Schoolcraft v. The City Of New York et al

Filing 275

STIPULATED AND PROTECTIVE ORDER: Regarding procedures to be followed that shall govern the handling of confidential material. SO ORDERED. (Signed by Judge Robert W. Sweet on 10/1/2014) (ajs)

.----------=========::;;1i
USDCSDNY

DOCUMENT
ELECTRONICALLY FILED
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK

DOC#:
DATE FILED:

---+-..,-~:-+--+..-4f--

---------------------------------------------------------------x
ADRIAN SCHOOLCRAFT,
Plaintiff,

STIPULATION AND
PROTECTIVE ORDER

-againstI O-cv-6005 (R WS)
THE CITY OF NEW YORK, et al,
Defendants.

--------------------------------------------------------------x

WHEREAS, Defendants have sought discovery of the raw survey data and other
material relied upon and used by Professors Silverman and Etemo in conducting
Silverman-Etemo Studies which Plaintiffs are producing of Defendants pursuant to the
Court's Order,
WHEREAS, Plaintiff and Professors Silverman and Etemo deem the raw survey
response data and other material relied upon and used by Professors Silverman and
Etemo in conducting the Silverman-Etemo Studies confidential, have treated it as such,
and object to the production of such raw survey response data and other material w1less
appropriate protection for its confidentiality is assured;
NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED by
attorneys for Plaintiffs and Defendants as follows:

''
1r

~

I.

The raw survey response data and other material relied upon and used by

Professors Silverman and Eterno in conducting the Silverman-Eterno Studies shall be
deemed to be "Confidential Materials." Any materials obtained from sources other than
Professors Silverman and Etemo, or which are publicly available, shall not be deemed
"Confidential Materials" and shall not be governed by this order.
2.

The parties shall not use the Confidential Materials for any purpose

other than for the preparation or presentation of plaintiffs' or defendants' case in the
above captioned action ("this action").
3.

The parties shall not disclose the Confidential Materials to any person

not a member of the staff of the parties attorneys' offices, except:
a.

Disclosure may be made to an expert who has been retained or

specially employed by a party's attorneys in anticipation of litigation or
preparation for this action; members of the New York City Police
Department Deputy Commissioner of Legal Matters ("DCLM") office and
supervisors of that office; members of the New York City Police
Department Office of Management, Analysis and Planning ("OMAP")
office and supervisors of that office; members of the New York City
Department Deputy Commissioner for Strategic Initiatives ("DCSI") office
and supervisors of that office.
2

b.

Before any disclosure of the raw survey response data is made

pursuant to subsection "a" above, the party's attorney shall provide each
such person with a copy of this Stipulation and Protective Order 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 prosecution or defense of this case and to not further
disclose the Confidential Materials to any person, except in testimony
taken in this case. The signed consent shall be retained by counsel for the
party disclosing the information and a copy shall be furnished to the other
parties' attorneys upon their request.
4.

Deposition testimony concerning any Confidential Materials that

reveals the content of such materials shall be deemed confidential by all parties and
the transcript of such testimony, together with any exhibits referred to therein, shall
be separately bound with a cover page predominately marked "CONFIDENTIAL."
Such portion of the transcript shall be deemed to be Confidential materials within the
meaning of this Stipulation and Protective Order.
5.

If any paper which incorporates any Confidential Materials or reveals

the contents thereof is filed in this Court, those portions of the papers shall be
delivered to the Court enclosed in a sealed envelope bearing the caption of this
3

action, an indication of the nature of the contents, and the following legend:
CON~'IDENTIAL

This envelope contains documents or information
designated confidential pursuant to an order entered by
the United States District Court for the Southern District
of New York in the above captioned action. This
envelope shall not be opened or unsealed without the
express direction of a judge of this Court and its
contents shall not be displayed or revealed except as the
Court may order. This envelope and its contents shall
at all times be maintained separate and apart from the
publicly available files of this case.

6.

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

the Confidential Materials, including all copies thereof, shall be returned to the
attorneys for the party that originally disclosed the materials or, upon their consent,
destroyed, and all persons who possessed such materials shall verify their return or
destruction by affidavit furnished to the attorneys who provided them with the
materials. Counsel of record may, however, retain written discovery responses,
attorney work product, depositions and their exhibits, as well as documents admitted
into evidence or filed with the Court. This Order shall continue to be binding after
the conclusion of this litigation.
7.

The parties may seek modification of this Stipulation and Protective

order by application to the Court for good cause shown at anytime during the course
of this litigation.

4

~-

,/ '"""l

.l
,,/')

"/I,

{!/L

---

Brttee-f\..1-&~racly fi{c..w-h.,.; J.

Brian E. Lee
Ivone, Devine & Jensen, LLP
2001 Marcus Avenue, Suite NlOO
Lake Success, NY 11042

Callan, Koster Brady & Brennan, LLP
One Whitehall Street
New York, NY 10004

W~K~JJ-

thaniel B. Smith, Esq.
111 Broadway- Suite 1305
New York, NY 10006

Scoppetta Seiff Kretz & Abercrombie
444 Madison Avenue, 30th Floor
New York, NY 10022

Be19~ember
Ocfd1~.,...

/'

Gregpj·1 John Radomisli
Martin Clearwater & Bell LLP
220 East 42nd Street, 13th Floor
New York, NY 10017

Suzanna P. Mettham
NYC Law Department
100 Church Street, Room 3-203
New York, NY 10007

Dated:

,.

~-/lit <-<-~r::.-·-·----··-

30, 201 el

11 l.01.q.

SO ORDF{{El):

~f

ROBERT W. SWEET
UNITED STATES DISTRICT JUDGE

5

r

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
---------------------------------------------------------------x.
ADRIAN SCHOOLCRAFT,

EXHIBIT A TO
STIPULATION AND
PROTECTIVE ORDER

Plaintiff,
-against-

1O-cv-6005 (R WS)

THE CITY OF NEW YORK, et al,
Defendants.

--------------------------------------------------------------)(
EXHIBIT A:
The undersigned hereby acknowledges that he/she has read the Stipulation and
Protective Ordered entered in the United States District Court for the Southern
District of New York in the action entitled Schoolcraft v. City of New York, et al., I 0
Civ. 6005 (RWS), and understands the terms thereof. The undersigned agrees not to
use the Confidential Materials defined therein for any purpose other than in
connection with the prosecution of this case, and will not further disclose the
Confidential Materials to any person, ex.cept in testimony taken in this case.

Date:

Signature:

Print Name:

Occupation:
6