Komatsu v. The City of New York et al

Filing 486

ORDER REGARDING MISTAKEN PRODUCTION OF PROTECTED MATERIAL: Any party's production or disclosure in this proceeding of information or material that is not responsive, contains personally identifiable information, and/or is protected by any privi lege or protection recognized by law (collectively, "Protected Material"), whether inadvertent or otherwise, shall not constitute or be deemed a waiver of any claim of privilege, protection, personally identifiable information, and/or non- responsiveness applicable to that material or its subject matter in this Action or any other federal or state proceeding, and shall be governed by the procedures set forth herein. If a party produces Protected Material in discovery without intending a waiver of any claim to privilege, protection, personally identifiable information, and/or non-responsiveness, the producing party shall notify any receiving party in writing of this fact and may request that the Protected Material be returned or d estroyed. If a party receives such a request, it shall not further inspect, copy or make any other use of the Protected Material until an order of the Court is obtained or there is a written agreement between the parties regarding the use, return, or destruction of the Protected Material. If agreement cannot be reached, either party may make an application to the Court for resolution. No Protected Material may be disclosed publicly as part of any such application. The defendants shall email a copy of this Order to plaintiff. SO ORDERED. (Signed by Magistrate Judge Gabriel W. Gorenstein on 1/29/2021) (mml)

Case 1:18-cv-03698-LGS-GWG Document 486 Filed 01/29/21 Page 1 of 2

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
---------------------------------------------------------------X
:
TOWAKI KOMATSU,
:

Plaintiff,
-v.THE CITY OF NEW YORK, et al.,

ORDER REGARDING MISTAKEN
: PRODUCTION OF PROTECTED
MATERIAL
:
18 Civ. 3698 (LGS) (GWG)
:
:

Defendants.
:
---------------------------------------------------------------X
GABRIEL W. GORENSTEIN, UNITED STATES MAGISTRATE JUDGE
Any party’s production or disclosure in this proceeding of information or material that is
not responsive, contains personally identifiable information, and/or is protected by any privilege
or protection recognized by law (collectively, “Protected Material”), whether inadvertent or
otherwise, shall not constitute or be deemed a waiver of any claim of privilege, protection,
personally identifiable information, and/or non-responsiveness applicable to that material or its
subject matter in this Action or any other federal or state proceeding, and shall be governed by
the procedures set forth herein.
If a party produces Protected Material in discovery without intending a waiver of any
claim to privilege, protection, personally identifiable information, and/or non-responsiveness, the
producing party shall notify any receiving party in writing of this fact and may request that the
Protected Material be returned or destroyed.
If a party receives such a request, it shall not further inspect, copy or make any other use
of the Protected Material until an order of the Court is obtained or there is a written agreement
between the parties regarding the use, return, or destruction of the Protected Material.
If agreement cannot be reached, either party may make an application to the Court for
resolution. No Protected Material may be disclosed publicly as part of any such application.
The defendants shall email a copy of this Order to plaintiff.
Dated: January 29, 2021
New York, New York
SO ORDERED.

Case 1:18-cv-03698-LGS-GWG Document 486 Filed 01/29/21 Page 2 of 2

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