Stone #1 et al v. Annucci et al

Filing 176

PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material... (Signed by Magistrate Judge Ona T. Wang on 5/10/2024) (ate)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
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JANE STONE # 1;
JANE STONE # 2;
JANE STONE # 3;
JANE STONE # 6;
JANE STONE # 7;
JANE STONE # 8;

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Index No. 20-CV-1326 (RA)(OTW)

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PROTECTIVE ORDER

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Plaintiffs,
:
-against:
ANTHONY ANNUCCI, Acting
Commissioner of the New York State
Department of Corrections & Community
Supervision, et. al.,

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Defendants.
:
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WHEREAS, 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. 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

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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:

5.

a.

A party and counsel, including in-house counsel;

b.

Employees of such counsel assigned 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;

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);
and

e.

Counsel for inmates or former inmates who have pending claims against the
State of New York, DOCCS or DOCCS staff for sexual abuse.

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)
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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. If the receiving
party intends to openly file documents that attach, enclose, or contain "confidential" or "attorneys'
eyes only" materials, the receiving party shall give sufficient notice, not less than seven (7)
business days to allow the producing party to object.
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 working files on the condition that those files will remain
protected.
11.
A party shall not be obligated to challenge the propriety of the designation of
information as “CONFIDENTIAL” or “CONFIDENTIAL-ATTORNEY EYES ONLY” at the
time made, and failure to do so shall not preclude a later challenge thereof. If a party challenges
such a designation, it shall send or give notice to the other party and to any third party who
designated the information as confidential and shall attempt in good faith to resolve any challenge
on an expedited and informal basis. The party which designated such information as
“CONFIDENTIAL” or “CONFIDENTIAL-ATTORNEY EYES ONLY” shall have the burden of
proving that the information at issue is entitled to such designation. The information at issue shall
continue to be treated as “CONFIDENTIAL” or “CONFIDENTIAL-ATTORNEY EYES ONLY”
until the earliest of the parties agreement, thirty (30) days from the date of any such challenge or
a contrary decision by the Court. Notwithstanding the foregoing, during the pendency of any
motion for classification the materials will retain the status designated by the Producing Party.
SO ORDERED:
10 2024
Dated: May __,

______________________________
HON. ONA T. WANG
United States Magistrate Judge
New York, New York
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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)

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