Jones v. City Of New York et al

Filing 88

STIPULATION OF CONFIDENTIALITY AND PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material... (Signed by Magistrate Judge Katharine H. Parker on 3/5/2020) (rjm)

TJNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK

03/05/2020
x

HENRY JONES,

STIPULATION OF
CONFIDENTIALITY AND
PROTECTIVE ORDER

Plaintiff
-against-

CITY OF NEW YORK; POLICE
OFFICER RUBEN SERRANO SHIELD NO. 13592;
POLICE OFFICER DANIEL RYAN SHIELD NO. 5262,

l8 cv 4064 (GBD) (KHP)

Defendants.

x

WHEREAS, defendant.City of New York intends to produce certain documents
pursuant to Rule 26 of the Federal Rules of

Civil Procedure that they deem to be confidential or

otherwise inappropriate for public disclosure; and

WHf,REAS, defendant City will only produce these documents

if

appropriate

protection for their confidentiality is assured; and

WHEREAS, good cause exists for the entry of an order pursuant to Rule 26(c) of
the Federal Rules of Civil Procedure;

NOw, THEREFORE, IT IS HEREBY STIPULATED AND AGR"EED, by and
between the attorneys for Plaintiff and City Defendant as follows:

This Action shall mean lferrnr fnnec r-r Ci+v nf Ncrv Vnrlr ct al

l.

18

cv

4064 (GBDXKHP);

2.

As used herein, without waiving the right to later interpose objections

conceming these documents, "Confidential iv{aterials" shall mean:

(a) New York City Police Departrnent ("NYPD") personnel and disciplinaryrelated records and information;

(b) NYPD records of investigations regarding the conduct of Members of the
Service of the NYPD conducted by the NYPD, the Civilian Complaint Review
Board, or other agencies; and

(c)

a list from the

New York City Police Department that identifies plaintiff

s

prior

arrests by date of arrest, charge(s) and disposition, including all sealed arests,

(d) Other documents and information that may in good faith, during the pendency

of this litigation, be designated "Confidential Materials" by the parties, or the
Court.

3.

The documents and information as defined in Paragraph 2 shall not be

deemed "Confidential Materials" to the extent, and only to the exlent, that they are: (a) obtained

by the parties by subpoena or pursuant to the New York Freedom of lnformation Law (*FOIL"),
or (b) are otherwise publicly available.

4.

As used herein, "Producing Party" shall rnean the party requesting that a

particular document or the information contained therein be deemed confidential, and "Receiving
Party" shall mean any party who is not the "Producing Party," as defined herein, for that document
or information.

5.

Producing party shall designate

in

good faith particular documents

"Confidential Materials" by labeling such documents "Confidential" and/or by designating such
documents by bates number in a writing directed to Receiving Party's counsel.

6.

Any documents produced by a non-party pursuant to a subpoena in this

Action and that are designated as Contidential Material by any Party shall be govemed by the
terms of this Stipulation of Confidentialiry and Protective Order.

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7.

The Producing Party reserves the right to designate any

document

confidential pursuant to this agreement if necessary after production of such documents.

8.

Inadvertent production of any document or information which is privileged,

sonfidential, and/or was prepared in anticipation of litigation, is otherwise immune from discovery,
shall not constitute a waiver of any privilege or confidentiality or of another ground fbr objecting

to discovery with respect to that document, or its subject matter, or the information contained
therein, or of the Producing Party's right to object to the use of any such document or the
information contained therein during any proceeding in this litigation or otherwise,

9.

If

Receiving Party objects to the designation of particular documents as

"Confidential Materials," they shall state such objection in writing to rhe Producing Pany, and the
parties shall endeavor in good faith to resolve such objection. If such objection ciurnot be resolved,

then, within forty-five (45) days of receiving Producing Party's response to Receiving Party's
objections, they shall seek judicial intervention. Any such nraterials or information shall remain
Confidential until the parties resolve the objection orthere is a resolution of the designation by the
Court.

10. A Receiving
Materials produced

in

discovery

Parry and that party's attomeys shall not use Confidential

in the Action for any purpose other than the evaluation,

preparation, presenl,ation or settlement of claims or defenses in the Action.
I

l.

Attomeys for a Receiving Party shall not disclose the Confidential lvlaterials

to any person other than a party, an attorney of record for that party, or any member of the staff of
that attorney's offrce, except under the following conditions:

a.

Disclosure may be made only
presentation in the Action.

J

if

necessary

to the preparation

or

b.

Disclosure may also be made to an expert who has been retained or
specially employed by a party's attomey in anticipation of litigation or
preparation for rial of the Action, to a witness at depositioq or to the
Court.

c.

City Defendant's attomeys may also disclose the Confidential Materials
to the New York City Police Deparfinent, the New York City
Comptroller's Office, and the New York City Mayor's Office, solely in
connection with the defense or settlement of this Action.

d. Before any disclosure is made to a person listed in subparagraph (b)
above (other than to the Court),

e. Before any discloswe is made to a person listed in subparagraph (b),
above, the Receiving Party's attorney shall provide each such person
with a copy of this Protective Order, and such person shall consent in
writing, in the fbrm annexed hereto as Exhibit A, not to use the
Confidential Materials for any purpose otherthan in connection with the
prosecution, defense, or settlement of the Action and not to make further
disclosure of the Confidential Materials, except in testimony laken in
the Action. The attorneys fbr a Receiving Party making such disclosure
shall retain the signed consent and furnish a copy to the Producing
Pa(y's aftorney upon request at a deposition or immediately before trial,
although the name of an expert that the Receiving Party does not intend
to call as a trial witness may be redacted from such a consent before it
is produced.

12.

Deposition testimony concerning any Confidential Materials which reveals

the contents of such materials shall be identified by the Party claiming confidentiality within thirty

(30) days of the deposition or this stipulation whichever is longer, and that Parly shall separately
bind the transcript of such testimony, together with any exhibits referred to therein, with a cover
page prominently marked "CONFIDENTIAL." Such portion of the transcript shall be deemed to
be Confidential Materials within the meaning of this Stipulation of Confidentiality and Protective

Order.

13.

Any pa$' seeking to file papers with the C'ourt that incorporate Confidential

Materials or reveal the contenls thereof shall first make an application to the Court for permission
to file under sealthe specilic portions of those papers disclosing Confidential Materials and shall

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indicate whether any other party objects to that request. No materials shall be filed under seal
unless the Court has issued an order approving the

filing, in which event the filing shall follow the

District Court rules applicable to filing under seal.

14.

Where the confidential information is nol material to issues addressed in

court submissions and the panies agree in writing that the redaction of personal, confidential and/or

identiffing information would be sufficient to protect the interests of parties or non-parties,
Plaintiffand Defenbant City may file redacted documents without further order of the Court.

15.

In addition, where reasonable advance notice is given and the parties agree

in writing to the use of the confidential information in support of a motion for summary judgment

or any other dispositive motion by either party or at a trial on the merits in this matter, such
information will not be subjected to the instant Stipulation ofConfidentiality and hotective Order.
ln the event that the Confidentiat Materials may be disclosed at a hearing or at trial, the Court may
impose appropriate safeguards for the presentation of such Confidential Materials.

16.

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

the "Confidential Materials," including all copies, notes, and other materials containing or
refening to information derived therefrom (other than the Coul's copies of such materials), shall
be either returned to the producing party's attorneys or, upon producing party's attorneys' consent,

destroyed (except as to privilege material which shall be destroyed), and all persons who possessed
such materials shall verity their return or destruction by affidavit furnished to producing party's

attorney. Notwithstanding this provision, receiving parry anomeys may retain a copy of all
pleadings, motion papers, transcripts, expen reports, legal memoranda, correspondence, or
attorney work product, even

if

such materials contain Confidential Materials, so long

as

appropriate safeguards are imposed to prevent the use of any copies for any purpose. Any such

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copies that contain or constitute Confidential Materials remain subject to this Stipulation

of

Confidentiality and Protective Order.

17.

This Stipulation will survive the termination of the litigation and will

continue to be binding upon all persons to whom Confidential Materiats are produced or disclosed.

All documents or information that have been deemed confidential pursuant to this order, including
all copies and non-conforming copies.thereof, shall remain confidential for all time. Onse the
Action has been resolved, including all appeals, the Confidential Materials, including all copies
and non-contbrming copies thereof, shall not be used by

documents pursuant to paragraph I

18.

Plaintiffor anyone receiving confidential

I herein, for any purpose without prior Court approval.

This Stipulation shall be binding upon the parties immediately

upon

signature and shall be submined to the Court fbr entry as an Order.

19.

The terms of this Stipulation and Protective Order shall be binding upon all

current and future parties to this Action and their counsel.

20.

The Court will retain jurisdiction over all persons subject to this Protective

Order to the extent necessary to enforce any obligations arising hereunder or to impose sanctions

for any contempt thereof. Additionally, the Court reserves the right, in its sole discretion, to
modify this Protective Order at any time.

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21.

Nothing in this Stipulation and Protective Order shall be construed to limit

the producing party's use of their respective Confidential Materials in any manner.

Dated: New

Nerv York

2020
London Indwi LLP.
Attorneyfor Plaintiff
186 Joralemon Sreet
Suite 1202
Brooklyn, NY I l20l

By:

JAMES E. JOHNSON
Corporation Counsel of the City of New York
Attorneyfor Defendant City of New York
100 Church Steet
New York, New York 10007
(212 356-5054

a lrn

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By:

V

CaryYondbn,Esq.

E. Smith, Esq.

WYLIE M. STECKLOW, PLLC
Attorneyfor plaintif
233 Broadway
Suite 820

New York, NY I

By

wvl

w, Esq
SO ORDERED:

HON. KATHARINE H. PARKER
UNITED STATES MAGISTRATE JUDGE
Dated:
0

7

March 5

2020

EXHIBIT A
The undersigned hereby acknowledges that s/he has read the Stipulation of Confidentiality and
Protective Order dated

2020, entered into the action entitled Henry Joneg v..$ify

of

New York et. el.. 18 CV 4054 (CBD) (KHP), understands the terms thereof. The undersigned
agrees uot

to

use the Confidential Materials defrned therein for any purpose other than in

connection with the prosecution.

of this case, and will not further disclose the Confidential

Materials except in testimony taken in this case.

Signature

Date

Print Narne:

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