City of Sterling Heights Police & Fire Retirement System v. Reckitt Benckiser Group Plc

UNITED STATES DISTRICT COURT 
SOUTHERN DISTRICT OF NEW YORK 

           ee OK 
CITY OF STERLING HEIGHTS POLICE &   :   Civil Action No. 1:20-cv-10041-PKC 
FIRE RETIREMENT SYSTEM, Individually: 
and on Behalf of All Others Similarly Situated,  :   CLASS  ACTION 
                       Plaintiff,        .   [PROPOSED] SUPPLEMENTAL THIRD- 
                                     .   PARTY STIPULATED PROTECTIVE 
     v8.                               -   ORDER RESTRICTING DISCLOSURE OF 
                                     .   INDIVIOR CONFIDENTIAL 
RECKITT BENCKISER GROUP PLC,       .   INFORMATION 
RAKESH KAPOOR, and SHAUN 
THAXTER, 
                       Defendants. 
  A
     Pursuant to Federal Rule of Civil Procedure 26(c), Plaintiffs and Defendants (collectively, 
the Parties”)! in the above-captioned action (the “Action”), respectfully request that the Court issue 
a  Supplemental  Third-Party  Stipulated  Protective  Order  Restricting  Disclosure  of Indivior 
Confidential Information to protect certain confidential, proprietary, or private information of third 
party subpoena-recipient, Indivior Inc., that may be produced or re-produced in the course of 
discovery in this Action, and to guard against the waiver of attorney-client privilege, work-product 
protection pursuant to Federal Rule of Evidence 502(d), and other applicable privileges.  The 
protections afforded in this Supplemental Third Party Stipulated Protective Order are in addition to 
the Stipulated Protective Order entered June 29, 2022 in this proceeding and in no way diminish the 
protections of that June 29, 2022 Protective Order.  The Parties, by and through their respective 

     “Plaintiffs” refers to Lead Plaintiff City of Birmingham Retirement and Relief System and 
Plaintiff City of Sterling Heights Police & Fire Retirement System.  “Defendants” refers to Reckitt 
Benckiser Group PLC, Rakesh Kapoor, and Shaun Thaxter. 
                                    -l- 

undersigned counsel, hereby stipulate to the following additional terms governing the production or 
designation of materials from Non-Party Indivior Inc., subject to the Court’s approval. 
I.     DEFINITIONS 
     1,     “Highly Confidential Discovery Material” means any Discovery Material designated 
as “Highly Confidential” pursuant to the terms of this Order. 
     2.     ‘Designating Party” means a Party or Non-Party Indivior Inc. who designates any 
Discovery Material as Confidential or Highly Confidential in connection with this Action. 
     3.     “Discovery Material” means any information provided by a Party or Non-Party 
Indivior Inc. in the course of discovery in this Action, including, but not limited to, information 
contained in documents, testimony taken at depositions and transcripts thereof, deposition exhibits, 
interrogatory responses, responses to requests for admission, and any other information or material 
produced, given or exchanged in this Action, regardless of the medium or manner generated, stored 

or maintained. 
     4,     “Non-Party” means a person or entity, including Indivior Inc., that is not a Party to 
this Action. 
     5.     “Objecting Party” means a Party or Non-Party that challenges the designation of 
Discovery Material as  “Confidential” or “Highly Confidential,” or challenges  a failure to  so 
designate. 
     6.     “Party” means any Party to this Action. 
     7.     “Producing Party” means a Party or Non-Party that produces any Discovery Material 
in this Action. 
     8.     “Protected Information” means information subject to a claim of confidentiality, 
attorney-client privilege, attorney work-product protection, or other applicable privilege, that a 
Producing Party inadvertently discloses to a Receiving Party in this Action. 
                                     2. 

     9,     “Receiving Party” means a Party or Non-Party, including Indivior, Inc. that receives 

any Discovery Material from a Producing Party in this Action. 
Ik.     DESIGNATING DISCOVERY MATERIAL 
     10.    Any Producing or Receiving Party may designate  as  Highly Confidential  any 
Discovery Material, or any portion thereof, that the Producing Party or Receiving Party reasonably 
and in good faith believes consists of or contains non-public information related to: 
           {a)    proprietary business information, including trade secrets and other highly 
sensitive and non-public research and analysis, customer information, current (not more than five (5) 
years old) sales techniques and financial, marketing, and strategic business planning information, 
and information older than five years that is indicative of current sales techniques and financial, 
marketing, and strategic busmess planning practices; 
           (b)    current or past communications with and submissions to the U.S. Food & 
Drug Administration regarding research, development, studies, testing, analyses, or reports regarding 
product composition, safety, or risks; 
           (c)    any current or future pricing information, information relating to research, 
development, testing of, and plans for, a Producing Party’s existing and proposed future products, 
information relating to the processes, apparatus, manufacture, or analytical techniques used by a 
Producing Party in its present or proposed commercial production of such products; 
           (d)    information  relating  to  pending  or  abandoned  patent  applications  not 
otherwise disclosed to the public; 
           (e)    communications regarding any of the Highly Confidential Material; and 
           (f}     any other information that a Producing Party believes in good faith could be 
used by a competitor to harm its business or to seek advantage beyond the purposes of this litigation. 
Examples may include dividends paid by a private corporation to its shareholders, revenues and 
                                    -3- 

profits of a private corporation, total dollar purchases by a private customer ofa private corporation, 
pricing to private customers of private corporation and terms of agreement with a third party whose 
disclosure would breach nondisclosure provisions imposed by that third party. 
     ll.    <A  Designating  or  Producing  Party  may  designate  Discovery  Material  as 
“Confidential” or “Highly Confidential,” notwithstanding the fact that the designated materials may 
be in the possession of a different Party or third party. 
     12.    Nothing in this Order prejudices in any way any objection to, or position concerning, 
production of the foregoing. 
     13.    Nothing in this Order shail be construed to provide less protection to Confidential or 
Highly Confidential Discovery Material designated by the Parties or Non-Party  than the Federal 
Rules of Civil Procedure or the Local Civil Rules of the U.S. District Court for the Southern District 
of New York (“Local Civil Rules”). 
     14.    The designation of any Discovery Material as Confidential or Highly Confidential 
shall be made in the manner set forth in the Stipulated Protective Order of June 29, 2022. 
           (a)    The Parties may modify this procedure for any particular deposition through 
apreement in advance with each other and with designating Non-Party Indivior Inc. on the record at 
such deposition or in writing, without further order of the Court; and 
           (b)    In such cases where the marking of each piece of Discovery Material as 
“Confidential” or “Highly Confidential” is impractical or impossible, the Designating Party shall 
designate in writing the Discovery Materials that it regards as containing Confidential or Highly 
Confidential Discovery Material  at the time the Designating Party produces  those Discovery 
Materials. 

                                    _4- 

Ill    ACCESS TO AND USE OF CONFIDENTIAL AND HIGHLY 
     CONFIDENTIAL DISCOVERY MATERIAL 
     15.    Any person subject to this Order who receives from any Producing Party Discovery 
Material that is designated as “Confidential” or “Highly Confidential” shall not disclose such 
Discovery Material, except as expressly permitted herein.  Any violation of the terms of this Order 
shall be punishable by relief the Court deems appropriate. 
     16.    Unless otherwise directed by the Court, Confidential Discovery Material shall not be 
disclosed, summarized, described, characterized, or otherwise communicated or made available, in 
whole or in part, to any person other than the individuals described in the subparagraphs below. Any 
disclosure of Confidential Discovery Material permitted by this paragraph may be made only to the 
following persons and only to the extent reasonably necessary to prosecute and defend this Action: 
           (a)    A Party’s authorized representatives responsible for overseeing its legal affairs 
and any current employee, officer, or director of a Party assisting in the defense or prosecution of, or 
making a determination with respect to, the Action, or, in the case of an individual Party, the Party 
himself or herself; 
           (b)    Counsel retained  specifically for this  Action,  and regular or temporary 
employees of such counsel, including any paralegal, clerical, or other assistant who are engaged in 
assisting counsel in the prosecution or defense of this Action, provided that any disclosure is for use 
in accordance with this Order; 
           {c)    Any person who is identified as an author or recipient (including without 
limitation “bcc” recipients) of such Confidential Discovery Material (whether by the Confidential 
Discovery Material itself or any other Discovery Material, including by testimony), provided that 
such person is notified that such Confidential Discovery Material is subject to this Order and is not 
provided with copies of such Confidential Discovery Material for his or her retention; 
                                    ~5- 

           (d)    Outside  vendors  or  service  providers  (such  as  copy-service  providers, 
document-management consultants, stenographers and videographers) retained in connection with 
the prosecution or defense of this Action; 
           (e)    Any mediator, arbitrator, or other person engaged by the Parties or appointed 
by the Court for the purpose of alternative dispute resolution provided that such person has signed an 
undertaking in the form of Exhibit A attached hereto; 
           (f)     Any witness or deponent (and counsel for the witness or deponent) to the 
extent reasonably necessary in connection with their testimony in this Action or the preparation 
thereof.  All persons identified solely in this subparagraph shall be advised of the contents of this 
Protective Order and shall not be permitted to retain any Confidential Discovery Material, 
           (g)    Any prospective witness to the extent reasonably necessary in connection with 
their testimony in this Action or the preparation thereof, provided that such person and his or her 
counsel has signed an undertaking in the form of Exhibit A attached hereto.  Ali persons identified 
solely in this subparagraph shall not be permitted to retain any Confidential Discovery Material; 
           (h)    Any person (including their professional staff) retained by a Party to serve as 

an expert witness or consultant or otherwise provide specialized advice to counsel in connection with 
this Action, to the extent reasonably necessary for such person to prepare a written opinion, prepare 
to testify, or assist counsel in the prosecution or defense of this Action, provided that any report 
created by such expert or consultant relying on or incorporating Confidential Discovery Material, in 
whole or in part, shall be designated as “Confidential” by the Party responsible for its creation, and 
provided further, that such expert or consultant has signed an undertaking in the form attached as 
Exhibit A hereto;

           (1)     The Court or any appellate court in this Action and its support personnel, 
court reporters, and jurors; 
           (Gj)     Outside or in-house counsel for insurance companies or other indemnitors of 

any Party from which a Party claims coverage or that are providing coverage for claims; and 
           (k)    Any other person upon order of the Court or upon stipulation of the Producing 
Party. 
     17.    Unless otherwise directed by the Court, Highly Confidential Discovery Material shall 
not be disclosed,  summarized,  described,  characterized,  or otherwise communicated or made 
available, in whole or in part, to any person other than the individuals described herein.  Any 
disclosure of Highly Confidential Discovery Material permitted by this paragraph may be made only 
to the following persons and only to the extent reasonably necessary to prosecute and defend this 
Action. 
     18.    (a) Access to any Discovery Material designated as Highly Confidential shall be 
limited to the manner of access and controls and to the individuals described in subparagraphs 
(16)(b)-(16)(k) above. 
           (b)    With respect to individuals who (1) meet the category of subparagraphs 
(16)(f) or (16)(g) above as witnesses or deponents or prospective witnesses or deponents and (2) who 
also are (i) an individual Party to this action, (ii) a current or former employee of Defendant Reckitt 
Benckiser Group or its subsidiaries, affiliates, or parent companies, or (iii) a current or former 
employee of Non-Party Indivior Inc. or its subsidiaries, affiliates, or parent companies, access to 
Highly Confidential Discovery Material shall be limited to such Highly Confidential Discovery 
Material that they authored or received during the course of their employment for Reckitt Benckiser 
Group, Indivior Inc., or their subsidiaries, affiliates, or parent companies, as relevant, to the extent 

                                    _7- 

reasonably necessary for the deposition or testimony or preparation thereof.  They shall be advised 
of the contents of this Supplemental and the June 29, 2022 Stipulated Protective Order, and shall not 
be penmitted to retain any Highly Confidential Discovery Material. 
     19.    When Protected Material is to be referred to, discussed, or disclosed in the course of a 
deposition in this Action, the Party or Non-Party designating Confidential or Highly Confidential 
Material may require the exclusion from the proceedings of any person who is not authorized to have 

access to the Confidential or Highly Confidential Material under the terms of this Protective Order. 
A person otherwise authorized to be present at such a deposition may only be excluded from the 
deposition for the period of time in which such Confidential or Highly Confidential Material is being 
referred to, discussed, or disclosed. 
     20.    Before disclosing any Confidential or Highly Confidential Discovery Material to any 
person referred to in subparagraphs 16(e), (g), (b), and (j) or paragraph 18(b) above, counsel for the 
Party or Non-Party making the disclosure shall provide such person with a copy of this Order, and 
such person shall sign an undertaking in the form attached as Exhibit A hereto stating that such 

person has read this Order and agrees to be bound by its terms. Counsel shall retain each signed 
Exhibit A. 
     21.    Every person or entity given access to Confidential or Highly Confidential Discovery 
Material or information contained therein: 
           (a)    shall not make copies, duplicates, extracts, summaries or descriptions of such 
material, or any portion thereof, except for use in connection with the Action, and each such copy Is 
to be treated in accordance with the provisions of this Order; and 

                                    ~&- 

           (b)    shall be advised by the Party providing such access that the information ts 
being disclosed pursuant and subject to the terms of this Order and may not be disclosed other than 
pursuant to such terms. 
     22.    Any extract, summary, compilation, description, notes, memoranda, analysis, or copy 
containing Confidential or Highly Confidential Discovery Material and any electronic image or 
database containing Confidential or Highly Confidential information shall be subject to the terms of 
this Order to the same extent as the material or information from which it is derived. 
     23.    All Discovery Material (including, but not limited to,  Confidential and Highly 
Confidential Discovery Material) shall be used solely for the prosecution or defense of this Action, 
and shall not be used for any other purpose whatsoever.  Confidential and Highly Confidential 
information shall not be disclosed except in accordance with the terms of this Order. 
     24.    Parties, the attorneys of record for the Parties,  and all other persons receiving 
information governed by this Order shall maintain Discovery Material in a secure manner so as to 
avoid disclosure of its content and take reasonable steps to ensure that Discovery Material is; @) used 
only for the purposes specified herein; and (ii) disclosed only to authorized persons, as described 
herein. Each person who has access to Discovery Material that has been designated as Confidential 
ot Highly  Confidential  shall  take  all reasonable  precautions  to  prevent the unauthorized  or 
inadvertent disclosure or misuse of such material, including by employing reasonable measures, 
consistent with this Order, to control access to, duplication of and distribution of such material. Any 
such person shall exercise, at the very least, the same standard of due and proper care with respect to 
the storage, custody, use or dissemination of such Protected Material as is exercised by the recipient 
with respect to its own proprietary information.  Any such standard shall, at the very least, be 
reasonably calculated to maintain the confidentiality of the Protected Material. 

                                    -9- 

     25.    Nothing contained in this Order, however, shall affect or restrict the rights of any 
Designating Party with respect to its own documents, data or information produced in this Action so 
long as they comply with the original terms of their receipt of Indivior documents, whether by Non- 
Disclosure Agreement or otherwise. Each Party must promptly advise the Producing Party through 
counsel  of any  losses,  or compromises,  of the  confidentiality of the  Confidential  or Highly 
Confidential Discovery Material governed by this Order.  If a Receiving Party learns that, by 
inadvertence or otherwise, it has disclosed Confidential or Highly Confidential Discovery Material 
to any person or in any circumstance not authorized under this Order, the Receiving Party must 
immediately: (i) notify in writing the Producing Party of the unauthorized disclosures; (11) use best 
efforts to retrieve all copies of the Confidential or Highly Confidential Discovery Material; (1i1) 
inform the person(s) to whom unauthorized disclosure was made of all of the terms of this Order; 
and (iv) request that such person(s) either return or destroy the Confidential or Highly Confidential 
Discovery Material inadvertently disclosed to them or, if appropriate under the terms of this Order, 
execute the undertaking attached as Exhibit A hereto. 
     26.    This Order does not apply to any information or material that: (i) was, is or becomes 
public knowledge other than through a breach of this Order; (ii) is acquired or learned by the 
Receiving Party independent of discovery in this Action; or (iii) is required by law to be made 
available to third Parties. 
     27.    Inthe event additional Parties join or are joined in this action, the newly joined Party 
shall not have access to Confidential or Highly Confidential Discovery Material until its counsel has 
executed and, at the request of any Party, filed with the Court, its  agreement to be fully bound by this 
Order. 

                                    -10- 

IV.    FILING CONFIDENTIAL OR HIGHLY CONFIDENTIAL DISCOVERY 
     MATERIAL 
     28.    Notwithstanding any other provision, no document may be filed with the Clerk of 
court under seal without a further Order of this Court addressing the specific documents or portions 
of documents to be sealed. Any application to seal shall be accompanied by an affidavit or affidavits 
and  a memorandum of law,  demonstrating that the  standards  for sealing have been met and 
specifically addressing the applicability of Lugosch v. Pyramid Co. of Onondaga, 

435 F.3d 110, 119-120

 (2d Cir. 2006) and any other controlling authority.  Unless otherwise ordered, a party 
seeking to file an opposing party’s or a Non-Party’s confidential or highly confidential information 
shall so advise the Designating Party fourteen (14) days in advance specifying the precise portion of 
the information the party seeks to use, the general purpose thereof and any redactions to which the 
party does not object.  Within seven (7) days thereafter, the party or Non-Party whose confidential 
information is sought to be used may make an application to seal in accordance with [this Order], 
indicating the portion or portions of the information it secks to have sealed.  Nothing herein is 
intended to alter or modify the applicability of Rule 5.2, Fed. R. Civ. P., to this case. The redactions 
expressly authorized by Rule 5.2 may be made without further application to the Court. 
     29.    Confidential or Highly Confidential Discovery Material may only be filed under seal 
pursuant to a court order authorizing the sealing of the specific Confidential or Highly Confidential 
Discovery Material at issue.  If a request to file Confidential or Highly Confidential Discovery 
Material under seal is denied by the Court, then the Receiving Party may file the information in the 
public record unless otherwise instructed by the Coutt. 
     30.    The date upon which the Confidential or Highly Confidential Discovery Material is 
appended to a letter motion to file under seal shall act as the date the Confidential or Highly 

                                    -11- 

Confidential Discovery Material is filed with the Court, regardless of the date upon which the Court 
issues an order on the motion to file under seal. 
     31.  | Nothing herein shall preclude a Party from filing Discovery Materials that the Party 
itself has designated as Confidential or Highly Confidential Discovery Material in unredacted form 
and without requesting sealing. 
     32.    Sealed records that have been filed may be removed by the Designating Party 
(including  a Non-Party Designating Party):  (i) within ninety (90)  days  after a final  decision 
disposing of the Action is rendered if no appeal is taken; or (ii) if an appeal is taken, within thirty 
(30) days after final disposition of the appeal. 
      USE OF CONFIDENTIAL OR HIGHLY CONFIDENTIAL DISCOVERY 
     MATERIAL IN COURT 
     33.    Unless applicable rules of the Court provide for different notice, if any Receiving 
Party plans to utilize any Confidential or Highly Confidential Discovery Material at a court hearing 
or pretrial conference, that Receiving Party shall use reasonable efforts to inform the Producing 
and/or Designating Party, including Non-Party Indivior, of its intent to use such information in 
advance of the court appearance, without being obligated to identify the particular Confidential or 
Highly Confidential Discovery Material to be used.  Whether or not any such advance notice is 
given, the Receiving Party will provide the Producing Party and/or Designating Party with an 
opportunity to approach the Court in confidence, whether in chambers or sidebar or such other 
method as the Court shall direct, regarding the use of the Confidential or Highly Confidential 
Discovery Material before reference is made to any such Confidential or Highly Confidential 
Discovery Material.  This provision is not intended to prohibit counsel from selecting and using 
Confidential or Highly Confidential Discovery Material for any court hearing or conference. 

                                    -12- 

VI.    CHALLENGING CONFIDENTIALITY DESIGNATIONS 
     34.    A Party or Non-Party may object to the designation of Discovery Material  as 
“Confidential” or “Highly Confidential” at any time (the “Objecting Party”). Failure to do so at the 
time of the designation does not operate as a waiver of any Receiving Party’s right to challenge the 
“Confidential” or “Highly Confidential” designation of any Discovery Material by any Designating 
Party. 
     35.    Inthe event that an Objecting Party wishes to challenge the “Confidential” or “Highly 
Confidential” designation of any Discovery Material, the Objecting Party shall give written notice to 
the Designating Party and all Parties to the Action stating with particularity the grounds of the 
objection or request.  The Objecting Party and the Designating Party shall attempt in good faith to 
resolve all objections by agreement.  If any objections cannot be resolved by agreement within ten 
(10) days from when they were first made, the Objecting Party may submit the issue to the Court at 
any time.  Any Discovery Material that is the subject of such a dispute shall be treated as Highly 
Confidential Discovery Material until the Court’s decision on the issue or until the Objecting Party 
withdraws such objection in writing. 
Vil.   CLAWBACK OF PROTECTED MATERIAL 
     36.    Ifa Producing Party inadvertently discloses to a Receiving Party information that is 
subject to attorney-client privilege,  attorney work product protection, or any other applicable 
privilege or protection (“Protected Information”), such disclosure shall not constitute or be deemed a 
waiver of privilege or work product protection with respect to the Protected Information, the subject 
matter of the Protected Information, or the right to object to the production or disclosure of the 
Protected Information in this action or in any other proceeding.  Federal Rule of Evidence 502 and 
Federal Rule of Civil Procedure 26(b)(5)(B) shall define whether a disclosure operates as a waiver in 
this case. 
                                    ~13- 

     37.     Ifinformation produced in discovery is subject to a claim of attorney-client privilege, 
any other applicable privilege, and/or entitled to work-product protection, the Producing Party shall. 
follow the procedures set forth in the Federal Rule of Civil Procedure 26(b)(5)(B) and Local Civil 
Rule 26.2.  When a Producing Party gives notice to Receiving Parties that certain inadvertently 
produced material is subject to a claim of attorney-client privilege, attorney work product, or other 
applicable privilege, or a Receiving Party believes it may have received inadvertently produced 
material that is subject to such a claim, the obligations of the Receiving Parties are controlled by 
Federal Rules of Evidence 502 and Federal Rules of Civil Procedure 26(b)(5)(B). 
     38.    The return, sequester, or destruction of any Protected Information pursuant to Federal 
Rules of Civil Procedure 26(b)(5)(B) shall not in any way preclude the Receiving Party from moving 
the Court for an Order compelling production of the Protected Information. 
VII.  NON-PARTIES 
     39.    Any Non-Party from whom Discovery Material is or has been sought in this Action 
may obtain the protections of this Order by designating that its provision of Discovery Material is 
subject to the Order. 
     AQ,    To the extent that any Non-Party produces Discovery Material in this Action that 
contains Confidential or Highly Confidential Discovery Material of a Party to this Action, any Party 
may designate such Discovery Material as “Confidential,” or “Highly Confidential” for purposes of 
this Order by delivering written notice of such designation to the Parties within sixty (60) days of 
receipt by counsel for all Parties of the Non-Party’s production of such Discovery Material.  Until 
the expiration of the 60-day period, the Parties shall treat any Discovery Material produced by a 
Non-Party as Confidential or Highly Confidential Discovery Material.  Thereafter, only those 
portions of such Discovery Material designated as “Confidential” or “Highly Confidential” shali be 
deemed Confidential or Highly Confidential Discovery Material. 
                                    -14- 

Ix.    LEGAL PROCESS 
     41.    Ifa Receiving Party is subpoenaed in another proceeding or served with a document 
demand or other similar legal process in another proceeding, and such subpoena or document 
demand seeks Confidential or Highly Confidential Discovery Material that was produced in this 
Action by a Designating Party other than the Receiving Party, the Receiving Party shall, unless 
otherwise required or prohibited by law, give written notice as promptly as reasonably practicable 
before the return date for such subpoena or document demand, to counsel for the Designating Party, 
and include with the notice a copy of the subpoena or request.  The Designating Party shall bear all 
responsibility for its objection to the production of such Confidential  or Highly Confidential 
Discovery Material, and the Receiving Party shall not voluntarily make any production of the 
Confidential or Highly Confidential Discovery Material until resolution of any objections interposed 
by the Designating Party, unless compelled or otherwise required by law. The Receiving Party shall 
make a good-faith effort to provide the Designating Party a reasonable period of time in which to 
seek to quash the subpoena or document demand, or to move for any protection for the Discovery 
Material, before the Receiving Party takes any action to comply with the subpoena or document 
demand and shall request, by designation pursuant to a protective order or otherwise, the highest 
level of confidentiality protection available consistent with the designation of that Discovery 
Material pursuant to this Order.  Nothing in this Order shall be construed as authorizing a Party to 
disobey any law or court order requiring production of materials designated as Confidential or 
Highly Confidential Discovery Material in this Action. 
Xx.     FINAL DISPOSITION 
     42.    Within sixty (60) days after receiving notice of entry of an order, judgment or decree 
finally ending the Action, including, without limitation, any appeals therefrom, or the running of 
time to take such an appeal, if later, all persons having received Confidential or Highly Confidential 
                                    -15- 

Discovery Material shall make commercially reasonable efforts to identify and destroy all such 
Confidential or Highly Confidential Discovery Material, including all copies thereof and information 
derived therefrom, or return such materials to counsel for the Producing Party. In either event, on or 
before the sixty-day deadline, the Receiving Party shall certify its return or destruction of all 
Confidential or Highly Confidential Discovery Material by submitting a written certification to the 
Producing Party that affirms, to the best of the Receiving Party’s knowledge after undertaking 
commercially reasonable  efforts,  that it has not retained any copies,  abstracts,  compilations, 
summaries,  or  other  forms  of reproducing  or  capturing  any  of the  Confidential  or  Highly 
Confidential Discovery Material. 
     43.    Notwithstanding the foregoing provision, counsel are entitled to retain archival copies 
of all pleadings, motion papers, transcripts, legal memoranda, e-mail and other correspondence or 
attorney work-product, even if such materials contain Confidential or Highly Confidential Discovery 
Material under this Order.  Any such archival copies that contain or constitute Confidential or 
Highly Confidential Discovery Material remain subject to this Order. 
     44.    This Court shall retain jurisdiction over all persons subject to this Order to the extent 
necessary to enforce any obligations arising hereunder or ta impose sanctions for any contempt 
thereof. 
XE    MISCELLANEOUS 
     45.    Entering into or agreeing to this Order, producing or receiving Confidential or Highly 
Confidential Discovery Material or otherwise complying with the terms of this Order, shall not: 
           (a)    operate as an admission by the Receiving Party that any particular Discovery 
Material  designated  as  “Confidential”  or  “Highly  Confidential”  by  the  Producing  Party  is 
appropriately designated as such; 

                                    -16- 

           (b)    prevent  any Party or Non-Party from  seeking further,  greater or lesser 
protection with respect to the use of any Confidential or Highly Confidential Discovery Material, in 
connection with this Action or any other proceeding; 
           (c)    prejudice in any way the rights of any Party to object to the production of 
documents or information it considers not subject to discovery or to object to the authenticity or 
admissibility into evidence of any document, testimony or other evidence subject to this Order; 
           (d)    waive any applicable privilege, protection or immunity; 
           (e)    waive a Party’s right to move the Court for an order allowing disclosure of 
Confidential or Highly Confidential Discovery Material for good cause, 
           (f)     prejudice in any way the rights of a Party to petition the Court for a further 
protective order relating to any purported Confidential or Highly Confidential Discovery Material; 
           (g}    prevent  the  Parties  from  agreeing  to  alter  or  waive  the  provisions  or 
protections provided for herein with respect to any particular Discovery Material; 
           (h)    bar the use or disclosure at trial of any information designated as Confidential 

or Highly Confidential Discovery Material; or 
           {1}     affect, or be construed to affect, in any way the admissibility of any document, 
interrogatory response or other evidence at hearings or trial of the Action. 
     46.     Itis the present intention of the Parties that the provisions of this Order shall govern 
discovery in the Action.  Nonetheless, the Parties hereto may modify the terms of the Order by 
agreement of all Parties in writing, and approval by the Court. 
     47.    The terms of this Order shail survive any settlement, discontinuance, dismissal, 
judgment or other disposition of the Action. 

                                    -17- 

     48.    Any violation of the terms of this Order shall be punishable by relief deemed 
appropriate by the Court. 
     49,    The Parties agree to meet and confer concerning any dispute between the Parties 
regarding this Order before seeking assistance from the Court.  If the Parties are unable to resolve 
the dispute, any Party may make an appropriate application to the Court for relief. 
     50.    This  Order  may be  executed  in  any number of actual,  telecopied  or  emailed 
counterparts, and by each of the different parties thereto on several counterparts, each of which when 
executed and delivered shall be an original.  The executed signature page(s) from each actual, 
telecopied or emailed counterpart may be joined together and attached to one such original and shall 
constitute one and the same instrument. 
     This Order shall become effective as a stipulation among the Parties immediately upon its 
execution, even if not yet entered by the Court. 
Dated:  September 16, 2022                   Dated:  September 16, 2022 
          /s/ Timothy Perla                           /s/ Alan I. Ellman 
         TIMOTHY PERLA                         ALAN I. ELLMAN 
WILMER CUTLER PICKERING              ROBBINS GELLER RUDMAN 
HALE & DORR LLP                        & DOWD LLP 
TIMOTHY J. PERLA                       SAMUEL H. RUDMAN 
60 State Street                             MARIO ALBA JR. 
Boston, MA 02109                          ALAN I, ELLMAN 
Telephone: 617/526-6000                     CHRISTOPHER T. GILROY 
617/526-5000 (fax)                          58 South Service Road, Suite 200 
timothy.perla@wilmerhale.com                Melville, NY 11747 
                                        Telephone:  631/367-7100 
JESSICA L. LEWIS                         631/367-1173 (fax) 
1 Front Street, Suite 3500                     srudman@rerdlaw.com 
San Francisco, CA 94111                     malba@rgrdlaw.com 
Telephone:  628/235-1002                    aellman@rgrdlaw.com 
628/235-1001 (fax)                          cgilroy@rerdlaw.com 
jessica. lewis@wilmerhale.com 
                                        Lead Counsel for Lead Plaintiff and the Class 
MICHAEL G. BONGIORNO 
7 World Trade Center                       VANOVERBEKE, MICHAUD & 
                                    -18- 

250 Greenwich Street                         TIMMONY, P.C. 
New York, New York 10007                  THOMAS C. MICHAUD 
Telephone: 212/230-8800                    79 Alfred Street 
212/230-8888 (fax)                          Detroit, MI 48201 
michael. □□□□□□□□□□□□□□□□□□□□□□□           Telephone: 313/578-1200 
                                       313/578-1201 (fax) 
Counsel for Defendants Reckitt Benckiser        tmichaud@vmtlaw.com 
Group PLC and Rakesh Kapoor 
                                       Attorneys for Plaintiffs 
          /s/ Paul A. Straus 
         PAUL A. STRAUS 
KING & SPALDING LLP 
ISRAEL DAHAN 
RICHARD T. MAROONEY 
PAUL A. STRAUS 
1185 Avenue of the Americas 
New York, NY 10036 
Telephone: 212/556-2100 
212/556-2222 (fax) 
idahan@kslaw.com 
rmarooney@kslaw.com 
pstraus@kslaw.com 
Counsel for Defendant Shaun Thaxter 

                               *      *      * 
                                 ORDER                                 
                                                       oe              / 
     IT IS SO ORDERED.                       ee AG a af! 
          “ns    FG            ¢  De °    ee   Oe eo   □□ a ee / 
DATED:    eae th     b,    2°         YL ff  A 
                                   THE  HONORABLE    KEVIN CASTEL 
                                   UNITED STATES DISTRICT JUDGE 

                                   -{9- 

UNITED STATES DISTRICT COURT 
SOUTHERN DISTRICT OF NEW YORK 
                  XX 
CITY OF STERLING HEIGHTS POLICE &   :   Civil Action No. 1:20-cv-10041-PKC   □ 
FIRE RETIREMENT SYSTEM, Individually: 
and on Behalf of All Others Similarly Situated, :   CLASS  ACTION 
                       Plaintiff,        .   NON-DISCLOSURE AGREEMENT 
                                     .   (EXHIBIT A TO SUPPLEMENTAL THIRD- 
     VS.                               .   PARTY STIPULATED PROTECTIVE 
                                     -   ORDER RESTRICTING DISCLOSURE OF 
RECKITT BENCKISER GROUP PLC,           INDIVIOR CONFIDENTIAL 
RAKESH KAPOOR, and SHAUN              INFORMATION) 
THAXTER, 
                       Defendants. 
nine  ee                       x. 
                                EXHIBIT A 
     I,                                        ,  acknowledge  that  I  have  read  and 
understand the terms of the Protective Order entered in this Action governing the protection of 
Confidential or Highly Confidential Discovery Material. [agree that I will not disclose Confidential 
or Highly Confidential Discovery Material to anyone other than for purposes of this Action and as 
expressly permitted under the terms of the Protective Order. I further agree that, upon the request of 
the Producing Party, within 30 days of the conclusion of the Action, I will return all Confidential or 
Highly Confidential Discovery Material in my custody, possession, or control to the Producing Party 
or attorney from whom I received it or certify m writing that said information has been destroyed. 
By acknowledging these obligations, I understand that 1 am submitting myself to the jurisdiction of 
the United States District Court for the Southern District of New York for the purpose of any issue 
or dispute arisimg under the Protective Order and that my willful violation of any term thereunder 
could subject me to punishment for contempt of Court. 
Date:                          Signature: 
                             Printed name: 
                                   - 20 -