Murray v. City of New York et al

Filing 51

STIPULATION AND PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material...SO ORDERED. (Signed by Judge Paul A. Engelmayer on 3/12/2025) (jca)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORI(
------------~------------------------------ X

ELMORE MURRAY,
Plaintiff,

STIPULATION AND
PROTECTIVE ORDER
No. 23-CV-10031 (PAE)

-againstCITY OF NEW YORK, and OFFICE OF THE
BRONX DISTRICT ATTORNEY,
Defendants.
------------------------------------------------------- X

WHEREAS, Plaintiff may seek certain documents and information from
Defendants City ofN ew York and Office of the Bronx District Attorney in discovery in this action,
which Defendants deem to be confidential ("Confidential Information"); and
WHEREAS, Defendants would object to the production of those documents and
information unless appropriate protection for their confidentiality is assured.
IT IS THEREFORE AGREED BY AND BETWEEN THE PARTIES AND
ORDERED THAT:
1. ·

As used herein, "Confidential Materials" shall mean all documents provided

to Plaintiff by Defendants' counsel concerning current or former employees of the City of New
York and/or the Office of the Bronx District Attorney and all documents concerning current or
former employees of the City of New York and the Office of the Bronx District Attorney which
are contained in the personnel, time and attendance, performance evaluation, disciplinary, labor
relations, Equal Employ.ment Opportunity ("EEO") or medical, physical and computerized files of
the Defendants, and the information contained therein, except that such documents and
information shall not be deemed "Confidential Materials" to the extent, and only to the extent, that

they are (a) obtained ·by Plaintiff from sources other than Defendants or Defendants'
representatives or agents, or (b) are otherwise publicly available.
2.

Neither Plaintiff nor her attorney shall use the Confidential Materials for

any purpose other than for the preparation or presentation of her case in this action and/or any
appeal thereof.
3.

Neither Plaintiff nor her attorney shall disclose the Confidential Materials

to any person except under the following conditions:
(a)

Disclosure may be made only if necessary to the preparation or presentation
of Plaintiffs case in this action.

(b)

Disclosure before trial may be made only to an expert who has been retained
or specially employed by Plaintiff in anticipation oflitigation or preparation
for this action, to a witness at deposition, or to the Court.

(c)

Before any disclosure is made to a person listed in subparagraph (b) above
(other than to the Court), Plaintiff shall provide each such person with a
copy of this Stipulation and Protective Order, 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 of this case and not to further disclose the Confidential
Materials except in testimony taken in this case. The signed consent shall
be retained by Plaintiff and a copy shall be furnished to Defendants'
attorneys upon their request.

4.

Deposition testimony concerning any Confidential Materials that reveals

the contents of such materials shall be deemed confidential, and the transcript of such testimony,

2

together with any exhibits which contain Confidential Materials referred to therein, shall be
separately bound, with a cover page prominently marked "CONFIDENTIAL." Such portion of the
transcript shall be deemed to be Confidential Materials within the meaning of this Stipulation and
Protective Order.
5.

If any paper which incorporates Confidential Materials or reveals the

contents thereof is filed in this Court, the parties hereto may apply to the Court to seal those
portions of the papers. Upon obtaining leave of the Court to file documents under seal, the
Confidential Materials will be filed in accordance with the Court's procedures for E-filing sealed
documents in civil cases.
6.

However, where the confidential information contained in a document is

not material to issues addressed in Comt submissions and the parties agree that the redaction of
personal, confidential and/or identifying information would be sufficient to protect the interests of
parties or non-parties, the parties may file redacted documents.
7.

Within thirty (30) days after the termination of this case, including any

appeals, the Confidential Materials, including all copies, notes, and other materials containing or
referring to information derived therefrom, shall be destroyed by Plaintiff.
8.

Nothing in this Stipulation and Protective Order shall be construed to limit

any party's use of the Confidential Materials in any manner.
9.

A facsimile or electronic signature on this Stipulation and Protective Order

shall have the same effect as an original signature.

J

Dated:

New York, New York
January 30, 2025

MURRAY PLUMB & MURRAY
Justin S. Clark
Attorney for Plaintiff
75 Pearl Street, Suite 300
Portland, ME 04104
[phone]
[e-mail]

MURIEL GOODE-TRUFANT

Corporation Counsel of the
City of New York
Attorney for Defendants
100 Church Street, Room 2-109(b)
New York, New York 10007
[phone]
[e-mail]
By:

By:

Isl Brandon Weisman

Brandon Weisman
Assistant Corporation Counsel

SO ORDERED:

Paul A. Engehnay~v

Date

4