Zakaiem v. Ohanissian et al.
Filing
33
STIPULATION 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 11/18/2021) (vfr)
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF NEW YORK
11/18/2021
DAVID ZAKAIEM, INDIVIDUALLY AND
DERIVATIVELY AS SHAREHOLDER OF
FOREX CAPITAL ADVISORS INC.,
Civil Action No. 1:21-cv-00074-PAE-KHP
Plaintiffs,
v.
ANDRE
OHANISSIAN
AND
FINANCIAL SERVICES LLC,
AGO
Defendants.
STIPULATION AND PROTECTIVE ORDER
WHEREAS, the Parties having agreed to the following terms of confidentiality, and 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
labeled "CONFIDENTIAL" or “CONFIDENTIAL – ATTORNEY’S EYES ONLY.”
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 relevant or admissible. Each party reserves
the right to object to the use or admissibility of the Confidential Information.
4.
Documents designated as "CONFIDENTIAL" shall not be disclosed to any
person, except:
a. The requesting party and counsel, including in-house counsel;
b. Employees of such counsel assigned to 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. Any court reporter used during depositions.
5.
Documents designated as “CONFIDENTIAL - ATTORNEYS EYES ONLY,” shall
not be disclosed to any person, except:
a. Counsel to the requesting party, including in-house counsel;
b. Employees of outside counsel assigned to 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. any court reporter used during depositions.
6.
Prior to 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.
7.
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.
8.
Any Personally Identifying Information (“PII”) (e.g., social security numbers,
financial account numbers, passwords, and information that may be used for
identity theft) exchanged in discovery shall be maintained by the receiving party
in a manner that is secure and confidential and shared only with authorized
individuals in a secure manner. The producing party may specify the minimal
level of protection expected in the storage and transfer of its information. In the
event the party who received PII experiences a data breach, it shall immediately
notify the producing party of same and cooperate with the producing party to
address and remedy the breach. Nothing herein shall preclude the producing
party from asserting legal claims or constitute a waiver of legal rights and
defenses in the event of litigation arising out of the receiving party’s failure to
appropriately protect PII from unauthorized disclosure.
9.
Pursuant to Federal Rule of Evidence 502(b), the inadvertent production of
privileged or work-product protected documents or communications,
electronically stored information (“ESI”) or information, after having taken
reasonable steps to prevent disclosure, shall not constitute a waiver of the
privilege or protection from discovery in this case or inany other federal or state
proceeding. This Order shall be interpreted to provide the maximum protection
allowed by Federal Rule of Evidence 502(d). Nothing contained herein is
intended to or shall serve to limit a party’s right to conduct a review of
documents, ESI or information (including metadata) for relevance,
responsiveness and/or segregation of privileged and/or protected information
before production.
10.
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.
11.
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.
12.
Nothing herein shall preclude the parties from disclosing material designated to
be Confidential Information if otherwise required by law or pursuant to a valid
subpoena.
SO STIPULATED AND AGREED.
Dated:
Dated:
SO ORDERED.
KATHARINE H. PARKER, U.S.M.J.
11/18/2021
Dated:
New York, New York
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF NEW YORK
DAVID ZAKAIEM, INDIVIDUALLY AND
DERIVATIVELY AS SHAREHOLDER OF
FOREX CAPITAL ADVISORS INC.,
Civil Action No. 1:21-cv-00074-PAE-KHP
Plaintiffs,
v.
ANDRE
OHANISSIAN
AND
FINANCIAL SERVICES LLC,
AGO
Defendants.
Agreement
I have been informed by counsel that certain documents or information to be
disclosed to me in connection with this matter have been designated as confidential. I
have been informed that any such documents or information labeled
"CONFIDENTIAL" or “CONFIDENTIAL – ATTORNEY’S EYES ONLY” 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:
_____________________________
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