Acevedo v. Urban Management LLC et al

Filing 59

DISCOVERY AND CONFIDENTIALITY ORDER:For the reasons discussed at the November 16, 2021 telephonic conference, it is hereby ORDERED that, on or before November 23, 2021, plaintiff shall produce his complete federal and state tax returns for tax year s 2017 and 2018, including all attached forms and schedules, as well as all documents reflecting payments by plaintiff or his spouse of taxes due and/or refunds issued to plaintiff or his spouse with respect to those tax years. The parties having advised the Court that there is no confidentiality stipulation currently in effect in this action, and the Court having found that good cause exists for the entry of an appropriately-tailored confidentiality order in light of the sensitive nature o f the tax returns and related materials described above (the Tax Documents), it is FURTHER ORDERED that: 1.Neither defendants nor their counsel (nor any other person to whom the Tax Documents may be disclosed pursuant to this Order) shall use the T ax Documents for any purpose other than the evaluation, preparation and litigation of this action. 2.Defendants' counsel of record, to whom the Tax Documents will be produced, shall not further disclose the Tax Documents or their contents to any person other than (a) other attorneys and staff of Tarter Krinsky & Drogin LLP, to whom disclosure is reasonably required for the evaluation, preparation and litigation of this action; (b) defendants (including individual defendant John Schroe der and such officers or employees of defendant Urban Management LLC to whom disclosure is reasonably required for the purpose of evaluation, preparation and litigation of this action); and (c) the Court, under such conditions as the Court may p rescribe. Prior to disclosing the Tax Documents or their contents in any filing in this action, defendants shall provide reasonable notice of the anticipated filing to plaintiff so that plaintiff may, if he wishes, seek a sealing order (or request that defendants seek such an order) in accordance with Moses Ind. Prac. § 3. 3. Upon the conclusion of this action, whether by dismissal, settlement, judgment, or otherwise, defendants and their counsel shall return or destroy all copies of th e Tax Documents in their possession, custody, or control, as well as any extracts from or summaries of the Tax Documents (other than materials, if any, already filed on the public docket), and defendants' counsel shall certify in writing that they have done so. 4. Nothing in this Order constitutes or may be interpreted as a ruling concerning the admissibility of the Tax Documents at trial. 5. Nothing in this Order limits plaintiffs use of the Tax Documents. (Signed by Magistrate Judge Barbara C. Moses on 11/17/2021) (rro)

Case 1:19-cv-09449-VSB-BCM Document 59 Filed 11/17/21 Page 1 of 2

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK

11/17/21

APOLINAR ACEVEDO,
Plaintiff,
-againstURBAN MANAGEMENT LLC, et al.,

19-CV-9449 (VSB) (BCM)
DISCOVERY AND
CONFIDENTIALITY ORDER

Defendants.
BARBARA MOSES, United States Magistrate Judge.
For the reasons discussed at the November 16, 2021 telephonic conference, it is hereby
ORDERED that, on or before November 23, 2021, plaintiff shall produce his complete federal
and state tax returns for tax years 2017 and 2018, including all attached forms and schedules, as
well as all documents reflecting payments by plaintiff or his spouse of taxes due and/or refunds
issued to plaintiff or his spouse with respect to those tax years.
The parties having advised the Court that there is no confidentiality stipulation currently in
effect in this action, and the Court having found that good cause exists for the entry of an
appropriately-tailored confidentiality order in light of the sensitive nature of the tax returns and
related materials described above (the Tax Documents), it is FURTHER ORDERED that:
1.

Neither defendants nor their counsel (nor any other person to whom the Tax

Documents may be disclosed pursuant to this Order) shall use the Tax Documents for any purpose
other than the evaluation, preparation and litigation of this action.
2.

Defendants' counsel of record, to whom the Tax Documents will be produced, shall

not further disclose the Tax Documents or their contents to any person other than (a) other attorneys
and staff of Tarter Krinsky & Drogin LLP, to whom disclosure is reasonably required for the
evaluation, preparation and litigation of this action; (b) defendants (including individual defendant
John Schroeder and such officers or employees of defendant Urban Management LLC to whom

Case 1:19-cv-09449-VSB-BCM Document 59 Filed 11/17/21 Page 2 of 2

disclosure is reasonably required for the purpose of evaluation, preparation and litigation of this
action); and (c) the Court, under such conditions as the Court may prescribe. Prior to disclosing the
Tax Documents or their contents in any filing in this action, defendants shall provide reasonable
notice of the anticipated filing to plaintiff so that plaintiff may, if he wishes, seek a sealing order
(or request that defendants seek such an order) in accordance with Moses Ind. Prac. § 3.
3.

Upon the conclusion of this action, whether by dismissal, settlement, judgment, or

otherwise, defendants and their counsel shall return or destroy all copies of the Tax Documents in
their possession, custody, or control, as well as any extracts from or summaries of the Tax
Documents (other than materials, if any, already filed on the public docket), and defendants'
counsel shall certify in writing that they have done so.
4.

Nothing in this Order constitutes or may be interpreted as a ruling concerning the

admissibility of the Tax Documents at trial.
5.

Nothing in this Order limits plaintiff’s use of the Tax Documents.

Dated: New York, New York
November 17, 2021
SO ORDERED.

________________________________
BARBARA MOSES
United States Magistrate Judge