AGREED STIPULATION AND [PROPOSED] ORDER CONCERNING PIRNIK PLAINTIFFS

EDWARD M. CHEN, District Judge.

WHEREAS, in an attempt to facilitate the reasonable coordination of depositions with the plaintiffs in Pirnik et al. v. Fiat Chrysler Automobiles, N. V. et al., No. 15 Civ. 7199 (S.D.N.Y.) (Furman, J.) (see Order at Pirnik ECF No. 200), who have brought emissions-related and other claims against Fiat Chrysler Automobiles N.V., FCA US LLC and others, the Parties to this multidistrict litigation ("MDL") have met and conferred and agree that counsel for the Pirnik Plaintiffs may attend certain depositions of the FCA Defendants noticed in this MDL and as agreed upon by the MDL Parties;

WHEREAS, the Parties enter this Stipulation and [Proposed] Order to ensure the protection of any Protected Material, as defined in the Stipulated Protective Order known as Pretrial Order 10 ("Protective Order"; ECF No. 212), that is used in or disclosed during any such depositions, and to also ensure that the Parties to this MDL may use Protected Material at any such depositions;

WHEREAS, nothing in this Stipulation itself entitles the Pirnik Plaintiffs to attend depositions in this MDL or to receive or obtain Protected Material except such Protected Material as may be used or disclosed at any such MDL depositions that the Pirnik Plaintiffs may attend; and

WHEREAS, the Pirnik Plaintiffs have signed Exhibit A of the Protective Order and agree to treat any such Protected Material in accordance with the terms of the Protective Order.

NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED, by and among the Parties, and subject to the approval of the Court:

1. Notwithstanding anything to the contrary in the Protective Order, the Parties to this MDL may use Protected Material at depositions attended by counsel for the Pirnik Plaintiffs without requiring that counsel for the Pirnik Plaintiffs be excused.

2. For the limited purposes of facilitating the attendance of counsel for the Pirnik Plaintiffs at certain MDL depositions, counsel for the Pirnik Plaintiffs shall be considered persons to whom the MDL Parties may disclose Protected Material under Sections 7.2.1 and 7.3 of the Protective Order (and Pirnik shall be treated as an "Action" under Section 2.1 of the Protective Order) during their attendance at such a deposition, and shall be bound by the terms of the Protective Order for all Protected Material used or disclosed at the MDL depositions they attend.

3. Counsel for the Pirnik Plaintiffs shall be bound by the terms of Section I (Protection of Privileges) of the Stipulated Non-Waiver of Privileges Order, known as Pretrial Order 13 (ECF No. 246), for all Protected Material used or disclosed at the MDL depositions they attend.

4. A Receiving Party, as defined in the Protective Order, shall not disclose Protected Material to counsel for the Pirnik Plaintiffs except such material as may be required to be used for the examination of a deponent during a deposition in which it is agreed or ordered that counsel for the Pirnik Plaintiffs may attend. Counsel for the Pirnik Plaintiffs shall not rely on this Order as the basis to argue in any court their entitlement to obtain or to use Protected Material other than Protected Material that is shared with counsel for the Pirnik Plaintiffs in accordance with this Paragraph. Counsel for the Pirnik Plaintiffs also shall not rely on this Order as the basis to argue that they are entitled to attend depositions noticed in this MDL without the agreement of the Parties to the MDL or a court order.

SO STIPULATED.

[PROPOSED] ORDER CONCERNING PIRNIK PLAINTIFFS

Based on the foregoing Stipulation, the Court GRANTS the Parties' Agreed Stipulation Concerning Pirnik Plaintiffs.

IT IS SO ORDERED.

ATTESTATION (CIVIL LOCAL RULE 5-1(i)(3))

In accordance with Civil Local Rule 5-1(i)(3), I attest the concurrence in the filing of this document has been obtained from the signatories.