Cannon v. Correctional Medical Care, Inc. et al

Filing 144

ORDER: As part of this Court's March 17, 2017 Order, Dkt No. #55 , Counsel for Correctional Medical Care, Inc., provided to the Court for an in camera review certain financial statements. Those documents include the Correctional Medical Care Site Budget for the accounting periods ending 12/31/2012; 12/31/2013; 12/31/2014; 12/31/2015; and 12/31/2016, as well as the CBH Medical PC Income Statement for the periods ending 12/31/2015 and 12/31/2016; and the SM Dental PC Income Statement for 12/31/2015 and 12/31/2016. These records have been bate stamped "Confidential 689-704." Having reviewed the documents, and cognizant of the fact that the Plaintiff is making a Monell claim and is also seeking punitive damages from Correctional Medical Care, Inc., the Court concludes that the documents submitted for review should be provided to all counsel. However, due to the sensitive financial content, the Court directs that these records be marked "Attorneys Eyes Only" and be limited in their disclosure to counsel of record, counsel's staff, and experts retained by counsel. If the documents, or any part thereof, are to be included in any motion, or in a response to a motion, it should be filed preliminarily under seal, and the Court will then make a separate determination as to whether they should remain sealed. The documents in question shall be utilized only for the present action, and their disclosure in a separate action is left to the discretion of that particular court. Counsel for Correctional Medical Care, Inc., shall serve a copy of the documents, bate stamped Confidential000689-Confidential000704 upon counsel for all parties within seven days of the filing date of this Order. Signed by Magistrate Judge Daniel J. Stewart on 6/30/17.(alh, )

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
TRACY CANNON, Administratrix of the Estate
of Mark Cannon, Jr.,
Plaintiff,
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Civ. No. 9:15-CV-1417
(GLS/DJS)

CORRECTIONAL MEDICAL CARE, INC., et al.,
Defendants.
D

DANIEL J. STEWART
United States Magistrate Judge
ORDER
As part of this Court’s March 17, 2017 Order, Dkt No.55, Counsel for Correctional Medical
Care, Inc., provided to the Court for an in camera review certain financial statements. Those
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documents include the Correctional Medical Care Site Budget for the accounting periods ending
12/31/2012; 12/31/2013; 12/31/2014; 12/31/2015; and 12/31/2016, as well as the CBH Medical PC
Income Statement for the periods ending 12/31/2015 and 12/31/2016; and the SM Dental PC Income
Statement for 12/31/2015 and 12/31/2016. These records have been bate stamped “Confidential
689-704.” Having reviewed the documents, and cognizant of the fact that the Plaintiff is making
S

a Monell claim and is also seeking punitive damages from Correctional Medical Care, Inc., the Court
concludes that the documents submitted for review should be provided to all counsel. However, due
to the sensitive financial content, the Court directs that these records be marked “Attorneys Eyes
Only” and be limited in their disclosure to counsel of record, counsel’s staff, and experts retained
by counsel. If the documents, or any part thereof, are to be included in any motion, or in a response
to a motion, it should be filed preliminarily under seal, and the Court will then make a separate

determination as to whether they should remain sealed.1 The documents in question shall be utilized
only for the present action, and their disclosure in a separate action is left to the discretion of that
particular court. Counsel for Correctional Medical Care, Inc., shall serve a copy of the documents,
bate stamped Confidential000689-Confidential000704 upon counsel for all parties within seven days
of the filing date of this Order.
IT IS SO ORDERED.
D

Date: June 30, 2017
Albany, New York

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1

See Lugosch v. Pyramid Co. of Onondaga, 435 F.3d 110 (2d Cir. 2006).

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