Davis v. New York City Housing Authority et al

Filing 96

CONFIDENTIALITY ORDER:...regarding procedures to be followed that shall govern the handling of confidential material... So Ordered. (Signed by Judge J. Paul Oetken on 1/29/2020) (js)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
CHIFFON DAVIS and INDIA WILLIAMS,
on behalf of themselves and a elass of those
similarly situated,
Civil Aetion No. 1:18-ev-00459 (JPO)

Plaintiffs,
V.

NEW YORK CITY HOUSING AUTHORITY,
OYESHOLA OLATOYE, individually and in
her official capacity as Chaiiperson of the New
City Housing Authority, BILL de BLASIO,
Individually and in his official capacity as
Mayor of the City of New York; and the CITY
OF NEW YORK, a municipal Corporation,
Defendants.

CONFIDENTIALITY ORDER
J. PAUL OETKEN, District Judge:
The parties having agreed to the following terms of confidentiality, and the Court having
found that good cause exists for issuance of an appropriately-tailored confidentiality order
limiting the review, copying, dissemination, exchange and filing of confidential and/or
proprietary documents and information produced by a party, it is therefore hereby
ORDERED that any person subject to this Order—including without limitation the
parties to this action, their representatives, agents, employees, experts and consultants, and all
other interested persons with actual or constructive notice of this Order shall adhere to the
following terms:
This Order is effective for the duration of this action. Any person subject to this Order
who receives from any other person any information of any kind — whether in documents.

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testimony, or any other form ("Material") that is designated as

Confidential" or "Highly

Confidential --'Attorneys' Eyes Only" pursuant to the terms of this Order

shall not disclose

such Material to anyone else except as expressly permitted by this Order.
I.

Confidential Material
The party producing any given Material ("Producing Party") may designate the Material

as "Confidential" or "Highly Confidential - Attorneys' Eyes Only." Material designated
"Confidential" or "Highly Confidential - Attorneys' Eyes Only" shall be used solely for the
prosecution or defense of this matter. No party may designate documents, other materials, and
information as "Confidential" or "Highly Confidential Attorneys' Eyes Only" unless the party in
good faith believes the Material contains private, non-public, confidential, privileged, statutorilyprotected, competitively-sensitive, and/or proprietary information that is not readily ascertainable
through lawful means by the public, including but not limited to financial, personal, and/or
patient medical information or other information the public disclosure of which is either
restricted by law or adversely affects personal interests ("Confidential Material"). For purposes
of this Order, information that may be used to establish the identity of the plaintiffs or their
family members or NYCHA tenants. Section 8 participants, applicants, employees or their
family members, including but not limited to: name, social security number, public assistance
case number, food stamp case number, Medicaid case number, residence address, mailing
address, telephone number, driver's license number, patient medical information (including but
not limited to medical diagnosis and medical documentation), financial account numbers,
employment history and information regarding an individual's cooperation with the government,
shall be deemed to be "Confidential Material" under this Order without further designation by
the parties.

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The designation "Highly Confidential - Attorneys Eyes Only" shall be used only with
respect to Confidential Material that in addition to the foregoing is highly sensitive, proprietary,
private, non-public, privileged, statutorily-protected, personal, medical patient, and/or
confidential for which, in practical terms, there is substantial reason to believe the protections
prescribed by this Order will be inadequate to protect the Confidential Material.
Should a party determine that previously identified "Confidential Material" no longer
warrant such protection, notice of the withdrawal of such designation shall be provided as soon
as practicable.
This Order applies to all Confidential Material produced at any time in this Action. It
applies, but is not limited, to such Confidential Material whether it is a physical document, a
deposition transcript or other out-of-court testimony, a multimedia audio/visual file such as a
voice or video recording, a discovery response, or electronically stored information ("ESP).
If.

Persons Bound
This Order is binding on all parties including parties added to this action subsequent to

the date of this Order as well as their respective attorneys, agents, representatives, officers,
investigators and employees and family members of plaintiffs and others identified elsewhere in
this Order. Nothing in this Order shall limit the use or disclosure of Confidential Material by the
Producing Party, but disclosure by that party of Confidential Material in a way that causes it to
become public, except due to inadvertence, infra, may cause it to lose confidential protection
under this Order. Any disclosure of Confidential Material whether intentional or inadvertent does
not cause the Material to lose protection provided by law.
After notice of this Order is given (and if necessary, by providing a copy of this Order),
access to and/or disclosure of Confidential Materials (excluding "Highly Confidential-Attorney
Eyes Only Materials") shall be permitted to: attorneys of record and their affiliated and contract
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attorneys, paralegals and clerical staff employed by such attorneys; in-house counsel, clients,
client representatives and agency representatives, e.g„ NYCHA employees, that counsel for the
party receiving the Material (the "Receiving Party") deems necessary to aid counsel in the
prosecution and defense of this matter; court reporters; deposition/trial witnesses and their
counsel for purposes of this action (and in such cases the witness shall be required to sign the
form of certification annexed hereto as Exhibit A prior to receiving Confidential Material);
outside experts and consultants whether retained to testify or consult with a party (and in such
case the expert/consultant shall be required to sign the form of certification annexed hereto as
Exhibit A prior to receiving Confidential Material); mediators or arbitrators jointly retained by
the pai'ties; outside vendors retained to assist with the defense or prosecution of this matter
including, but not limited to, litigation support personnel, jury consultants, individuals to prepare
demonstrative and audiovisual aids for use in the courtroom or in depositions or mock jury
sessions, as well as their staff, stenographic, and clerical employees whose duties and
responsibilities require access to such materials, copying or trial preparation services (and in
such case the vendor shall be required to sign the form of certification annexed hereto as Exhibit
A prior to receiving Confidential Material); representatives of insurance companies that may be
liable for the payment of all or part of any judgment entered in this matter; and any other person
as to whom the parties agree in writing may receive Confidential Material.
Materials designated "Etighly Confidential-Attorney Eyes Only Materials" shall he
viewed only by counsel for the parties pending further written agreement of the parties or order
of this Court.
III. Manner of Designating Confidential Material and Preserving Such Designation
Confidential Material may be designated "Confidential" or "Highly Confidential Attorneys Eyes Only" in the following ways:
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1.

A Producing Party may designate documents that are produced in hard copy or in

electronic copies by marking the first page and each subsequent page that eontains Confidential
Material with, as appropriate, the legend "Confidential" or "Highly Confidential - Attorneys Eyes
Only" and the appropriate designation shall, to the extent practical, be placed on the document so
as not to obseure any information contained in the document and as close as practical to any
Bates" number assigned to the document by the Producing Party;
2,

As concerns written discovery responses or written disclosures that are made

pursuant to court order or provisions of the Federal Rules of Civil Procedure or this Court's loeal
rules, the Producing Party shall mark the first page and each subsequent page that contains
Confidential Material with, as appropriate, the legend "Confidential" or "Highly Confidential Attorneys Eyes Only" unless it is impractical to do so, and specific responses or disclosures
containing Confidential Material shall be separated from responses that contain only nonconfidential material to the extent feasible;
3.

As eoneerns the depositions of parties, counsel for a Producing Party may

designate testimony as "Confidential" or "Highly Confidential

Attorneys Eyes Only" by

identifying it as such on the record at or about the time the testimony is given and such testimony
shall remain confidential pending service of a Notiee of Designation of Confidentiality. If a
Notice of Designation of Confidentiality is not served within 15 days following counsels' receipt
of the transcript of deposition from the court reporter, such confidentiality designation will be
waived. With respect to deposition exhibits, counsel for a Producing Party may designate such
exhibits, or parts thereof, as "Confidential" or "Highly Confidential

Attorneys Eyes Only" by

identifying them as such on the record at or before the conclusion of the deposition and such
exhibits shall remain confidential pending service of a Notice of Designation of Confidentiality.

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If a Notice of Designation of Confidentiality is not served within 15 days following counsels'
receipt of the transcript of deposition from the court reporter, such confidentiality designation
will be waived;
4.

As concerns a deposition of a non-party, such witness, the witness's attorney or

any party may designate testimony or exhibits as "Confidential" or "Highly Confidential —
Attorneys Eyes Only." In all cases where sueh designation is made, the non-party and counsel (if
applicable) shall be provided with a copy of this Order and given notice of the confidentiality
obligations which are expected to be observed by such witness;
5.

If no testimony (of a non-party) is designated "Confidential" or "Highly

Confidential Attorneys Eyes Only" at a deposition, the deposition testimony shall be presumed
not to contain Confidential Material unless a Notiee of Designation of Confidentiality is served
within 15 days following counsels' receipt of the transcript of deposition from the court reporter.
With respect to deposition exhibits marked at such non-party deposition such exhibits shall be
presumed not to contain Confidential Material unless counsel for a party serves a Notice of
Designation of Confidentiality within 15 days following counsels' receipt of the transcript of
deposition from the court reporter;
6.

All transcripts of depositions at which testimony (or exhibits marked thereat) has

been designated "Confidential

or Highly Confidential

Attorneys Eyes Only" shall be

marked by the eourt reporter on the cover page with one or both of those designations and those
persons bound by this Order shall be limited in their use of the testimony and exhibits identified
as Confidential Materials;
7.

Deposition exhibits designated "Confidential

Attorneys Eyes Only" shall be appropriately marked;

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or

Highly Confidential

8.

If testimony taken at an audio-and/or-visually-recorded deposition is designated

"Confidential" or "Highly Confidential Attorneys Eyes Only," the videocassette, other videotape
container, or disk on which the deposition was recorded shall he appropriately marked;
9.

To the extent protectable information is produced in a form rendering it

impractical to label (including electronically stored information produced on electronic,
magnetic, or other computer-readable media), the Producing Party may designate such
information "Confidential" or "Highly Confidential Attorneys Eyes Only" by cover letter or by
affixing to the media containing the protectable information a label containing the appropriate
legend. If a person bound by this Order reduces computerized information that has been so
designated to hard-copy form, that person shall mark the hard-copy form in the manner described
herein; and
10.

To the extent any person bound by this Order other than the Producing Party

creates, develops, or otherwise establishes on any digital or analog machine-readable device,
recording media, computers, discs, networks or tapes, or maintains for review on any electronic
system material that contains information designated "Confidential" or "Highly Confidential Attorneys Eyes Only" that person or its counsel shall take all necessary measures to assure that
access to the electronic system and media containing such information is restricted to those
persons who, by the terms of this Order, are permitted to have access to it.
IV.

Designation of Confidential Material Produced by Others.
Any party may designate "Confidential" or "Highly Confidential - Attorneys Eyes Only"

("Confidential Material") produced by another party or non-party if the Confidential Material is
believed, in good faith, to be private, non-public, confidential, statutorily-protected,
competitively-sensitive, and/or proprietary information that is not readily ascertainable through
lawful means by the public, including but not limited to financial, personal, patient medical
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information or other information the public disclosure of which is either restricted by law or
adversely affects personal interests. In the event a party makes such a designation, the
designating party shall be deemed the producing party for purposes of this Order, Failure to
designate Confidential Material produced by another party or a non-party pursuant to this
paragraph at or before the time such Confidential Material is produced shall not constitute a
waiver of the designating party's right to make such a designation at a later time, so long as the
designation is made at the earliest practical time.
V.

Use of Confidential Materials.
Confidential Material may only be used for the purpose of prosecuting or defending this

case. Confidential Materials may not be used for any other purpose including but not limited to
business, competitive, personal, private, publicity, news or political purposes. Confidential
Material may not be sold or offered for sale. Confidential Material may not be used for
marketing, news promotional, or advertising purposes. Confidential Material may not be
provided to any news organization or employee or representative of any such news organization.
Notwithstanding the foregoing, nothing in this Order limits the use a producing party may
make of its own Confidential Material. A Producing Party's use of its Confidential Material in a
way that causes it to become public shall constitute a waiver of any earlier designation of the
Confidential Material as "Confidential" or "Highly Confidential - Attorneys Eyes Only" Unless
such publication is inadvertent in which case the applicable provisions of this Order as concerns
Inadvertently Disclosed Information shall apply.
Nothing in this Order limits the use any party may make of Confidential Material at trial
or at any evidentiary hearing in this case. The protection, if any, to be accorded to evidence
offered at trial or at an evidentiary hearing and to counsels' and witnesses' references to such
evidence at trials and evidentiary hearings shall be determined by the presiding Judge if the
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parties hereto cannot reach agreement as to the continued protection to he afforded Confidential
Material. Any party who intends to disclose Confidential Material during any hearing or trial
before the Court; including through argument or the presentation of evidence, may do so only
after taking such steps as the Court, upon motion of the disclosing party, shall deem necessary to
preserve the confidentiality of such Confidential Material. The party who intends to disclose the
Confidential Material shall inform the parties no less than 7 business days in advance of the
anticipated disclosure date of the intended disclosure. The parties shall then "meet and confer" as
to any issues attendant to such disclosures prior to presenting such issues to the Court by joint
letter to Chambers. Any such efforts to address disclosure issues as concerns Confidential
Materials shall not constitute (nor be claimed to constitute) a waiver of the "Confidential
Material" designation. Nothing in this Order is intended to prevent counsel for any party from
rendering advice to his or her client with respect to this case or, in rendering such advice, from
relying upon his or her examination and understanding of Confidential Material; but in rendering
such advice, counsel shall not disclose Confidential Material to any person to whom disclosure is
not permitted by this Order.
VI.

Restrictions on Disclosure of Highly Confidential - Attorneys Eves Only Material
Counsel of record for all parties are responsible for taking reasonable measures consistent

with this Order to control and limit access to and distribution of Confidential Material designated
"Highly Confidential - Attorneys Eyes Only" that they receive.
Each person who has access to Confidential Material shall take all due. precautions to
prevent the unauthorized or inadvertent disclosure of such material,

VII.

Filing Confidential Materials

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All Confidential Material filed with the Court, and all portions of pleadings, motions, or
other papers filed with the Court that diselose such Confidential Material, shall be filed under
seal with the Clerk of the Court in the manner provided by the Court's "Sealed Records Filing
Instructions" (available on the Court's website) and by Section 2 E of the Court's Individual
Practices. The parties will use their reasonable best efforts to minimize the filing of Confidential
Material under seal.
VIII.

Notification of Confidentiality Order
As provided for herein, counsel of record for the parties shall be responsible for obtaining

from identified non-parties the signed certification in the form annexed hereto as Exhibit A
before disclosing Confidential Material. The originals of all such certifications obtained by
counsel of record for a party shall be kept by that attorney until final resolution of this case,
whereupon copies shall be provided to counsel of record who request them. The Court may order
earlier disclosure of one or more such written agreements upon motion of any party supported by
a showing of good cause for the earlier disclosure.
IX.

Challenges to Designations of Confidential Material.
A party need not challenge the appropriateness of a "Confidential" or "Highly

Confidential - Attorneys Eyes Only" designation at the time the designation is made, and failure
to do so does not prevent a later challenge to the appropriateness of the designation. Any
challenge must be made, however, no later than the deadline for completion of fact discovery in
the action in which the designation was made or 60 days after the designation was made,
whichever is later.
A party who objects to a designation of Confidential Material made pursuant to this
Order shall give written notice of its objections via e-mail to counsel of record for all parties. The
notice shall identify the challenged Confidential Material by Bates number on an item-by-item
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basis unless the Confidential Material eannot reasonably be identified in that fashion, except that
if a party challenges a mass designation or extensive designations of substantially identical types
of Confidential Material the notice may describe with reasonable specificity the items being
challenged and identify their "Bates" numbers by range. The notice shall include in concise but
meaningful language the factual basis on which the challenge to each item is based, The
interested parties thereafter shall confer in a good faith attempt to resolve the objections by
agreement to the extent they are able to do so. If the objection is not completely resolved within
fourteen days of transmission of the notice, the party challenging the designation may move
before the Court for an order declassifying or reclassifying the Materials.
All Confidential Materials shall continue to be treated aceording to their designation
unless and until the Court orders otherwise or the designating party notifies all other parties that
it has agreed to change the designation.
X.

No Waiver of Objections. Redactions
Nothing in this Order shall affect the right, if any, of a party or non-party to assert any

objection to any discovery request or to any questions or proceedings at a deposition; but no
party shall be deemed to have waived an objection based on confidentiality to any discovery
request or deposition question or proceeding if, in that party's judgment, the protection afforded
by this Order adequately addresses the party's confidentiality concern. Nothing in this Order
shall diminish the right of any party to withhold Confidential Material on the basis of any legally
cognizable privilege, or Fed. R. Civ. P. 26(b)(3) or 26(b)(4), or the work product immunity.
Nothing in this Order shall prevent a designating party from redacting from Confidential
Materials portions which it believes are, inter alia, : privileged, constitute personal identifying
information (e.g., tenant names, phone numbers and other personal identifying information), or
information not relevant to the claims or defenses asserted in this action.
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In the event there is an inadvertent omission in the redacting of information, the right to
redact shall not be deemed to have been waived. In such case, the designating party shall cause
appropriate documents to be redacted and all parties hereto shall exchange those pages or
documents which contain unredacted information for pages appropriately redacted.
XL

Disposition of Confidential Material
This Order shall survive the termination of the litigation. Within sixty days after final

disposition this case, including disposition of any appeal and any subsequent remand, all parties
shall return to counsel of record for the respective producing parties all Confidential Material and
all copies of such Confidential Material, including among others all copies that were provided to
experts and consultants for the returning party and certify that all copies of Confidential
Materials have been returned. In lieu of returning Confidential Material and copies thereof, any
party may destroy and certify in writing that it has destroyed such materials upon written
permission of the Producing Party.
XII.

Correction of Designations and Clawback of Confidential Material
A party who fails to designate Confidential Material as

Confidential" or "Highly

Confidential - Attorneys Eyes Only" (or fails to redact information) at the time it produces it may
correct its designation at a later time consistent with this paragraph.
Any correction shall be made by means of a written notice of the correction or, if made
orally, shall be confirmed in writing within three days thereafter. The notice of correction shall
be sent to counsel of record for all parties and shall be accompanied by substitute copies of each
item, marked appropriately. The receiving party shall then return pages originally received which
were not marked "Confidential" or not redacted.
XIII.

Responsibilities with Respect to Improperly Disclosed Confidential Material

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If a party, a party's counsel of record, or any other person bound by this Order discovers
that he or she, or someone for whose conduct he or she is responsible, has disclosed Confidential
Material to a person who is not authorized under this Order to receive it, the party, counsel, or
other person bound by this Order shall promptly notify counsel of record for the producing party
of the unauthorized disclosure and shall promptly take all reasonable steps to retrieve the
improperly disclosed Confidential Material and. to restore to it the protection contemplated by
this Order. Nothing in this Order is intended to limit the right of any party or person to seek
additional relief, if appropriate, against persons responsible for any improper disclosure.
XIV.

Non-Application to Information from Other Sources.

Nothing in this Order limits use or disclosure of documents, material, or information that
are publicly available, except that if Confidential Material becomes publicly available because of
a violation of this Order the party or other person bound to this Order who is responsible for the
violation shall be subject to sanctions for the violation as agreed by the parties or as the Court
may determine is appropriate.
Nothing in this Order limits use or disclosure of Confidential Material that a party or
other person obtained from a person who is not bound by this Order and whom the party or other
person obtaining it reasonably believed at the time was lawfully in possession of it.
XV. Compliance Not an Admission: Formal Requests for Production of Confidential
Materials.
Compliance with this Order is not an admission by any party or person that any
particular, document, other material, or information is or is not confidential, except that a party
or other person who designates a document, other material or information "Confidential or
"Highly Confidential - Attorneys Eyes Only" by such designation asserts that it believes in good
faith that it meets the standards for such designation described in this Order. Compliance with
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this Order is not an admission by any party or person that any particular, document, other
material, or information is or is not privileged, except that if a party or other person asserts any
privilege with respect to a document, other material, or information such assertion is expected to
be premised On a good faith belief that a privilege exists. Compliance with this Order is not an
admission by any party or person that any particular, document, other material, or information is
or is not discoverable or that any partieular, document, other material, or information is or is not
admissible in evidence.
If a Receiving Party receives a subpoena, or other formal discovery request or
investigative demand except one issued in this case, that seeks Confidential Materials that party
must immediately (within 3 days) advise the Producing Party as to such request (and provide the
Producing Party with a copy of such formal discovery request) so as to permit the Producing
Party to take appropriate action to prevent or limit such disclosure of Confidential Material and
the Receiving Party shall advise the party propounding the formal discovery request that
requested materials may be subject to this Order,
XVI.

Protection of Non-Parties
Persons who are not party to this case may obtain the protection of this Order for

Confidential Material they provide in response to discovery proceedings in this case. Such
persons may obtain the protection of this Order by executing a written agreement in the form
attached to this Order as Exhibit B and by complying with the requirements of this Order for the
designation, use, and disclosure of Confidential Material.
XVII. Persons Bound and Continued Effectiveness
This Order binds all parties to this case including parties added after the date of this
Order, their counsel of record, and other persons to the extent described in the Order. It shall
remain in effect until modified or terminated by further Court order. Nothing in this Order is to
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the prejudice of the right of any party or other person to move this Court for relief from any of its
provisions, or to modify it (to provide greater, lesser, or different protection for particular
Confidential Material or to prevent disclosures to particular people), and nothing is to the
prejudice of the right of any party or other person to move for additional protective orders. The
provisions of this Order remain effective after final disposition this case. This Court retains
jurisdiction after final disposition of the case for the purpose of enforcing this Order.
The production of privileged or work-product protected documents, electronically stored
information ("EST") or information, whether inadvertent or otherwise, is not a waiver of the
privilege or protection from discovery in this case or in any other federal or state proceeding.
This Order shall be interpreted to provide the maximum protection allowed by Federal Rule of
Evidence 502(d).
XVIII. Application to New Parties
Plaintiffs shall notify new parties of this Order and shall provide a copy of this Order to
the new parties.
XIX.

Inadvertent Disclosure
If, in connection with this litigation, a party inadvertently discloses information subject to

claim of attorney-client privilege or work-product protection or inadvertently publicly discloses
materials previously designated as

Confidential

Material"

("Inadvertently Disclosed

Information"), such disclosure shall not constitute or be deemed a waiver or forfeiture of any
claim of privilege, work-product protection or confidentiality with respect to the Inadvertently
Disclosed Information and its subject matter.
If a party makes a claim of inadvertent disclosure, the Receiving Party shall, within five
business days, return or destroy all copies of the Inadvertently Disclosed information, and
provide a certification of counsel that all such information has been returned or destroyed. The
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Receiving Party may move the Court for an Order compelling production of the Inadvertently
Disclosed Information, The motion shall be filed under seal and shall not assert as a ground for
entering such an Order the fact or circumstances of the inadvertent production.
In the event previously designated "Confidential Material" is inadvertently made public,
following notice to the parties to the this Action by the party seeking to restore the "Confidential
Material" designation and appropriate action to retract the public disclosure, such designation
shall be restored,
XX. Non-Waiver
Nothing in this Order shall be construed as a determination by the Court, or as an
admission by any party or non-paiiy, that any parent or affiliate of a party is subject to personal
jurisdiction or that it is subject to service of process or to discovery pursuant to the Federal Rules
of Civil Procedure. Assent to or compliance with this Order does not constitute a waiver of any
defense, of any immunity, or of any claim.
Dated: January 29, 2020
New York, New York

SO ORDERED:
J. PAUL OETKEN, U.S.D.J.

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CONSENT TO ENTRY OF CONFIDENTIALITY ORDER:

LANGONE BATSON, EEC
Attorneys for Plaintiffs

By: As/

P. Qo4u>^
JAMES P. BATSON
ibatson@,langonebatson.com
520 White Plains Road, Suite 500
Tarrytown, New York 10591
[phone]
Dated: January , 2020

HERZFELD & RUBDl, P.C.
Attorneys for Defendants New York City Housing
Authority and Oyeshola Olatoye

By: /s/

J.
PETER J.KURSHAN
[e-mail]
125 Broad Street
New York, NY 10004
[phone]
Dated: January , 2020

JAMES E. JOHNSON
CORPORATION COUNSEL
Attorney for Defendants City of New York
and Bill de Blasio
By: /s/Mgcrk/W. M
MARK W. MUSCHENHEIM
[e-mail]
100 Church Street
New York, NY 10007
Phone: [phone]
Dated: January , 2020

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EXHIBIT A
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
CHIFFON DAVIS and INDIA WILLIAMS,
on behalf of themselves and a class of those
similarly situated,
Plaintiffs,

Civil Action No. 1:18-cv-00459 (JPO)

V.

NEW YORK CITY HOUSING AUTHORITY,
OYESHOLA OLATOYE, individually and in
her official capacity as Chairperson of the Nev^
City Housing Authority, BILL de BLASIO,
Individually and in his official capacity as
Mayor of the City of New York; and the CITY
OF NEW YORK, a municipal Corporation,
Defendants.

NON-DISCLOSURE AGREEMENT
On

behalf

[NAME

of

OF

[NAME OF INDIVIDUAL] certify

ORGANIZATION], I,

(i) that I understand that documents, other materials, and information containing Confidential
Material is being provided or otherwise disclosed to me pursuant to the terms and restrictions of
the Confidentiality Order entered in Chiffon Davis V. New York City Housing Authority and
Oveshola Olatove. No. 18-cv-00459 (JPOL pending in the United States District Court for
the Southern District of New York; (ii) that I have read and understand that Confidentiality
Order; (iii) that I will not disclose any Confidential Material produced in this litigation to anyone
other than for purposes of this litigation and that at the conclusion of the litigation I will return
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all discovery information to the party or attorney from whom I reeeived it; and (iv) that I agree to
be subject to the jurisdietion of the United States Distriet Court for the Southern District of New
York for the limited purpose of enforeing that Confidentiality Order and this Non-Disclosure
Agreement. I understand that a violation of the Confidentiality Order may be punishable as a
contempt of court.
Dated:___________________ _
Signature:
Printed Name:
Address:

Telephone:
E-Mail:

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EXHIBIT B
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
CHIFFON DAVIS and INDIA WILLIAMS,
on behalf of themselves and a class of those
similarly situated,
Plaintiffs,

Civil Action No. 1:18-cv-00459 (JPO)

V.

NEW YORK CITY HOUSING AUTHORITY,
OYESHOLA OLATOYE, individually and in
her official capacity as Chairperson of the New
City Housing Authority, BILL de BLASIO,
Individually and in his official capacity as
Mayor of the City of New York; and the CITY
OF NEW YORK, a municipal Corporation,
Defendants.

NON-DISCLOSURE AGREEMENT
On behalf of [NAME OF ORGANIZATION], I,

[NAME OF INDIVIDUAL] certify

(i) that certain documents, other materials, and information containing Confidential Material are
being provided or otherwise disclosed by me or by the organization I represent in response to a
subpoena or other discovery requests by a party in this case; (ii) that I have received and
reviewed a copy of the Confidentiality Order that has been entered in that litigation; (iii) that I
wish to obtain the protection of that Order for Confidential Material I or my organization is
disclosing; (iv) that I agree on my own behalf and on behalf of the above-named organization to
be bound by the provisions of that Confidentiality Order insofar as they apply to non-parties to
the litigation; and (v) that I agree to be subject to the jurisdiction of the United States District
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Court for the Southern District of New York for the limited purpose of enforcing that
Confidentiality Order and the agreements in this Exhibit B. I understand that a violation of the
Confidentiality Order may be punishable as a contempt of court.

Dated:
Signature:
Printed Name:
Address:

Telephone:
E-Mail:

Dated: January

, 2020

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