Sanchez v. American Mint LLC

Filing 25

PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material... (As further set forth in this Order.) (Signed by Magistrate Judge Barbara C. Moses on 7/16/2021) (cf)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
CRISTIAN SANCHEZ, on behalf of himself
and all other persons similarly situated,

7/16/21

Plaintiffs,
Case no.: 1:2l-cv-02015 (AT)
-against-

[PROPOSED] PROTECTIVE ORDER

AMERICAN MINT LLC
Defendant.

ANALISA TORRES, UNITED STATES DISTRICT JUDGE.
The Court having found that good cause exists for issuance of an appropriately tailored
confidentiality order governing the pre-trial phase of this action, and the parties having stipulated to
the following provisions, it is hereby ORDERED that any person subject to this Order - including
without limitation the parties to this action, their attorneys, representatives, agents, experts and
consultants, acting as such, all third parties providing discovery in this action, and all other interested
persons with actual or constructive notice of this Order shall adhere to the following terms, upon
pain of contempt:
Discovery Materials May Be Designated as Confidential
1.

Any person subject to this Order who receives from any other person any "Discovery
Material" (i.e., information of any kind provided in the course of discovery in this action)
that is designated as "Confidential" pursuant to the terms of this Order shall not disclose such
Confidential Discovery Material to anyone else except as expressly permitted hereunder.

2.

The person producing Discovery Material may designate as "Confidential" any portion
thereof that contains non-public business, commercial, financial, or personal information, the

public disclosure of which is either restricted by law or would likely, in the good faith
opinion of the producing person, seriously harm the producing person's business,
commercial, financial, or personal interests or cause the producing person to violate his, her,
or its privacy or confidentiality obligations to others. Where the confidential portion is
reasonably separable from the nonconfidential portion, via redaction or otherwise, only the
confidential portion shall be so designated.
3.

With respect to the confidential portion of any Discovery Material other than deposition
transcripts and exhibits, the producing person or that person's counsel may designate such
portion as "Confidential" by stamping or otherwise clearly marking as "Confidential" the
document or protected portion in a manner that will not interfere with legibility or audibility.
Deposition testimony may be designated as "Confidential" either on the record during the
deposition or in writing within five (5) business days of receipt of the transcript. If so
designated, the final transcript of the designated testimony shall be bound in a separate
volume and marked "Confidential Information Governed by Protective Order" by the
reporter.

4.

If at any time prior to the trial of this action, a producing person realizes that some portion of
Discovery Material that that person previously produced without limitation should be
designated as "Confidential," the producing person may so designate that portion by
promptly notifying all parties in writing. Such designated portion of the Discovery Material
will thereafter be treated as Confidential under the terms of this Order. In addition, the
producing person shall provide each other party with replacement versions of such Discovery
Material that bears the "Confidential" designation within two (2) business days of providing
such notice.

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Who May Receive Confidential Materials
5.

No person subject to this Order, other than the producing person, shall disclose any
Confidential Discovery Material to any other person whomsoever, except to:
a. the parties to this action;
b. counsel retained specifically for this action, including any paralegal, clerical or other
assistap.t employed by such counsel and assigned specifically to work on this action;
c. as to any document, its author, its addressee, and any other person shown on the face
of the document as having received a copy;
d. any witness who counsel for a party in good faith believes may be called to testify at
trial or deposition in this action, provided such person has first executed a NonDisclosure Agreement in the form annexed hereto;
e.

any person retained by a party to serve as an expert witness or consultant or
otherwise provide specialized advice to counsel in connection with this action,
provided such person has first executed a Non-Disclosure Agreement in the form
annexed hereto;

f.

stenogiaphers and video technicians engaged to transcribe or record depositions
conducted in this action;

g. independent photocopying, graphic production services, or other litigation support
services employed by the parties or their counsel to assist in this action, including
computer service personnel performing duties in relation to a computerized litigation
system;
h. the Court and its staff; and
1.

any other person whom the producing person, or other person designating the
Discovery Material "Confidential," agrees in writing may have access to such

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Confidential Discovery Material.
6.

Prior to the disclosure of any Confidential Discovery Material to any person referred to in
subparagraph<: 5( d) or 5( e) above, such person shall be provided by counsel with a copy of
this Protective Order and shall sign a Non-Disclosure Agreement, in the form annexed
hereto, stating that that person has read this Order and agrees to be bound by its terms.
Counsel shall retain each signed NonDisclosure Agreement, hold it in escrow, and produce it
to opposing counsel either prior to such person being permitted to testify (at deposition or
trial) or at the conclusion of the case, whichever comes first.

Filing of Confidential Materials in This Action
7.

Any person who either objects to any designation of confidentiality, or who, by contrast,
requests still further limits on disclosure (such as "attorneys' eyes only," reserved for
extraordinary circumstances), may at any time prior to the trial of this action serve upon the
designating person and all other parties a written notice stating with particularity the grounds
of the objection or request. Per Rule II(C) of the Court's Individual Practices in Civil Cases,
upon such notice the parties shall confer in good faith in person or by telephone to resolve
the dispute. If agreement cannot be reached promptly, counsel for all affected persons shall
submit to the Court a single joint letter describing the dispute, not to exe,eed six pages, to the
Court.

8.

Notwithstanding the designation of material as "Confidential" in discovery, there is no
presumption that such Confidential Discovery Material will be filed with the Court under
seal. The parties shall follow Rule IV (A) of the Court's Individual Practices with respect to
pretrial requests for filing under seal.

9.

Each person who has access to Confidential Discovery Material shall take all due precaution'>
to prevent the unauthorized or inadvertent disclosure of such material.

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Inadvertent Disclosure of Privileged Materials
10.

If, in connection with this litigation, and despite having taken reasonable steps to prevent the
disclosure of information that it claims is subject to a claim of attorney-client privilege or
attorney work product, a producing person inadvertently discloses information subject to a
claim of attorney-client privilege or attorney work product protection ("Inadvertently
Disclosed Information"), such disclosure, in itself, shall not constitute or be deemed a waiver
or forfeiture of any claim of privilege or work product protection with respect to the
Inadvertently Disclosed Information and its subject matter.

11.

If a disclosinll_person makes a claim of inadvertent disclosure, all receiving persons shall,
within five (5) business days, return or destroy all copies of the Inadvertently Disclosed
Information, and provide a certification of counsel that all such information has been
returned or destroyed.

12.

Within five (5) business days of the notification that such Inadvertently Disclosed
Information has been returned or destroyed, the disclosing person shall produce a privilege
log with respect to the Inadvertently Disclosed Information.

13.

Within one hundred and twenty (120) days after the conclusion of this case, counsel for the
parties who received Protected Documents shall either (a) return to any producing party the
Protected Documents that such producing party produced; or (b) securely destroy the
Protected Documents and certify such destruction to the producing party within one hundred
and fifty (150) days after the conclusion of this case. However, nothing in this paragraph
shall prevent the parties from complying with each sides' duty to maintain files as required
under the professional rules of responsibility.

14.

Inadvertent or unintentional production of documents or information containing confidential
information that should have been designated as Protected Document(s) shall not be deemed

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a waiver in whole or in part of the producing party's claims of confidentiality.
15.

If a receiving person thereafter moves the Court for an order compelling production of the
Inadvertently Disclosed Information, that motion shall be filed under seal, and shall not
assert as a ground for entering such an order the mere fact of the inadvertent production. The
disclosing person retains the burden of establishing the privileged or protected nature of any
Inadvertently Disclosed Information. Nothing in this Order shall limit the right of any party
to request an in camera review of the Inadvertently Disclosed Information.

16.

This Protective Order may not be waived, modified, abandoned or terminated, in whole or
part, except by an instrument in writirig signed by all parties. If any provision of this
Protective Order shall be held invalid for any reason whatsoever, the remaining provisions
shall not be affected thereby.

17.

After termination of this litigation, the provisions of this Order shall continue to be binding.
This Court retains and shall have jurisdiction over the parties and recipients of the Protected
Documents for enforcement of the provisions of this Order following termination of this
litigation.

18.

This Protective Order shall be binding upon the parties hereto, upon their attorneys, and upon
the parties, and their attorneys' successors, executors, personal representatives,
administrators, heirs, legal representatives, assigns, subsidiaries, divisions, employees,
agents, independent contractors, or other persons or organizations over which they have
control.
IT IS HEREBY ORDERED.

Barbara Moses
United States Magistrate Judge
July 16, 2021
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AGREED AND STIPULATED TO FOR ENTRY:
NOTICE AND HEARING ARE WAIVED:

Attorneys for Plaintiff, Cristian Sanchez

By: _ _ _ _ _ _ _ _ _ _

_

Attorneys for Defendant, American Mint LLC

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