Wu v. JP Morgan Chase Bank, N.A.

Filing 54

STIPULATION OF CONFIDENTIALITY AND PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material... SO ORDERED, with the further caveat that nothing in this Stipulation and Order excuses the parties from their obligation to comply with section 4 of the Court's Individual Rules and Practices in Civil Cases, which governs redacted and sealed filings. The Clerk of Court is respectfully directed to close Docket Number 53., Motions terminated: 53 MOTION for Protective Order . filed by JP Morgan Chase Bank, N.A.. (Signed by Judge John P. Cronan on 9/25/2024) (jca)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
---------------------------------------------------------------X
,
Shuang You Wu
Plaintiff,

File No. 23-cv-00763 (JPC)
STIPULATION OF
CONFIDENTIALITY AND
PROTECTIVE ORDER

-againstDefendant.
---------------------------------------------------------------X
JPMorgan Chase Bank, N.A.

WHEREAS, the parties intend to produce certain documents pursuant to Rule 26 of the
Federal Rules of Civil Procedure that they deem to be confidential or otherwise inappropriate for
public disclosure; and
WHEREAS, the parties will only produce these documents if appropriate protection for
their confidentiality is assured; and
WHEREAS, good cause exists for the entry of an order pursuant to Rule 26(c) of the
Federal Rules of Civil Procedure;
NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED, by and
among the attorneys for plaintiff and defendants, as follows:
1. As used herein, “Action” shall mean the pending action between plaintiff and defendant
captioned
2. “Confidential Materials” shall mean (a) AS WELL AS other documents and information that
may in good faith, during the pendency of this litigation, be designated “Confidential Material”
by the defendants, plaintiff, or the Court, except that such documents and information shall not
be designated “Confidential Materials” to the extent that they relate to the incident(s) underlying
the Complaint in the action, are obtained by the parties by subpoena or pursuant to the New York
Freedom of Information Law (“FOIL”), or are otherwise publicly available.
3. The parties’ attorneys shall not use Confidential Materials produced in discovery in
this Action for any purpose other than the evaluation, preparation, presentation or settlement of
claims or defenses in the Action.
4. The parties’ attorneys shall not disclose the Confidential Materials to any person other
than a party to this Action, an attorney of record for that party for this Action, or any member of
the staff of that attorney’s office for this Action, except under the following conditions:
a. Disclosure may be made for the purpose of preparing or presenting a party’s claims or
defenses in the Action.

b. Disclosure may also be made to an expert or consultant who has been retained or
specially employed by a party’s attorneys in anticipation of litigation or preparation for trial of
the Action, to a witness at a deposition or in preparation for testimony at a deposition or trial, or
to the Court.
c. Before any disclosure is made to a person listed in subparagraph (b) above (other than
to the Court or to a witness at a deposition), the parties’ attorneys shall provide each such person
with a copy of this Stipulation and Order of Confidentiality, and such person shall consent in
writing, in the form annexed hereto as Exhibit A, not to use the Confidential Materials for any
purpose other than in connection with the prosecution, defense, or settlement of the Action and
not to make further disclosure of the Confidential Materials, except in testimony taken in the
Action. The parties’ attorneys shall retain the signed consent and furnish a copy to adversary
counsel upon request at a deposition or immediately before trial, although the name of an expert
that the party does not intend to call as a trial witness may be redacted from such a consent before
it is produced.
5.
Counsel for the parties may designate deposition exhibits or portions of deposition
transcripts as Confidential either by: (a) indicating on the record during the deposition that a
question relates to Confidential Materials, in which event the reporter will bind the transcript of
the designated testimony in a separate volume and mark it as “Confidential;” or (b) notifying the
reporter and all counsel of record, in writing, within 30 days of receipt of the transcript, of the
specific pages and lines of the transcript that are to be designated “Confidential,” in which event
all counsel receiving the transcript will be responsible for marking the copies of the designated
transcript in their possession or under their control as directed by the designating party’s counsel.
6.
If counsel for any party objects to the designation of any Confidential Materials as
confidential, such counsel shall state such objection in writing to the designating counsel, and
counsel shall in good faith attempt to resolve such conflict. If the conflict cannot be resolved
among counsel, the objecting attorney may request that the Court remove the designation. Any
such materials or information shall be treated as Confidential until the parties resolve the conflict
or the Court issues its ruling regarding the conflict.
Any party seeking to file papers with the Court that incorporate Confidential
7.
Materials or reveal the contents thereof shall first make an application to the Court for
permission to file under seal the specific portions of those papers disclosing Confidential
Materials and shall indicate whether any other party objects to that request. No materials shall be
filed under seal unless the Court has issued an order approving the filing, in which event the
filing shall follow the District Court rules applicable to filing under seal.
8.
Nothing in this Stipulation shall be construed to limit a producing party’s use of
their own Confidential Materials in any manner, or to limit the use of Confidential Materials or
their contents to the extent that they are publicly available or have been provided to a party
through other lawful means, such as a subpoena or FOIL request.

9.

This Stipulation shall be binding upon the parties immediately upon signature and

shall be submitted to the Court for entry as an Order.
10.
This Stipulation will survive the termination of the litigation and will continue to
be binding upon all persons to whom Confidential Materials are produced or disclosed. All
documents or information that have been deemed confidential pursuant to this order, including
all copies and non-conforming copies thereof, shall remain confidential for all time. Within 30
days of the final disposition of this action, including all appeals, the Confidential Materials,
including all copies and non-conforming copies thereof whether in the possession of any party or
any other person receiving Confidential Materials pursuant to Paragraph “4” herein, shall be
promptly returned to counsel for adversary counsel, or, upon consent of counsel for adversary
counsel, destroyed.
11. The Court will retain jurisdiction over all persons subject to this Stipulation to the
extent necessary to enforce any obligations arising hereunder or to impose sanctions for any
contempt thereof. Additionally, the Court reserves the right, in its sole discretion, to modify this
Stipulation and Order of Confidentiality at any time.
September 23, 2024
Dated: __________________

New York, New York
THE LAW OFFICE OF FRED
LICHTMACHER P.C.

SHERMAN ATLAS SYLVESTER
STAMELMAN LLP

Attorney for Plaintiff
116 West 23rd Street, Suite 500
New York, NY 10011

Attorneys for Defendant,
JPMorgan Chase Bank, N.A.

By: ___________________________
/s/ Fred Lichtmacher

By: /s/ Lauren C. Watson
Lauren C. Watson

Fred Lichtmacher
Dated: September 25, 2024
New York, New York

SO ORDERED, with the further caveat that nothing in this Stipulation and Order excuses the parties
from their obligation to comply with section 4 of the Court’s Individual Rules and Practices in Civil
Cases, which governs redacted and sealed filings. The Clerk of Court is respectfully directed to
close Docket Number 53.

EXHIBIT A

The undersigned hereby acknowledges that (s)he has read the Stipulation and Order of
Confidentiality entered in the United States District Court for the Eastern District of New York
in the action entitled and understands the terms thereof. The undersigned agrees not to use the
Confidential Materials defined therein for any purpose other than in connection with the
prosecution of this Action, and will not further disclose the Confidential Materials except in
testimony taken in this Action.

________________________ ______________________________
Date Signature
______________________________
Print Name
______________________________
Occupation