non-standard limitations on how overlapping discovery should be used.
Having pushed for parallel proceedings, Defendants should not be permitted to restrict the
arbitration through this litigation.
However, in an attempt to first understand Defendants’ position and give it due

consideration during the meet and confer process, we requested authority that Defendants’
counsel was relying on to support the use restriction. Defendants’ counsel agreed to provide that
authority two weeks ago (attached as Exhibit E). Yet, weeks have gone by and they have not
provided that authority, despite multiple follow up requests. Moreover, Defendants have not
made any showing of why a use restriction is required or even standard practice for this case, as
Defendants, nevertheless, claim. Until Plaintiffs understand the rationale and authority for
Defendants’ unusual request, it is impossible for Plaintiffs to agree to it. Given their silence, we
assume there is no support.
As to the attorneys’ eyes only designation, Defendants have not been able to reasonably
identify the types of documents that would fall into this designation, despite our asking for
weeks. Based on our conversations with Defendants’ counsel, we understand that they are
generally worried about Mr. Fintiklis disclosing some sort of secret marketing information to
third-party managers of other hotels in which he may have a financial interest. This is a very
general and speculative concern, which does not make sense for numerous reasons, including but
not limited to the fact that: (1) the “Confidential” designation already covers marketing
materials; (2) Mr. Fintiklis likely had previous access to these materials as the majority investor
in Hotel TOC regardless of any document production in this action; (3) these theoretical highly
sensitive materials would only relate to the Panama hotel, which Defendants no longer operate,
and the Latin American market generally, where the Trump Organization no longer has a
presence; (4) we understand from news reports that the Trump Organization will not be
expanding internationally while President Trump remained in office, so there should not exist
any new potentially highly secretive documents about Latin American strategy; and (5) any
information relevant to these proceedings would be outdated and of no use in the current market.
June 28, 2019
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Thus, Defendants’ general and speculative concerns are unfounded and do not warrant the
extraordinary remedy of an attorneys’ eyes only designation at this time.
As a compromise, Plaintiffs proposed including a provision in the protective order

requiring the parties to meet and confer in the event that highly confidential documents are
discovered, and to set a process by which Defendants could apply to this Court to modify the
protective order to obtain an attorneys’ eyes only designation in the event the parties were unable
to agree (attached as Exhibit F). Defendants rejected this proposal.
Accordingly, we are in the unfortunate position of asking this Court to intervene and
resolve the parties’ dispute regarding the protective order. For Your Honor’s reference, we have
attached both Judge Rakoff’s model protective order (Exhibit A) and our revisions to
Defendants’ proposed protective order (Exhibit B), along with a blackline against Defendants’
latest version of their proposed order (Exhibit C). Plaintiffs are willing to enter into either of
these orders, or any of Your Honor’s colleagues’ model protective orders.
Plaintiffs respectfully request a telephonic conference to discuss these issues and thank
the Court for its attention to this matter.
Respectfully submitted,
/s/ Darryl R. Graham
Darryl R. Graham
cc: All counsel (via CM/ECF)
49321228
EXHIBIT A
UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF NEW YORK
------------------------------------X
X :
:
:
Plaintiffs, :
:
- v - : ## Civ. #### (JSR)
:
Y : PROTECTIVE ORDER
:
:
Defendants. :
------------------------------------X
JED S. RAKOFF, U.S.D.J.
The parties having agreed to the following terms of
confidentiality, and the Court having found that good cause
exists for issuance of an appropriately-tailored confidentiality
order governing the pre-trial phase of this action, it is
therefore hereby
ORDERED that any person subject to this Order -- including
without limitation the parties to this action, their
representatives, agents, experts and consultants, all third
parties providing discovery in this action, and all other
interested persons with actual or constructive notice of this
Order -- shall adhere to the following terms, upon pain of
contempt:
1. Any person subject to this Order who receives from any

other person any "Discovery Material" (i.e., information of any
kind provided in the course of discovery in this action) that is
designated as "Confidential" pursuant to the terms of this Order
shall not disclose such Confidential Discovery Material to anyone
else except as expressly permitted hereunder.
2. The person producing any given Discovery Material may
designate as Confidential only such portion of such material as
consists of:
(a) previously nondisclosed financial information (including
without limitation profitability reports or estimates, percentage
fees, design fees, royalty rates, minimum guarantee payments,
sales reports and sale margins);
(b) previously nondisclosed material relating to ownership
or control of any non-public company;
(c) previously nondisclosed business plans, product
development information, or marketing plans;
(d) any information of a personal or intimate nature
regarding any individual; or
(e) any other category of information hereinafter given
confidential status by the Court.
3. With respect to the Confidential portion of any
Discovery Material other than deposition transcripts and
exhibits, the producing person or that person's counsel may

designate such portion as "Confidential" by stamping or otherwise
clearly marking as "Confidential" the protected portion in a
manner that will not interfere with legibility or audibility, and
by also producing for future public use another copy of said
Discovery Material with the confidential information redacted.
With respect to deposition transcripts and exhibits, a producing
person or that person's counsel may indicate on the record that a
question calls for Confidential information, in which case the
transcript of the designated testimony shall be bound in a
separate volume and marked "Confidential Information Governed by
Protective Order" by the reporter.
4. If at any time prior to the trial of this action, a
producing person realizes that some portion[s] of Discovery
Material that that person previously produced without limitation
should be designated as Confidential, he may so designate by so
apprising all parties in writing, and such designated portion[s]
of the Discovery Material will thereafter be treated as
Confidential under the terms of this Order.
5. No person subject to this Order other than the producing
person shall disclose any of the Discovery Material designated by
the producing person as Confidential to any other person
whomsoever, except to:
(a) the parties to this action;

(b) counsel retained specifically for this action, including
any paralegal, clerical and other assistant employed by such
counsel and assigned to this matter;
(c) as to any document, its author, its addressee, and any
other person indicated on the face of the document as having
received a copy;
(d) any witness who counsel for a party in good faith
believes may be called to testify at trial or deposition in this
action, provided such person has first executed a Non-Disclosure
Agreement in the form annexed as an Exhibit hereto;
(e) any person retained by a party to serve as an expert
witness or otherwise provide specialized advice to counsel in
connection with this action, provided such person has first
executed a Non-Disclosure Agreement in the form annexed as an
Exhibit hereto;
(f) stenographers engaged to transcribe depositions
conducted in this action; and
(g) the Court and its support personnel.
6. Prior to any disclosure of any Confidential Discovery
Material to any person referred to in subparagraphs 5(d) or 5(e)
above, such person shall be provided by counsel with a copy of
this Protective Order and shall sign a Non-Disclosure Agreement
in the form annexed as an Exhibit hereto stating that that person

has read this Order and agrees to be bound by its terms. Said
counsel shall retain each signed Non-Disclosure Agreement, hold
it in escrow, and produce it to opposing counsel either prior to
such person being permitted to testify (at deposition or trial)
or at the conclusion of the case, whichever comes first.
7. All Confidential Discovery Material filed with the
Court, and all portions of pleadings, motions or other papers
filed with the Court that disclose such Confidential Discovery
Material, shall be filed under seal with the Clerk of the Court
and kept under seal until further order of the Court. The
parties will use their best efforts to minimize such sealing. In
any event, any party filing a motion or any other papers with the
Court under seal shall also publicly file a redacted copy of the
same, via the Court’s Electronic Case Filing system, that redacts
only the Confidential Discovery Material itself, and not text
that in no material way reveals the Confidential Discovery
Material.
8. Any party who either objects to any designation of
confidentiality, or who, by contrast, requests still further
limits on disclosure (such as "attorneys' eyes only" in
extraordinary circumstances), may at any time prior to the trial
of this action serve upon counsel for the designating person a
written notice stating with particularity the grounds of the

objection or request. If agreement cannot be reached promptly,
counsel for all affected persons will convene a joint telephone
call with the Court to obtain a ruling.
9. All persons are hereby placed on notice that the Court
is unlikely to seal or otherwise afford confidential treatment to
any Discovery Material introduced in evidence at trial, even if
such material has previously been sealed or designated as
Confidential. The Court also retains unfettered discretion
whether or not to afford confidential treatment to any
Confidential Document or information contained in any
Confidential Document submitted to the Court in connection with
any motion, application, or proceeding that may result in an
order and/or decision by the Court.
10. Each person who has access to Discovery Material that
has been designated as Confidential shall take all due
precautions to prevent the unauthorized or inadvertent disclosure
of such material.
11. If, in connection with this litigation, a party
inadvertently discloses information subject to a claim of
attorney-client privilege or attorney work product protection
("Inadvertently Disclosed Information"), such disclosure shall
not constitute or be deemed a waiver or forfeiture of any claim
of privilege or work product protection with respect to the

Inadvertently Disclosed Information and its subject matter.
12. If a disclosing party makes a claim of inadvertent
disclosure, the receiving party shall, within five business days,
return or destroy all copies of the Inadvertently Disclosed
Information, and provide a certification of counsel that all such
information has been returned or destroyed.
13. Within five business days of the notification that such
Inadvertently Disclosed Information has been returned or
destroyed, the disclosing party shall produce a privilege log
with respect to the Inadvertently Disclosed Information.
14. The receiving party may move the Court for an Order
compelling production of the Inadvertently Disclosed Information.
The motion shall be filed under seal, and shall not assert as a
ground for entering such an Order the fact or circumstances of
the inadvertent production.
15. The disclosing party retains the burden of establishing
the privileged or protected nature of any Inadvertently Disclosed
Information. Nothing in this Order shall limit the right of any
party to request an in camera review of the Inadvertently
Disclosed Information.
16. This Protective Order shall survive the termination of
the litigation. Within 30 days of the final disposition of this
action, all Discovery Material designated as "Confidential," and

all copies thereof, shall be promptly returned to the producing
person, or, upon permission of the producing person, destroyed.
17. This Court shall retain jurisdiction over all persons
subject to this Order to the extent necessary to enforce any
obligations arising hereunder or to impose sanctions for any
contempt thereof.
SO STIPULATED AND AGREED.
_______________________ _______________________
Dated: Dated:
SO ORDERED.
_______________________
JED S. RAKOFF, U.S.D.J.
Dated: New York, New York

MONTH, DAY, YEAR

------------------------------------X
X :
:
:
Plaintiffs, : ## Civ. #### (JSR)
- v - :
: Non-Disclosure
Y : Agreement
:
:
Defendants. :
------------------------------------X
I, ________________________, acknowledge that I have read
and understand the Protective Order in this action governing the
non-disclosure of those portions of Discovery Material that have
been designated as Confidential. I agree that I will not
disclose such Confidential Discovery Material to anyone other
than for purposes of this litigation and that at the conclusion
of the litigation I will return all discovery information to the
party or attorney from whom I received it. By acknowledging
these obligations under the Protective Order, I understand that I
am submitting myself to the jurisdiction of the United States
District Court for the Southern District of New York for the
purpose of any issue or dispute arising hereunder and that my
willful violation of any term of the Protective Order could
subject me to punishment for contempt of Court.
Dated: ___________ _________________________________

EXHIBIT B

ITHACA CAPITAL INVESTMENTS I, S.A., ITHACA Civil Action No. 1:18-cv-390-ER

CAPITAL INVESTMENTS II, S.A., and ORESTES
FINTIKLIS,
Plaintiffs,
v.
TRUMP PANAMA HOTEL MANAGEMENT LLC,

and TRUMP INTERNATIONAL HOTELS
MANAGEMENT, LLC,
Defendants.
STIPULATED CONFIDENTIALITY AGREEMENT AND

[PROPOSED] PROTECTIVE ORDER
WHEREAS, Plaintiffs Ithaca Capital Investments I, S.A., Ithaca Capital Investments II,
S.A., and Orestes Fintiklis (“Plaintiffs”) and Defendants Trump Panama Hotel Management LLC
and Trump International Hotels Management, LLC (“Defendants”) (collectively, “the parties”)
assert claims in this action (the “Action”);
WHEREAS, certain documents and information have been and may be sought, produced,
exhibited or disclosed in the Action which relate to the parties’ financial information, competitive
information, personnel information, development or other kinds of commercially sensitive or
otherwise proprietary or personal information, including non-public information;
WHEREAS, the parties in this Action, through their respective counsel, wish to enter into
a protective order preserving the confidentiality of and limiting access to certain documents and
information produced by any party and their respective counsel or by any non-party in the course
of discovery;
IT IS HEREBY STIPULATED AND AGREED THAT:
1. This Protective Order shall govern the treatment of all documents, the information
contained therein, and all other information produced or disclosed during the Action, whether
revealed in a document, deposition, other testimony, discovery response or otherwise (“Documents
or Information”), by any party or other person in this Action including non-parties (the “Producing
Party” to any other party (the “Discovering Party”)), when the foregoing are designated by a party
(the “Designating Party”) in accordance with the procedures set forth herein. This Protective Order
is binding upon the parties to the Action, including any party who may join or seek to join this
litigation, and including their respective corporate parents, subsidiaries, affiliates, successors and
assigns, and their respective attorneys, agents, representatives, officers, employees and others as
set forth in this Protective Order.
2. “Confidential Information” as used herein means any Documents or Information
that are designated pursuant to this Protective Order as “CONFIDENTIAL” because counsel
determines in good faith that the Documents or Information contain or reflect:
a. Previously nondisclosed (i.e., non-public) financial information (including,
without limitation, financial statements (audited or otherwise), trial balance, cash balances, and
any other similar reporting);
b. Previously nondisclosed (i.e., non-public) materials relating to the
ownership, operation or control of a non-public company;
c. Previously nondisclosed (i.e., non-public) business plans, product
d. Any information that is of a personal or intimate nature regarding any
individual;
e. Any information for which the Producing Party is under a duty of

2
confidentiality imposed by contract or other source of legal or judicial authority; or
f. Any other category of information hereinafter given confidential status by
the Court.
In no event shall material which is available to the public be designated as “CONFIDENTIAL.”
3. Documents or Information shall, if appropriate, be designated as Confidential
Information by marking the first page of the document and each subsequent page thereof
containing such Documents or Information as “CONFIDENTIAL.” Designations shall be made
by the Producing Party, except to the extent that any parties or non-parties produce any Documents
or Information developed by, pertaining to, or belonging to a party to this action, in which case
counsel for such party reserves the right to designate those documents as Confidential Information
pursuant to this Protective Order by providing written notice to the Producing Party, copied to all
parties in this action, containing the Bates Stamps of the documents to be designated and the
corresponding designations.
4. Counsel for any Designating Party shall have the right to exclude from depositions,
other than the deponent and the deponent’s counsel, any person who is not authorized by this
Protective Order to receive or access Documents or Information based on the designation of such
Documents or Information. Deponents shall not be shown Documents or Information to which
they are not entitled pursuant to the terms of this Protective Order. Disclosures made at a deposition
taken in connection with this Action may be designated as “CONFIDENTIAL” by any party, by:
a. designating testimony as “CONFIDENTIAL” on the record during the
taking of the deposition; or
b. notifying the reporter and all counsel of record, in writing, within twenty
(20) business days after receipt of a final and official deposition transcript, of the specific pages
3
and lines of the transcript that are to be designated “CONFIDENTIAL,” in which case all counsel
receiving the transcript will be responsible for marking the copies of the designated transcript in
their possession or under their control accordingly. During the 20-day period following receipt of
a final deposition transcript, all parties will treat the entire deposition transcript as if it had been
designated “CONFIDENTIAL.”
5. Confidential Information shall not be furnished, shown, distributed, quoted,
summarized or disclosed in any way to any person or entity, except to:
a. the parties;
b. outside counsel employed by the parties to assist in the Action, as well as
the attorneys, paralegals and stenographic and clerical employees in the respective law firms of
such outside counsel;
c. the personnel supplied by any independent contractor (including litigation
support service personnel with whom such attorneys work) in connection with the Action subject
to compliance with paragraph 11 of this Protective Order;
d. such officers and employees of the discovering party, including in-house
counsel, as outside counsel for that party deem necessary for the sole purpose of assisting in this
Action, subject to compliance with paragraph 11 of this Protective Order;
e. any outside consultant or expert who is assisting counsel or a party to the
Action to whom it is necessary to disclose Confidential Information for the purpose of assisting
in, or consulting with respect to, the preparation of this Action, provided that such person has first
executed a Non-Disclosure Agreement in the form annexed as Exhibit A to this Protective Order;
f. any trial or deposition witnesses, who are examined in good faith by counsel
with respect to Confidential Information for legitimate discovery or trial purposes, counsel for
4
such witnesses, and any person whom counsel believes in good faith may be a witness in this
action and whose examination with respect to Confidential Information may be necessary in
connection with that testimony, provided that such persons have first executed a Non-Disclosure
Agreement in the form annexed as Exhibit A to this Protective Order;
g. any individual who can reasonably be identified as having sent, drafted, or
received the Document or Information, as facially identifiable by the four corners of the Document
or Information;
h. the Court and any members of its staff to whom it is necessary to disclose
Confidential Information for the purpose of assisting the Court in this Action;
i. stenographic employees and court reporters recording or transcribing
testimony relating to the Action; and
j. any other person agreed to by the parties in writing, provided that such
persons have first executed a Non-Disclosure Agreement in the form annexed as Exhibit A to this
Protective Order.
6. If any person subject to this Protective Order who has custody of any Confidential
Information receives a subpoena or other process (“Subpoena”) from any government or other
person or entity demanding production of such materials, the recipient of the Subpoena shall
promptly give notice of the same by electronic mail transmission, followed by either express mail
or overnight delivery to counsel of record for the Designating Party, and shall furnish such counsel
with a copy of the Subpoena; provided, however, that should such Subpoena by its terms limit
disclosure of its existence, no such notice of the Subpoena to the Designating Party is required.
Upon receipt of this notice, the Designating Party may, in its sole discretion and at its own cost,
move to quash or limit the Subpoena, otherwise oppose production of the Confidential
5
Information, and/or seek to obtain confidential treatment of such materials from the subpoenaing
person or entity to the fullest extent available under law. The recipient of the Subpoena may not
produce any materials designated as “CONFIDENTIAL” pursuant to the Subpoena prior to the
date specified for production on the Subpoena.
7. Counsel shall take all reasonable and necessary steps to assure the security of any
Confidential Information and will take all reasonable steps to limit access to Confidential
Information to those persons listed in paragraphs 5 of this Protective Order, as applicable.
Documents or Information designated pursuant to this Protective Order will be kept in the
possession of persons entitled to receive copies of the documents pursuant to the terms of this
Protective Order.
8. A file of all Non-Disclosure Agreements that are executed pursuant to this
Protective Order shall be maintained by outside counsel for the party obtaining them and shall be
made available, upon request, for inspection by the Court in camera, or by a party who has
reasonable grounds to believe that the terms of this Protective Order may have been violated.
9. Any designating party may redesignate (or withdraw a designation regarding) any
Documents or Information that it has designated during the course of this Action (“Redesignated
Material”), provided that such redesignation shall be effective only as of the date of such
redesignation. Any redesignation, or withdrawal of designations shall be accomplished by
notifying counsel for each party in writing of such redesignation (or withdrawal). Upon receipt of
any such notice, counsel of record shall: (a) not make any further disclosure or communication of
such redesignated material except as provided for in this Protective Order; and (b) take reasonable
steps to notify any persons known to have possession of any redesignated material of the effect of
6
such redesignation under this Protective Order. The parties specifically reserve the right to
withdraw any designation on any document or information they designated in this litigation.
10. Any party may object to the propriety of the designation, redesignation, or lack of
designation (“Objecting Party”) of specific Documents or Information as “CONFIDENTIAL,”
including any objections by other parties to designations or redesignations pursuant to this
Protective Order, by serving a written objection upon the Designating Party’s counsel. The
Designating Party or its counsel shall thereafter, within ten (10) business days, respond to such
objection in writing by either: (a) agreeing to remove, revise, or add the designation pursuant to
the Objecting Party’s request; or (b) stating the reason why the designation (or decision not to
designate) was made. If the Objecting Party and the Designating Party are subsequently unable to
agree upon the terms and conditions of disclosure for the Documents or Information in issue, any
Party shall be free to move the Court for an Order removing, adding, or modifying the disputed
designation. Pending the resolution of the motion, the Documents or Information in issue shall
continue to be treated in the manner as designated by the Designating Party unless and until the
Court orders otherwise.
11. Notwithstanding any other provisions hereof, nothing in the foregoing shall restrict
any party’s counsel from rendering advice to its clients with respect to this Action, and in the
course thereof, relying upon Confidential Information.
12. Inadvertent production of any Documents or Information, including that which is
disclosed during a deposition, without a designation will not be deemed to waive a party’s right to
subsequently designate said Documents or Information pursuant to this Protective Order at a later
date. Disclosure of said Documents or Information by any party prior to such later designation
shall not be deemed a violation of the provisions of this Protective Order provided, however, that
7
the party that disclosed the redesignated Documents or Information shall make a reasonable effort
to procure all copies of such redesignated Documents or Information from any persons known to
have possession who are not entitled to receipt thereof under this Protective Order and have such
persons sign on to the certification attached as Exhibit A hereto to the extent required under
Paragraph 5 of this Protective Order.
13. In the event that a Receiving Party determines to file or submit any papers
containing or making reference to any confidential Discovery Material produced by a Producing
Party, such papers, or any portions thereof containing or making reference to such Confidential
Information, shall be filed either in redacted form or with a request that the papers be filed under
seal in accordance with the Southern District of New York’s Electronic Case Filing Rules and the
rules of the Court (and kept under seal until further order of the Court).
14. Nothing herein shall be construed to affect in any manner the admissibility at trial
of any Documents or Information. Nor shall this Protective Order be deemed to waive any privilege
recognized by law. This Order shall be interpreted to provide the maximum protection allowed by
Federal Rule of Evidence 502(d). The foregoing is entirely without prejudice to the right of any
party or non-party to apply to the Court for a protective order relating to Confidential Information;
to review Documents or Information (including metadata) for relevance, responsiveness and/or
segregation of privileged and/or protected information before production; to object to the
production of Documents or Information; to redact content contained within Documents or
Information, regardless of their designations; or to apply to the Court for an order compelling the
production of Documents or Information. This Protective Order may be enforced by any party.
15. Upon the conclusion of the Action, including any appeals related thereto, at the
written request and option of either party, all Confidential Information, and any and all copies
8
thereof, shall be be returned or destroyed within sixty (60) calendar days to the designating party
at the designating party’s expense, provided, however, that counsel may retain their attorney work
product and all court-filed documents, all of which shall remain subject to the terms of this
Protective Order. In the alternative, either the designating party or the person receiving the
Confidential Information may elect to have the same destroyed.
16. If Confidential Information is disclosed to any person other than in the manner
authorized by this Protective Order, the party responsible for the disclosure shall, as soon as
possible upon learning of such disclosure, inform the Designating Party of all pertinent facts
relating to such disclosure and shall make every effort to prevent disclosure by each unauthorized
person who received such information, and shall promptly endeavor to procure all copies of such
Documents or Information have each person sign on to the certification attached as Exhibit A
hereto.
17. Should the need arise for any of the parties to disclose Confidential Information
during any hearing or trial before the Court, including through argument or the presentation of
evidence, such party may do so only after taking such steps as the Court, upon motion of the party
seeking to disclose the Documents or Information, shall deem necessary to preserve the
confidentiality of such Confidential Information.
18. Nothing contained in this Protective Order shall preclude any party from using its
own Documents or Information in any manner it sees fit, without prior consent of any other party
or the Court, unless any party has retained or produced any Documents or Information belonging
to another party, in which case the retaining/producing party shall not use those Documents or
Information except as governed by this Protective Order, shall not disclose those Documents or
Information except to those individuals entitled to disclosure pursuant to this Protective Order, and
9
shall subsequently destroy or return those Documents or Information pursuant to paragraph 15 of
this Protective Order.
19. Nothing herein shall operate as an admission by any of the parties hereto that any
particular material contains or reflects trade secrets, or other confidential or proprietary
information.
20. By written agreement of the parties, or upon motion and order of the Court, the
terms of this Protective Order may be amended or modified. This Protective Order shall continue
in force until amended or superseded by express order of the Court, and shall survive any final
judgment or settlement in this Action.
21. This Protective Order may be changed by further order of this Court, and is without
prejudice to the rights of a party to move for relief from any of its provisions, or to seek or agree
to different or additional protection for any particular document or information.
10
AKERMAN LLP PRYOR CASHMAN LLP
Joshua D. Bernstein Todd E. Soloway

Darryl R. Graham Bryan T. Mohler
Kathleen M. Prystowsky Marion R. Harris
666 Fifth Avenue, 20th Floor 7 Times Square
New York, New York 10103 New York, New York 10036
(212) 880-3800 (212) 421-2100
Attorneys for Plaintiffs Attorneys for Defendants
SO ORDERED, on: BY THE COURT:
Edgardo Ramos
United States District Judge
11
EXHIBIT A


FINTIKLIS,
Plaintiffs,
v.

MANAGEMENT, LLC,
Defendants.
I, _____________________, acknowledge that I have read and understand the Protective
Order in this action governing the non-disclosure of Confidential Information. I agree that I will
not disclose to anyone such Confidential Information other than for purposes of this litigation as
defined in the Protective Order, and that at the conclusion of the litigation I will return all
discovery information to the party or attorney from whom I received it. By acknowledging these
obligations under the Protective Order, I understand that I am submitting myself to the
jurisdiction of the United States District Court for the Southern District of New York for the
purpose of any issue or dispute arising hereunder and that my willful violation of any term of the
Protective Order could subject me to punishment for contempt of Court.
Dated:
By:
EXHIBIT C


FINTIKLIS,
Plaintiffs,
v.

MANAGEMENT, LLC,
Defendants.

WHEREAS, certain documents and information have been and may be sought,
produced, exhibited or disclosed in the Action which relate to the parties’ financial information,
competitive information, personnel information, development or other kinds of commercially
sensitive or otherwise proprietary or personal information, including non-public information;
WHEREAS, the parties in this Action, through their respective counsel, wish to enter
into a protective order preserving the confidentiality of and limiting access to certain documents
and information produced by any party and their respective counsel or by any non-party in the
course of discovery;
revealed in a document, deposition, other testimony, discovery response or otherwise
(“Documents or Information”), by any party or other person in this Action including non-parties
(the “Producing Party” to any other party (the “Discovering Party”)), when the foregoing are
designated by a party (the “Designating Party”) in accordance with the procedures set forth
herein. This Protective Order is binding upon the parties to the Action, including any party who
may join or seek to join this litigation, and including their respective corporate parents,
subsidiaries, affiliates, successors and assigns, and their respective attorneys, agents,
representatives, officers, employees and others as set forth in this Protective Order.
that are designated pursuant to this Protective Order as “CONFIDENTIAL” because counsel
determines in good faith that the Documents or Information contain or reflect:
a. Previously nondisclosed (i.e., non-public) financial information (including,
without limitation, financial statements (audited or otherwise), trial balance, cash balances, and
any other similar reporting);
b. Previously nondisclosed (i.e., non-public) materials relating to the
ownership, operation or control of a non-public company;
c. Previously nondisclosed (i.e., non-public) business plans, product
d. Any information that is of a personal or intimate nature regarding any
individual;
e. Any information for which the Producing Party is under a duty of

2
confidentiality imposed by contract or other source of legal or judicial authority; or
f. Any other category of information hereinafter given confidential status by
the Court.
In no event shall material which is available to the public be designated as “CONFIDENTIAL.”
3. “Highly Confidential Information,” as used herein shall mean all Documents or
Information designated by the Designating Party, based on a good faith belief that the disclosure
of such documents outside the attorneys’ eyes only group referred to in paragraph 7 hereof,
would create a substantial risk of competitive, commercial or financial injurity to it, its
personnel, clients or customers. Highly Confidential Information shall be designated pursuant to
this Protective order as “HIGHLY CONFIDENTIAL – For Attorneys’ Eyes Only.” Each Party or
non-party that designates Documents or Inofrmation as HIGHLY CONFIDENTIAL – For
Attorneys’ Eyes Only shall take care to limit such designation to specific material that qualitifies
under the foregoing standard.
3. 4. Documents or Information shall, if appropriate, be designated as Confidential
containing such Documents or Information as “CONFIDENTIAL.” Documents or Information
shall, if appropriate, be designated as Highly Confidential Information by marking the first page
of the document and each subsequent page thereof containing such Documents or Information as
“HIGHLY CONFIDENTIAL – For Attorneys’ Eyes Only.” Designations shall be made by the
Producing Party, except to the extent that any parties or non-parties produce any Documents or
Information developed by, pertaining to, or belonging to a party to this action, in which case
counsel for such party reserves the right to designate those documents as Confidential
Information or Highly Confidential Information pursuant to this Protective Order by providing
3
written notice to the Producing Party, copied to all parties in this action, containing the Bates
Stamps of the documents to be designated and the corresponding designations.
4. 5. Counsel for any Designating Party shall have the right to exclude from
depositions, other than the deponent and the deponent’s counsel, any person who is not
authorized by this Protective Order to receive or access Documents or Information based on the
designation of such Documents or Information. Deponents shall not be shown Documents or
Information to which they are not entitled pursuant to the terms of this Protective Order.
Disclosures made at a deposition taken in connection with this Action may be designated as
“CONFIDENTIAL” by any party, by:
their possession or under their control accordingly. During the 20-day period following receipt
of a final deposition transcript, all parties will treat the entire deposition transcript as if it had
been designated “CONFIDENTIAL.”
5. 6. Confidential Information shall not be furnished, shown, distributed, quoted,
summarized or disclosed in any way to any person or entity, except to:
a. the parties;
4
in, or consulting with respect to, the preparation of this Action, provided that such person has
first executed a Non-Disclosure Agreement in the form annexed as Exhibit A to this Protective
Order;
f. any trial or deposition witnesses, who are examined in good faith by
counsel with respect to Confidential Information for legitimate discovery or trial purposes,
counsel for such witnesses, and any person whom counsel believes in good faith may be a
witness in this action and whose examination with respect to Confidential Information may be
necessary in connection with that testimony, provided that such persons have first executed a
Non-Disclosure Agreement in the form annexed as Exhibit A to this Protective Order;
received the Document or Information, as facially identifiable by the four corners of the
Document or Information;
5
j. any other person agreed to by the parties in writing, provided that such
persons have first executed a Non-Disclosure Agreement in the form annexed as Exhibit A to
this Protective Order.
7. Highly Confidential Information shall not be furnished, shown, distributed,
quoted, summarized or disclosed in any way to any person or entity, including at a deposition,
except to:
a. counsel for the parties (including, where applicable, in-house counsel) to
this action and their associated attorneys, paralegals and other professional personnel (including
support staff) who are directly assisting such counsel in the preparation of this action for trial or
other proceeding herein, are under the supervision and control of such counsel, and who have
been advised by such counsel of their obligations hereunder; and
b. expert witnesses or consultants retained by the parties or their counsel to
furnish technical or expert services in connection with this action or to give testimony with
respect to the subject matter of this action at the trial of this action or other proceeding herein;
provided, however, that Highly Confidential Information is furnished, shown or disclosed in
accordance with paragraph 12 hereof.
8. Anyone having knowledge of Documents or Information designated pursuant to
this Protective Order shall use it only in connection with the prosecution or appeal of the Action
and shall not use it for any purpose nor disclose it to any party other than those permitted by this
6
Protective Order; provided, however, that this Protective Order in no way restricts anyone’s use
of information known to him/her unrelated to the disclosures made in this Action and not
otherwise subject to a confidentiality requirement existing in contract or otherwise at law. In
making copies of Confidential Information or Highly Confidential Information, reasonable
precautions shall be taken to ensure that all copies remain within the possession of counsel for
the parties or those designated persons entitled to access pursuant to the terms of this Protective
Order.
6. 9. If any person subject to this Protective Order who has custody of any
Confidential Information or Highly Confidential Information receives a subpoena or other
process (“Subpoena”) from any government or other person or entity demanding production of
such materials, the recipient of the Subpoena shall promptly give notice of the same by electronic
mail transmission, followed by either express mail or overnight delivery to counsel of record for
the Designating Party, and shall furnish such counsel with a copy of the Subpoena; provided,
however, that should such Subpoena by its terms limit disclosure of its existence, no such notice
of the Subpoena to the Designating Party is required. Upon receipt of this notice, the Designating
Party may, in its sole discretion and at its own cost, move to quash or limit the Subpoena,
otherwise oppose production of the Confidential Information or Highly Confidential Information,
and/or seek to obtain confidential treatment of such materials from the subpoenaing person or
entity to the fullest extent available under law. The recipient of the Subpoena may not produce
any materials designated as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – For
Attorneys’ Eyes Only” pursuant to the Subpoena prior to the date specified for production on the
Subpoena.
7
7. 10. Counsel shall take all reasonable and necessary steps to assure the security of
any Confidential Information or Highly Confidential Information and will take all reasonable
steps to limit access to Confidential Information and Highly Confidential Information to those
persons listed in paragraphs 6 and 75 of this Protective Order, as applicable. Documents or
Information designated pursuant to this Protective Order will be kept in the possession of persons
entitled to receive copies of the documents pursuant to the terms of this Protective Order.
8. 11. A file of all Non-Disclosure Agreements that are executed pursuant to this
Protective Order shall be maintained by outside counsel for the party obtaining them and shall be
made available, upon request, for inspection by the Court in camera, or by a party who has
reasonable grounds to believe that the terms of this Protective Order may have been violated.
9. 12. Any designating party may redesignate (or withdraw a designation regarding)
any Documents or Information that it has designated during the course of this Action
(“Redesignated Material”), provided that such redesignation shall be effective only as of the date
of such redesignation. Any redesignation, or withdrawal of designations shall be accomplished
by notifying counsel for each party in writing of such redesignation (or withdrawal). Upon
receipt of any such notice, counsel of record shall: (a) not make any further disclosure or
communication of such redesignated material except as provided for in this Protective Order; and
(b) take reasonable steps to notify any persons known to have possession of any redesignated
material of the effect of such redesignation under this Protective Order. The parties specifically
reserve the right to withdraw any designation on any document or information they designated in
this litigation.
10. 13. Any party may object to the propriety of the designation, redesignation, or
lack of designation (“Objecting Party”) of specific Documents or Information as
8
“CONFIDENTIAL,” or “HIGHLY CONFIDENTIAL – For Attorneys’ Eyes Only,” including
any objections by other parties to designations or redesignations pursuant to this Protective
Order, by serving a written objection upon the Designating Party’s counsel. The Designating
Party or its counsel shall thereafter, within ten (10) business days, respond to such objection in
writing by either: (a) agreeing to remove, revise, or add the designation pursuant to the
Objecting Party’s request; or (b) stating the reason why the designation (or decision not to
designate) was made. If the Objecting Party and the Designating Party are subsequently unable
to agree upon the terms and conditions of disclosure for the Documents or Information in issue,
any Party shall be free to move the Court for an Order removing, adding, or modifying the
disputed designation. Pending the resolution of the motion, the Documents or Information in
issue shall continue to be treated in the manner as designated by the Designating Party unless and
until the Court orders otherwise.
11. 14. Notwithstanding any other provisions hereof, nothing in the foregoing shall
restrict any party’s counsel from rendering advice to its clients with respect to this Action, and in
the course thereof, relying upon Confidential Information or Highly Confidential Information,
provided that in rendering such advice, outside counsel shall not disclose any Confidential
Information or Highly Confidential Information other than as permitted by this Protective Order.
12. 15. Inadvertent production of any Documents or Information, including that which
is disclosed during a deposition, without a designation will not be deemed to waive a party’s
right to subsequently designate said Documents or Information pursuant to this Protective Order
at a later date. Disclosure of said Documents or Information by any party prior to such later
designation shall not be deemed a violation of the provisions of this Protective Order provided,
however, that the party that disclosed the redesignated Documents or Information shall make a
9
reasonable effort to procure all copies of such redesignated Documents or Information from any
persons known to have possession who are not entitled to receipt thereof under this Protective
Order and have such persons sign on to the certification attached as Exhibit A hereto to the
extent required under Paragraph 5 of this Protective Order.
13. 16. In the event that a Receiving Party determines to file or submit any papers
containing or making reference to any confidential Discovery Material produced by a Producing
Party, such papers, or any portions thereof containing or making reference to such Confidential
Information, shall be filed either in redacted form or with a request that the papers be filed under
seal in accordance with the Southern District of New York’s Electronic Case Filing Rules and the
rules of the Court (and kept under seal until further order of the Court).
14. 17. Nothing herein shall be construed to affect in any manner the admissibility at
trial of any Documents or Information. Nor shall this Protective Order be deemed to waive any
privilege recognized by law. This Order shall be interpreted to provide the maximum protection
allowed by Federal Rule of Evidence 502(d). The foregoing is entirely without prejudice to the
right of any party or non-party to apply to the Court for a protective order relating to Confidential
Information; to review Documents or Information (including metadata) for relevance,
responsiveness and/or segregation of privileged and/or protected information before production;
to object to the production of Documents or Information; to redact content contained within
Documents or Information, regardless of their designations; or to apply to the Court for an order
compelling the production of Documents or Information. This Protective Order may be enforced
by any party.
15. 18. Upon the conclusion of the Action, including any appeals related thereto, at
the written request and option of either party, all Confidential Information and Highly
10
Confidential Information, and any and all copies thereof, shall be be returned or destroyed within
sixty (60) calendar days to the designating party at the designating party’s expense, provided,
however, that counsel may retain their attorney work product and all court-filed documents, all of
which shall remain subject to the terms of this Protective Order. In the alternative, either the
designating party or the person receiving the Confidential Information or Highly Confidential
Information may elect to have the same destroyed.
16. 19. If Confidential Information or Highly Confidential Information is disclosed to
any person other than in the manner authorized by this Protective Order, the party responsible for
the disclosure shall, as soon as possible upon learning of such disclosure, inform the Designating
Party of all pertinent facts relating to such disclosure and shall make every effort to prevent
disclosure by each unauthorized person who received such information, and shall promptly
endeavor to procure all copies of such Documents or Information have each person sign on to the
certification attached as Exhibit A hereto.
17. 20. Should the need arise for any of the parties to disclose Confidential
Information or Highly Confidential Information during any hearing or trial before the Court,
including through argument or the presentation of evidence, such party may do so only after
taking such steps as the Court, upon motion of the party seeking to disclose the Documents or
Information, shall deem necessary to preserve the confidentiality of such Confidential
Information or Highly Confidential Information.
18. 21. Nothing contained in this Protective Order shall preclude any party from using
its own Documents or Information in any manner it sees fit, without prior consent of any other
party or the Court, unless any party has retained or produced any Documents or Information
belonging to another party, in which case the retaining/producing party shall not use those
11
Documents or Information except for purposes of litigating this Action as governed by this
Protective Order, shall not disclose those Documents or Information except to those individuals
entitled to disclosure pursuant to this Protective Order, and shall subsequently destroy or return
those Documents or Information pursuant to paragraph 1815 of this Protective Order.
19. 22. Nothing herein shall operate as an admission by any of the parties hereto that
any particular material contains or reflects trade secrets, or other confidential or proprietary
information.
20. 23. By written agreement of the parties, or upon motion and order of the Court,
the terms of this Protective Order may be amended or modified. This Protective Order shall
continue in force until amended or superseded by express order of the Court, and shall survive
any final judgment or settlement in this Action.
21. 24. This Protective Order may be changed by further order of this Court, and is
without prejudice to the rights of a party to move for relief from any of its provisions, or to seek
or agree to different or additional protection for any particular document or information.
12

(212) 880-3800 (212) 421-2100
Edgardo Ramos
13
EXHIBIT A


FINTIKLIS,
Plaintiffs,
v.

MANAGEMENT, LLC,
Defendants.
Order in this action governing the non-disclosure of Confidential Information and Highly
Confidential Information. I agree that I will not disclose to anyone, or use in any way, such
Confidential Information and/or Highly Confidential Information other than for purposes of this
litigation as defined in the Protective Order, and that at the conclusion of the litigation I will
return all discovery information to the party or attorney from whom I received it. By
acknowledging these obligations under the Protective Order, I understand that I am submitting
myself to the jurisdiction of the United States District Court for the Southern District of New
York for the purpose of any issue or dispute arising hereunder and that my willful violation of
any term of the Protective Order could subject me to punishment for contempt of Court.
Dated:
By:
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EXHIBIT D
From: Harris, Marion R. <MHarris@PRYORCASHMAN.com>

Sent: Monday, June 10, 2019 10:49 AM
To: Bernstein, Joshua (Ptnr-NY); Graham, Darryl (Ptnr-NY); Prystowsky, Kathleen (Assoc-NY)
Cc: Soloway, Todd E.; Mohler, Bryan T.
Subject: Ithaca Capital Investments I, S.A., et al., v. Trump Panama Hotel Management, LLC, et
ano. - 18 Civ. 390 (S.D.N.Y.) - Draft ESI Protocol & Confidentiality Order
Attachments: 18cv390 - Draft ESI Protocol.DOCX; 18cv390 - Draft Protective Order.DOCX
Follow Up Flag: Follow up

Flag Status: Completed
Counsel:
In light of the June 14, 2019 deadline to submit an ESI Protocol and Proposed Confidentiality Order to the Court in this
action, I am attaching drafts for your review and comment. Please let us know if you’d like to discuss these documents.
Regards,
Marion
_______________________________________
MARION R. HARRIS
Associate
PRYOR CASHMAN LLP
7 Times Square, New York, NY 10036-6569
mharris@pryorcashman.com
Direct Tel: 212-326-0128

Main Fax: 212-326-0806
Mobile: 646-573-8465
LinkedIn | Bio
www.pryorcashman.com
A member of Interlaw, an International Association of Independent Law Firms
***CONFIDENTIALITY NOTICE***
This email contains confidential information which may also be legally privileged and which is intended only for the use of
the recipient(s) named above. If you are not the intended recipient, you are hereby notified that forwarding or copying of
this email, or the taking of any action in reliance on its contents, may be strictly prohibited. If you have received this email
in error, please notify us immediately by reply email and delete this message from your inbox.
1


FINTIKLIS,
Plaintiffs,
v.

MANAGEMENT, LLC,
Defendants.

WHEREAS, certain documents and information have been and may be sought, produced,
exhibited or disclosed in the Action which relate to the parties’ financial information, competitive
information, personnel information, development or other kinds of commercially sensitive or
otherwise proprietary or personal information, including non-public information;
WHEREAS, the parties in this Action, through their respective counsel, wish to enter into
a protective order preserving the confidentiality of and limiting access to certain documents and
information produced by any party and their respective counsel or by any non-party in the course
of discovery;
revealed in a document, deposition, other testimony, discovery response or otherwise (“Documents
or Information”), by any party or other person in this Action including non-parties (the “Producing
Party” to any other party (the “Discovering Party”)), when the foregoing are designated by a party
(the “Designating Party”) in accordance with the procedures set forth herein. This Protective Order
is binding upon the parties to the Action, including any party who may join or seek to join this
litigation, and including their respective corporate parents, subsidiaries, affiliates, successors and
assigns, and their respective attorneys, agents, representatives, officers, employees and others as
set forth in this Protective Order.
that are designated pursuant to this Protective Order as “CONFIDENTIAL” and where counsel
determines in good faith that the Documents or Information constitute confidential, personal,
privileged or proprietary information, or which is of such a highly sensitive nature that the party
believes in good faith that such information could be used to its detriment unless disclosure is
restricted to only those persons to whom access is essential for the prosecution or defense of the
Action and its use is restricted to the sole and exclusive purpose of resolving the disputed issues
of fact and law in this Action. Material which is available to the public shall not be designated as
“CONFIDENTIAL.”
3. “Highly Confidential Information,” as used herein shall mean all Documents or
Information designated by the Designating Party, based on a good faith belief that the disclosure
of such documents outside the attorneys’ eyes only group referred to in paragraph 7 hereof, would
create a substantial risk of competitive, commercial or financial injurity to it, its personnel, clients
2
or customers. Highly Confidential Information shall be designated pursuatnt to this Protective
order as “HIGHLY CONFIDENTIAL – For Attorneys’ Eyes Only.” Each Party or non-party that
designates Documents or Inofrmation as HIGHLY CONFIDENTIAL – For Attorneys’ Eyes Only
shall take care to limit such designation to specific material that qualitifies under the foregoing
standard.
4. Documents or Information shall, if appropriate, be designated as Confidential
containing such Documents or Information as “CONFIDENTIAL.” Documents or Information
shall, if appropriate, be designated as Highly Confidential Information by marking the first page
of the document and each subsequent page thereof containing such Documents or Information as
“HIGHLY CONFIDENTIAL – For Attorneys’ Eyes Only.” Designations shall be made by the
Producing Party, except to the extent that any parties or non-parties produce any Documents or
Information developed by, pertaining to, or belonging to a party to this action, in which case
counsel for such party reserves the right to designate those documents as Confidential Information
or Highly Confidential Information pursuant to this Protective Order by providing written notice
to the Producing Party, copied to all parties in this action, containing the Bates Stamps of the
documents to be designated and the corresponding designations.
5. Counsel for any Designating Party shall have the right to exclude from depositions,
other than the deponent and the deponent’s counsel, any person who is not authorized by this
Protective Order to receive or access Documents or Information based on the designation of such
Documents or Information. Deponents shall not be shown Documents or Information to which
they are not entitled pursuant to the terms of this Protective Order. Disclosures made at a deposition
taken in connection with this Action may be designated as “CONFIDENTIAL” by any party, by:
3
their possession or under their control accordingly. During the 20-day period following receipt of
a final deposition transcript, all parties will treat the entire deposition transcript as if it had been
designated “CONFIDENTIAL.”
6. Confidential Information shall not be furnished, shown, distributed, quoted,
summarized or disclosed in any way to any person or entity, including at a deposition, except to:
a. the parties;
4
in, or consulting with respect to, the preparation of this Action, subject to compliance with
paragraph 12 of this Protective Order;
f. trial or deposition witnesses, who are examined in good faith by counsel
with respect to Confidential Information for legitimate discovery or trial purposes, counsel for
such witnesses, and any person whom counsel believes in good faith may be a witness in this
action and whose examination with respect to Confidential Information may be necessary in
connection with that testimony, subject to compliance with paragraph 11 of this Protective Order;
received the Document or Information, as facially identifiable by the four corners of the Document
or Information;
j. any other person agreed to by the parties in writing, and subject to
compliance with paragraph 11 of this Protective Order.
7. Highly Confidential Information shall not be furnished, shown, distributed, quoted,
summarized or disclosed in any way to any person or entity, including at a deposition, except to:
a. counsel for the parties (including, where applicable, in-house counsel) to
this action and their associated attorneys, paralegals and other professional personnel (including
support staff) who are directly assisting such counsel in the preparation of this action for trial or
other proceeding herein, are under the supervision and control of such counsel, and who have been
advised by such counsel of their obligations hereunder; and
5
b. expert witnesses or consultants retained by the parties or their counsel to
furnish technical or expert services in connection with this action or to give testimony with respect
to the subject matter of this action at the trial of this action or other proceeding herein; provided,
however, that Highly Confidential Information is furnished, shown or disclosed in accordance with
paragraph 12 hereof.
8. Anyone having knowledge of Documents or Information designated pursuant to
this Protective Order shall use it only in connection with the prosecution or appeal of the Action
and shall not use it for any purpose nor disclose it to any party other than those permitted by this
Protective Order; provided, however, that this Protective Order in no way restricts anyone’s use of
information known to him/her unrelated to the disclosures made in this Action and not otherwise
subject to a confidentiality requirement existing in contract or otherwise at law. In making copies
of Confidential Information or Highly Confidential Information, reasonable precautions shall be
taken to ensure that all copies remain within the possession of counsel for the parties or those
designated persons entitled to access pursuant to the terms of this Protective Order.
9. Nothing shall prevent disclosure beyond the terms of this Protective Order if all
parties consent in writing to such disclosure, or if the Court, after reasonable written notice to all
affected parties, orders such disclosure.
10. If any person subject to this Protective Order who has custody of any Confidential
Information or Highly Confidential Information receives a subpoena or other process
(“Subpoena”) from any government or other person or entity demanding production of such
materials, the recipient of the Subpoena shall promptly give notice of the same by electronic mail
transmission, followed by either express mail or overnight delivery to counsel of record for the
Designating Party, and shall furnish such counsel with a copy of the Subpoena; provided, however,
6
that should such Subpoena by its terms limit disclosure of its existence, no such notice of the
Subpoena to the Designating Party is required. Upon receipt of this notice, the Designating Party
may, in its sole discretion and at its own cost, move to quash or limit the Subpoena, otherwise
oppose production of the Confidential Information or Highly Confidential Information, and/or
seek to obtain confidential treatment of such materials from the subpoenaing person or entity to
the fullest extent available under law. The recipient of the Subpoena may not produce any materials
designated as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – For Attorneys’ Eyes Only”
pursuant to the Subpoena prior to the date specified for production on the Subpoena.
11. Counsel shall take all reasonable and necessary steps to assure the security of any
Confidential Information or Highly Confidential Information and will take all reasonable steps to
limit access to Confidential Information and Highly Confidential Information to those persons
listed in paragraphs 6 and 7 of this Protective Order, as applicable. Documents or Information
designated pursuant to this Protective Order will be kept in the possession of persons entitled to
receive copies of the documents pursuant to the terms of this Protective Order.
12. Prior to the disclosure of any Confidential Information or Highly Confidential
Information to any person pursuant to the terms of this Protective Order, such person (who is
otherwise entitled to possess Confidential Information or Highly Confidential Information, as
appropriate) shall be provided with a copy of this Protective Order, which he or she shall read and
upon reading shall sign a Certification, in the form annexed hereto as Exhibit A, acknowledging
that he or she has read this Protective Order and shall abide by its terms. A file of all written
acknowledgments by persons who have read this Protective Order and agreed in writing, in the
form annexed hereto as Exhibit A, to be bound by its terms, shall be maintained by outside counsel
for the party obtaining them and shall be made available, upon request, for inspection by the Court
7
in camera, or by a party who has reasonable grounds to believe that the terms of this Protective
Order may have been violated.
13. Any designating party may redesignate (or withdraw a designation regarding) any
Documents or Information that it has designated during the course of this Action (“Redesignated
Material”), provided that such redesignation shall be effective only as of the date of such
redesignation. Any redesignation, or withdrawal of designations shall be accomplished by
notifying counsel for each party in writing of such redesignation (or withdrawal). Upon receipt of
any such notice, counsel of record shall: (a) not make any further disclosure or communication of
such redesignated material except as provided for in this Protective Order; (b) take reasonable
steps to notify any persons known to have possession of any redesignated material of the effect of
such redesignation under this Protective Order; and (c) promptly endeavor to procure all copies of
such redesignated material from any persons known to have possession of any such redesignated
material who are not entitled to receipt under this Protective Order and have such persons sign on
to the certification attached as Exhibit A hereto. The parties specifically reserve the right to
withdraw any designation on any document or information they designated in this litigation.
14. Any party may object to the propriety of the designation, redesignation, or lack of
designation (“Objecting Party”) of specific Documents or Information as “CONFIDENTIAL” or
“HIGHLY CONFIDENTIAL – For Attorneys’ Eyes Only,” including any objections by other
parties to designations or redesignations pursuant to this Protective Order, by serving a written
objection upon the Designating Party’s counsel. The Designating Party or its counsel shall
thereafter, within ten (10) business days, respond to such objection in writing by either: (a)
agreeing to remove, revise, or add the designation pursuant to the Objecting Party’s request; or (b)
stating the reason why the designation (or decision not to designate) was made. If the Objecting
8
Party and the Designating Party are subsequently unable to agree upon the terms and conditions
of disclosure for the Documents or Information in issue, the Objecting Party shall be free to move
the Court for an Order removing, adding, or modifying the disputed designation. On such a motion
it will be the burden of the Objecting Party to demonstrate that the Documents or Information are
improperly designated. Pending the resolution of the motion, the Documents or Information in
issue shall continue to be treated in the manner as designated by the Designating Party unless and
until the Court orders otherwise.
15. Notwithstanding any other provisions hereof, nothing in the foregoing shall restrict
any party’s counsel from rendering advice to its clients with respect to this Action, and in the
course thereof, relying upon Confidential Information or Highly Confidential Information,
provided that in rendering such advice, outside counsel shall not disclose any Confidential
Information or Highly Confidential Information other than as permitted by this Protective Order.
16. Inadvertent production of any Documents or Information, including that which is
disclosed during a deposition, without a designation will not be deemed to waive a party’s right to
subsequently designate said Documents or Information pursuant to this Protective Order at a later
date. Disclosure of said Documents or Information by any party prior to such later designation
shall not be deemed a violation of the provisions of this Protective Order provided, however, that
the party that disclosed the redesignated Documents or Information shall make a reasonable effort
to procure all copies of such redesignated Documents or Information from any persons known to
have possession who are not entitled to receipt thereof under this Protective Order and have such
persons sign on to the certification attached as Exhibit A hereto.
17. Except as agreed in writing by counsel of record, to the extent that any Confidential
Information or Highly Confidential Information (including any portions of a deposition transcript)
9
is, in whole or in part, contained in, incorporated in, reflected in, described in or attached to any
pleading, motion, memorandum, appendix or other judicial filing, counsel shall file that
submission pursuant to this Court’s Electronic Case Filing Rules and the rules of the Court
pertaining to redactions and filing under seal (and shall keep that submission under seal until
further order of the Court). Prior to filing any such submission, the parties agree to meet and confer
to determine the best method to attempt to ensure that the document or information remains
sufficiently protected. If necessary, the Parties will make a joint application to file the document
under seal.
18. Nothing herein shall be construed to affect in any manner the admissibility at trial
of any Documents or Information. Nor shall this Protective Order be deemed to waive any privilege
recognized by law. This Order shall be interpreted to provide the maximum protection allowed by
Federal Rule of Evidence 502(d). The foregoing is entirely without prejudice to the right of any
party or non-party to apply to the Court for a protective order relating to Confidential Information;
to review Documents or Information (including metadata) for relevance, responsiveness and/or
segregation of privileged and/or protected information before production; to object to the
production of Documents or Information; to redact content contained within Documents or
Information, regardless of their designations; or to apply to the Court for an order compelling the
production of Documents or Information. This Protective Order may be enforced by any party.
19. Upon the conclusion of the Action, including any appeals related thereto, at the
written request and option of either party, all Confidential Information and Highly Confidential
Information, and any and all copies thereof, shall be be returned or destroyed within sixty (60)
calendar days to the designating party at the designating party’s expense, provided, however, that
counsel may retain their attorney work product and all court-filed documents, all of which shall
10
remain subject to the terms of this Protective Order. In the alternative, either the designating party
or the person receiving the Confidential Information or Highly Confidential Information may elect
to have the same destroyed.
20. If Confidential Information or Highly Confidential Information is disclosed to any
person other than in the manner authorized by this Protective Order, the party responsible for the
disclosure shall, as soon as possible upon learning of such disclosure, inform the Designating Party
of all pertinent facts relating to such disclosure and shall make every effort to prevent disclosure
by each unauthorized person who received such information, and shall promptly endeavor to
procure all copies of such Documents or Information have each person sign on to the certification
attached as Exhibit A hereto.
21. Should the need arise for any of the parties to disclose Confidential Information or
Highly Confidential Information during any hearing or trial before the Court, including through
argument or the presentation of evidence, such party may do so only after taking such steps as the
Court, upon motion of the party seeking to disclose the Documents or Information, shall deem
necessary to preserve the confidentiality of such Confidential Information or Highly Confidential
Information.
22. Nothing contained in this Protective Order shall preclude any party from using its
own Documents or Information in any manner it sees fit, without prior consent of any other party
or the Court, unless any party has retained or produced any Documents or Information belonging
to another party, in which case the retaining/producing party shall not use those Documents or
Information except for purposes of litigating this Action as governed by this Protective Order, shall
not disclose those Documents or Information except to those individuals entitled to disclosure
11
pursuant to this Protective Order, and shall subsequently destroy or return those Documents or
Information pursuant to paragraph 19 of this Protective Order.
23. Nothing herein shall operate as an admission by any of the parties hereto that any
particular material contains or reflects trade secrets, or other confidential or proprietary
information.
24. By written agreement of the parties, or upon motion and order of the Court, the
terms of this Protective Order may be amended or modified. This Protective Order shall continue
in force until amended or superseded by express order of the Court, and shall survive any final
judgment or settlement in this Action.
25. This Protective Order may be changed by further order of this Court, and is without
prejudice to the rights of a party to move for relief from any of its provisions, or to seek or agree
to different or additional protection for any particular document or information.
12

(212) 880-3800 (212) 421-2100
Edgardo Ramos
13
EXHIBIT A


FINTIKLIS,
Plaintiffs,
v.

MANAGEMENT, LLC,
Defendants.
Order in this action governing the non-disclosure of Confidential Information and Highly
Confidential Information. I agree that I will not disclose to anyone, or use in any way, such
Confidential Information and/or Highly Confidential Information other than for purposes of this
litigation as defined in the Protective Order, and that at the conclusion of the litigation I will
return all discovery information to the party or attorney from whom I received it. By
acknowledging these obligations under the Protective Order, I understand that I am submitting
myself to the jurisdiction of the United States District Court for the Southern District of New
York for the purpose of any issue or dispute arising hereunder and that my willful violation of
any term of the Protective Order could subject me to punishment for contempt of Court.
Dated:
By:
EXHIBIT E
From: Prystowsky, Kathleen (Assoc-NY)

Sent: Monday, June 24, 2019 12:29 PM
To: 'Mohler, Bryan T.'; Harris, Marion R.; Soloway, Todd E.
Cc: Bernstein, Joshua (Ptnr-NY); Graham, Darryl (Ptnr-NY)
Subject: RE: Ithaca Capital Investments I, S.A., et al., v. Trump Panama Hotel Management, LLC, et
ano. - 18 Civ. 390 (S.D.N.Y.) - Draft ESI Protocol & Confidentiality Order
Attachments: USDJ SDNY Rakoff - Model Protective Order.pdf
Bryan,
We are confused. This new proposal seems to go backwards from the last proposal that you made on June 13th and
does not address many of the issues we had discussed during our first meet and confer the day before, which we
thought you had dropped based on the later proposal. Perhaps there’s still some miscommunication on your side, as we
have not yet received the authorities that Marion promised in his June 13 th email would be provided on June 14th.
Regardless, our position remains the same. We propose that the parties enter into one of the model protective orders
that is standard in the SDNY, such as Judge Rakoff’s order (attached). We are not aware of anything unique about this
case that requires modifications to the model order, but if you feel differently, we are willing to hear you out and
discuss. We are, however, somewhat skeptical as to the need for additional modification, which is what prompted our
request for authorities from Marion, so it may make sense that those are circulated first. Either way, please let us know
when you are available for a call.
Kind Regards,
Kathleen
Kathleen M. Prystowsky
Associate
Akerman LLP | 666 Fifth Avenue, 20th Floor | New York, NY 10103
D: 212 259 6479
kathleen.prystowsky@akerman.com
From: Mohler, Bryan T. <BMohler@PRYORCASHMAN.com>

Sent: Friday, June 21, 2019 4:18 PM
To: Prystowsky, Kathleen (Assoc-NY) <kathleen.prystowsky@akerman.com>; Harris, Marion R.
<MHarris@PRYORCASHMAN.com>; Soloway, Todd E. <TSoloway@PRYORCASHMAN.com>
Cc: Bernstein, Joshua (Ptnr-NY) <joshua.bernstein@akerman.com>; Graham, Darryl (Ptnr-NY)
<darryl.graham@akerman.com>
Subject: RE: Ithaca Capital Investments I, S.A., et al., v. Trump Panama Hotel Management, LLC, et ano. - 18 Civ. 390
(S.D.N.Y.) - Draft ESI Protocol & Confidentiality Order
Hi Kathleen,
I spoke to Marion and he caught me up on the conversations from last week and the various draft orders that have been
exchanged. Understanding that all of the authorities we exchange will at most only be reference points—every case is
different and potentially has its own unique confidentiality concerns—we revised the original draft order we circulated
in a manner that we believe addresses your concerns and represents a fair compromise. After you review, let’s set up a
time to discuss early next week.
1
Bryan
Bryan T. Mohler | PRYOR CASHMAN LLP

7 Times Square | New York, New York 10036-6569
Office: (212) 326-0466 | Mobile: (419) 290-8351
bmohler@pryorcashman.com
From: kathleen.prystowsky@akerman.com [mailto:kathleen.prystowsky@akerman.com]

Sent: Thursday, June 20, 2019 10:32 AM
To: Harris, Marion R. <MHarris@PRYORCASHMAN.com>; Mohler, Bryan T. <BMohler@PRYORCASHMAN.com>; Soloway,
Todd E. <TSoloway@PRYORCASHMAN.com>
Cc: joshua.bernstein@akerman.com; darryl.graham@akerman.com
Marion,
Following up on our meet and confer last week. We have not received the authorities you were going to send. Please
let us know when we can anticipate receiving that.
Thanks,
Kathleen
Associate
D: 212 259 6479

Sent: Thursday, June 13, 2019 10:19 PM
To: Prystowsky, Kathleen (Assoc-NY) <kathleen.prystowsky@akerman.com>; Mohler, Bryan T.
<BMohler@PRYORCASHMAN.com>; Soloway, Todd E. <TSoloway@PRYORCASHMAN.com>
Cc: Bernstein, Joshua (Ptnr-NY) <joshua.bernstein@akerman.com>; Graham, Darryl (Ptnr-NY)
<darryl.graham@akerman.com>
Subject: Re: Ithaca Capital Investments I, S.A., et al., v. Trump Panama Hotel Management, LLC, et ano. - 18 Civ. 390
Darryl and Kathleen,
Thanks for speaking this afternoon. As discussed, I'm attaching a minor markup to the edits to the ESI
protocol you sent over. Provided this addition is acceptable, then we are signed off on the ESI protocol.
I'm also pulling together the authorities we discussed as it relates to our discussion of the draft protective
order, and I anticipate sending them over tomorrow. To facilitate our continued discussion regarding the
proposed confidentiality order, as you suggested, I've drafted a letter (also attached) requesting that the court
extend our time to submit a proposed confidentiality order by two weeks, to June 28, 2019. Please let us
know if the letter is acceptable to submit to the court.
Thanks,
2
Marion
_______________________________________
Marion R. Harris
Associate
Pryor Cashman LLP
Direct Tel: 212-326-0128

Main Fax: 212-326-0806
Mobile: 646-573-8465
From: Harris, Marion R.

To: 'kathleen.prystowsky@akerman.com'; Mohler, Bryan T.; Soloway, Todd E.
Thanks, Kathleen. We will review these documents in advance of our call. We have also been looking into protective
orders following our discussion, including specifically those entered by Judge Ramos. Attached please find one such
example, which is consistent in many respects with our proposal, as well as the guidance from the Manual on Complex
Litigation. We can discuss when we’re able to connect later today.
Regards,
Marion
_______________________________________
MARION R. HARRIS
Associate
PRYOR CASHMAN LLP
Direct Tel: 212-326-0128

Main Fax: 212-326-0806
Mobile: 646-573-8465
LinkedIn | Bio
To: Harris, Marion R. <MHarris@PRYORCASHMAN.com>; Mohler, Bryan T. <BMohler@PRYORCASHMAN.com>; Soloway,
Todd E. <TSoloway@PRYORCASHMAN.com>
3
Bryan/Marion,
Further to our meet and confer yesterday, I am attaching our revisions to the ESI Protocol in clean and blackline.
As to the Protective Order, we reviewed model protective orders available on the district court judge’s websites in the
S.D.N.Y. and E.D.N.Y. The Protective Order you proposed is quite different. Thus, we propose to enter into a standard
model protective order, such as Judge Rakoff’s model order, which I am attaching for your review.
As per my prior email, we are available today at 4pm to discuss.
Kind Regards,
Kathleen
Associate
D: 212 259 6479
vCard | Profile
CONFIDENTIALITY NOTE: The information contained in this transmission may be privileged and confidential, and is intended only for the use of the individual or
entity named above. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copying of this
communication is strictly prohibited. If you have received this transmission in error, please immediately reply to the sender that you have received this
communication in error and then delete it. Thank you.

Sent: Monday, June 10, 2019 10:49 AM
To: Bernstein, Joshua (Ptnr-NY) <joshua.bernstein@akerman.com>; Graham, Darryl (Ptnr-NY)
<darryl.graham@akerman.com>; Prystowsky, Kathleen (Assoc-NY) <kathleen.prystowsky@akerman.com>
Cc: Soloway, Todd E. <TSoloway@PRYORCASHMAN.com>; Mohler, Bryan T. <BMohler@PRYORCASHMAN.com>
Subject: Ithaca Capital Investments I, S.A., et al., v. Trump Panama Hotel Management, LLC, et ano. - 18 Civ. 390
Counsel:
In light of the June 14, 2019 deadline to submit an ESI Protocol and Proposed Confidentiality Order to the Court in this
action, I am attaching drafts for your review and comment. Please let us know if you’d like to discuss these documents.
Regards,
Marion
_______________________________________
MARION R. HARRIS
Associate
PRYOR CASHMAN LLP
4
Direct Tel: 212-326-0128
Main Fax: 212-326-0806
Mobile: 646-573-8465
LinkedIn | Bio
5
EXHIBIT F
From: Prystowsky, Kathleen (Assoc-NY)

Sent: Friday, June 28, 2019 3:49 PM
To: 'Mohler, Bryan T.'
Cc: Harris, Marion R.; Graham, Darryl (Ptnr-NY)
Subject: RE: Trump - Confidentiality
Bryan,
Further to our conversation this afternoon, and in response to your e-mail yesterday, we are going to have to agree to
disagree on these two issues, as we do not understand the basis for your clients’ insistence on the attorneys’ eyes only
designation or the use restriction. While I conveyed to you during our meet and confer call on Tuesday that I
understood generally your position regarding the attorneys’ eyes only designation, I did not and do not agree with your
position that it should apply here, as you know. Nor have you provided us with the backup for the proposed use
restriction, which Marion had promised weeks ago.
While we do not want to go to the Court on these issues, we are at an impasse. Of course, we are willing to continue to
meet and confer in advance of the Court ruling if that will be useful to resolve these disputes. Again, we offer a
compromise position of entering into one of the many model protective orders that are readily available on the SDNY
website.
As we discussed on our call, we will be filing a letter with the Court and attaching a proposed order in the form
significantly similar to the one we last circulate to you. And you stated, you will be doing the same, and then we will
defer to the Court on resolution.
Kind Regards,
Kathleen
Associate
D: 212 259 6479

To: Prystowsky, Kathleen (Assoc-NY) <kathleen.prystowsky@akerman.com>
Cc: Harris, Marion R. <MHarris@PRYORCASHMAN.com>; Graham, Darryl (Ptnr-NY) <darryl.graham@akerman.com>
Kathleen,
With respect paragraphs 12(c) and 15 (in our mark up sent yesterday at 6:27pm), we agree they are redundant. We
have removed 12(c).
We deleted the final clause of paragraph 15 because we believe it undermines the intent of the paragraph. Paragraph
15 concerns what becomes of confidential material that is inadvertently not marked confidential and later is
redesignated as confidential, and is intended to ensure that a reasonable effort is made to collect those materials from
1
anyone who has received them who is not otherwise entitled to have them under paragraph 6 (and even for persons
entitled under paragraph 6, those persons will then need to sign the Ex A if they have the redesignated materials). The
additional language you proposed would put a hole in this scheme, because it would mean this retrieval process would
only be required for those classes of persons identified in paragraph 6 (and not anyone else). That is not the intent of
the paragraph, so we deleted that clause.
As to the highly confidential designation, we explained on our last call why that designation may well be appropriate for
some materials to be exchanged in this case. You told us you understand why we thought this designation was
necessary. It really makes no sense to keep going back and forth, other than to say we have repeatedly asked for
information concerning Mr. Fintiklis’s other hospitality businesses, and apparently that is not something you are
prepared to share. We are not going to agree to your alternative suggestion.
As for the use restriction, our research has found that it is a common practice before Judge Ramos. In any event, it is
certainly appropriate here for a range of reasons, not least of which is the pending ICC arbitration. We also have yet to
hear from you why this would be an imposition on the parties in any respect at all, as the proposed language in no way
limits the parties ability to prosecute their claims and defenses. We are not willing to agree to excise the use restriction
for these reasons.
We are attaching a redline reflecting the changes discussed above against the version we circulated at 6:27PM
yesterday. We are prepared to sign this version. If we remain in disagreement, let us know if you think a call would be
productive and we can join one. Otherwise, while very much not our preference, we may have to submit competing
orders to the Court tomorrow.
Separately, please circulate the draft letter concerning the amended schedule for the two pending motions. We should
get that filed by tomorrow in any event.
Bryan

Office: (212) 326-0466 | Mobile: (419) 290-8351

To: Mohler, Bryan T. <BMohler@PRYORCASHMAN.com>
Cc: Harris, Marion R. <MHarris@PRYORCASHMAN.com>; darryl.graham@akerman.com
Bryan,
I think we are close on wrapping this up. It looks like the primary disagreements are as to the “highly confidential”
designation and the “use restriction.”
As to the use restriction, Marion had represented in a prior meet and confer that this was common practice, which has
not been our experience, and that he would circulate his authority for us to review. We have not seen that authority
yet. Please send it so we can understand your position.
As to the highly confidential designation, we will not agree to a general category at this time, as you have not been able
to even reasonably identify the types of documents that would fall into this designation. We understand that you are
generally worried about Mr. Fintiklis disclosing some sort of secret marketing information to third-party managers of
other hotels. This general and speculative concern does not make much sense to us for numerous reasons, including but
not limited to: (1) the “Confidential” designation appears to cover such materials; (2) Mr. Fintiklis likely had previous
2
access to these materials as the majority investor in Hotel TOC regardless of any document production in this lawsuit; (3)
these theoretical highly sensitive materials would only relate to the Panama hotel and the Latin American market
generally, and Trump no longer operates any Latin American hotels; (4) we understand from news reports that the
Trump Organization will not be expanding internationally while President Trump remained in office, so there should not
exist any new potentially highly secretive documents about Latin American strategy; and (5) any information relevant to
these proceedings would be outdated and of no use in the current market. For these reasons, among others, we will not
agree to a highly confidential designation at this time.
That said, we are willing to insert language into the Protective Order requiring the parties to meet and confer in the
event that highly confidential documents are discovered, and to set a process by which you can go to the Court to
modify the protective order to obtain such a designation in the event that we are not able to come to an
agreement. This should satisfy any concern you may have of coming across any highly confidential documents in the
course of discovery.
Finally, some minor comments on the Protective Order.
We will agree to add the original Paragraph 9 back into the Protective Order; this was inadvertently omitted, along with
the provision relating to subpoenas.
As to paragraphs 12 and 15 in the version you circulated yesterday, can you please explain the difference between these
two sections and why any party would be burdened with retrieving information that had been properly distributed in
the first instance?
As to paragraph 15, we do not understand why you deleted the final clause requiring execution of Exhibit A only to the
extent required under the Protective Order. Please explain.
Kind Regards,
Kathleen
Associate
D: 212 259 6479

Sent: Wednesday, June 26, 2019 6:27 PM
To: Graham, Darryl (Ptnr-NY) <darryl.graham@akerman.com>
Cc: Harris, Marion R. <MHarris@PRYORCASHMAN.com>; Prystowsky, Kathleen (Assoc-NY)
<kathleen.prystowsky@akerman.com>
Daryl,
As reflected in the attached clean and redline against your draft from earlier today, we will agree to many of your edits
that reflect our discussion yesterday. However, we cannot agree to those that are not in accord with our discussion
(e.g., your removal of the highly confidential designation, which is appropriate for the reasons we discussed). We have
reinserted that concept (which appears principally in paragraphs 3 and 7) as well as some other standard language (e.g.,
notification obligations if a receiving party receives a subpoena) that is appropriately included.
3
Let us know if we need to have another call.
Bryan

Office: (212) 326-0466 | Mobile: (419) 290-8351
From: darryl.graham@akerman.com [mailto:darryl.graham@akerman.com]

Sent: Wednesday, June 26, 2019 11:04 AM
Cc: Harris, Marion R. <MHarris@PRYORCASHMAN.com>; kathleen.prystowsky@akerman.com
Bryan,
Attached is a revised protective order, which contains our edits/redlines.
Please let me know if you’d like to discuss.
Thanks,
Darryl
Darryl Graham
Partner
D: 212 259 6444
darryl.graham@akerman.com

To: Graham, Darryl (Ptnr-NY) <darryl.graham@akerman.com>
Cc: Harris, Marion R. <MHarris@PRYORCASHMAN.com>; Prystowsky, Kathleen (Assoc-NY)
<kathleen.prystowsky@akerman.com>
10am tomorrow works for us. We’ll call your office then?

Office: (212) 326-0466 | Mobile: (419) 290-8351
From: darryl.graham@akerman.com [mailto:darryl.graham@akerman.com]

Cc: Harris, Marion R. <MHarris@PRYORCASHMAN.com>; kathleen.prystowsky@akerman.com
Subject: Trump - Confidentiality
Bryan,
We have limited time tomorrow to discuss. How’s 10 am?
4
If this isn’t good, then please propose some times on Wednesday.
Thanks,
Darryl
Darryl Graham
Partner
D: 212 259 6444
darryl.graham@akerman.com
vCard | Profile
CONFIDENTIALITY NOTE: The information contained in this transmission may be privileged and confidential, and is intended only for the use of the individual or
entity named above. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copying of this
communication is strictly prohibited. If you have received this transmission in error, please immediately reply to the sender that you have received this
communication in error and then delete it. Thank you.

28 June 2019 Letter From Ithaca Plaintiffs v. Trump Panama

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28 June 2019 Letter From Ithaca Plaintiffs v. Trump Panama

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Case 1:18-cv-00390-ER Document 82 Filed 06/28/19 Page 1 of 70

T: 212 880 3800

June 28, 2019

Honorable Edgardo Ramos

Dear Judge Ramos:

However, in an attempt to first understand Defendants’ position and give it due

As a compromise, Plaintiffs proposed including a provision in the protective order

/s/ Darryl R. Graham

UNITED STATES DISTRICT COURT

JED S. RAKOFF, U.S.D.J.

The parties having agreed to the following terms of

confidentiality, and the Court having found that good cause

exists for issuance of an appropriately-tailored confidentiality

order governing the pre-trial phase of this action, it is

ORDERED that any person subject to this Order -- including

without limitation the parties to this action, their

representatives, agents, experts and consultants, all third

parties providing discovery in this action, and all other

interested persons with actual or constructive notice of this

Order -- shall adhere to the following terms, upon pain of

1. Any person subject to this Order who receives from any

other person any "Discovery Material" (i.e., information of any

kind provided in the course of discovery in this action) that is

designated as "Confidential" pursuant to the terms of this Order

shall not disclose such Confidential Discovery Material to anyone

else except as expressly permitted hereunder.

2. The person producing any given Discovery Material may

designate as Confidential only such portion of such material as

(a) previously nondisclosed financial information (including

without limitation profitability reports or estimates, percentage

fees, design fees, royalty rates, minimum guarantee payments,

sales reports and sale margins);

(b) previously nondisclosed material relating to ownership

or control of any non-public company;

(c) previously nondisclosed business plans, product

development information, or marketing plans;

(d) any information of a personal or intimate nature

regarding any individual; or

(e) any other category of information hereinafter given

confidential status by the Court.

3. With respect to the Confidential portion of any

Discovery Material other than deposition transcripts and

exhibits, the producing person or that person's counsel may

designate such portion as "Confidential" by stamping or otherwise

clearly marking as "Confidential" the protected portion in a

manner that will not interfere with legibility or audibility, and

by also producing for future public use another copy of said

Discovery Material with the confidential information redacted.

With respect to deposition transcripts and exhibits, a producing

person or that person's counsel may indicate on the record that a

question calls for Confidential information, in which case the

transcript of the designated testimony shall be bound in a

separate volume and marked "Confidential Information Governed by

Protective Order" by the reporter.

4. If at any time prior to the trial of this action, a

producing person realizes that some portion[s] of Discovery

Material that that person previously produced without limitation

should be designated as Confidential, he may so designate by so

apprising all parties in writing, and such designated portion[s]

of the Discovery Material will thereafter be treated as

Confidential under the terms of this Order.

5. No person subject to this Order other than the producing

person shall disclose any of the Discovery Material designated by

the producing person as Confidential to any other person