Rizk et al v. City of New York et al

Filing 24

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 NEV/ YORK
-----------------x
JACQUELINE RIZK AND SAMIR GONSALVES,

STIPULATION AND
ORDER OF
CONF'IDENTIALITY

Plaintiffs,
-against-

t

-cY-6434 (RRMXMDG)

CITY OF NEW YORK, NEW YORK CITY POLICE
DEPARTMENT, POLICE OFFICER FIRADAUS MEHIRDEL,
TAX REG # 950309, POLICE OFFICER DANNY LEE, TAX
RBG # 950736, SERGEANT JOEÍ- ROSENTHAL, TAX REG #
946197, LIEUTENANT CEORGE HOWLEY, TAX REG #
904t77 and POLICE OFFICER JOHN DOES l-10.
Defendants

---------x
WHERDAS, the parties intend to produoe ceftain documents pursuant to Rule 26

of the Federal Rules of Civil

Procedure that they deem

to be confidential, privileged,

or

otherwise inappropriate for public disclosure; and

WHEREAS, the pafties will only produce these documents

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, THEREF'ORE,

IT IS HEREBY STIPULATED AND AGREED, bY

and among the attorneys for plaintiffs and defendants, as follows:

L

As used herein,'oAction" shall mean the pending action between plaintiffs

and defendants captioned Jacqueline.Rizk" et al. v. City of New York. et al., 14-CV-6434
(RRMXMDG).

2.

"ConfidentialMaterialso'shallmean:

a.

Plaintiffs' employment records, criminal arrest history ("RAP

Sheet"), medical records, and residential addresses; and

b,

New York City Police Department (.'NYPD") personnel

disciplinary-related records and information, and records

and

of investigations

regarding the conduct of Members of the Service of NYPD conducted by NYPD,
the Civilian Complaint Review Board, or other agencies; and

c.

Other documEnts and information that may in good faith, during

the pendency of this litigation, be designated "Confidential Material" by

the

pafties, except that such documents and information shall not be designated
"Confidential Materials" to the extent, and only to the extent, that they are
obtained by a party pursuant

("FOIL") or

3.

are otherwise

to the New York Freedom of lnformation [,aw

publicly available,

By disclosing material in this Action, the parties do not waive

any

privileges or protections accorded any such materials in this litigation or in any other federal or
state proceeding,

4,

The parties shall not use Confidential Materials produced in discovery in

this Action for any purpose other than the evaluationo preparation, presentation or settlement

of

claims or defenses in the Action.

5.

The parties shall not disclose the Confidential MatErials to any person

other than apartyl an attorney of record for a party, or any member of the staff of that attorney's

office, except under the following conditions:

a,

Disclosure may be made for the purpose of preparing or presenting

a party's claims or dsfenses in the Action.

-2-

b,
been retained

Disclosure may also be made to an expert or consultant who has

ol specially employed by a party's

attorneys

in anticipation of

litigation or preparation for trial of the Action, to a witness at a deposition or in
preparation for testimony at a deposition or trial, or to the Cou¡t.

c.

Before any disclosure is made to a person listed in subparagraph

(b) above (other than to the Courl or to a witness at a deposition), counsel shall

provlde each such person wlth

a

copy

of thls

Stipulation and Order of

Confidentiality, 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 prosecutiono defense, or settlement of the Action and
not to make fufther disclosure of the Confidential Materials, except in testirnony
taken in the Action. The subject pafiy's attorney shall retain the signed çonsent
and furnish a copy to the opposing party's attorney upon request at a deposition or

immediately before trial, although the name of an expert that the pafty does not
intend to call as a trial witness may be redacted from such a consent before

it

is

produced.

5.

In order to designate documents or other material as "Confidential" within

the meaning of this Protective order, a pafty may affix the legend "Confidential" to

the

documents or material in a manner so as not to interfere with the legibility thereot and/or may
designate such documents by title, Bates nu¡nber or other method reasonably calculated to give

the pafties notice of the confidentiality designation, in a writing directed to a pafty's attorneys,
The parties may designate as 'oConfidential" any documents or material pursuant to this Order

within a reasonable time after production of such documents or material,

-3-

6.

A

party may designate deposition exhibits or portions

of

deposition

transcripts as Confidential either by:

a.
relates

to

Indicating on the record during the deposition that a question
Confidential Materials and mark

Governed by Protective Ordero"

Information

in which event the reporter rnay bind the

of the designated testimony in a

transcript

it as ooConfìdential

separate volume

if

requested by

defendants' oounsel, or

b.

Notifying the reporter and all counsel of record, in writing, within

45 days after receiving the transuipt of the deposition from the couft repofter or

plaintiff or plaintiff s Counsel (during which time the entire deposition shall

be

deemed confidential), of the specific pages and lines of the transcript that are to
be designated "Confidential," in which event all counsel receiving the transcript

will be responsible for marking the copies of the designated

transcript in their

possession or under their control as directed by the pafiy's counsel.

7.

If a party objects to the designation of any Confidential

Materials

as

confidential, that pafty's counsel shall state such objection in writing to counsel for the opposing
party, and counsel shall in good faith attempt to resolve such conflict.

If the conflict

cannot be

resolved among counsel, the objecting attorney shall, within 45 days

of the initial

objection,

request that the Cour-t remove the designation. Any such materials

or information shall

treated as Confidential

be

until the parties resolve the conflict or the Couft issues its ruling

regalding the conflict.

8.

A party seeking to file

papers with the Court that incorporate ConfÏdential

Materials, or reveals the contents thereof shall first confer in good faith with the opposing party

-4-

as to an agreed upon method (subject

information.

If

to the

Couftos approval)

to protect such confìdential

the parties are unable to agree on a method to protect such confidential

information, the parfy seeking to file the confidential information shall make an application to

the Court for permission to file under seal the specific portions of those papers disclosing
Confidential Materials and shall indicate whether any other party objects to that request, No
materials shall be filed under seal unless the Court has issued an order approving the filing, in

which event the filing shall follow the District Court rules applicable to filing under seal.

9.

,Within 30 days after the termination of the case, including any appeals, the

Confidential Materials, including all copies, notes, and other materials containing or referring to
information derived therefrom, shall be returned to the producing party's attorney or, upon their
consent, destroyed and

all

persons who possessed such materials shall verify their return or

destruction by affìdavit furnished to the producing party's attorney,

10.

Nothing in this Stipulation shall be construed to limit any pafties'use of

their own Confidential Materials in any manner.
I

l.

The admissibility of materials disclosed in this Action shall be determined

by the Court at any proceeding or trial in this Action where such discovery materials

are

proffered or submitted.

12.

Defense counsel shall keep oonfidential for 'oAttorneys Eyes Only" the

address, telephone number, social security number, date

regarding witnesses identified by the production
course of this

Action, Such information shall

of birth, and other personal information

of documents or otherwise identified in the

be used by defense counsel only, or such counsel's

agents, solely for the purpose of communication with witnesses or thç service of subpoenas, and

-5-

shall not be disclosed to the individually named defendants, their family members, or other
persons, and such information shall not be included in publicly filed documents with the Court.

13,

This Stipulation shall be binding upon the parties irnmediately

upon

signature and shall be submitted to the Couft for entry as an Order.

14.

This Stipulation will survive the termination of the litigation and will

continue to be binding upon all persons to whom ConfÌdential Materials are produced or
dlsclosed. All documents or information that have been deemed confidential pursuant to this
order, including all copies and non-conforming copies thereof, shall remain confidential for all

time.

Once the Action has been resolved, including

all

appeals, the Confidential Materials,

including all copies and non-conforming copies thereof, shall not be used by plaintiff, or anyone
receiving confidential documents pursuant to paragraph 4 herein, for any purpose without prior
approval from defendants' Counsel.

-6-

15.

The Couft

will

retain jurisdiction over

all

persons sub.iect

to thìs

Stipulation to the extent necessary to enforce any obligations arising hereunder or to impose
sanctions

lbr any contempt thereof. Additionally, the Couft

reserves

the right, in its

sole

discretion, to modify this Stipulation and Order of Confidentiality at any time,

IT IS FURTHER STIPULATED AND AGREED

that this Stipulation consists of eight

(8) pages. A facsimile and/or photocopy of this Stipulation is as valid as if it were an original.
This Stipulation may be executed in counterparts. Any party may file this Stipulation with the
Court without further notice.

Dated:

ilul., l{

,zols

New Yórk, New York

RENFROE DRISCOLL & FOSTER, LLP

(7r8) 261-5r00

ZACHARY W. CARTER
Corporation Counsel of the
City of New York
Attorneyþr Defendanls Cily, New YorkCity
Police Depørtment, Mehirdel, Lee and

pfoster@ren froedrisco I l.com

Rosenthal

Attorneys þr Plaintiff
I l8-35 Queens Blvd., Suite 940
Forest Hills, New York 1 1375

100 Church Street
New York, New York 10007
[phone]

By:

By:

K, Foster,

Sm

Senìor Counsel

SO ORDERED:

HON. MARILYN D. GO
UNITED STATES MAGISTRATE JUDGE
Dated:

7

2015

EXHIBIT A

The undersigned hereby acknowledges that (s)he has read the Stipulation and Order of
Confidentiality entered in the United States District Court for the Eastern District of New York
dated

--,2015,

in the action entitled JacJ¡ueline Rizk..elal. v. City of New York. et

Ql,,

l4-CV-6434 (RRMXMDG), and understands the terms thereof. The undersigned agrees not to
use the Confìdential Materials defined therein for any purpose other than in connection with the

prosecution

of this case, and will not fufther disclose the Confidential Materials except

testimony taken in this case,

Signature

Date

Print Name

Occupation

8-

in