Scott v. City of New York et al

Filing 23

PROTECTIVE ORDER: The attached proposed protected order submitted by stipulation 21 by the parties is approved, as modified. Ordered by Magistrate Judge Marilyn D. Go on 5/31/2013. (Attachments: # 1 Proposed Order) (Go, Marilyn)

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Case 1:12-cv-05301-CBA-MDG Document 21-1 Filed 05/13/13 Page 1 of 5 PageID #: 69 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK ---------- x MACEO SCOTT, Plaintiffs, CONF'IDENTIALITY STIPULATION AND PROPOSED PROTECTIVE ORDER -against- CITY OF NEW YORK, et al., l2 Civ.530l-CBA-MDG Defendants. X \ryHBREAS, defendants intend to produce ceftain documents pursuant to Rule 26 of the Federal Rules of Civil Procedure that they deem to be confidential or otherwise inappropriate for public disclosure; and WHEREAS, defendants will produce these documents only if appropriate protection for their confidentiality is assured; and WHEREAS, good cause exists for the entry of an order pursuant to Rule 26(c) of the Federal Rules of Civil Procedure; NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED, bY and between counsel for plaintiffs and defendants, as follows: l. As used herein, "Confidential Materials" shall mean New York City Police Department ("NYPD") personnel and disciplinary related records, and records of investigations regarding the conduct of employees of the NYPD conducted by the NYPD, or any other agency, and other documents that may, during the pendency of this litigation, be designated "Confidential Materials" by defendants or the Court, except that such documents and information shall not be deemed "Confidential Materials" to the extent, and only to the extent, Case 1:12-cv-05301-CBA-MDG Document 21-1 Filed 05/13/13 Page 2 of 5 PageID #: 70 that they are (a) obtained by plaintiffs lrom sources other than defendants, or (b) are otherwise publicly available. 2- Plaintiffs' attorney shall not use the Confidential Materials for any purpose other than for the preparation or presentation of plaintiffs' case in this action. 3. Plaintiffs' attorney shall not disclose the Confidential Materials to any person not a member of the staff of their law office, except under the following conditions: a. Disclosure may be made only if necessary to the preparation or presentation of plaintiffs' case in this action. b. Disclosure before trial may be made only to plaintiffs, to an expert who has been retained or specially employed by plaintiffs' attorney in this action in anticipation of litigation or preparation for this action. to a witness at deposition, or to the Court. c. Betbre any disclosure is made to a person listed in subparagraph (b) above (other than to the Court), plaintiffs' attorney shall provide each such person with a copy of this Stipulation and Protective Order, and such person shall consent in writing, in the form annexed hereto as Exhibit A, not to use the Confidential Materials for any purpose other than in connection with the prosecution of this case and not to further disclose the Confidential Materials except in testimony taken in this case. The signed consent shall be retained by plaintifl's'attorney and a copy shall be furnished to defendants' attorneys upon their request. 4. Deposition testimony concerning any Confidential Materials that reveals the contents of such materials shall be deemed confidential, and the transcript of such testimony, a Case 1:12-cv-05301-CBA-MDG Document 21-1 Filed 05/13/13 Page 3 of 5 PageID #: 71 together with any exhibits referred to therein, shall be separately bound, with a cover page prominently marked "CONFIDENTIAL.' Such portion of the transcript shall be deemed to be Confìdential Materials within the meaning of this Stipulation and Protective Order. 5. if The parties agree that, any papers that ¡ncorporate Confidential Materials or reveal the contents thereof, are to be filed with the Court, the parties shall make joint application to the Court for permission to file those papers under seal. If the Court permission for filing under seal, the filing shall be delivered to the Court enclosed a grants in a sealed envelope bearing the caption of this action, an indication of the nature of the contents, and the following legend: CONFIDENTIAL This envelope contains documents or information designated confidential pursuant to an order entered by the United States District Court t'or the Eastern District of New York in the above-captioned action. This envelope shall not be opened or unsealed without the express direction of a judge of this Court, and its contents shall not be displayed or revealed except as the Court may order. This envelope and its contents shall at all times be maintained separate and apart from the publicly available files of this case. 6. Within 30 days after the termination of this case, including any appeals, the Confidential Materials, including all copies, notes, and other materials containing or referring to information derived therefrom, shall be returned consent" destroyed. and all persons who to defendants' attorneys or, upon their possessed such materials shall verify their return or destruction by affidavit furnished to defendants' attorneys. 7. This stipulation shall be binding upon the parties immediately signature, and shall be submitted to the Court for entry as an Order -3- upon Case 1:12-cv-05301-CBA-MDG Document 21-1 Filed 05/13/13 Page 4 of 5 PageID #: 72 8. Nothing in this Stipulation and Protective Order shall be construed to limit def'endants' use of the Contidential Materials in any manner. 9. Plaintiffs' counsel shall keep confidential for "attorney's-eyes-only" address. telephone number. social security number, date the of birth, and other personal information regarding witnesses identified by the production of documents or otherwise identified in the course of this litigation. Such information shall be used only by the attorney or his law firm or agents for the purpose of communication with witnesses or the service of subpoenas, and shall not be disclosed to plaintiffs.'their family members. or other persons, and such information shall not be included in documents that are publicly filed with the CouÍ. Dated: New York. New York r\ 20t3 MICHAEL A. CARDOZO Michael J. Redenburg, Esq. Attorney tbr Plaintiff Corporation Counsel of the City New York Attorney for Defendants 150 Broadway, Suite 808 New York. NY 10038 100 Church Street NY 10007 (2 r 2) 788-08ee New York. By hael J, rg f.¡o,l By: Elissa B. Jacobs J SO ORDERED: HONORABI-E MARII.,YN D. GO UNITED STATES MAG¡STRATE JUDGE 4 / of Case 1:12-cv-05301-CBA-MDG Document 21-1 Filed 05/13/13 Page 5 of 5 PageID #: 73 EXHIBIT A The undersigned hereby acknowledges that (s)he has read the Confidentiality Stipulation and Order entered in the United States District Court for the Southern District of New York dated 2013 in the action entitled Maceo Scott" et al. v. Citlof New york. et. al., 12Civ,530l-CBA-MDC and understands the terms thereof. The undersigned agrees nor to use the Confidential Materials defined therein fbr any purpose other than in connection with the prosecution of this case, and will not fuÉher disclose the Confidential Materials except in testimony taken in this case. Date Signature Print Name Occupation -5-

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