Lesley A. Glover v. Roger D. Glover (2010)

ORDER

At a Status Conference on the record on June 29, 2010, counsel for the plaintiff and counsel for the individual and corporate non-party litigants asked the court to review their respective proposed drafts of a certain “Agreement of Confidentiality Regarding Litigation in Foreign Jurisdiction,” as well as related documents and correspondence.   Counsel provided copies to the court at that time.   The court having initially reviewed the documents, found that it did not have all necessary documents, and asked counsel for the non-party litigants to provide it with a copy of the plaintiff's latest draft version for purposes of comparison.   Counsel did provide same by facsimile.   The court hereby makes reference in its order to the e-mail from Attorney Cuda to Attorney Midler dated June 2, 2010.

Now therefore, the court having reviewed the documents, IT IS HEREBY ORDERED:

1. Except where otherwise indicated herein, the draft known as the “Law Offices of Wayne D. Effron Version, June _, 2010” along with the three-page attachment designated as “Schedule A” shall serve as the final Confidentiality Agreement;

2. The additional language on page 4 thereof is acceptable;

3. The underlined language in the second full paragraph is acceptable as to the documents listed as “confidential” on Schedule A, but not as to those where an attorney-client privilege is claimed, which shall be subject to court review and further order;

4. The underlined language in the third full paragraph on page 7 is unacceptable;

5. The underlined language on page 8 is acceptable as to the documents listed as “confidential” on Schedule A, but not as to those where an attorney-client privilege is claimed, which shall be subject to court review and further order;

6. The underlined language on page 9 is acceptable;

7. The underlined language on p. 10 is unacceptable;  and

8. The language in the second full paragraph of the draft known as “Agreement of Confidentiality Regarding Litigation in Foreign Jurisdiction, June _, 2010” should be reinserted in the final version.

THE COURT

SHAY, J.

Shay, Michael E., J.