Olshan Frome Wolosky LLP v. Ratner
Filing
20
CONFIDENTIALITY ORDER...regarding procedures to be followed that shall govern the handling of confidential material...SO ORDERED (Signed by Judge John G. Koeltl on 10/24/2024) (ks)
Case 1:23-cv-08596-JGK
Document 19-1
Filed 10/23/24
Page 1 of 5
,
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
----------------------------------------------x
FILED ELECTRONICALLY
Index No: 1:23-cv~6-JGK
OLSHAN FROME WOLOSKY,
g,-c;, ft
Plaintiff,
CONFIDENTIALITY ORDER
-against-
BRETT RATNER,
Defendant.
----------------------------------------------x
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 on this _ _ day of _ _ __, 2024 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 and any third-party responding to a discovery request may
designate any document, information, or testimony, in whole or in part; as confidential if counsel
determines, in good faith, that such designation is necessary to protect the interests of the
designating party in information that is proprietary, a trade secret or otherwise sensitive non-public
infonnation. 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:
1
Case 1:23-cv-08596-JGK
Filed 10/23/24
Page 2 of 5
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
The Court (including the mediator, or other person having access to any
Confidential Information by virtue ofhis or her position with the Court).
d.
5.
Document 19-1
Before 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 fonn 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 Infonnation. 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.
If a party inadvertently discloses Confidential Information, the party should
immediately inform the other parties and take steps necessary to remediate the inadvertent
disclpsure.
Any Personally Identifying Information ("PU") (e.g.• social security numbers,
8.
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 PIT 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
oflegal rights and defenses in the event oflitigation arising out of the receiving party's failure to
appropriately protect Pll from unauthorized disclosure.
2
Case 1:23-cv-08596-JGK
Document 19-1
Filed 10/23/24
Page 3 of 5
9.
Pursuant to Federal Rule of Evidence 502, the production of privileged or workproduct protected documents or communications, electronically stored information ("ESf') 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.
10.
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.
11.
At the conclusion of litigation. which includes the exhaustion of all appeals and/or
expiration of the time within which to file therefor, each party, or other individual subject to the
terms hereof, shall be under an obligation to protect all material designated as Confidential. If
requested after the conclusion of this litigation, if request~ each party agrees within sixty (60)
days such request, (a) to shall destroy,.to the best of its ability, all originals and unmarked copies
of documents and things produced as Confidential. material that they received from the producing
party; and (b) to certify in writing that it bas undertaken its best efforts to destroy such documents,
and that such documents have been destroyed to the best of its knowledge. Notwithstanding
anything to the contrary, counsel of record for each of the Parties may retain a copy of documents
constituting work product that contain and/or constitute Confidential material, as well as copies of
all transcripts and pleadings, including any exlu'bits attached thereto, and copies of all submissions,
for archival purposes, subj~t to the provisions of this Discovery Confidentiality Order. The
obligation set forth in this paragraph does not require the search or destruction of data on back-up
media or e-mail.
Nothing herein shall preclude the parties from disclosing material designated to be
12.
Confidential Information if otherwise required by law or pursuant to a valid subpoena.
13.
No information that is in the public domain, or which is already known by the
receiving party through proper means, or which is or becomes available to a party from a source
other than the party asserting confidentiality, rightfully in possession of such information on a nonconfidential basis, shall be deemed or considered to be Confidential material under this Discovery
Confidentiality Order.
14.
This Order is not binding on the Court or Court personnel. The Court reserves the
right to amend it at any time.
3
Case 1:23-cv-08596-JGK
Document 19-1
Filed 10/23/24
Page 4 of 5
SO STIPULATED AND AGREED.
EPSTEIN OSTROVE, LLC
Attorneys for Defendant/Counterclaim
Plaintiff
OLSHAN FROME WOLOSKY LLP
Attorneys for Plaintiff
By:
S,01r
:s ~
sq.
By: Isl Elliot D. Ostrove
Elliot D. Ostrove, Esq.
Thomas J. Fleming
Scott Shaffer, Esq.
43 West 43rd Street, Suite 139
New York, NY 10036
Telephone: 646-300-8600
1325 Avenue of the Americas
New York, NY 10019
Telephone: 212.451.2300
Fax: 212.451.2222
E-mail: tfleming@olsbanlaw.com;
sshaffer@olshanlaw.com
-And200 Metroplex Drive, Suite 304
Edison, New Jersey 08817
Telephone: 732-828-8600
Fax:732-828-8601
E-mail: e.ostrove@epsteinostrove.com
SO ORDERED.
4
Case 1:23-cv-08596-JGK
Document 19-1
Filed 10/23/24
Page 5 of 5
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)
5
I
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?