Ohanjanyan v. NYU Langone Medical Center

Filing 15

STIPULATED CONFIDENTIALITY AGREEMENT AND PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material...SO ORDERED (Signed by Judge Dale E. Ho on 2/5/2024) (ks)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
TAMARA OHANJANYAN,
Plaintiff,
v.

Civil No.: 1:23-CV-8775-DEH

NYU LANGONE MEDICAL CENTER,
Defendant.
STIPULATED CONFIDENTIALITY AGREEMENT
AND PROTECTIVE ORDER
WHEREAS, all the parties to this action (collectively, the “Parties” and individually, a
“Party”) request that this Court issue a protective order pursuant to Federal Rule of Civil
Procedure 26(c) to protect the confidentiality of nonpublic and sensitive information that they
may need to disclose in connection with discovery in this action;
WHEREAS, the Parties, through counsel, agree to the following terms; and
WHEREAS, this Court finds good cause exists for issuance of an appropriately tailored
confidentiality order;
IT IS HEREBY ORDERED that any person subject to this Order – including, without
limitation, the Parties to this action (including their respective corporate parents, successors, and
assigns), their representatives, agents, experts and consultants, all third parties providing
discovery in this action, and all other interested persons with actual or constructive notice of this
Order – will adhere to the following terms, upon pain of contempt:
1. 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.

2. With respect to “Discovery Material” (i.e., information of any kind produced or
disclosed in the course of discovery in this action) that a person has designated as “Confidential”
pursuant to this Order, no person subject to this Order may disclose such Confidential Discovery
Material to anyone else except as this Order expressly permits.
3. Documents and information that may be designated as “Confidential” for the
purposes of this Action shall include but are not limited to: proprietary information or trade
secrets associated with Defendant’s business operations; compensation and benefits information;
disciplinary and termination records; personnel information of third-parties; any information of a
personal or intimate nature regarding any individual, including but not limited to, personnel and
medical records, and information or documents that contain, reflect or pertain to personal
information of Defendant’s current or former employees, such as a social security number, tax
identification number, address or contact information; information protected from disclosure by
HIPAA; information protected from disclosure by New York Public Health Law Section 2805m; and all communications involving any of the foregoing areas (“Confidential Material”).
4. The Parties shall act in good faith in designating documents or information hereunder
as Confidential Material. This Order also shall apply to Confidential Material used or revealed
during a deposition or in answers to interrogatories. The Parties shall address with the Court at
the final pretrial conference the use of Confidential Material at a hearing or trial or other
proceeding. It is agreed and understood by Plaintiff and Defendant that such documents and/or
information may contain highly confidential and/or proprietary information. The Party or person
producing or disclosing Discovery Material (the “Producing Party”) may designate it as
confidential if counsel determines, in good faith, that such designation is necessary to protect an
interest described in Federal Rule of Civil Procedure 26(c)(1).

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5. With respect to the Confidential portion of any Discovery Material other than
deposition transcripts and exhibits, the Producing Party or its counsel may designate such portion
as “Confidential” by stamping or otherwise clearly marking as “Confidential” the protected
portion in a manner that will not interfere with legibility or audibility.
6. A Producing Party or its counsel may designate deposition exhibits or portions of
deposition transcripts as Confidential Discovery Material either by: (a) indicating on the record
during the deposition that a question calls for Confidential information, in which case the
reporter will bind the transcript of the designated testimony in a separate volume and mark it as
“Confidential Information Governed by Protective Order;” or (b) notifying the reporter and all
counsel of record, in writing, within thirty (30) days after a deposition has concluded or a time
otherwise agreed to by counsel for the Parties, of the specific pages and lines of the transcript
that are to be designated “Confidential,” in which case 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 Producing Party or that person’s counsel. During the 30-day period or
time otherwise agreed to by counsel for the Parties following a deposition, all Parties will treat
the entire deposition transcript as if it had been designated Confidential.
7.

All materials designated as Confidential Material shall be clearly marked

“Confidential” or “Confidential For Attorneys’ or Experts’ Eyes Only” on the face of the
document. In lieu of marking the originals of documents, the Parties may mark the copies that
are produced or exchanged.
8. If at any time before the trial of this action a Producing Party realizes that it should
have designated as Confidential some portion(s) of Discovery Material that it previously
produced without limitation, the Producing Party may so designate such material by so apprising

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all prior recipients in writing. Thereafter, all persons subject to this Order will treat such
designated portion(s) of the Discovery Material as Confidential.
9. Nothing contained in this Order will be construed as: (a) a waiver by a Party or person
of its right to object to any discovery request; (b) a waiver of any privilege or protection; (c) a
waiver of any right to seek a court determination of whether particular discovery material should
be produced; or (d) a ruling regarding the admissibility at trial of any document, testimony, or
other evidence.
10. Where a Producing Party has designated Discovery Material as Confidential, other
persons subject to this Order may disclose such information only to the following persons:
(a)

the Parties to this action, their insurers, and counsel to their insurers;

(b)

counsel retained specifically for this action, including any paralegal,
clerical, or other assistant that such outside counsel employs and
assigns to this matter;

(c)

in-house counsel, including any paralegal, clerical, or other assistant
that such in-house counsel assigns to this matter;

(d)

outside vendors or service providers (such as copy-service providers
and document-management consultants) that counsel (outside and/or
in-house) hire and assign to this matter;

(e)

any mediator or arbitrator that the Parties engage in this matter or that
this Court appoints, provided such person has first executed a NonDisclosure Agreement in the form annexed hereto as Exhibit 1;

(f)

any witness who counsel (outside and/or in-house) for a Party in good
faith believes may be called to testify at trial or deposition in this

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action, provided such person has first executed a Non-Disclosure
Agreement in the form annexed hereto as Exhibit 1;
(g)

any person a Party retains to serve as an expert witness or otherwise
provide specialized advice to counsel in connection with this action,
provided such person has first executed a Non-Disclosure Agreement
in the form annexed hereto as Exhibit 1;

(h)

stenographers engaged to transcribe depositions the Parties conduct in
this action; and

(i)

this Court, including any appellate court, its support personnel, and
court reporters.

11. Before disclosing any Confidential Discovery Material to any person referred to in
subparagraphs 7(e), 7(f), or 7(g) above, counsel must provide a copy of this Order to such
person, who must sign a Non-Disclosure Agreement in the form annexed hereto as Exhibit 1,
stating that he or she has read this Order and agrees to be bound by its terms. Said counsel must
retain each signed Non-Disclosure Agreement, hold it in escrow, and produce it to opposing
counsel either before such person is permitted to testify (at deposition or trial) or at the
conclusion of the case, whichever comes first.
12. The Court also retains discretion whether to afford confidential treatment to any
Discovery Material designated as Confidential and submitted to the Court in connection with any
motion, application, or proceeding that may result in an order and/or decision by the Court. All
persons are hereby placed on notice that the Court is unlikely to seal or otherwise afford
confidential treatment to any Discovery Material introduced into evidence at trial, even if such
material has previously been sealed or designated as Confidential.

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13. In filing Confidential Discovery Material with this Court, or filing portions of any
pleadings, motions, or other papers that disclose such Confidential Discovery Material
(“Confidential Court Submission”), the Parties shall publicly file a redacted copy of the
Confidential Court Submission via the Electronic Case Filing System. The Parties shall file an
unredacted copy of the Confidential Court Submission under seal with the Clerk of this Court, in
accordance with the Local Rules for the Southern District of New York and the Court’s
Individual Practices, and the Parties shall serve this Court and opposing counsel with unredacted
courtesy copies of the Confidential Court Submission.
14. Before filing Confidential Material with this Court, or filing portions of any
pleadings, motions, or other papers that disclose such Confidential Material, the Filing Party
must notify the remaining Parties and provide a copy of the Confidential Material. If within
three (3) business days of such notification, any Party advises the Filing Party that the
Confidential Material must be filed under seal, the Filing Party shall file according to the
Court’s Individual Rule 6.
15. Any Party who objects to any designation of confidentiality may, at any time before
the trial of this action, serve upon counsel for the Producing Party a written notice stating with
particularity the ground of the objection. If the Parties cannot reach agreement promptly,
counsel for all affected Parties will address their dispute with the Court in accordance with the
Local Rules for the Southern District of New York and the Court’s Individual Practices. Any
documents or information that are designated as Confidential Material shall be treated as such
unless and until the Court rules that such materials are not confidential. The burden of
establishing confidentiality remains at all times on the party asserting confidentiality.
16. Any Party who requests additional limits on disclosure (such as “attorneys’ eyes

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only” in extraordinary circumstances), may, at any time before the trial of this action, serve upon
counsel for the recipient Parties, a written notice stating with particularity the grounds for the
request. If the Parties cannot reach agreement promptly, counsel for all of the affected Parties
will address their dispute to this Court in accordance with paragraph 4(j) of this Court’s
Individual Rules and Practices.
17. Recipients of Confidential Discovery Material under this Order may use such material
solely for the prosecution and defense of this action and any appeals thereto, and not for any
business, commercial, or competitive purpose or in any other litigation proceeding. Nothing
contained in this Order, however, will affect or restrict the rights of any Party with respect to its
own documents or information produced in this action.
18. Nothing in this Order will prevent any Party from producing any Confidential
Discovery Material in its possession in response to a lawful subpoena or other compulsory
process, or if required to produce by law or by any government agency having jurisdiction,
provided that such Party gives written notice to the Producing Party as soon as is reasonably
possible, and if permitted by the time allowed under the request, at least ten (10) days before any
disclosure. Upon receiving such notice, the Producing Party will bear the burden to oppose
compliance with the subpoena, other compulsory process, or other legal notice if the Producing
Party deems it appropriate to do so.
19. Nothing in this Order shall be deemed to preclude counsel (outside and/or in-house)
for each respective Party from providing legal advice to such Party based on and by reference to
Confidential Discovery Material properly maintained, produced, and/or received in accordance
with this Order.
20. Each person who has access to Discovery Material designated as Confidential

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pursuant to this Order must take all due precautions to prevent the unauthorized or inadvertent
disclosure of such material.
21. Within sixty (60) days of the final disposition of this action – including all appeals –
all recipients of Confidential Discovery Material must either return it – including all copies
thereof – to the Producing Party, or certify such material as destroyed – including all copies
thereof. In either event, by the 60-day deadline, the recipient must certify its return or
destruction by submitting a written certification to the Producing Party that affirms that it has not
retained any copies, abstracts, compilations, summaries, or other forms of reproducing or
capturing any of the Confidential Discovery Material. Notwithstanding this provision, the
attorneys that the Parties have specifically retained for this action may retain an archival copy of
all pleadings, motion papers, transcripts, expert reports, legal memoranda, correspondence, or
attorney work product, even if such material contains Confidential Discovery Material on the
condition that those files will remain protected. Any such archival copies that contain or
constitute Confidential Discovery Material remain subject to this Order. Pursuant to Federal Rule
of Evidence 502, any inadvertent production of materials protected by any privilege or
immunity, including but not limited to the attorney-client privilege, the attorney work-product
doctrine, or any other applicable privilege or immunity (“Privileged Materials”), shall not be
deemed a waiver of said privilege or immunity provided that the Producing Party notifies the
receiving party of the inadvertent production.
22. If a Producing Party realizes it has inadvertently produced a document it considers to
be privileged, it may contact the receiving party and notify it of such inadvertent disclosure.
Specifically, the Producing Party must:
(a)

Notify the receiving party in writing of the delivery of inadvertently

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produced documents; and
(b)

Identify the produced documents:
i. By either Bates stamp number designations; or
ii. By the date(s) of the document(s), the name(s) of its author(s) and the
name(s) of each person to whom the document(s) were addressed; and

(c)

Identify the basis for the claim of privilege.

23. Upon receipt of the written notice request, the receiving party will return the
inadvertently produced privileged documents, and all copies thereof, within thirty (30) days or a
time otherwise agreed to by counsel for the Parties to the Producing Party, and all notes made
regarding such documents must be immediately destroyed, unless the receiving party presents
the information to the Court under seal for determination pursuant to the Court’s Individual Rule
6.
24. Once executed by all parties, the Order shall be treated by the parties as an Order of
Court until it is formally approved by the Court.
25. This Order will survive the termination of the litigation and will continue to be
binding upon all persons to whom Confidential Discovery Material is produced or disclosed.
26. This Court will retain jurisdiction over all persons subject to this Order to the extent
necessary to enforce any obligations arising hereunder or to impose sanctions for any contempt
thereof.

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SO STIPULATED AND AGREED.
Dated: February 2, 2024

GISKAN SOLOTAROFF
& ANDERSON LLP

HODGSON RUSS LLP

By: s/ David O’Brien, Esq.
David O’Brien, Esq.
90 Broad Street
New York, New York 10004
Tel: [phone]

By: s/ Jodyann Galvin, Esq.
Jodyann Galvin, Esq.
140 Pearl Street, Suite 100
Buffalo, NY 14202
Tel: [phone]

Counsel for Plaintiff

Counsel for Defendant

SO ORDERED.
February 5, 2024
Dated: ___________
By:________________________________
Hon. Dale E. Ho
U.S. District Judge

New York, New York

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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
TAMARA OHANJANYAN,
Plaintiff,
v.

Civil No.: 23-CV-8775

NYU LANGONE MEDICAL CENTER,
Defendant.

EXHIBIT 1
I, _____________________________, acknowledge that I have read and understand
the Protective Order in this action governing the non-disclosure of those portions of Discovery
Material that have been designated as Confidential. I agree that I will not disclose such
Confidential Discovery Material to anyone other than for purposes of this litigation and that at
the conclusion of the litigation I will return all discovery information to the Party or attorney
from whom I received it. By acknowledging these obligations under the Protective Order, I
understand that I am submitting myself to the jurisdiction of the United States District Court for
the Southern District of New York for the purpose of any issue or dispute arising hereunder and
that my willful violation of any term of the Protective Order could subject me to punishment for
contempt of Court.
Dated: ___________, 20__

16747919v3

By:_____________________________
(signature)
____________________________
(name)
____________________________
(address)

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