Acker Merrall & Condit Co. v. Federal Insurance Company
Filing
26
CONFIDENTIALITY STIPULATION AND PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material... (Signed by Judge P. Kevin Castel on 5/10/2024) (sgz)
Case 1:23-cv-10560-PKC Document 24 Filed 05/06/24 Page 1 of 4
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
ACKER MERRALL & CONDIT CO.
Plaintiff,
vs.
23-cv-10560 (PKC)
CONFIDENTIALITY STIPULATION
AND PROTECTIVE ORDER
FEDERAL INSURANCE COMPANY.
Defendant.
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 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 may designate any document or information, in whole or in
part, as confidential if counsel determines, in good faith, that such designation is necessary to
protect the interests of the client in information that is proprietary, a trade secret, or otherwise
sensitive non-public information, including but not limited to information related to Plaintiff’s
clients (“Confidential Information”). 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.
except:
4.
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Documents designated as “CONFIDENTIAL” shall not be disclosed to any person,
(a)
The requesting party and counsel, including in-house counsel, and any
employees, officers, directors or representatives of the parties, who are, in the
normal course of business, involved in the oversight of this litigation or the
claim at issue therein;
(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;
Case 1:23-cv-10560-PKC Document 24 Filed 05/06/24 Page 2 of 4
(d)
Regulators, auditors, and reinsurers;
(e)
Other persons or witnesses to the extent that the Confidential Information
was written by or to such person or witness or refers to such person or
witness;
(f)
Other persons or witnesses where counsel for either party believes in good
faith that the disclosure of such Confidential Information to such person or
witness is necessary in connection with their involvement in the litigation;
and
(g)
The Court (including the mediator, or other person having access to any
Confidential Information by virtue of his or her position with the Court).
The parties should meet and confer if any production requires a designation of “For
Attorneys’ or Experts’ Eyes Only.”
5.
Prior to disclosing or displaying the Confidential Information to any person outside
those identified in Paragraph 4, 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 form 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 Information. If so designated, the document or information shall
thereafter be treated as Confidential Information subject to all the terms of this Stipulation and
Order.
7.
Any Personally Identifying Information (“PII”) (e.g., social security numbers,
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.
8.
Pursuant to Federal Rule of Evidence 502, the production of privileged or work
product protected documents or communications, electronically stored information (“ESI”) 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). A
party making such inadvertent disclosure of privileged material may claw back the document by
notifying the party receiving the document of the claim of privilege, identifying the document(s)
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Case 1:23-cv-10560-PKC Document 24 Filed 05/06/24 Page 3 of 4
by document title or bates or serial number, and stating the basis for the claim of privilege or
protection. Within ten days of receiving such notice: (a) the party that has received the privileged
document must return or destroy all copies of the identified documents, and confirm same in
writing to the party that produced the privileged document; and (b) the party that produced the
privileged document must provide a privilege log of the identified documents. 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.
9.
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.
10.
At the conclusion of litigation, Confidential Information and any copies thereof
shall be promptly (and in no event later than 30 days after entry of final judgment no longer subject
to further appeal) returned to the producing party or certified as destroyed, except that the parties’
counsel shall be permitted to retain their working files on the condition that those files will remain
protected.
11.
Nothing herein shall preclude the parties from disclosing material designated to be
Confidential Information if otherwise required by law or pursuant to a valid subpoena.
SO STIPULATED AND AGREED.
Dated
May 6, 2024
New York, New York
ANDERSON KILL PC
GORDON REES SCULLY
MANSUKHANI LLP
/s/ Scott Schmookler
Scott Schmookler
Colleen L. Foster
One North Franklin, Ste. 800
Chicago, IL 60606
Counsel for Defendant
/s/ John M. Leonard
Joshua Gold
John M. Leonard
1251 Avenue of the Americas
New York, NY 10020
Counsel for Plaintiff
SO ORDERED
HON. P. KEVIN CASTEL
docs-100691072.1
Dated: 5/10/2024
New York, NY
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Case 1:23-cv-10560-PKC Document 24 Filed 05/06/24 Page 4 of 4
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: , 20
Name (printed)
Signature
Signed in the presence of:
(Attorney)
docs-100691072.1
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