Case 3:07-cv-30089-MAP Document 26 Filed 08/17/2007 Page 1 of 7 UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS MASSACHUSETTS MUSEUM OF CONTEMPORARY ART FOUNDATION, INC, Plaintiff, Civil Action No. 3:07-¢0-30089-MAP CHRISTOPH BUCHEL, ABROBESED] ORDER ‘Upon consideration of plaintif Massachusetts Museurn of Contemporary Art Foundation, Inc.'s motion for protective onder, itis hereby ORDERED that |. Alletocuments-inehiding Confidential Documents, as defined herein, produced by any party or nonparty in the above-captioned action (hereinafter referred to as the Litigation") shall be used by the party receiving them only for the purposes of preparing for and conducting the litigation, 2, All wanseniptoand-audin and video recordings of any depositions taken in connection with this ction, inctoding any temeriptewaderecordings of testimony dcsignaied Confidential, as defined herein, shall be wed ‘by the parties only for the purposes of preparing for ‘and conducting the Iitigation. AU audio and video recordings of any depositions taken in connection with this action, including any recordings of testimony designated Confidential, as defined herein, shallonly be disseminated w Qualified Persons, aS defined herein, and shall notCase 3:07-ev-30089-MAP Document 26 Filed 08/17/2007 Page 2 of 7 otherwise be disseminated, 3. "Confidential Doewments” and "Confidential Information" as used herein means documents and portions of deporition transcripts that are ¢ntitled lo: confidential trealmest Pursuant to Rule 26(c) of the Federal Rules of Civil Procedure and which the producing party Lesignates as confidential, Such designation shall be made by stamping such documents as "Conlidential” ot by providing, within ten days of the date that Bates-numbered copies are frst provided to opposing counsel, a list ofthe Bates numbers of those documents designated as “confidential” (the “Confidential Documents"). AM information and materials produced by the praducing party shall be treated as Confidential and subject to this Oder antl expiration of the ten-day périod. With respect to testimony given at any deposition in this action which is taken or cowttrawsel subsequent (0 the entry of this Order and any exhibits, documents or other materials referred to during the giving of such testimony, designation as "Confidentia shall be made by the means of 2 statement on the record by counsel for the witness oF to her authorized counsel at the time of the giving of testimony, o by written notice by said counsel desipnating the portions of any’ Arcinseript10-be wreated as confidential ("Confidential Information”, whichistobeghento stl gph Ty ‘counsel within ten days of the receipt-of such transcript. ALI transcripts of such sata w by ansidered Confident and subjes (otis Order wnt the expiration athe ten-day period. tv: a 4. The Confidential Documents of Confidential Information of information a eotiined hare .Setirertberetemriay only he diceInced or made available by the counsel forthe party receiv NG 2% oes oPrecei cing such information 10 "Qualified Persons.” who are defined to consist oF No at {a) The Court (in the manner provided by paragraph § hereof); hin dc goss tio (b) Counsel to the parties to the Litigation, inctuding in-house counse\, clerical, secretarial and paralegal staff employed by such counsel;Case 3:07-cv-30089-MAP Document26 Filed 08/17/2007 Page 3 of 7 (©) Coun reporters; (d) Experts or consuitants and their staff assisting in the prosecution or defense af the bon: 46) Named pastics or legally authorized Representatives of named piutics assisting in the proseetiion or defense ofthe Litigation; and (Any other persan the producing party agrees to in writing, 5. Prior to seeing or receiving Confidential Documents or Confidentiat Information, all persons specified in paragraph 4(d) will execute an Undertaking in the form attached hereto, Counsel of record shall retain in theie possession exceuted Undertakings until final disposition of the Litigation and shall praduce for inspection, upon request and within thirty (30) days of the conclusian of the Litigation, copies of all such Undertakings 6 The Confidential Documents or Confidential Information shall not be disclosed to persons other than Qualified Persons or the party which praduced the Confidential Information, However, nothing contained herein shall prevent any party from disclosing its own Confidential Documents or Confidential Information as it deems appropriate, except as provided by paragraph 2 hereal, ambreydiseesire tins party Fitewn- Confidential Dacaenentt eee “Confidentintiniormation shall nal bau vesiuce ofthe proisions-coneimedtrereine 7, Nothing herein shall impase any restrictions on the use or disclosure by & party oF witness of documents or information obtained by such party of witness independently of the discovery’ proceedings in the Litigation, &,— terpleadings or other documents which contain Confidentia! Information arc to be filed with the clerk withoulfwrarobtairing-t-eouet onder (pursunatto-Laeel Rule 7} — pee, she CoBhtentas IaRerrecion ponding a shi ng by wee Cours gndig Loca Rule 7.2,Case 3:07-cv-30089-MAP Document25 Filed 08/17/2007 Page 4 of 7 permits filing under seal, they shall be filed under seal and shall remaip-x€Sfed white in the office ORhe clerk so fong as they perinitting the Ring of such Confidential Documents, ifa poly wishes to include Confidential Bocuments in any subPigsion to the Coury, the HT file redacted version of such materials with the clerk delet % At the eonelusion ofthe Litigation, all Confidential Documents and all copies of same shall be prompily returned to the producing party atthe request and expense of the producing party, except that counsel of record may retain for their files copies of any of their ‘own work product, correspondence, pleadings, briefsand exhibits, any other court filings, ‘deposition tronseripts ant exhibits, oF heoring or other official transcripts and exhibits, which contain Confidential Information. Such retained copies will remain subject to the restrictions herein 10. Each Qualified Person who % nota lawyer representing the parties Lo this Order or employed by a lawyer representing: the parties to this Order to whom Confidential Documents or Confidential Information is disclosed pursuant o-this Order shall be advised that the Confidential Documents or Confidential Information is being diselosed pursuant to, and subject to the terms of, an Order of the Court and that the sanctions far any violation of the Order include the penalties that may be imposed by the Court for contempt.is Seed 30089-MAP Document 26 Filed 08/17/2007 Page 5 of 7 11. IfConfidential Documents oF Confidential Information in the possession of areceiving party is subpoenaed by any coun, administzative or legistative body, oF any other, person purporting Lo have authority to subpoena such information, the party 1a whom the subpocna is directed shall give written notice of the subpoena (including the delivery ofa copy thereof) to the attorneys for the producing party five Business days prior to the time when production of the information is requested by subpoena, In the event tht the subpoena purports to require production of such Confidential Documents or Confidential Information on bess than Five days" notice, the party io whom the subpocna is directed shall give immediate telephonic notice of the receipt of sueh subpoena, and forthwith deliver by Rand oF fiesimi a copy thereat, io the attorneys for the producing party. Absent a Court Order to the contrary, the party to whom the subpoena is directed my comply therewith, however, if application for a protective order is made promplly before the return date, the party to whom the subpoena is directed shall not produce such Confidential Documents or Confidential Information priorto receiving a court order oF the consent of the producing party. aga snk opel onthe tee = as s avcality 12.8 flesignation of any material as "Confidential" A earpendc pan) fron contend ng BeTOTe Thr Geurtthatardermnated document ar transiting dors not qualify fos Confiduntinctreatmentinnotrarmtc, shall not create any presumption that documents and transcripts so designated sre Confidential; and shall not shi the burden of establi entitiemem 10 Confidential treatment from the producing party. 13, ‘The binding effect af this Order shall survive termination of this Action and the Court shall retain jurisdiction to enforce the Order, 14, This Order shall be applicable to any third-party witnesses who agree in-30089-MAP Document 26 Filed 08/17/2007 Page 6 of 7 writing to be sulpject to the terms of this Order. 15. Nothing i the foregoing shall condrol or govern the use of evidence at SO ORDERED; bose, Arpt 12, 20 hh ERP] 0 at ne WET PEI Mar » le Lon respact Te cetumertts prectuced and testi nny Jicen iy eis Lit wat des rested Ofdecticd, ae erlang nd oe parties rtseru@ all ef whee 4 PAG and waved, GA s shail be deemed to proride & he Qe or Feamy Gry on rons party matting out-of coor use a auch document of Meta,Case 3:07-cv-30089-MAP Document26 Filed 08/17/2007 Page 7 of 7 UNDERTAKING The undersigned, whose assistance is requited in the preparation or tial oF this action, has read the annexed Order, dated___, 2007, understands as comtems and hereby agrees to comply therewith. In addition, the undersigned agrees not to use such Confidential Documents or Confidential Information for any purpose other than preparing for or conducting this Litigation Al the conclusion of the Litigation, all Confidential Documents or Confidential Information and all copies of same shall be promptly returned to the producing party. | consent 10 the jurisdiction of the United States District Court for the Disiriet of Massachusetts for the purposes of enforcement of the Order, Dated: 2007 Name: Signature: