Ben Weitsman & Son of Scranton, LLC et al v. Hartford Fire Insurance Company et al

Filing 25

PROTECTIVE ORDER: setting forth the terms and conditions for the exchange of confidential information, documents and materials. Signed by Magistrate Judge David E. Peebles on 3/17/2017. (jmb)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
BEN WEITSMAN & SON OF SCRANTON, LLC, BEN
WEITSMAN & SON, INC., UPSTATE SHREDDING,
LLC, and UPSTATE SHREDDING DISC, INC.,
CONFIDENTIALITY
STIPULATION AND ORDER

Plaintiffs,

-VSHARTFORD FIRE INSURANCE COMPANY and
HARTFORD CASUALTY INSURANCE,

Case No.: 3:16-cv-00780-GTS-DEP

Defendants.

CONFIDENTIALITY STIPULATION AND ORDER
It appearing that discovery in the above-captioned action may involve the disclosure of
confidential information, the parties hereby stipulate that the Court may enter the following
Order:
1.

Any party to this litigation shall have the right to designate as "Confidential" and

subject to this Confidentiality Stipulation and Order any information, document, or thing, or
portion or copy of any document or thing: (a) that contains trade secrets, competitively sensitive
technical, marketing, financial, tax, sales, legal or other confidential business information, or (b)
that contains private or confidential personal information, or (c) the disclosure of which could
adversely affect the prosecution of defense of the underlying action at issue in the instant action,
or (d) which the producing party otherwise believes in good faith to be entitled to protection
under Rule 26(c)(1)(G) of the Federal Rules of Civil Procedure (collectively referred to
hereinafter as "Confidential Information").

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2.

The producing party may designate particular documents or portions thereof as

Confidential Information by stamping on each page of the document or portion thereof to be so
designated with the phrase "Confidential." If a party inadvertently fails to designate confidential
documents as "Confidential" prior to producing them, they may subsequently designate them as
such by advising the other party of the bates number of such document(s), whereupon such
documents shall be accorded the confidentiality imposed by this Confidentiality Stipulation and
Order. When so designated, the documents shall be used only for the purposes described in this
Confidentiality Stipulation and Order.
3.

Confidential Information may be disclosed by the undersigned counsel receiving

in
such materials, only as is necessary in counsel's good faith judgment, to (a) counsel of record
this court proceeding, attorneys employed by or associated with counsel, and their paralegals

and

agents
clerical assistants; (b) in-house counsel, officers, directors, managers, leaders, employees,
and persons
and affiliates of the parties; (c) witnesses in this lawsuit, including deponents
testifying at trial in this matter; (d) court reporters or stenographers engaged to record

testimony

in this action; (e) independent experts or consulting firms and their staffs used to assist counsel

to

counsel,
prepare for trial; (f) a party's reinsurers and their retrocessionaires, auditors,
staff, or
management, prospective investors, and/or financial underwriters; (g) the Court, its
of a court of
mediators in this legal proceeding; and (h) as may be required by law or order
the parties.
competent jurisdiction or in accordance with the written consent of all

The

governing
undersigned counsel shall be responsible for making such persons aware of the
to this
restrictions on their usage and disclosure of Confidential Information pursuant
Confidentiality Stipulation and Order, except as to (g) above.

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4.

Nothing in this Confidentiality Stipulation and Order shall preclude a disclosure

of information to any person who offered, prepared, previously had legal access to, was an
addressee of, received a copy of such information prior to the production of such information in
this action, or participated in the creation, compilation or production of such information.
5.

In the event that any party desires that the Confidential Information be disclosed,

communicated, discussed, or made available to any person not otherwise authorized by this
Confidentiality Stipulation and Order, the party wishing to disclose, communicate, discuss, or
make available the Confidential Information must submit to counsel for the designating party a
written notice specifically identifying the name, title, and business relationship of the persons to
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whom counsel wishes to make such disclosure. Counsel for the designating party shall have
days from the date of receipt of the notification to object to the disclosure to any person
to
identified therein. If counsel for the designating party does not respond in writing the written
notice, subject
notice of disclosure within 7 days after receipt thereof, the persons named in the
to
to the terms and conditions of this Confidentiality Stipulation and Order, shall be entitled
receive the Confidential Information. If any counsel for the designating party responds and
terms
objects to the disclosure request, and the parties subsequently are unable to agree on the
with the
and conditions, the party seeking to prevent the disclosure shall file a motion or letter
for all other
Court within 7 days of its objection to the disclosure request, served on counsel
case, the requested
parties, setting forth the basis for seeking to prevent such disclosure, in which
disclosure shall only be made upon such terms as the Court shall provide.
6.

A copy of this Confidentiality Stipulation and Order shall be provided to each

will be made. The
person within category 3(e) to whom disclosure of Confidential Information

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provisions of this Confidentiality Stipulation and Order shall be binding upon each such person
to whom disclosure is made.
7.

Secondary documents, including but not limited to, notes, memoranda, and

analyses, that are prepared from any materials described herein that contain the Confidential
Information shall be treated in the same fashion as the underlying materials, provided that the
secondary documents are designated as "Confidential" as described in paragraph 2.
8.

In the event a party wishes to use any Confidential Information in any affidavits,

briefs, memoranda of law, or other papers filed in Court in this litigation, the filing party shall
provide all parties with five (5) days written notice of the intent to file such Confidential
Information so that all parties can determine whether to file a motion to seal. If no parties file a
motion to seal within five days of receiving written notice of the intent to file with the Court or
the parties otherwise agree, the filing party may file the Confidential Information with the Court.
The failure of a party to file a motion to seal within five (5) days shall not bar that party from
subsequently seeking to seal or otherwise protect the Confidential Information by any means
provided by applicable law.
9.

This Confidentiality Stipulation and Order shall not be construed in any way to

prevent a party from applying to the Court for relief from any provision herein in respect to any
Confidential Information, or from asserting that certain Confidential Information should not be
subject to any protection, should be governed by a confidentiality order different from that
contained herein, or that certain information is so highly proprietary or confidential that it should
not be subject to discovery.

In addition, the inadvertent production of the Confidential

not
Information by either party or by a third party to any party for inspection and copying shall
itself be deemed to waive any claim of attorney-client privilege, or attorney work product

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protection that might exist with respect to such document or other documents or communication,
written or oral, including with limitation, other communications referred to in the documents or
information produced.
10.

Nothing in this Confidentiality Stipulation and Order shall preclude a party from

offering the Confidential Information into evidence at a trial or arbitration of this action.
11.

This Confidentiality Stipulation and Order shall survive the termination of this

action and shall remain in full force and effect unless modified by an Order of this Court or by
the written stipu ation of the parties filed with the Court.
Dated: Ethrtrary,

, 2017

Dated: February, /3' , 2017

...it —
Anthony J. Piazza, Esq.
BARCLAY DAMON, LLP
Attorneys for Plaintiffs
2000 Five Star Bank Plaza
100 Chestnut Street
Rochester, New York 14604
[phone]

Michael S. Komar, Esq.
MENZ BONNER KOMAR & KOENIGSBERG LLP
Attorneys for Defendants
One North Lexington Avenue, Suite 1550
White Plains, New York 10601
[phone]

SO ORDERED:

Dated: February 17 , 2017
Syracuse, New York

Hon. David E. Peebles
U.S. Magistrate Judge

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