Moses et al v. Griffin Industries, LLC et al

Filing 107

STIPULATED AND PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material...SO ORDERED. (Signed by Magistrate Judge Ona T. Wang on 12/6/2019) (rro)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
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RAVEN MOSES, STARAISHA MORRIS, DWAYNE
DALE, ISMAIYL JONES, AYANNA BEACHAM,
and ANDRE MURRAY, individually and on behalf
of themselves and all
current and former employees,
Plaintiffs,
-againstGRIFFIN INDUSTRIES, LLC, MICHAEL SMITH,
Individually, WINSTON SMITH, Individually,
ANDREW MUNIZ, Individually, AARON MUNIZ,
Individually, GRIFFIN SECURITY SERVICES,
CONSOLIDATED EDISON COMPANY OF NEW
YORK, INC., INTERNATIONAL BROTHERHOOD
OF ELECTRICAL WORKERS LOCAL 1430, GRANT
ASSOCIATES, NIQUE IRVING, SEXTON ALSTON,
DANA YEE, WORKFORCE1, and MARIO LOPEZ,

18 Civ. 1200 (ALC)(OTW)

STIPULATION AND
PROPOSED PROTECTIVE
ORDER

Defendants.
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WHEREAS, the Parties having agreed to the following terms of confidentiality, and the Court
having found that good cause exists for the issuance of an appropriately tailored confidentiality
order pursuant to Rule 26(c) of the Federal Rules of Civil Procedure, it is hereby
ORDERED that the following restrictions and procedures shall apply to the information and
documents exchanged by the parties in connection with the pre-trial phase of this action:
1.

Counsel for any party may designate any document or information, in whole or
in part, as confidential if counsel determines, in good faith, that such designation
is necessary to protect the interests of the client in information that is proprietary,
a trade secret or otherwise sensitive non-public information (“Confidential
Information”). Information and documents designated by a party as confidential
will be stamped “CONFIDENTIAL.”

2.

The Confidential Information disclosed will be held and used by the person
receiving such information solely for use in connection with the action.

3.

In the event a party challenges another party’s designation of confidentiality,
counsel shall make a good faith effort to resolve the dispute, and in the absence
of a resolution, the challenging party may seek resolution by the Court. Nothing in
this Protective Order constitutes an admission by any party that Confidential
Information disclosed in this case is relevant or admissible. Each party reserves
the right to object to the use or admissibility of the Confidential Information.

4.

The parties should meet and confer if any production requires a designation of
“For Attorneys’ or Experts’ Eyes Only.” All other documents designated as
“CONFIDENTIAL” shall not be disclosed to any person, except:
a. The requesting party and counsel, including in-house counsel;
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b. Employees of such counsel assigned to and necessary to assist in the
litigation;
c. Consultants or experts assisting in the prosecution or defense of the
matter, to the extent deemed necessary by counsel; and
d. The Court (including the mediator, or other person having access to
any Confidential Information by virtue of his or her position with the
Court).
5.

Before disclosing or displaying the Confidential Information to any person,
counsel must:
a. Inform the person of the confidential nature of the information or
documents;
b. Inform the person that this Court has enjoined the use of the
information or documents by him/her for any purpose other than this
litigation and has enjoined the disclosure of the information or
documents to any other person; and
c. Require each such person to sign an agreement to be bound by this
Order in the form attached hereto.

6.

The disclosure of a document or information without designating it as
“confidential” shall not constitute a waiver of the right to designate such document
or information as Confidential Information. If so designated, the document or
information shall thenceforth be treated as Confidential Information subject to all
the terms of this Stipulation and Order.

7.

Any Personally Identifying Information (“PII”) (e.g., Social Security numbers,
financial account numbers, passwords, and information that may be used for
identity theft) exchanged in discovery shall be maintained by the receiving party
in a manner that is secure and confidential.

8.

Pursuant to Federal Rule of Civil Procedure 502, inadvertent disclosure of
privileged communications shall not constitute a waiver of the privilege in this
matter provided the parties follow the steps set forth in Rule 502.

9.

Notwithstanding the designation of information as “confidential” in discovery,
there is no presumption that such information shall be filed with the Court under
seal. The parties shall follow the Court’s procedures with respect to filing under
seal.

10.

At the conclusion of litigation, Confidential Information and any copies thereof
shall be promptly (and in no event later than 30 days after entry of final judgment
no longer subject to further appeal) returned to the producing party or certified as
destroyed, except that the parties' counsel shall be permitted to retain their

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working files on the condition that those files will remain protected.
SO STIPULATED AND AGREED.
DATED: December 4, 2019

DATED: December 4, 2019

Attorneys for Plaintiffs:

Attorneys for Defendants:

/s/ Lydia Keaney Reynolds________
WOLF HALDENSTEIN ADLER
FREEMAN & HERZ LLP
Jeffery G. Smith
Lydia Keaney Reynolds
270 Madison Ave.
New York, New York 10016
Tel.: [phone]
Fax: [phone]
[e-mail]
[e-mail]

/s/ Adam J. Smiley__________
CONSOLIDATED EDISON COMPANY OF
NEW YORK, INC.
By: Adam J. Smiley, Associate Counsel
4 Irving Place, 14th Floor
New York, New York 10003
[e-mail]
[phone]

/s/ George T. Peters______________
LAW OFFICE OF GEORGE T. PETERS,
PLLC
George T. Peters
2510 Valentine Avenue, 3rd Floor
Bronx, New York 10458
Tel: [phone]
[e-mail]

/s/ Michael R. DiChiara________
KRAKOWER DICHIARA LLC
Michael R. DiChiara
77 Market Street, Suite 2
Park Ridge, NJ 07656
[e-mail]
[phone]

SO ORDERED.

Dated:

New York, New York
December 6, 2019

Ona T. Wang
United States Magistrate Judge

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Agreement
I have been informed by counsel that certain documents or information to be
disclosed to me in connection with the matter entitled have been designated as
confidential. I have been informed that any such documents or information labeled
“CONFIDENTIAL” are confidential by Order of the Court.
I hereby agree that I will not disclose any information contained in such documents to
any other person. I further agree not to use any such information for any purpose other
than this litigation.
DATED:

Signed in the presence of:

(Attorney)
/806642

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