E. & J. Gallo Winery et al v. Toledo Engineering Co., Inc.
Filing
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PROTECTIVE ORDER signed by Magistrate Judge Gary S. Austin on 11/8/2011. The stipulation 17 is adopted except that paragraph number 14 is STRICKEN. (Bradley, A)
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D. Greg Durbin, # 81749
Mandy L. Jeffcoach #232313
MCCORMICK, BARSTOW, SHEPPARD,
WAYTE & CARRUTH LLP
P.O. Box 28912
5 River Park Place East
Fresno, CA 93720-1501
Telephone:
(559) 433-1300
Facsimile:
(559) 433-2300
Attorneys for Plaintiff
E & J GALLO WINERY, a California corporation
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LEWIS BRISBOIS BISGAARD & SMITH LLP
DAVID S. WORTHINGTON, SBN 73233
E-Mail: worthington@lbbslaw.com
ANDREW BENZINGER, SBN 219380
E-Mail: benzinger@lbbslaw.com
MELISSA M. WHITEHEAD, SBN 262123
E-Mail: mwhitehead@lbbslaw.com
2850 Gateway Oaks Drive, Suite 450
Sacramento, California 95833
Telephone: (916) 564-5400
Facsimile: (916) 564-5444
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Attorneys for Defendant TOLEDO ENGINEERING CO.,
INC.
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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E. & J. GALLO WINERY, a California
corporation,,
Plaintiff,
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TOLEDO ENGINEERING CO., INC., an
Ohio corporation, and DOES 1 through
XX, inclusive,,
(Removed from Superior Court of
California, County of Stanislaus Case No.
662354)
v.
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Case No. 1:11-CV-00476-LJO-GSA
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STIPULATION FOR PROTECTIVE
ORDER; PROTECTIVE ORDER
ACTION FILED:
TRIAL DATE:
February 14, 2011
None assigned
Defendants.
(Document 17)
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IT IS THEREFORE STIPULATED AND AGREED by and between Plaintiff E. & J.
Gallo Winery and Defendant Toledo Engineering Co., Inc. through their respective counsel
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STIPULATION FOR PROTECTIVE ORDER; PROTECTIVE ORDER
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of record, that:
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I.
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GOOD CAUSE STATEMENT
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The allegations in the pleadings in this action contemplate that during the course of
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litigation, certain proprietary, confidential and trade secret information will need to be
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disclosed. In connection with the discovery in this action, the Parties and certain third-party
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witnesses may produce documents, electronically stored information and materials that
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contain such information. Absent a protective order, production of certain documents and
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information may cause prejudice or harm if made publicly available.
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II.
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PURPOSES AND LIMITATIONS
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The purpose of this Stipulated Protective Order is to provide a means for limiting
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access to, and the use and disclosure of, protected documents and information that are
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produced in this action. Accordingly, the Parties hereto stipulate to and petition the Court to
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enter the following Stipulated Protective Order (the “Order” or “Stipulated Protective
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Order”). The Parties acknowledge that this Order does not confer blanket protections on all
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disclosures or responses to discovery, and that the protection it affords from public
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disclosure and use extends only to the limited information or items that are entitled to
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confidential treatment under the applicable legal principles.
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acknowledge that any Party seeking to seal Documents filed with the Court shall be required
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to comply with Local Rule 141.
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III.
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The Parties further
DEFINITIONS
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A.
Information designated as “Confidential” or “Confidential Information” or
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“Confidential Material,” shall be fully protected by this Order. All portions of transcripts,
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depositions, exhibits, or other pleadings or filings in this action which contain or otherwise
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set forth Documents, information, or other materials, or contents thereof, which have been
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previously designated as Confidential, shall likewise be subject to the terms of this Order.
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STIPULATION FOR PROTECTIVE ORDER; PROTECTIVE ORDER
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B.
“Communicate” (or variants) means to disclose, show, give, list, describe,
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provide, make available, furnish or allow exposure of information in any fashion to any
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person, including without limitation any mailing, faxing, hand delivery, photograph,
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electronic, digital or any other duplication or distribution method;
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C.
“Copy” or “Copies” means reproductions made through any process, including
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but not limited to photocopying or photographic, any form of reproduction, manual
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recopying, microfilm, dictation, or mechanical, visual, digital or electronic duplication which
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in any way attempts to produce the substance, form, or content of information;
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D.
“Designating Party” shall mean any Party or Non-Party who designates any
material or information under this Stipulated Protective Order as Confidential.
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E.
“Document” or “Documents” includes all written, recorded, digital, electronic
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or graphic material, whether produced or created by a Party or another person and whether
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produced pursuant to formal or informal discovery, pursuant to subpoena, by agreement or
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otherwise, and includes both those items of a tangible nature and any digital and/or computer
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files;
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F.
“Party” means any person or entity named in this litigation;
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G.
“Party Affiliates” for purposes of this Stipulated Protective Order means Gallo
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Glass Company (with respect to Plaintiff E. & J. Gallo Winery), and KTG Systems, Inc., KTG
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Engineering Ltd., Tecoglas Ltd., and Dreicor, Inc. (with respect to Defendant Toledo Engineering
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Co., Inc.)
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H.
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“Person” means any natural person, or any legal or business entity, profit or
nonprofit organizations, or any governmental agency;
I.
“Producing Party” means the Party who produced Confidential Documents or
Information;
J.
“Conclusion of this litigation” shall be deemed to be the later of (1) dismissal
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of all claims and defenses in this action, with or without prejudice; and (2) final judgment
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herein after the completion and exhaustion of all appeals, rehearings, remands, trials, or
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reviews of this action, including the time limits for filing any motions or applications for
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STIPULATION FOR PROTECTIVE ORDER; PROTECTIVE ORDER
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extension of time pursuant to applicable law.
K.
“Professional Vendors” include Persons or entities that provide litigation
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support services (e.g., photocopying, videotaping, translating, preparing exhibits or
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demonstrations, and organizing, storing, or retrieving data in any form or medium) and their
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employees and subcontractors.
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IV.
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RESTRICTIONS
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1.
During the course of litigation, either Party may seek to have discovery
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material classified as “confidential.” Confidential Material includes, but is not limited to: (a)
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a trade secret; (b) sensitive marketing, merchandising, corporate, or financial information; (c)
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private information regarding the Parties, Party Affiliates, or a third party; (d) a personnel
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record of any third party; or (e) any Document subject to a confidentiality agreement.
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Confidential Material may be designated by any Party as being subject to the provisions of
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this Stipulated Protective Order.
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Confidential any material if the Party in good faith believes that it contains Confidential
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commercial, financial, proprietary, or personal information.
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2.
Any Party (“Designating Party”) may designate as
Confidential Documents and the information contained therein shall be used
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by the Parties and those Persons identified in Paragraph 3 (covered Persons) only for the
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purpose of the prosecution or defense of this captioned action, and shall not be
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Communicated in any manner to anyone other than those Persons identified in Paragraph 3,
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without order of the Court after due notice to the Producing Party.
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Confidential Document produced (including Copies, excerpts, digests, summaries or indices
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thereof) by a Party shall be clearly marked and identified with one or the other of the
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following legends in red ink:
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Option One:
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STIPULATION FOR PROTECTIVE ORDER; PROTECTIVE ORDER
Each and every
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CONFIDENTIAL
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THIS DOCUMENT PRODUCED UNDER COURT ORDER FOR USE IN
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E. & J. GALLO WINERY v. TOLEDO ENGINEERING CO., INC., ET. AL.,
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UNITED STATES DISTRICT COURT, EASTERN DISTRICT OF CALIFORNIA
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CASE NO. 1:11-CV-00476-LJO-GSA
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AND SHALL NOT BE USED FOR ANY OTHER PURPOSE WHATSOEVER.
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Option Two:
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CONFIDENTIAL
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U.S.D.C., E.D. CAL. CASE NO. 1:11-CV-00476-LJO-GSA
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In the event any Party creates a computer database, disk, compact disk, drive, digital
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or other electronic record containing Confidential Documents or information, the Party
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creating such an electronic record shall mark the case or envelope containing the material
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with the language contained in Paragraph 2. Documents printed from such electronic media
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shall be marked the same as Documents originally produced on paper.
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If timely corrected, an inadvertent failure to designate qualified information or items
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does not, standing alone, waive the Designating Party’s right to secure protection under this
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Order for such material. Upon timely correction of a designation, the Receiving Party must
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take reasonable efforts to assure that the material is treated in accordance with the provisions
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of this Order.
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If it comes to a Designating Party’s attention that information or items that it
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designated for protection do not qualify for protection, that Designating Party must
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promptly notify all other Parties that it is withdrawing the mistaken designation.
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3.
Confidential Documents and information shall not be given, shown, made
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available, discussed or otherwise Communicated in any way except to a “Covered Person,”
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defined as follows:
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a.
The Court or Courts in which this litigation is being pursued;
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b.
The Party and Party Affiliates including their respective officers,
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STIPULATION FOR PROTECTIVE ORDER; PROTECTIVE ORDER
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directors and managing employees, and/or a Person employed by a corporate Party or Party
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Affiliate who is participating in the management of this litigation and the preparation of this
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case;
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c.
The attorneys of record for the Parties and their associated attorneys,
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including the employees of any such attorneys to whom it is necessary that the material be
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shown for purposes of the litigation;
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d.
Independent consultants, or other independent experts retained by a
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Party or an attorney of record to assist in the preparation of this litigation, and who have
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signed Exhibit A.
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e.
Court reporters and their staff, professional jury or trial consultants,
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mock jurors, mediators, and Professional Vendors to whom disclosure is reasonably
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necessary for this litigation and who have signed Exhibit A.
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f.
During their depositions, witnesses in the action to whom disclosure is
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reasonably necessary who are authors or recipients of the document, unless otherwise agreed
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by the Party designating the document as Confidential or ordered by the court.
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4.
Unless otherwise ordered by the court or agreed in writing by the Producing
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Party, a Party that seeks to disclose to an Expert who is a competitor of a Party, as identified
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below, any information or item that has been designated “Confidential” shall give at least 15
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days advance notice in writing to the counsel for the Producing Party (1) the full name and
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address of the Expert; (2) a copy of the Expert’s resume; (3) information identifying the
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Expert’s past (within the previous five years) and current employers and consultant
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relationships; and (4) a signed Copy of Exhibit “A”. The Parties will exchange by letters no
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later than October 28, 2011 a list identifying the Parties’ competitors by industry, and which
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may, but are not required to, include the names of specific competitors. The Parties hereby
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agree that the supply of this information does not waive the attorney-client and/or attorney
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work product privilege.
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If within the 15 day period the Producing Party objects to the use of the competitor,
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the Producing Party shall file a Motion setting forth the good cause as to why the
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STIPULATION FOR PROTECTIVE ORDER; PROTECTIVE ORDER
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Designating Party should be permitted to use the competitor. No disclosure shall be made
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until the Court rules upon the motion.
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5.
No Confidential Documents shall be transmitted by email to those Covered
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Persons identified in 3.d and/or in 3.e, but shall only be transmitted in document form, on
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discs, or by other physical media.
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6.
Deposition testimony relating to or discussing a Party’s Confidential
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Information shall be protected under this Order and the entire transcript including such
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testimony shall be treated as confidential for a period of 30 days after the court reporter
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serves Copies of the transcript on the Parties. Within those 30 days, the proponent of
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confidential treatment of all or any portion of the deposition shall serve on all counsel of
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record a designation of confidentiality that identifies by page those pages to be marked with
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the Confidential legend of Paragraph 2. The transcripts of such deposition testimony shall be
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treated the same under this Order as other Documents marked Confidential. The court
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reporter and videographer, if any, for any such deposition, shall be provided a copy of this
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Order by the Party at whose instance the deposition is taken, shall acknowledge this Order
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on the record and shall not disclose to anyone other than those specified in paragraph 3 any
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deposition testimony or exhibit in this case.
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7.
Confidential Documents and information shall not be given, shown, made
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available, discussed or otherwise Communicated to anyone other than the attorneys of record
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for a Party without first informing them of the contents of this Order. In the case of Persons
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specified in 3(d) and 3(e) herein above, counsel shall obtain from such Person a signed
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acknowledgment, in the form attached hereto as EXHIBIT A.
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Counsel making such disclosure shall retain the original acknowledgment (Exhibit A).
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8.
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Any Party may challenge a designation of confidentiality at any time.
a.
Unless a prompt challenge to a Designating Party’s confidential
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designation is necessary to avoid foreseeable, substantial unfairness, unnecessary economic
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burdens, or significant disruption or delay the litigation, a Party does not waive its right to
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challenge a confidential designation by electing not to mount a challenge promptly after the
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STIPULATION FOR PROTECTIVE ORDER; PROTECTIVE ORDER
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original designation is disclosed.
b.
The Party challenging the designation shall initiate the dispute
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resolution process by providing written notice of each designation it is challenging and
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describing the basis for each challenge. To avoid ambiguity as to whether a challenge has
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been made, the written notice must recite that the challenge to confidentiality is being made
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in accordance with this specific paragraph of this Order. The Parties shall attempt to resolve
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each challenge in good faith and must begin this process by conferring directly (in voice to
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voice dialog; other forms of communications are not sufficient) within fourteen (14) days of
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the date of service of notice. In conferring, the Challenging Party must explain the basis for
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its belief that the confidentiality designation was not proper and must give the Designating
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Party an opportunity to review the designated material, to reconsider the circumstance, and if
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no change in designation is offered, to explain the basis for the chosen designation. A
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Challenging Party may proceed to the next stage of the challenge process only if it has
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engaged in this meet and confer process first or establishes the Designating Party is
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unwilling to participate in the meet and confer process first or establishes the Designating
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Party is unwilling to participate in the meet and confer process in a timely manner.
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c.
If the Parties cannot resolve a challenge without Court intervention, the
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Challenging Party shall file and serve a motion to retain confidentiality within twenty-one
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(21) days of the initial notice of challenge or within fourteen (14) days of the Parties’
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agreeing that the meet and confer process will not resolve their dispute, whichever is earlier.
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Each such motion must be accompanied by a competent declaration affirming that the
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movant has complied with the meet and confer requirements imposed in the preceding
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paragraph. Failure by the Challenging Party to make such a motion, including the required
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declaration within twenty-one (21) days (or fourteen (14) days, if applicable), shall
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automatically waive the challenge to the confidential designation.
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Challenging Party may file a motion challenging a confidentiality designation at any time if
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there is good cause for doing so, including a challenge for the designation of a deposition
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transcript or any portions thereof Any motion brought pursuant to this provision must be
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STIPULATION FOR PROTECTIVE ORDER; PROTECTIVE ORDER
In addition, the
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accompanied by a competent declaration affirming that the movant has complied with the
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meet and confer requirements imposed by the preceding paragraph.
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The burden of persuasion in any such challenge proceeding shall be on the
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Designating Party. Frivolous challenges, and those made for improper purpose (e.g., to
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harass or impose unnecessary expenses and burdens on the other Parties) may expose the
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Challenging Party to sanctions. Unless a Designating Party has waived the confidentiality
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designation by failing to file a motion to retain confidentiality as described above, all Parties
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shall continue to afford the material in question, the level of protection to which it is entitled
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under the Producing Party’s designation until the Court rules on the challenge.
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9.
All writings submitted to or filed with the Court in connection with any pre-
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trial proceedings which contain, set forth, summarize or otherwise disclose Confidential
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Documents or information shall be filed under seal and such Documents shall not be publicly
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available, except by further order of this Court. The Parties acknowledge Local Rule 141
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governs the filing of Documents under seal.
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10.
At the trial of this cause, the Parties agree that the protection of the
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confidentiality of Confidential Documents shall continue to the maximum extent permitted
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by the Court, pursuant to such procedures as the Court may require.
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11.
If any Party or Person that has obtained Confidential Documents or
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information under the terms of this Order receives a subpoena or other legal process
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commanding the production of any such Confidential Documents or information (“the
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subpoena”), such Party or Person shall promptly notify the Party or Person that designated
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the Documents or information as Confidential of the service of the subpoena. The Party or
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Person receiving the subpoena shall not produce any Confidential Document or information
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in response to the subpoena without either the prior written consent of the Producing Party,
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or an order of a court of competent jurisdiction. However, the Producing Party in such case
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shall have the burden of seeking a court order relieving the subpoenaed Party or Person of
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the obligations of the subpoena prior to the return date of such subpoena, or the subpoenaed
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Person or Party shall be relieved of its obligations under this paragraph.
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STIPULATION FOR PROTECTIVE ORDER; PROTECTIVE ORDER
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12.
The inadvertent production in the course of discovery in this action of any
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Document or information (whether designated as Confidential or not) shall not be deemed to
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waive whatever attorney-client privilege, work product protection or other privilege or
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immunity that would otherwise attach to the Document or information produced or to other
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Documents or information, as long as the Producing Party or Person, promptly after
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discovery of the inadvertent production, notifies the other Party or Parties of the claim of
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privilege or other protection or immunity.
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Receiving Parties that certain inadvertently produced material is subject to a claim of
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privilege or other protection, the obligations of the Receiving Parties are those set forth in
When a Producing Party gives notice to
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Federal Rule of Civil Procedure 26(b)(5)(B).
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whatever procedure may be established in an e-discovery order that provides for production
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without prior privilege review. Pursuant to Federal Rule of Evidence 502(d) and (e), insofar
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as the Parties reach an agreement on the effect of disclosure of a communication or
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information covered by the attorney-client privilege or work product protection, the Parties
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may incorporate their agreement in this Order submitted to the court.
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13.
This provision is not intended to modify
The terms of this Order are applicable to information produced by a Non-Party
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in this action and designated as Confidential. Such information produced by Non-Parties in
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connection with this litigation is protected by the remedies and relief provided by this Order.
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Nothing in these provisions should be construed as prohibiting a Non-Party from seeking
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additional protections.
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14.
In the event that a Party is required, by a valid discovery request, to produce a
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Non-Party’s confidential information in its possession, the Party is subject to an agreement
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with the Non-Party not to produce the Non-Party’s confidential information, then the Party
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shall:
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a.
Promptly notify in writing the Requesting Party and the Non-Party that
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some or all of the information requested is subject to a confidentiality agreement with a Non-
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Party;
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b.
Promptly provide the Non-Party with a copy of the Stipulated
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STIPULATION FOR PROTECTIVE ORDER; PROTECTIVE ORDER
1
Protective Order in this litigation, the relevant discovery request(s), and a reasonably specific
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description of the information requested; and
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c.
Make the information requested available for inspection by the Non-
Party.
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If the Non-Party fails to object or seek a protective order for this court within fourteen
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(14) days of receiving the notice and accompanying information, the Receiving Party may
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produce the Non-Party’s confidential information responsive to the discovery request. If the
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Non-Party timely objects, the Receiving Party shall not produce any information in its
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possession or control that is subject to the confidentiality agreement with the Non-Party
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before a determination by the court.1 Absent a court order to the contrary, the Party seeking
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the material shall bear the burden and expense of seeking protection from this court of its
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Protected Material.
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15.
If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed
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Confidential Material to any person or in any circumstances not authorized under this
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Stipulated Protective Order, the Receiving Party must immediately (a) notify in writing the
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Designating Party of the unauthorized disclosures, (b) use its best efforts to retrieve all
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unauthorized copies of the Protected Material, (c) inform the person or persons to whom
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unauthorized disclosures were made of all of the terms of this Order, and (d) request such
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person or persons to execute the “Acknowledgment and Agreement to Be Bound” that is
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attached hereto as Exhibit “A.”
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16.
The protections conferred by this Stipulation and Order do not cover the
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following information: (a) any information that is in the public domain at the time of
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disclosure to a Receiving Party or becomes part of the public domain after its disclosure to a
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Receiving Party as a result of publication not involving a violation of this Order, including
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becoming part of the public record through trial or otherwise; (b) any information known to
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The purpose of this provision is to alert the interested Parties to the existence of
confidentiality rights of a Non-Party and to afford the Non-Party an opportunity to protect its
confidentiality interests in this court.
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STIPULATION FOR PROTECTIVE ORDER; PROTECTIVE ORDER
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the Receiving Party prior to the disclosure or obtained by the Receiving Party after the
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disclosure from a source who obtained the information lawfully and under no obligation of
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confidentiality to the Designating Party; and (c) a Party’s use of its own Confidential
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documents and information.
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17.
Within ten (10) days after the Conclusion of this litigation, unless the Court
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orders otherwise, Counsel for any Party who receives Confidential Documents or
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information from the other Party shall notify in writing Counsel for the other Party of the
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total number of Exhibit “A”s Counsel caused to be executed pursuant to paragraphs 3(d) and
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3(e).
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18.
Within twenty-one (21) days after the Conclusion of this litigation, unless the
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Court orders otherwise, Counsel for any Party who received Confidential Documents or
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information shall request from all Persons to whom Confidential Documents and information
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have been provided an affidavit in the form of Exhibit B hereto. The request shall include
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notification to the recipients that the litigation has concluded. Copies of such requests shall
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be sent to the other Party.
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19.
Within fourteen (14) days of receipt of notice of the Conclusion of this
litigation, each Covered Person under paragraph 3d and 3e of this Order shall:
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a.
return to the counsel that disclosed Confidential Documents or
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information to them all Confidential Documents and all documentary materials reflecting
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Confidential Information which are in his/her possession, custody or control, and
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b.
serve upon the disclosing counsel an affidavit in the form of EXHIBIT
B, attesting that he/she has returned all Confidential Documents and Information.
20.
Unless the Court orders otherwise, within sixty (60) days after the Conclusion
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of this litigation, every counsel who has received the Confidential Documents or information
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of another Party shall:
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a.
return the original and all Copies of the Confidential Documents
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provided by the Producing Party which are in the possession, custody or control of such
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counsel; and
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STIPULATION FOR PROTECTIVE ORDER; PROTECTIVE ORDER
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b.
either deliver to counsel for the Producing Party all documentary
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materials reflecting information contained in or derived from Confidential Documents
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provided by the Producing Party which are in the possession, custody or control of such
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counsel; OR
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c.
destroy such documentary materials, and notify counsel for the
Producing Party in writing that such action has been taken; and
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d.
file under seal, all original executed affidavits received; and
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e.
Inform counsel for the Producing Party in writing of the identity of
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any Confidential Documents or information contained in or derived from such Documents,
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known to such counsel, which have not been returned and/or destroyed in the manner
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required by this Order, and the identity of any Person who has failed to return each such
12
Confidential Document and/or item of Confidential Information.
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21.
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a.
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the rights of any Party to object to any further production or use at trial
of Confidential Documents or the Information contained therein; or
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Nothing in this Order shall limit or otherwise affect:
b.
the rights of any Party to seek a more restrictive treatment of highly
Confidential Information.
22.
At the Conclusion of this litigation, the Court shall retain jurisdiction in the
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case for enforcement of this Order. At the Conclusion of this litigation, counsel for a
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Producing Party shall not be entitled to inspect and Copy those Documents previously
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filed under seal with the Court pursuant to this Order unless the Court determines the
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Producing Party has shown “Good Cause” to inspect and Copy said materials. An example
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of “Good Cause” may include the Producing Party’s documentation of a violation of this
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Order by submitting an affidavit to the Court showing that not all of the Documents covered
25
by this Order were returned or destroyed as provided by this Order. “Good Cause” may also
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include a Producing Party’s documentation of a violation of this Order by submitting an
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affidavit to the Court showing that the Documents governed by this Order were being
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utilized in a manner not permitted by this Order. At least ten (10) days prior to any hearing
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STIPULATION FOR PROTECTIVE ORDER; PROTECTIVE ORDER
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on the issue of whether a Producing Party has shown “Good Cause,” the Producing Party
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shall notify in writing all counsel of record of the Producing Party’s attempt to establish
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“Good Cause” with the Court so as to permit the Producing Party to inspect and Copy those
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materials previously filed under seal with the Court.
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23.
By their signature upon the stipulation for the entry of this Order and their
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signatures below, counsel for the Parties signify their understanding of this Order and their
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agreement to abide by its terms unless and until it is modified or superseded by further order
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of this Court. The attorneys of record are responsible for employing reasonable measures,
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consistent with this Order, to control duplication of, access to and distribution of Copies of
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Confidential Information and to collect or destroy all Documents at the Conclusion of this
11
litigation.
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24.
Designation of a Document, as defined in Paragraph 2, as “Confidential” shall
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not waive the rights of any Party to argue, in Court hearings and/or trial for the above
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captioned matter, that the Document designated as Confidential is not legally Confidential
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and/or a trade secret.
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Dated: October 24, 2011
McCORMICK, BARSTOW, SHEPPARD,
WAYTE & CARRUTH LLP
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By:
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/s/ D. Greg Durbin
D. Greg Durbin, SB#81749
Attorneys for Plaintiff
5 River Park Place East
Fresno, CA 93720-1501
559.433.1300
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STIPULATION FOR PROTECTIVE ORDER; PROTECTIVE ORDER
1
Dated: October 24, 2011
LEWIS BRISBOIS BISGAARD & SMITH, LLP
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By:
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/s/ David S. Worthington
David S. Worthington, SB#73233
Attorneys for Defendant
2850 Gateway Oaks Drive, Suite 450
Sacramento, CA 95833
916.564.5400
ORDER
The Court has reviewed the stipulation of the parties. The stipulation is adopted except
that paragraph number 14 is STRICKEN.
Dated : November 8, 2011
/s/ Gary S. Austin
The Honorable Gary S. Austin
United States Magistrate Judge
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14
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15
STIPULATION FOR PROTECTIVE ORDER; PROTECTIVE ORDER
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11
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14
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16
STIPULATION FOR PROTECTIVE ORDER; PROTECTIVE ORDER
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