Scott v. City of New York et al
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)
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
CITY OF NEW YORK, et al.,
\ryHBREAS, defendants intend to produce ceftain documents pursuant to Rule 26
Procedure that they deem
to be confidential or
inappropriate for public disclosure; and
produce these documents only
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,
and between counsel for plaintiffs and defendants, as follows:
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
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
Plaintiffs' attorney shall not use the Confidential Materials for
purpose other than for the preparation or presentation of plaintiffs' case in this action.
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:
Disclosure may be made only
to the preparation or
presentation of plaintiffs' case in this action.
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
litigation or preparation for this action. to
witness at deposition, or to the Court.
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
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.
Deposition testimony concerning any Confidential Materials that reveals
the contents of such materials shall be deemed confidential, and the transcript of such testimony,
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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
Confìdential Materials within the meaning of this Stipulation and Protective Order.
The parties agree that,
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
filing under seal, the filing shall
be delivered to the Court enclosed
in a sealed
envelope bearing the caption of this action, an indication of the nature of the contents, and the
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.
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
derived therefrom, shall be returned
consent" destroyed. and
all persons who
attorneys or, upon their
possessed such materials shall
verify their return or
destruction by affidavit furnished to defendants' attorneys.
This stipulation shall be binding upon the parties immediately
signature, and shall be submitted to the Court for entry as an Order
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Nothing in this Stipulation and Protective Order shall be construed to limit
def'endants' use of the Contidential Materials in any manner.
Plaintiffs' counsel shall keep confidential for "attorney's-eyes-only"
address. telephone number. social security number, date
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
MICHAEL A. CARDOZO
Michael J. Redenburg, Esq.
Attorney tbr Plaintiff
Corporation Counsel of the City
Attorney for Defendants
150 Broadway, Suite 808
100 Church Street
(2 r 2) 788-08ee
Elissa B. Jacobs
HONORABI-E MARII.,YN D. GO
UNITED STATES MAG¡STRATE JUDGE
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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
2013 in the action entitled Maceo Scott" et al. v.
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.
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