056 Deli & Grocery Corp. et al v. United States of America et al

Filing 26

PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material...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 andsealed filings. SO ORDERED. (Signed by Judge John P. Cronan on 5/9/2024) (jca)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
056 DELI & GROCERY CORP., SANDRA
PICHARDO MEJIAS,
Plaintiffs,

23 Civ. 5557 (JPC)

v.
UNITED STATES OF AMERICA,
UNITED STATES DEPARTMENT OF
AGRICULTURE, FOOD AND NUTRITION
SERVICE,
Defendants.
PROTECTIVE ORDER
The parties have conferred and submitted this jointly proposed stipulation and protective
order (“Protective Order”) to the Court, which the Court hereby enters.
1.

This Protective Order is issued in accordance with the Privacy Act, 5 U.S.C. §

552a(b), the Food and Nutrition Act of 2008, 7 U.S.C. § 2020(e)(8), and the federal regulations
promulgated thereunder, 7 C.F.R. § 272.1(c) (collectively “the Acts”).
2.

This Protective Order applies to private information regarding electronic benefits

transfer (“EBT”) card recipients and competitor store information, covered by the Acts,
including but not limited to names, addresses, Food and Nutrition Service (“FNS”) numbers,
EBT card numbers, household numbers, and other confidential, proprietary, personal, or similar
information (“protected information”), contained in the certified administrative record in this
case.

3.

Pursuant to this Protective Order, Defendants (and their contractors, agents, and

employees) are hereby authorized to disclose to counsel for Plaintiffs the protected information
contained in the certified administrative record for purposes of the litigation of this action.
4.

Pursuant to this Protective Order, the parties are hereby ORDERED:
a. Not to release the protected information to the public or to anyone not
directly involved in the litigation of this action; and
b. To use the protected information only for the purpose of litigating this
action.

5.

Pursuant to this Protective Order, the parties may disclose the protected

information only to:
a. The attorneys of record for the parties and any support staff or other
employees of the attorneys of record for parties who are assisting in the
prosecution or defense of this action;
b. Plaintiffs, who may only read the protected information in the presence of
their attorney, but may not maintain, retain, keep, copy, or photograph the
protected information; and
c. The Court and the Court’s employees.
6.

The protected information shall not be filed or referenced in un-redacted format

on the docket in this case.
7.

Plaintiffs’ counsel shall ensure that each person to whom he discloses the

protected information, including Plaintiffs, shall, prior to any such disclosure, read and
understand this Protective Order, and acknowledge his or her agreement to be bound by this
Protective Order.

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8.

Neither Plaintiffs, nor their attorneys, nor any individual to whom they have made

disclosure, shall himself or herself make any further disclosure of the protected information.
9.

With the exception of the Court and the Court’s employees, at the conclusion of

this litigation, any person to whom the protected information has been disclosed pursuant to this
Protective Order shall return any and all protected information to counsel for Defendants and
shall certify in writing that the documents have been returned and any copies destroyed.
10.

Nothing in this Protective Order shall require production of information that is

prohibited from disclosure by other applicable privileges, statutes, regulations, or authorities.
11.

This Order does not constitute a ruling on the question whether any particular

document or category of information is properly discoverable, and does not constitute a ruling on
any potential objection to the discoverability, relevance, or admissibility of any document or
information.
12.

In the event Defendants inadvertently file protected information in un-redacted

format on the docket in this case, Defendants shall promptly seek leave from the Court to re-file
the relevant document, with the inadvertently disclosed protected information correctly redacted,
and the inadvertently disclosed protected information subsequently will be subject to the terms of
this Protective Order notwithstanding its previous inadvertent disclosure.
13.

Nothing in this Order shall prevent the disclosure of protected information to

governmental authorities for purposes of enforcement of criminal laws or in furtherance of civil
enforcement or regulatory proceedings.

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14.

This Protective Order shall remain in force even after the termination of this case.

SO STIPULATED AND AGREED TO BY:
Dated: May __,
8 2024
New York, New York

8 2024
Dated: May ___,
New York, New York

GEORGE A. ORTIZ

DAMIAN WILLIAMS
United States Attorney
Southern District of New York

By: _____________________________
GEORGE A. ORTIZ
101 Grandview Blvd, Suite 1D
Yonkers, NY 10710
Tel.: [phone]
[e-mail]
Counsel for Plaintiffs

By: _____________________________
ELIZABETH J. KIM
Assistant United States Attorney
86 Chambers Street, Third Floor
New York, New York 10007
Tel.: [phone]
[e-mail]
Counsel for Defendants

SO ORDERED.
Dated: New York, New York
May 9, 2024
__________________

HON. JOHN P. CRONAN
UNITED STATES DISTRICT JUDGE
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.

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