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Court filing · Nov. 29, 2018

SDNY protective order governing confidential discovery, Nov. 2018

A Southern District of New York protective order restricting disclosure of confidential discovery materials in the case, signed by an official.Machine-written summary

EFTA01263279

Case 1:17-cv-00616-JGK-SN Document 177 Filed 11/

USDC SDNY

DOCUMENT

ELECTRONICALLY FILED

DOC #: ___

DATE FILED: 11/29/2018

United States District Court Southern District Of New York

No. 17 Civ. 0616 (JGK)

PROTECTIVE ORDER

Upon a showing of good cause in support of the entry of a protective order to protect the discovery and dissemination of confidential information in this case, IT IS ORDERED:

  1. This Protective Order shall apply to all documents, materials, and information, including without limitation, documents produced, answers to interrogatories, responses to requests for admission, deposition testimony, and other information disclosed pursuant to the disclosure or discovery duties created by the Federal Rules of Civil Procedure.

  2. As used in this Protective Order, “document” is defined as provided in FED.R.CIV.P. 34(a). A draft or non-identical copy is a separate document within the meaning of this term.

1

CONFIDENTIAL

SDNY_GM_00000911

EFTA_00114995

EFTA01263280

Case 1:17-cv-00616-JGK-SN Document 177 Filed 11/29/18 Page 2 of 6

  1. Information designated “CONFIDENTIAL” shall be information whose public release would violate common law and statutory privacy interests, including information reflecting medical or psychological conditions, medical or psychological treatment, prescriptions for controlled substances, non-public personal financial information, sexual activity or sexual contact, education records, email addresses, telephone numbers, home addresses, social security numbers and similarly personally identifying information for parties and third-party witnesses, any information subject to N.Y. Civil Rights Law § 50 or 51, or any other information deemed private by a Court of competent jurisdiction to include the tort of publication of private facts.

  2. CONFIDENTIAL information shall not be disclosed or used for any purpose except the preparation and trial of this case.

  3. CONFIDENTIAL documents, materials, and/or information (collectively “CONFIDENTIAL INFORMATION”) shall not, without the consent of the party producing it or further Order of the Court, be disclosed except that such information may be disclosed to:

a. attorneys actively working on this case;

b. persons regularly employed or associated with the attorneys actively working on this case whose assistance is required by said attorneys in the preparation for trial, at trial, or at other proceedings in this case;

c. the parties;

2

CONFIDENTIAL

SDNY_GM_00000912

EFTA_00114996

EFTA01263281

Case 1:17-cv-00616-JGK-SN Document 177 Filed 11/29/18 Page 3 of 6

d. expert witnesses and consultants retained in connection with this proceeding, to the extent such disclosure is necessary for preparation, trial or other proceedings in this case;

e. the Court and its employees (“Court Personnel”) in this case;

f. stenographic reporters who are engaged in proceedings necessarily incident to the conduct of this action;

g. deponents, witnesses, or potential witnesses; and

h. other persons by written agreement of the parties.

  1. Prior to disclosing any CONFIDENTIAL INFORMATION to any person listed above (other than counsel, persons employed by counsel, Court Personnel and stenographic reporters), counsel shall provide such person with a copy of this Protective Order and obtain from such person a written acknowledgment stating that he or she has read this Protective Order and agrees to be bound by its provisions. All such acknowledgments shall be retained by counsel and shall be subject to in camera review by the Court if good cause for review is demonstrated by opposing counsel.

  2. Documents are designated as CONFIDENTIAL by placing or affixing on them (in a manner that will not interfere with their legibility) the following or other appropriate notice: “CONFIDENTIAL.” Discovery material designated CONFIDENTIAL shall be identified by Bates number. To the extent practical, the respective legend shall be placed near the Bates number.

3

CONFIDENTIAL

SDNY_GM_00000913

EFTA_00114997

EFTA01263282

Case 1:17-cv-00616-JGK-SN Document 177 Filed 11/29/18 Page 4 of 6

  1. Only the person producing the CONFIDENTIAL INFORMATION or a person who has a right to have such producing party keep their information confidential, may designate it as “CONFIDENTIAL.” Designation of a document as CONFIDENTIAL INFORMATION shall constitute a representation that such document has been reviewed by an unrepresented person or an attorney for the designating party, that there is a valid and good faith basis for such designation, made at the time of disclosure or production to the receiving party, and that disclosure of such information to persons other than those permitted access to such material would cause a privacy harm to the designating party.

  2. Whenever a deposition involves the disclosure of CONFIDENTIAL INFORMATION, the deposition or portions thereof shall be designated as CONFIDENTIAL and shall be subject to the provisions of this Protective Order. Such designation shall be made on the record during the deposition whenever possible, but a party may designate portions of depositions as CONFIDENTIAL after transcription, provided written notice of the designation is promptly given to all counsel of record within thirty (30) days after notice by the court reporter of the completion of the transcript, and until the expiration of such thirty (30) days after notice by the court reporter of the completion of the transcript, no party or counsel for any such party may share the contents of the deposition outside the limitations of this Protective Order.

4

CONFIDENTIAL

SDNY_GM_00000914

EFTA_00114998

EFTA01263283

Case 1:17-cv-00616-JGK-SN Document 177 Filed 11/29/18 Page 5 of 6

  1. Whenever a party seeks to file any document or material containing CONFIDENTIAL INFORMATION with the Court in this matter, it shall be accompanied by a Motion to Seal pursuant to Section 6.2 of the Electronic Case Filing Rules & Instructions for the Southern District of New York.

  2. A party may object to the designation of particular CONFIDENTIAL INFORMATION by giving written notice to the party designating the disputed information. The written notice shall identify the information to which the objection is made. If the parties cannot resolve the objection within ten (10) business days after the time the notice is received, it shall be the obligation of the party designating the information as CONFIDENTIAL to file an appropriate motion requesting that the Court determine whether the disputed information should be subject to the terms of this Protective Order. If such a motion is timely filed, the disputed information shall be treated as CONFIDENTIAL under the terms of this Protective Order until the Court rules on the motion. If the designating party fails to file such a motion within the prescribed time, the disputed information shall lose its designation as CONFIDENTIAL and shall not thereafter be treated as CONFIDENTIAL in accordance with this Protective Order. In connection with a motion filed under this provision, the party designating the information as CONFIDENTIAL shall bear the burden of establishing that good cause exists for the disputed information to be treated as CONFIDENTIAL.

5

CONFIDENTIAL

SDNY_GM_00000915

EFTA_00114999

EFTA01263284

Case 1:17-cv-00616-JGK-SN Document 177 Filed 11/29/18 Page 6 of 6

  1. At the conclusion of this case, unless other arrangements are agreed upon, each document and all hard copies thereof which have been designated as CONFIDENTIAL shall be returned to the party that designated it CONFIDENTIAL, or the parties may elect to destroy CONFIDENTIAL hard-copy documents or electronic files. Where the parties agree to destroy CONFIDENTIAL hard copy documents and electronic files, the destroying party shall provide all parties with an affidavit confirming the destruction. As to all electronic non-file copies such as emails, the party in receipt of the CONFIDENTIAL document will submit an affidavit attesting that they will hold as CONFIDENTIAL all such electronic non-file copies and will not distribute the electronic copies absent an Order of a Court of competent jurisdiction. For purposes of this Protective Order, an Order of the Court does not include a subpoena.

  2. In the event that any party who has maintained possession of electronic copies of information designated CONFIDENTIAL by another person receives a subpoena for the affected materials, the party-in-possession shall respond that the materials are not disclosable absent an Order of the Court.

  3. This Protective Order shall have no force and effect on the use of any CONFIDENTIAL INFORMATION at trial in this matter.

  4. This Protective Order may be modified by the Court at any time for good cause shown following notice to all parties and an opportunity for them to be heard.

so ordered.

11/24/2018

Sarah Welburn, using

CONFIDENTIAL

SDNY_GM_00000916

EFTA_00115000

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These documents were released together, in one file.

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