Jerome v. City of New York et al
PROTECTIVE ORDER. The Protective Order agreed to by the parties, which is annexed hereto as Exhibit 1, is approved and incorporated herein, except as modified as follows. See attached. Ordered by Magistrate Judge Marilyn D. Go on 3/30/2012. (Exhibit: # 1 Stipulation) (Albertsen, Joanne)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
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- against CV 2011 4761 (ARR)(MDG)
CITY OF NEW YORK, et al.,
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The parties have agreed to a proposed protective order of
confidentiality to protect certain information that may be
produced in discovery.
30, 2012 (ct. doc. 11).
See Stip for Protective Order filed March
This Court finds, given the nature of
the claims asserted herein, that certain documents produced in
discovery may contain confidential private information for which
special protection from public disclosure and from use for any
purpose other than litigating this action would be warranted.
Accordingly, this Court orders as follows:
The Protective Order agreed to by the parties, which is
annexed hereto as Exhibit 1, is approved and incorporated herein,
except as modified as follows.
Absent approval of the Court, no party may designate as
confidential materials that are not entitled to treatment under
applicable legal principles, such as personnel and disciplinary
records; private personal, medical or financial information;
information required by law to be maintained in confidence by any
person; and information protected from disclosure by government
In addition, this Order protects all copies,
abstracts, charts, summaries, and notes made from material
properly designated as Confidential.
Nothing in this Order shall
be construed as conferring blanket protection on all disclosures
or responses to discovery or as constituting a determination of
the relevance or admissibility of any discovery materials.
The parties must use best efforts to minimize the number
and extent of documents filed under seal.
Prior to seeking leave
to file a document containing Confidential Material under seal, a
party must determine whether the material that gives rise to a
"Confidential" designation is relevant and necessary to the
filing and whether redaction of the confidential information may
eliminate the need for sealing the document.
If the information
that is confidential is not relevant to the filing and there is
no need to seal the remainder of the document, the document
should be filed unsealed, with the confidential information
If the information that is confidential is relevant to
the filing, the document containing information may be filed
However, if the document containing Confidential
Material is a document prepared or caused to be prepared by a
party for this litigation, such as an affidavit, memorandum of
law or deposition transcript, the parties must publicly file the
document with the Confidential Material redacted.
It should be
noted that if the parties seek to seal documents relating to
matters outside the scope of discovery, such as dispositive
motions or trial materials, the Court may revisit this protective
order in order to tailor more narrowly the appropriate scope of
sealing and redacting of information in order to protect the
right of the public to inspect judicial documents under both the
First Amendment and under common law.
The parties must comply with procedures of the Clerk's
Office and this Court's Chambers Rules as to documents to be
filed under seal.1
This process requires that a party seeking to
seal a document must first file a Motion for Leave to e-file a
sealed document, with the proposed sealed documents attached to
The ECF system will notify the party when the motion
is granted and provide instructions for filing the sealed
document, using both the appropriate event for the motion and the
sealed document event.
The parties should make best efforts to file sealed
If a party has to file a hard copy,
any such submission must be accompanied by a cover sheet in
accordance with the form "Notice Regarding the filing of Exhibits
in Paper Form," in the CM/ECF User's Guide.
be filed electronically.
The Notice must also
Any sealing envelope should clearly
The Clerk's instructions for electronically filing sealed
documents are available on the Court's website at:
describe the document to be sealed and identify the document
number on the docket sheet that corresponds to such sealed
Each envelope submitted for sealing may contain only
one document or portions of one filing (such as multiple exhibits
annexed to a document filed).
A party submitting a document under seal or filing a
document with redacted information must provide the District
Judge and/or Magistrate Judge to be handling the application or
motion at issue with a complete and un-redacted copy of the
submission that is marked to indicate that the document is filed
under seal, if applicable, and what portions of the submission
The first page of the document must clearly
indicate that the document or portions thereof are filed under
seal or with redactions and the assigned ECF document number.
Brooklyn, New York
March 30, 2012
MARILYN DOLAN GO
UNITED STATES MAGISTRATE JUDGE
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