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)

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-