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)

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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"). 1 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. 2 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 7 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 3 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 4 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 — Anthony J. Piazza, Esq. BARCLAY DAMON, LLP Attorneys for Plaintiffs 2000 Five Star Bank Plaza 100 Chestnut Street Rochester, New York 14604 (585) 295-4400 Michael S. Komar, Esq. MENZ BONNER KOMAR & KOENIGSBERG LLP Attorneys for Defendants One North Lexington Avenue, Suite 1550 White Plains, New York 10601 (914) 949-0222 SO ORDERED: Dated: February 17 , 2017 Syracuse, New York Hon. David E. Peebles U.S. Magistrate Judge 5

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