`Case 1:19-cv-11586—IT Document 58-2 Filed 03/31/20 Page 1 of 16
`
`
`
`
`
`EXHIBIT B
`
`EXHIBIT B
`
`
`
`Case 1:19-cv-11586-IT Document 58-2 Filed 03/31/20 Page 2 of 16
`
`
`
`
`
`UNITED STATES DISTRICT COURT
`DISTRICT OF MASSACHUSETTS
`
`PHILIPS NORTH AMERICA LLC,
`
`
`
`
`
`FITBIT, INC.
`
`
`
`Plaintiff,
`
`Defendant.
`
`
`
`v.
`
`
`
`)
`)
`)
`)
`)
`)
`)
`)
`)
`)
`
`[PROPOSED] STIPULATION ON DISCOVERY
`
`C.A. No. 1:19-cv-11586
`
`
`
`Plaintiffs Philips North America, LLC (“Philips”) and Defendant Fitbit, Inc. (“Fitbit”), by
`
`and through their respective counsel, hereby stipulate and agree as follows.
`
`i.
`
`Service and Delivery of Documents
`
`Absent other agreement of the parties, documents and written discovery responses
`
`in this action will be served by electronic means on an attorney of record, and in all instances be
`
`accompanied by an email confirmation to the e-mail addresses listed below.
`
`Party
`
`Philips
`
`Fitbit
`
`
`
`Designated Email Addresses
`
`BOSTFPhilipsFitbit@foley.com
`Philips-fitbit@paulhastings.com
`
`The parties agree that only individuals permitted access to documents containing
`
`confidential business information pursuant to the Protective Order will be included in the above
`
`email distribution addresses.
`
`When the size of the file containing any such document is larger than 20 MB, and
`
`4822-5523-6536.1
`
`1
`
`
`
`Case 1:19-cv-11586-IT Document 58-2 Filed 03/31/20 Page 3 of 16
`
`
`
`cannot be practicably transmitted in a smaller zipped file, same day service of the documents in
`
`electronic form shall be made via secure file transfer over FTP, extranet, or hand delivery of
`
`electronic media. Parties may also serve hard copies of documents if necessary for timely
`
`service, provided that electronic copies of those documents also shall be provided to the other
`
`parties.
`
`Discovery requests or responses sent by email on or before 7 p.m. EDT/EST shall
`
`be deemed to have been served on the day sent. Discovery requests or responses sent by email
`
`after 7 p.m. EDT/EST shall be deemed to have been served on the following day. Discovery
`
`requests and discovery responses shall be served in searchable .PDF format by electronic service
`
`and, in addition to the .PDF format, the parties shall exchange copies of discovery requests in
`
`Microsoft Word format.
`
`ii.
`
`Privilege Logs
`
`The parties agree that absent a showing of good cause, communications with, and
`
`attorney work product of, trial counsel in this case need not be identified on a privilege log. Nor
`
`is it necessary for the parties to log any communications with any counsel seeking or receiving
`
`legal advice concerning the subject matter of the pending lawsuit if such communications
`
`happened after the commencement of the lawsuit. Absent a showing of good cause, no party is
`
`required to identify on its respective privilege log any communications with counsel or experts in
`
`connection with any foreign patent matters involving the Parties hereto or their affiliates or
`
`parent companies.
`
`iii.
`
`Inadvertent Production of Privileged Information
`
`If a document or information inadvertently produced in discovery is subject to a
`
`claim of privilege, immunity or of protection as work product (“privileged information”), the
`
`4822-5523-6536.1
`
`2
`
`
`
`Case 1:19-cv-11586-IT Document 58-2 Filed 03/31/20 Page 4 of 16
`
`
`
`inadvertent production of that privileged information shall not be deemed to constitute a waiver
`
`of any applicable privileges or protections consistent with Rule 26(b)(5)(B), F.R.C.P. Likewise,
`
`consistent with Federal Rule of Evidence 502(d), the inadvertent production of a privileged or
`
`work product protected ESI is not a waiver in the pending case or in any other federal or state
`
`proceeding. For example, the production of privileged information in this case as part of a
`
`production by a party is not itself a waiver of any privilege or protection in this matter or any
`
`other federal or state proceeding.
`
`When a receiving party identifies potentially privileged information that may have
`
`been inadvertently produced, it shall promptly notify the producing party. When the party that
`
`produced the privileged information becomes aware that privileged information was produced, it
`
`shall promptly provide notice to any party that received the privileged information that:
`
`(a) identifies the privileged information; (b) specifies the claimed privilege or protection; and
`
`(c) explains the basis for the claimed privilege or protection. After receiving such a notice, or
`
`after identifying on its own potentially privileged information that may have been inadvertently
`
`produced, the receiving party shall (a) promptly from service of the notice, return or destroy the
`
`specified privileged information along with any copies it has of the document or information;
`
`(b) not use or disclose the document or information until the claim is resolved; and (c) within
`
`seven days of service of the notice, take reasonable steps to retrieve the document or information
`
`if the person disclosed it to others before being notified and inform the producing party of that
`
`fact.
`
`Such return or destruction shall not preclude the receiving party from
`
`subsequently seeking to compel production of the privileged information. The person that
`
`produced the document must preserve the document or information until the claim of privilege or
`
`4822-5523-6536.1
`
`3
`
`
`
`Case 1:19-cv-11586-IT Document 58-2 Filed 03/31/20 Page 5 of 16
`
`
`
`protection is resolved.
`
`iv.
`
`Discovery of Expert Materials
`
`The parties agree to be bound by Federal Rule of Civil Procedure 26(b)(4) as to
`
`discovery of expert materials.
`
`Notwithstanding the above, the parties shall identify and produce copies of any
`
`documents relied upon by the expert as a basis for the opinions set forth in his or her report,
`
`declaration, affidavit, and/or testimony, including witness statements and live testimony.
`
`Furthermore, nothing in this agreement is intended to restrict discovery relating to: (a) the
`
`compensation paid to an expert; and (b) any assumptions that counsel provided and that the
`
`expert relied on in forming the opinions to be expressed.
`
`The parties agree that retained experts and consultants may not share any
`
`confidential business information received under the Protective Order with any other individual,
`
`including non-clerical assistants or support staff for the expert or consultant, unless that
`
`individual has subscribed to the Protective Order.
`
`v.
`
`Inadvertent Failure to Designate Confidential Business Information
`
`A party which inadvertently fails to designate information as confidential may
`
`promptly notify the other parties that such information should have been designated confidential
`
`and should be treated as confidential after reasonable steps by receiving parties have been taken
`
`as specified below. Where appropriate, the designating party shall provide replacement copies of
`
`such materials bearing the appropriate confidentiality designation. Upon being notified that the
`
`information was inadvertently not designated as confidential, the receiving parties shall take
`
`reasonable steps to retrieve the information from any recipients of such information who
`
`previously had been provided the confidential information and who are not authorized to access
`
`4822-5523-6536.1
`
`4
`
`
`
`Case 1:19-cv-11586-IT Document 58-2 Filed 03/31/20 Page 6 of 16
`
`
`
`such confidential information under the Protective Order. If the receiving party has reason to
`
`believe that the information has been disseminated to persons from whom it has not been able to
`
`retrieve the information through reasonable steps, it shall inform the producing party of that fact.
`
`No party shall argue that another party is in breach of the Protective Order for any
`
`use of confidential information during the time that the information was not designated as
`
`confidential or before receiving parties complete the reasonable steps specified above.
`
`vi.
`
`Third-Party Confidentiality
`
`To the extent the following is not inconsistent with confidentiality obligations in,
`
`for example, an applicable non-disclosure or other agreement, the parties agree as follows:
`
`The parties shall take reasonable steps to ensure that the existence of
`
`confidentiality or non-disclosure agreements with non-parties (“Non-Party Confidentiality
`
`Agreements”) do not significantly delay the production of any such documents that a party has
`
`agreed to produce. The parties further agree that those reasonable steps shall include notice from
`
`the producing party to any non-parties with whom they have any applicable confidentiality or
`
`non-disclosure agreement that allows the non-party a period of 10 days, or other time period set
`
`forth in an applicable non-disclosure or other agreement, to provide a written objection to the
`
`producing party. The written notice to the non-party shall state that the information or
`
`documents will be produced if the non- party does not respond in writing within the allocated
`
`time period. If the non-party does not object to the production within 10 days or such other
`
`prescribed period, the documents subject to the non-disclosure or other applicable agreement
`
`shall be produced. The 10-day period may be extended by an additional 5 days if notice is to be
`
`sent to a company outside the United States.
`
`If a non-party raises a timely objection to production, the producing party objects
`
`4822-5523-6536.1
`
`5
`
`
`
`Case 1:19-cv-11586-IT Document 58-2 Filed 03/31/20 Page 7 of 16
`
`
`
`to the production based on obligations in a non-disclosure or other applicable agreement that
`
`conflict with the preceding paragraph, or the requesting party so requests, the parties shall meet
`
`and confer in good faith regarding the production of the information subject to any non-
`
`disclosure or other applicable agreement. If the matter reaches an impasse, the party seeking
`
`production of the information, the non-party objecting to production, or both may seek assistance
`
`from the Court by motion or other permissible manner.
`
`vii.
`
`Email Production
`
`The parties agree that, as a general matter, the parties do not need to search or
`
`produce email or other forms of electronic correspondence in response to Requests for
`
`Production, subject to the exception identified in subparagraph (a) below which shall apply to
`
`only Philips and Fitbit.
`
`a.
`
`If a party, having reviewed another party’s production, believes that
`
`searching and production of another party’s email is reasonably necessary to proceed with
`
`its case, then the parties agree to the following procedure, subject to the limitations set forth
`
`in subparagraphs (b)-(d): A requesting party may make a request to the other party to
`
`conduct a reasonable, narrowly-tailored search by providing to the receiving party a list of
`
`ten search terms. The search terms (1) shall be narrowly-focused to particular issues, (2)
`
`shall correlate to a named employee or representative of the receiving party, and (3) shall
`
`be limited to a reasonable time period not to exceed two years absent good cause shown.
`
`Indiscriminate terms, such as a company’s name or its product name, are inappropriate
`
`unless combined with narrowing search criteria that sufficiently reduce the risk of
`
`overproduction. A conjunctive combination of multiple words or phrases (e.g., “computer”
`
`and “system”) narrows the search and shall count as a single search term. A disjunctive
`
`4822-5523-6536.1
`
`6
`
`
`
`Case 1:19-cv-11586-IT Document 58-2 Filed 03/31/20 Page 8 of 16
`
`
`
`combination of multiple words or phrases (e.g., “computer” or “system”) broadens the
`
`search, and thus each word or phrase shall count as a separate search term unless they are
`
`variants of the same word. The parties may jointly agree to modify this limit.
`
`b.
`
`Each requesting party shall limit its email production requests as follows
`
`consistent with proportionality under Rule 26(b)(1). Each party shall limit email
`
`production requests to a total of ten search terms and five employees or representatives.
`
`c.
`
`If a proposed search returns an unreasonably large number of emails or
`
`other electronic correspondence, the parties agree to meet and confer to attempt to narrow
`
`or limit the requested search. If a dispute arises as to the scope of any email production
`
`request pursuant to this paragraph, the parties further agree to meet and confer promptly to
`
`attempt to resolve the matter without intervention by the Court.
`
`d.
`
`The mere fact that a party has previously produced email or electronic
`
`correspondence as part of a document production shall not itself constitute a waiver for any
`
`purpose of any provision of this paragraph.
`
`viii.
`
`Sources Not to Be Searched
`
`Absent a showing of good cause by the requesting party, the parties agree that the
`
`following sources need not be searched and therefore need not be preserved: automated disaster
`
`recovery backup systems and/or disaster recovery backup tapes; RAM or temporary files;
`
`temporary internet files, history, cache, cookies, and other on-line access data; data in metadata
`
`fields that are updated automatically such as last-opened dates; data remaining from systems no
`
`longer in use that is unintelligible on the systems in use; residual, fragmented, damaged,
`
`permanently deleted, slack, and unallocated data; voicemail systems; text messages; mobile
`
`devices; personal home computers; instant messaging logs; and social media or other web-based
`
`4822-5523-6536.1
`
`7
`
`
`
`Case 1:19-cv-11586-IT Document 58-2 Filed 03/31/20 Page 9 of 16
`
`
`
`communications.
`
`ix.
`
`Documents Received in Response to a Subpoena
`
`Any party who receives documents from a third party pursuant to a subpoena
`
`shall re-produce those documents to the other parties within three business days or less. The
`
`parties agree that they shall make reasonable efforts to re-produce such third-party materials in
`
`fewer than three business days when necessary such as, for example, in the event such
`
`documents may be used in a deposition. Where re-production of the documents within three
`
`business days is not feasible, the party who received the documents shall provide prompt notice
`
`to the other parties and the issue will be resolved on a case-by-case basis.
`
`x.
`
`Non-Confidential Versions of Certain Documents
`
`Counsel for a party may request permission to provide a redacted version of a
`
`confidential submission from another party to individuals outside the protective order. The other
`
`parties shall endeavor to respond in a reasonably timely fashion to such requests. In accordance
`
`with the Protective Order, no document designated Confidential Business Information may be
`
`shared with anyone outside the Protective Order absent express written authorization from the
`
`party that designated the document as Confidential Business Information. To the extent possible,
`
`each confidential submission shall identify in the confidentiality header the party and/or third
`
`party supplier(s) that provided Confidential Business Information contained in that submission.
`
`xi.
`
`Form of Production and Electronically Stored Information
`
`Unless otherwise agreed between the parties, all documents, including any
`
`electronically stored information (“ESI”), shall be produced in native-file format or as TIFF
`
`images as follows, subject to the technical capabilities of the producing party or its vendor:
`
`a.
`
`If ESI (or non-ESI) is produced as TIFF images, it shall be produced as single-
`
`4822-5523-6536.1
`
`8
`
`
`
`Case 1:19-cv-11586-IT Document 58-2 Filed 03/31/20 Page 10 of 16
`
`
`
`page TIFF Group IV images, black and white, at 300 x 300 dpi resolution with a
`
`standard delimited concordance format (DAT file) and either IPRO (LFP file) or
`
`Opticon (OPT file) format, including document breaks and page counts. The
`
`producing party may, at any time, reproduce any document in color in JPG format
`
`or at a higher resolution. Documents reproduced in color or at a higher resolution
`
`shall bear the same production number(s) as the originally produced document
`
`where practicable. A single multi-page text file shall be provided for each
`
`document, and the filename should match its respective TIFF image filename. A
`
`commercially-acceptable technology for optical character recognition (“OCR”)
`
`shall be used for all scanned, hard copy documents written in English or other
`
`Latin-character language. When possible, the text of native files should be
`
`extracted directly from the native file. Text files will not contain the redacted
`
`portions of the documents and OCR text files will be substituted instead of
`
`extracted text files for redacted documents.
`
`b.
`
`Images shall be produced using a unique file name that will be the production
`
`number of that page (e.g., ABC000001.TIFF). The production number shall
`
`appear on the face of the image. For documents that are produced as native files,
`
`the producing party shall endeavor to include in the set of TIFF images a slipsheet
`
`where the native file would otherwise have been produced indicating the
`
`production number of the native file or other document and the confidentiality
`
`designation. In addition, native files shall be produced using a name that bears
`
`the production number, for example: ABC000002.xls. The producing party shall
`
`also endeavor to indicate any confidentiality designation in the produced filename
`
`4822-5523-6536.1
`
`9
`
`
`
`Case 1:19-cv-11586-IT Document 58-2 Filed 03/31/20 Page 11 of 16
`
`
`
`where possible and reasonable. The DAT file shall also include a path to the
`
`native file.
`
`c.
`
`Parent-child relationships (association between an attachment and its parent
`
`document) shall be preserved to the extent such relationships are maintained in
`
`the normal course of business in the source repository. The attachment(s) shall be
`
`produced adjacent to the parent document in terms of production numbers, with
`
`the first attachment being named with the next sequential number after the parent,
`
`and any additional attachment(s) sequentially numbered after that first attachment.
`
`Any parent-child relationship will be reflected in the DAT file.
`
`Productions that contain foreign language documents shall be Unicode compliant.
`
`To the extent possible, the unitization of a produced electronically stored
`
`document and any attachments or affixed notes shall be maintained as it existed in
`
`the original file or computer. Scanned/paper documents should be logically
`
`unitized (i.e., to preserve page breaks between documents and otherwise allow
`
`separate documents to be identified).
`
`If unitization cannot be maintained, the original unitization shall be documented
`
`in the associated load file or otherwise electronically tracked if possible.
`
`Document level text files with a .txt extension will be provided where available.
`
`The text file name will correspond to the beginning production number of the
`
`image or native file. A field will be included in the DAT with the path to the
`
`corresponding text file.
`
`Each party will use reasonable efforts to filter out common system files and
`
`d.
`
`e.
`
`f.
`
`g.
`
`h.
`
`application executable files.
`
`10
`
`4822-5523-6536.1
`
`
`
`Case 1:19-cv-11586-IT Document 58-2 Filed 03/31/20 Page 12 of 16
`
`
`
`i.
`
`A party is required to produce only a single copy of a responsive document and a
`
`party may de-duplicate responsive ESI (based on MD5 or SHA-1 hash values at
`
`the document level) across custodians. To the extent that a party has propounded
`
`a specific request for email and shown good cause in compliance with this
`
`stipulation, the hash value will be generated based on the parent/child document
`
`grouping for emails with attachments. A party may also de-duplicate “near-
`
`duplicate” email threads as follows: In an email thread, only the final-in-time
`
`document need be produced, assuming that all previous emails in the thread are
`
`contained within the final message. Where a prior email contains an attachment,
`
`that email and attachment shall not be removed as a “near-duplicate.” To the
`
`extent that de-duplication through MD5 or SHA-1 hash values is not possible, the
`
`parties shall meet and confer to discuss any other proposed method of de-
`
`duplication.
`
`j.
`
`To facilitate production of ESI, a producing party may batch designate ESI
`
`produced pursuant to this agreement as Confidential Business Information under
`
`the Protective Order without justifying the confidentiality of the ESI on a
`
`document-by-document basis at the time of production. Upon request by a
`
`receiving party, however, the producing party shall cooperate to de-designate, as
`
`appropriate, material that is not confidential but was previously produced
`
`designated as Confidential Business Information.
`
`k.
`
`l.
`
`The parties are not required to preserve metadata fields that are frequently
`
`updated in the ordinary course of business, such as last-opened dates.
`
`No party shall be required to create any metadata for production (e.g., hash value
`
`4822-5523-6536.1
`
`11
`
`
`
`Case 1:19-cv-11586-IT Document 58-2 Filed 03/31/20 Page 13 of 16
`
`
`
`or other metadata not associated with ESI in the ordinary course of business)
`
`except that the parties will create a field to indicate whether or not a document has
`
`been marked confidential pursuant to the protective order (see below list of
`
`metadata fields). However, a receiving party may not rely solely on this field to
`
`identify information and documents that it is required to treat as confidential.
`
`Any document produced with a confidentiality banner on the produced image is to
`
`be afforded confidential treatment under the Protective Order regardless of
`
`whether there is an entry in this field.
`
`m.
`
`Absent a showing of good cause, ESI productions need not include metadata
`
`except that the following fields shall be included in the production if such fields
`
`exist and are reasonably available to the producing party:
`
`Field Name
`
`BEGBATES
`
`ENDBATES
`
`Field Description
`
`Number stamped on first image page of document
`
`Number stamped on last image page of document
`
`BEGATTACH
`
`Number stamped on first image page of attachment(s)
`
`ENDATTACH
`
`Number stamped on last image page of attachment(s)
`
`CBI
`
`CUSTODIAN
`
`DE-DUPED
`CUSTODIAN
`
`Indicates the confidentiality designation of a
`document that has been designated as Confidential
`Business Information
`
`Where applicable and available, identifies the
`individual (custodian) from whom the document
`originated
`
`Where applicable and available, identifies all
`individuals other than the individual identified in the
`CUSTODIAN field whose files were de-duplicated but
`contained a copy of the document
`
`FILENAME
`
`File name of an electronic document or attachment
`
`4822-5523-6536.1
`
`12
`
`
`
`Case 1:19-cv-11586-IT Document 58-2 Filed 03/31/20 Page 14 of 16
`
`
`
`Field Name
`
`Field Description
`
`NATIVEFILELINK For documents produced as native file, link to that file
`
`TEXTFILELINK
`
`Link to text file produced with document or attachment
`
`MD5HASH
`
`
`
`Identifies value of an electronic record that can be used
`for deduplication and authentication generated using the
`MD5 hash algorithm
`
`To the extent that any email productions take place pursuant to Section 6 of
`
`this stipulation, the requesting and producing party shall meet and confer regarding the
`
`possible inclusion of additional fields, if necessary, in addition to the following:
`
`FROM
`
`The name and email address of the sender of the email
`
`TO
`
`CC
`
`BCC
`
`All recipients that were included on the “To” line of the
`
`All recipients that were included on the “CC” line of the
`
`All recipients that were included on the “BCC” line of
`the email
`
`SUBJECT
`
`Email Subject Line
`
`DATESENT
`
`Date email was sent (format: MM/DD/YYYY)
`
`
`
`The producing party has the option of producing as native files Microsoft Excel
`
`spreadsheets, Microsoft Access databases, and other documents that cannot be converted to a
`
`TIFF image format in a readily-usable and legible format. In addition, a producing party shall
`
`not be required to produce in TIFF format when the conversion to image TIFF format would
`
`4822-5523-6536.1
`
`13
`
`
`
`Case 1:19-cv-11586-IT Document 58-2 Filed 03/31/20 Page 15 of 16
`
`
`
`impose unreasonable cost on the producing party and/or would result in unintelligible
`
`documents. Under such circumstances, the producing party shall notify the requesting party
`
`within a reasonable time after learning of the issue and the parties shall meet and confer
`
`regarding an acceptable production format.
`
`A producing party shall respond to reasonable requests that spreadsheets and
`
`other documents produced in TIFF format that are unintelligible or not readily usable be
`
`produced in another format, such as native format.
`
`The parties also shall respond to reasonable requests for the production of higher-
`
`resolution or color images. The producing party shall not object to reasonable requests for color
`
`images and also shall not object to reasonable requests for higher resolution images if the
`
`document as originally produced is illegible or difficult to read. The producing party shall have
`
`the option of producing the native-file version of the documents in response to such requests.
`
`xii. Discovery Logistics
`
`Microsoft Word versions will be promptly provided upon request of any lists or
`
`other content in pleadings that the receiving party reasonably needs to import into a Word
`
`document of their own, such as for example in preparation of a responsive pleading.
`
`Verifications of interrogatory responses shall be served within (a) five business
`
`days prior to the deposition(s) of party witnesses for all responses provided by that party as of
`
`that date; (b) ten business days after service of the final amended interrogatory response; and (c)
`
`in no case later than ten days after the close of fact discovery.
`
`
`
`
`
`4822-5523-6536.1
`
`14
`
`
`
`Case 1:19-cv-11586-IT Document 58-2 Filed 03/31/20 Page 16 of 16
`
`PHILIPS NORTH AMERICA LLC,
`By its attorneys,
`
`By: _/s/Ruben J. Rodrigues________
`Lucas I. Silva (BBO 673,935)
`Ruben Rodrigues (BBO 676,573)
`FOLEY & LARDNER LLP
`111 Huntington Avenue
`Suite 2500
`Boston, MA 02199-7610
`Phone: (617) 342-4000
`Fax: (617) 342-4001
`lsilva@foley.com
`rrodrigues@foley.com
`
`
`Eley O. Thompson (pro hac vice)
`FOLEY & LARDNER LLP
`321 N. Clark Street
`Suite 2800
`Chicago, IL 60654-5313
`Phone: (312) 832-4359
`Fax: (312) 832-4700
`ethompson@foley.com
`
`
`
`
`
`
`
`
`
`
`
`FITBIT, INC.
`By its attorneys,
`
`By: /s/ David Beckwith
`Jennifer B. Furey (BBO 634,174)
`Andrew T. O’ Connor (BBO 664,811)
`400 Atlantic Avenue
`Boston, MA 02110
`Phone: (617) 482-1776
`Fax: (617) 574-4112
`jfurey@goulstonstorrs.com
`aoconnor@goulstonstorrs.com
`
`
`
`
`Yar R. Chaikovsky (pro hac vice)
`David Beckwith (pro hac vice)
`David T. Okano (pro hac vice)
`Radhesh Devendran (pro hac vice)
`Berkeley G. Fife (pro hac vice)
`PAUL HASTINGS LLP
`1117 S. California Ave.
`Palo Alto, CA 94304
`Phone: (650) 320-1800
`Fax: (650) 320-1900
`yarchaikovsky@paulhastings.com
`davidbeckwith@paulhastings.com
`davidokano@paulhastings.com
`radheshdevandran@paulhastings.com
`berkeleyfife@paulhastings.com
`
`Chad J. Peterman (pro hac vice)
`PAUL HASTINGS LLP
`200 Park Avenue
`New York, NY 10166
`Phone: (212) 318-6797
`Fax: (212) 230-7797
`chadpeterman@paulhastings.com
`
`
`
`
`
`4822-5523-6536.1
`
`15
`
`