Cilus v. NYU Langone Hospitals
STIPULATION AND PROTECTIVE ORDER:...regarding procedures to be followed that shall govern the handling of confidential material. This stipulation binds the parties to treat as confidential the documents so classified. This Court,however, has not revi ewed the documents referenced herein; therefore, by so ordering this stipulation, the Court makes no finding as to whether the documents are confidential. That finding will be made, if ever, upon a document-by-document review pursuant to the procedur es set forth in the Court's Individual Rules and Practices and subject to the presumption in favor of public access to judicial documents." See generally Lugosch v. Pyramid Co. of Onondaga, 435 F.3d 110, 119-20 (2d Cir. 2006). To that end, the Court does not "so order" any provision to the extent that it purports to authorize the parties to file documents under seal without a prior court order. See New York ex rel.Khurana v. Spherion Corp., No. 15-CV-6605 (JMF), 2019 WL 3294170 (S.D.N.Y. July 19, 2019). SO ORDERED. (Signed by Judge Jesse M. Furman on 5/19/2023) (ama)
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Case No. 1:23-cv-00440
STIPULATION AND PROPOSED
NYU LANGONE HOSPITALS,
WHEREAS, the Parties having agreed to the following terms of confidentiality, and the
Court having found that good cause exists for the issuance of a confidentiality order pursuant to
Rule 26 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;
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
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)
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 work product
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.
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.
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.
SO STIPULATED AND AGREED:
/s/ Alex Rissmiller
5 Pennsylvania Plaza, 19th Floor
New York, New York 10001
Attorneys for Plaintiff Sophiana Cilus
The Chrysler Building
405 Lexington Avenue
New York, New York 10174
Attorneys for Defendant NYU Langone
Dated: May 19, 2023
Dated: May 19, 2023
JESSE M. FURMAN, U.S.D.J.
Dated: New York, New York
This stipulation binds the parties to treat as confidential the documents so classified. This Court,
however, has not reviewed the documents referenced herein; therefore, by so ordering this stipulation,
the Court makes no finding as to whether the documents are confidential. That finding will be made, if
ever, upon a document-by-document review pursuant to the procedures set forth in the Court’s
Individual Rules and Practices and subject to the presumption in favor of public access to “judicial
documents.” See generally Lugosch v. Pyramid Co. of Onondaga, 435 F.3d 110, 119-20 (2d Cir.
2006). To that end, the Court does not “so order” any provision to the extent that it purports to
authorize the parties to file documents under seal without a prior court order. See New York ex rel.
Khurana v. Spherion Corp., No. 15-CV-6605 (JMF), 2019 WL 3294170 (S.D.N.Y. July 19, 2019).
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
Dated: ________ ___, 2023
Signed in the presence of:
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