Williams v. New York City Dept. of Correction et al

Filing 70

STIPULATION OF CONFIDENTIALITY AND PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material...So Ordered. (Signed by Magistrate Judge Katharine H. Parker on 12/30/19) (yv)

Case 1:18-cv-05175-VSB-KHP Document 69 Filed 12/27/19 Page 1 of 7

UNITED STATES DISTRICT COURT
SOUTHERNDISTRICTOF NEWYORK

12/30/2019
TYREIKWILLIAMS,

Plaintiff,

STIPULATIONOF
CONFIDENTIALITY
AND
PROTECTIVE ORDER

-against-

18-CV-5175(VSB)(KJIP)
CITY OF NEW YORK, COMMISSIONER BRANN,
AND BUREAU CHIEF CANTY,
Defendants
x

WHEREAS, plaintiff has sought certain documents and information from
defendants;
WHEREAS defendants deem and/or may deem some of this information and

documents to be confidential, private and/or subject to a law enforcement and/or governmental
privileges and/orother applicableprivileges;
WHEREAS, defendants object to the production of those documents unless
appropriate protection for their confidentiality is assured;

WHEREAS, good cause therefore 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 AGREED, by
andbetweenplaintiffand attorneys for defendants as follows:
1.

This Action shall mean T reik Williams v Cit of New York et al, 18-

CV-5175 (VSB) (KHP) currently pending in the SouthernDistrict ofNewYork;
2.

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

concerning these documents, "Confidential Materials" shall mean:

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(A) Any disciplinary records from the New York City Department of Correction
(hereinafter "DOC")or any other governmental agency;
(B) Any photographs, video, or audio recordings made in the course of a DOC
investigation;

(C) DOC investigative files involvingplaintiff;
(D) DOChousinglogbooks;
(E) Other documents and information that may in good faith, during the
pendency of this litigation, be designated "Confidential Materials" by
defendants 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 extent, that they are: (a) obtained
byplaintifffrom sources other than defendants, or (b) are otherwisepublicly available.
4.

Defendants 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 plaintiff. Defendants shall have a reasonable

time to inspect and designate as "ConfidentialMaterials"documents sought from third parties.
5.

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

Action and that are designated as Confidential Material by defendants shall be governed by the
terms ofthis StipulationofConfidentiality and Protective Order.
6.

Defendants reserve the right to designate any document confidential

pursuantto this agreement if necessaryafterproduction ofsuch documents to plaintiff.
7.

Inadvertent production of any document or information which is

privileged, confidential, 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
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ground for objecting to discovery with respect to that document, or its subject matter, or the
information contained therein, or of defendants' right to object to the use of any such document
or the information contained therein during any proceeding in this litigation or otherwise.
8.

If plaintiff objects to the designation of particular documents as

"Confidential Materials, " plaintiff shall state such objection in writing to the defendants, and the
parties shall endeavor in good faith to resolve such objection. If such objection cannot be
resolved, then, within fifteen (15) days of receiving defendants' response to plaintiffs
objections, plaintiff shall seek judicial intervention. Any such materials or information shall
remain Confidential until the parties resolve the objection or there is a resolution of the
designation by the Court.

9.

Plaintiff shall not use the Confidential Materials for any purpose other

than for the preparationor presentation ofplaintiffs casein this Action.
10.

Plaintiff shall not disclose the Confidential Materials to any person not a

member ofthe staffofhis law office, exceptunderthe following conditions:
a. Disclosure may be made only if necessary to the preparation or presentation of
plaintiffs case in this action, to those individuals described in the
subparagraphs below.

b. Disclosure before trial may be made only to the plaintiff, to an expert who has
been retained or specially employed by plaintiff in anticipation of litigation or
preparationfor this action, to a witness at deposition, or to the Court.
c. Before any disclosure is made to a person listed in subparagraphs (a) and (b)
above, (other than to the Court), plaintiff shall provide each such person with a
copy of this Stipulation of Confidentiality and Protective Order for review,
and such person shall consent in writing, in the form annexed hereto as
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Exhibit A, not to use the Confidential Materials for any purpose other than in
connection with the prosecution of this case and not to further disclose the

ConfidentialMaterials except in testimony taken in this case.
11.

Deposition testimony concerning any Confidential Materials which

reveals the contents of such materials shall be deemed confidential, and the transcript of such
testimony, together with any exhibitsreferred to therein, shall be separately bound, with a cover
pageprominently marked "CONFIDENTIAL. Suchportion ofthe transcript shall be deemedto
"
be Confidential Materials within the meaning ofthis Stipulation of Confidentiality and Protective
Order.

12.

Any party seeking to file papers with the Court that incorporate

Confidential Materials or reveal the contents thereofshall first make an application to the Court
for permission to file under seal the specific portions of the those papers disclosing Confidential
Materials and shall indicate whether any other party objects to that request, or shall make an
application to the Court to have the relevant materials de-designated as confidential, pursuant to
Paragraph "8" of this Stipulation. No materials shall be filed under seal unless the Court has
issued an order approvingthe filing, in whichevent the filing shall follow the rules ofthe District
Court in which the Action is file and/or the Individual Rules of the judge to whom the papers are
directed.
13.

Where the confidential information is not material to issues addressed in

court submissions and the parties agree in writing that the redaction of personal, confidential
and/or identifying information would be sufficient to protect the interests of parties or nonparties, plaintiffmay file redacted documents without further order ofthe Court.
14.

In addition, where reasonable advance notice is given by plaintiff and the

parties agree in writing to the use of the confidential information in support of a motion for
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summary judgment or any other dispositive motion by plaintiff or at a trial on the merits in this
matter, such information will not be subjected to the instant Stipulation of Confidentiality and
Protective Order. In the event that the Confidential Materialsmay be disclosed at a hearingor at
trial, the Court may impose appropriate safeguards for the presentation of such Confidential
Materials.

15.

Within30 days after the termination ofthis Action, including any appeals,

the "Confidential Materials, " including all copies, notes, and other materials containing or
referring to information derivedtherefrom (other thanthe Court's copies of such materials), shall
be returned to defendants' attorneys or, upon defendants' attorneys' consent, destroyed (except
as to privilege material which shall be destroyed), and all persons who possessed such materials
shall verify their return or destruction by affidavit furnished to defendants' attorneys.
Notwithstanding this provision, plaintiff may retain a copy of all pleadings, motion papers,
transcripts, expert reports, legal memoranda, correspondence, or 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 copies that contain or constitute
Confidential Materialsremain subjectto this Stipulation of Confidentialityand Protective Order.
16.

This Stipulation will survive the termination of the litigation and will

continue to be binding upon all persons to whom Confidential Materials are produced or
disclosed. All documents or info.rmation that have been deemed confidential pursuant to this
order, including all copies and non-conforming copies thereof, shall remain confidential for all
time.

Once the Action has been resolved, including all appeals, the Confidential Materials,

including all copies and non-conforming copies thereof, shall not be used by Plaintiff, or anyone
receiving confidential documents pursuant to paragraph 10 herein, for any purpose without prior
Court approval.
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17.

This Stipulation shall be binding upon the parties immediately upon

signature and shall be submittedto the Court for entry as an Order.
18.

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

all current and future parties to this Action andtheir counsel.
19.

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

defendant'suse ofthe ConfidentialMaterials in any manner.

DIN#: 19-A-1691.
Plaintiff^o Se

JAMESE. JOHNSON
Corporation Counsel ofthe City ofNewYork
Attorney for Defendants

Wende Correctional Facility
3040 Wende Road

100 Church Street
New York, New York 10007

TYREIK WILLIAMS

Alden, NewYork 14004-1187

By:

<El

lla/i^

By:

Tyre' Williams
PlaintiffPro Se

Stephanie Michelle Vilella Alonso

Assistant Corporation Counsel

SO ORDERED-

HON. KATHARINE H. PARKER
UNITED STATES MAGISTRATE JUDGE

Dated:

-6-

December 30

,

2019

Case 1:18-cv-05175-VSB-KHP Document 69 Filed 12/27/19 Page 7 of 7

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

Ci

2019, entered into the action entitled T eik Williams v.

of New York et al., 18-CV-5175 (VSB) (KHP), 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 ofthis case, and will not further disclose the Confidential
Materials except in testimony taken in this case.

Date:

Signature:

Print Name:

Occupation:

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