Opinion
19 Civ. 9193 (PGG)
03-02-2022
MONTERAY BAY MILITARY HOUSING LLC, et al., Plaintiffs, v. AMBAC ASSURANCE CORP, et al., Defendants.
DAMIAN WILLIAMS United States Attorney for the Southern District of New York ZACHARY BANNON Counsel for the Army and Air Force Scott S. Balber John J. O'Donnell HERBERT SMITH FREEHILLS NEW YORK LLP Attorneys for Defendants Jefferies Mortgage Finance, Inc., Jefferies & Company, Inc., Jefferies LLC, and Jefferies Group LLC Reed Brodsky Anne Champion Amer S. Ahmed GIBSON, DUNN & CRUTCHER LLP Attorneys for Defendant Dan Ray Michael B. Carlinsky Rachel E. Epstein Steven G. Madison (pro hac vice) QUINN EMANUEL URQUHART & SULLIVAN, LLP Attorneys for Defendant Ambac Assurance Corporation David L. Goldberg Brian L. Muldrew KATTEN MUCHIN ROSENMAN LLP Attorneys for Defendant Chetan Marfatia Michael J. Bowe Lauren Tabaksblat Seth D. Fiur BROWN RUDNICK LLP Counsel for Plaintiffs
DAMIAN WILLIAMS
United States Attorney for the Southern District of New York
ZACHARY BANNON
Counsel for the Army and Air Force
Scott S. Balber
John J. O'Donnell
HERBERT SMITH FREEHILLS NEW YORK LLP
Attorneys for Defendants Jefferies Mortgage Finance, Inc., Jefferies & Company, Inc., Jefferies LLC, and Jefferies Group LLC
Reed Brodsky
Anne Champion
Amer S. Ahmed
GIBSON, DUNN & CRUTCHER LLP
Attorneys for Defendant Dan Ray
Michael B. Carlinsky
Rachel E. Epstein
Steven G. Madison (pro hac vice)
QUINN EMANUEL URQUHART & SULLIVAN, LLP
Attorneys for Defendant Ambac Assurance Corporation
David L. Goldberg
Brian L. Muldrew
KATTEN MUCHIN ROSENMAN LLP
Attorneys for Defendant Chetan Marfatia
Michael J. Bowe
Lauren Tabaksblat
Seth D. Fiur
BROWN RUDNICK LLP
Counsel for Plaintiffs
SECOND AMENDMENT TO STIPULATED PROTECTIVE ORDER FOR STANDARD LITIGATION
SARAH L. CAVE, UNITED STALES MAGISTRATE JUDGE
WHEREAS, the parties to this litigation entered, and the Court approved, a Stipulated Protective Order for Standard Litigation on April 12, 2018, see Dkt. No. 135;
WHEREAS, the parties amended that protective order, and the Court approved that amendment, by entering a First Amendment to the Stipulated Protective Order for Standard Litigation on December 2, 2021, see Dkt. No. 375 (together with the original Stipulated Protective Order for Standard Litigation, the “Protective Order”);
WHEREAS, the United States Department of the Army (the “Army”), the United States Department of the Air Force (the “Air Force”), and Jones Lang LaSalle Americas Inc. (“JLL”)- a contractor for the Army and the Air Force-are in receipt of several subpoenas and document requests issued by parties to this litigation seeking documents owned or controlled by the Army or the Air Force and reasonably anticipate that they may receive additional requests in the future (the “Armed Forces Requests”);
WHEREAS, the Protective Order affords additional protections to “Parties” (as defined in the Protective Order) seeking to enforce the Protective Order compared to the protections afforded to “Non-Parties” (as defined in the Protective Order), see, e.g., Dkt. No. 135 ¶ 12.2 (providing “[a]ny Party” the right to “seek leave to reopen the case to enforce the provisions of” the Protective Order, but not Non-Parties);
WHEREAS, the Army and the Air Force seek to ensure that they are afforded the same rights to enforce the confidentiality designations made in documents produced in response to the Armed Forces Requests as would be afforded to a Party as defined in the Protective Order;
NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED, by and between the Parties, the Army, and the Air Force as follows:
1. The Army and the Air Force shall have the same rights to enforce the terms of the Protective Order as are afforded to Parties, as that term is defined in paragraph 2.11 of the Protective Order, with respect to documents produced by JLL, the Army, or the Air Force in response to the Armed Forces Requests, including any right to seek judicial enforcement of the Protective Order.
SO ORDERED: