Raviv v. Mirror Biologics, Inc.

Filing 19

CONFIDENTIALITY STIPULATION AND PROTECTIVE ORDER:..regarding procedures to be followed that shall govern the handling of confidential material. And as set forth herein. SO ORDERED. (Signed by Magistrate Judge Sarah L Cave on 11/21/2022) (ama)

Case 1:22-cv-06847-SLC Document 19 Filed 11/21/22 Page 1 of 4

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
ADI RAVIV,
Plaintiff,
-against-

Case No.: 1-22-cv-06847 (SLC)

CONFIDENTIALITY
STIPULATION AND
PROTECTIVE ORDER

MIRROR BIOLOGICS, INC.,
Defendant.

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 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 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:
a.

The requesting party and counsel, including in-house counsel;

b.

Employees of such counsel assigned to and necessary to assist in
the litigation;

Case 1:22-cv-06847-SLC Document 19 Filed 11/21/22 Page 2 of 4

c.

Consultants or experts assisting in the prosecution or defense of the
matter, to the extent deemed necessary by counsel; and

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).

5.
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 as Exhibit A.

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)
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.
8.
Pursuant to Federal Rule of Evidence 502, the production of privileged or workproduct protected documents or communications, electronically stored information (“ESI”) or
information, whether inadvertent or otherwise, shall not constitute a waiver of the privilege or
protection from discovery in this case or in any 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.
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Case 1:22-cv-06847-SLC Document 19 Filed 11/21/22 Page 3 of 4

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 for requests for filing under seal.
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.
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.

Jonathan Rogin
Berger Webb Hone & Rogin, LLP
7 Times Square, 27th Floor
New York, NY 10036
212-319-1900
Attorneys for Plaintiff

Dated:

Brian C. Dunning
Dunning Rievman & MacDonald LLP
1350 Broadway, Suite 2120
New York, NY 10018
646-873-7522
Attorneys for Defendant

New York, New York
November 21, 2022
SO ORDERED.
SARAH L. CAVE
United States Magistrate Judge

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Case 1:22-cv-06847-SLC Document 19 Filed 11/21/22 Page 4 of 4

Exhibit A
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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