Rizk et al v. City of New York et al
Filing
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PROTECTIVE ORDER: the parties' proposed protective order is "so ordered," except as modified herein. Ordered by Magistrate Judge Marilyn D. Go on 7/15/2015. (Attachments: # 1 Appendix) (Proujansky, Josh)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
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JACQUELINE RIZK AND SAMIR GONSALVES,
Plaintiff,
ORDER
- against CV 2014-6434 (RRM)(MDG)
CITY OF NEW YORK, et al.,
Defendants.
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The parties have moved for a proposed protective order of
confidentiality to protect certain information that may be
produced in discovery and submitted a proposed stipulated
protective order (the "Proposed Protective Order").
23.
See ct. doc.
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:
1.
The Proposed Protective Order, to which the parties have
stipulated and which is annexed hereto as Exhibit 1, is approved
and incorporated herein, except as modified below.
2.
Notwithstanding the agreement among the parties, no
party may designate as "Confidential Materials" documents that
are not entitled to confidential treatment under applicable legal
principles.
"Confidential Material" may also include 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 regulations.
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.
3.
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 Materials 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
redacted.
If the parties intend to file documents that include
Confidential Materials in connection with a motion, they must, if
possible, propose a schedule for briefing of a motion which
includes a short delay in filing submissions so the parties will
have time to confer on minimizing the volume of documents that a
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party will seek to file under seal or to avoid having to file a
motion to seal.
4.
If the information that is confidential is relevant to
the filing, the document containing such information may be filed
under seal, with the following limitations:
a.
If the document containing Confidential Materials
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 Materials redacted.
b.
If the Confidential Materials constitute a small
portion of a document, the parties must publicly file the
document with the Confidential Materials redacted.
5.
The parties are advised that if they seek to seal
documents 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.
6.
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
1
The Clerk's instructions for electronically filing sealed
documents are available on the Court's website at:
(continued...)
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seal a document must first file a Motion for Leave to e-file a
sealed document, with the proposed sealed documents attached to
the motion.
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.
If leave to file under seal is granted
and if the document contains relevant information that is not
confidential, the filing party will be required to file publicly
a copy of the sealed document with the confidential information
redacted.
7.
The parties should make best efforts to file sealed
documents electronically.
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
describe the document to be sealed and identify the document
number on the docket sheet that corresponds to such sealed
document.
Each envelope submitted for sealing may contain only
one document or portions of one filing (such as multiple exhibits
annexed to a document filed).
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(...continued)
https://www.nyed.uscourts.gov/sites/default/files/forms/EfilingSe
aledCV.pdf.
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8.
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
are confidential.
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.
SO ORDERED.
Dated:
Brooklyn, New York
July 15, 2015
/s/___________________________
MARILYN D. GO
UNITED STATES MAGISTRATE JUDGE
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