Schoolcraft v. The City Of New York et al

Filing 505

LETTER addressed to Judge Robert W. Sweet from Alan H Scheiner dated September 22, 2015 re: Filing of Motion Papers Under Seal Pursuant to Protective Orders. Document filed by Christopher Broschart(Tax Id. 915354 in his official capacity), Kurt Duncan(Shield No. 2483, Individually), William Gough(Tax Id. 919124, Individually), Elise Hanlon(in her official capacity as a lieutenant with the New York City Fire Department), Shantel James(Shield No. 3004 in his official capacity), Theodore Lauterborn(Tax Id. 897840 in his official capacity), Michael Marino, Gerald Nelson(Assistant Chief Patrol Borough Brooklyn North, Tax Id. 912370 in his official capacity), Frederick Sawyer(Shield No. 2576 in his official capacity), The City Of New York. (Attachments: # 1 Exhibit Confidentiality Order, # 2 Exhibit Confidentiality Order, # 3 Exhibit Confidentiality Order)(Scheiner, Alan)

LINITED STATES DISTRICT COURT
SOUTFIERN DISTRICT OF NEW YORK
--------------x
ADRIAN SCHOOLCRAFT,
Plaintiff,

STIPULATION AI\D
PROTECTIVE ORDER

-against-

l0-cv-600s (RV/S)

TI{E CIry OF NEW YORK, et al,
Defendants.

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

WHEREAS, Defendants have sought discovery of the raw survey daiaand other
material relied upon and used by Professors Silverman and Etemo in conducting
Silverman-Etemo Studies which Plaintifß are producing of Defendants pursuant to the

Court's Order,

WHEREAS, Plaintiff and Professors Silverman and Eterno deem the raw survey
response dataand other material relied upon and used by Professors Silverman and

Etemo in conducting the Silverman-Etemo Studies confrdential, have treated it as such,
and object to the production of such raw survey response data and other material unless
appropriate protection for its confidentiality is assured;

NOW, THEREFORE, IT IS HEREBY STIPI]LATED AND AGREED
attorneys for Plaintifß and Defendants as follows:

bY

L

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 Conf,rdential 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 Confìdential Materials to any person

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

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

specially employed by aparty'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.

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b.

Before any disclosure of the raw survey response data is made

pursuant to subsection "4" 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 predominalely 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

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action, an indication of the nature of the contents, and the following legend
CONFIDENTIAL

This envelope contains documents or

information
order entered by
designated confidential pursuant to an
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,

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

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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 veri$, 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
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.

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

S uzanna

P. Mettham

J

Martin Clearwater & Bell LLP
220East42nd Street, 13th Floor
New York, NY I 0017

NYC Law Department
100 Church Street, Room 3-203
New York, NY 10007

/tr*/4L
AM"-

Brian E. Lee
Ivone, Devine & Jensen, LLP
2001Marcus Avenue, Suite Nl00
Lake Success, NY 11042

J. /o\l-e

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

{"
Walter Aoysius Krelz,
Scoppetta Seiff Kretz & Abercrombie
444Madison Avenue, 30th Floor
New York, NY 10022

Dated:

el B. Smith, Esq.
I I I Broadway - Suite 1305
New York, NY 10006

@

0clpb¿r l. /or+
SO

ROBERT W. SWEET
LINITED STATES DISTRICT JUDGE

5

n

UNITED STATES DISTRICT COIIRT
SOUTFIERN DISTRICT OF NEW YORK
X

ADzuAN SCHOOLCRAFT,

EXHIBIT A TO
STIPULATION AND

Plaintiff,

PROTECTIVE ORDER

-against-

l0-cv-600s (RWS)
TFIE 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.,l0
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
Conflrdential Materials to any person, except in testimony taken in this case.

Signature:

Date:

Print Name:

Occupation
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