Sabic-El-Rayess v. Teachers College, Columbia University

Filing 64

STIPULATED AND ORDER FOR THE PRODUCTION AND EXCHANGE OF CONFIDENTIAL INFORMATION...regarding procedures to be followed that shall govern the handling of confidential material...This stipulation binds the parties to treat as confidential the documen ts so classified. This Court, however, has not reviewed the documents referenced herein; therefore, by so ordering this stipulation, the Court makes no finding as to whether the documents are confidential. That finding will be made, if ever, upon a d ocument-by-document review pursuant to the procedures set forth in the Court's Individual Rules and Practices and subject to the presumption in favor of public access to "judicial documents." See generally Lugosch v. Pyramid Co. of Ono ndaga, 435 F.3d 110, 119-20 (2d Cir. 2006). To that end, the Court does not "so order" any provision to the extent that it purports to authorize the parties to file documents under seal without a prior court order. See New York ex rel. Khurana v. Spherion Corp., No. 15-CV-6605 (JMF), 2019 WL 3294170 (S.D.N.Y. July 19, 2019). SO ORDERED: (Signed by Judge Jesse M. Furman on 3/7/25) (yv)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
DR. AMRA SABIC-EL-RAYESS,
Plaintiff,
v.

STIPULATION AND
ORDER FOR THE
PRODUCTION AND
EXCHANGE OF
CONFIDENTIAL
INFORMATION

TEACHERS COLLEGE, COLUMBIA UNIVERSITY,
Defendant.

Case No.: 1:24-cv-02891-JMF

THIS matter having come before the Court by stipulation of Plaintiff, Dr. Amra Sabic ElRayess, and Defendant, Teachers College, Columbia University, for the entry of a Protective Order
limiting the review, copying, dissemination and filing of confidential and/or proprietary documents
and information to be produced by either party and their respective counsel or by any non-party in
the course of discovery in this matter to the extent set forth below; and the parties, by, between
and among their respective counsel, having stipulated and agreed to the terms set forth herein, and
good cause having been shown;
IT IS hereby ORDERED that:
1.

This Stipulation is being entered into to facilitate the production, exchange

and discovery of documents and information that the parties agree merit confidential treatment
(hereinafter the “Documents” or “Testimony”).
2.

Either party may designate Documents produced, responses to a discovery

request, or Testimony given, in connection with this action as “Confidential,” either by notation
on the document, statement on the record of the deposition, written advice to the respective
undersigned counsel for the parties hereto, or by other appropriate means. In in the event that a

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party designates some or all of a witness’s deposition or other Testimony as “Confidential,” the
specific page and line designations over which confidentiality is claimed must be provided to
counsel for the non-designating party within fourteen (14) days of receipt of the final transcript
provided; however, the parties may agree to an extension of the deadline. In the absence of an
agreement on the record or in writing to the contrary, all deposition testimony shall be treated as
Confidential until the expiration of fourteen (14) days after receipt of the official transcript.
3.

As used herein:

(a)

“Confidential” information shall mean all Documents and

Testimony, and all information contained therein, and other information designated as
confidential, if such Documents or Testimony contain confidential information which would
invade the privacy rights of current and/or former employees if produced, including, personal
health information; trade secrets; intellectual property, proprietary information; competitive
information; research; student information; financial information; salary and other confidential
employment information or other information the disclosure of which would, in the good faith
judgment of the party designating the material as confidential, be detrimental to the party, the
conduct of that party’s business or institution, the business of any of that party’s employees,
vendors, customers or clients.

(b)

“Producing Party” shall mean the party to this action and any third-

party producing “Confidential” information in connection with depositions, document
productions, or otherwise.

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(c)

“Receiving Party” shall mean the party to this action and any non-

party receiving “Confidential” information in connection with depositions, document productions,
or otherwise.
4.

Counsel for any party may, at any time, challenge the designation of a

document, deposition testimony or other material as “Confidential.” If the Parties cannot resolve
a dispute concerning the appropriateness of a “Confidential” designation, the Producing Party shall
have the burden of moving the Court for a protective order or following the procedure(s) otherwise
established by the Court for upholding the protection of “Confidential” information. The
documents, deposition testimony or other material shall continue to be treated as “Confidential”
pending any motion for a protective order or procedures established by the Court for upholding
the protection of “Confidential” information.
5.

“Confidential” information shall be utilized by the Parties only for purposes

of this litigation and for no other purposes. Except with the prior written consent of the Producing
Party or by Order of the Court, “Confidential” information shall not be furnished, shown or
disclosed to any person or entity except to:
(a)

Plaintiff or Defendant, including personnel of Defendant Teachers

College, Columbia University, actually engaged in assisting in the preparation of this action for
trial or other proceeding herein and who have been advised of their obligations hereunder;
(b)

counsel for the parties to this action and their associated attorneys,

paralegals and other professional personnel (including support staff) who are directly assisting
such counsel in the preparation of this action for trial or other proceeding herein, are under the
supervision or control of such counsel, and who have been advised by such counsel of their
obligations hereunder;
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(c)

expert witnesses or consultants retained by the parties or their

counsel to furnish technical or expert services in connection with this action or to give testimony
with respect to the subject matter of this action at the trial of this action or other proceeding herein;
provided, however, that such information is furnished, shown or disclosed in accordance with
paragraph 6 hereof;
(d)

the Court and Court personnel, if filed in accordance with paragraph

(e)

an officer before whom a deposition, hearing, or trial testimony is

10 hereof;

taken, including court reporters, videographers, and stenographic reporters, and any necessary
secretarial, clerical or other personnel of such officer;
(f)

trial and deposition witnesses, if furnished, shown or disclosed in

accordance with paragraph 8, respectively, hereof;
(g)

the person or entity who/that wrote, received or produced the

material containing Confidential information;
(h)

in the case of meeting or teleconference minutes designated as

Confidential Material, an attendee of the underlying meeting or participant in the underlying
teleconference;
(i)

in the case of a deposition, court or trial transcript designated or

treated as Confidential, the witness whose testimony is recorded in that transcript;
(j)

persons noticed for depositions or designated as trial witnesses, or

those whom counsel of record in good faith expect to testify at deposition or trial, only to the extent
reasonably necessary in preparing to testify;

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(k)

any mediator retained by the Parties or appointed by the Court, and

employees of such mediator who are assisting in the conduct of the mediation; and
(l)

any other person agreed to in writing by the parties or so ordered by

the Court.
6.

Subject to Paragraph 7, before any disclosure of “Confidential” information

is made to an expert, witness, or consultant pursuant to paragraph 5 or 6 hereof, counsel seeking
to disclose to an expert, witness, or consultant shall obtain the expert’s, witness’s, or consultant’s
written agreement, in the form of Exhibit A attached hereto, to comply with and be bound by its
terms.
7.

Should the need arise for any of the parties to disclose “Confidential”

information during any hearing or trial before the Court, including through argument or the
presentation of evidence, such party shall do so pursuant to any Court established directions or
procedures, or in the absence of such established directions or procedures, take steps necessary to
preserve the confidentiality of such “Confidential” information to the extent possible.
8.

This Stipulation shall not preclude counsel for the parties from using during

any deposition in this action any documents or information which have been designated as
“Confidential” information under the terms hereof. Any court reporter and deposition witness who
is given access to “Confidential” information shall, prior thereto, be provided with a copy of this
Stipulation and shall abide by its terms.9.

A party may designate information as “Confidential”

subject to this Stipulation, any document or information produced by any non-party to this case,
or any portion thereof. A party shall make a designation of such materials by notifying all counsel
in writing of those documents which are to be stamped and treated as such at any time up to
fourteen (14) days after actual receipt of copies of those documents by counsel for the party
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asserting the confidentiality privilege. Prior to the expiration of such fourteen (14) day period (or
until a designation is made by counsel, if such a designation is made in a shorter period of time),
all such documents or information shall be treated as “Confidential” information. Counsel for any
party may challenge the designation of a document or other material as “Confidential” information
in accordance with the procedures in paragraph 4.
10.

Any party who seeks to file with the Court any deposition transcripts,

exhibits, answers to interrogatories, and other documents which have previously been designated
as containing “Confidential” information, and any pleading, brief or memorandum which
reproduces, paraphrases or discloses “Confidential” information, shall do so pursuant to any Court
established directions or procedures, or in the absence of such established directions or procedures,
take steps necessary to ensure that the “Confidential” information is filed under seal and is
maintained by the Court under seal until further order of the Court.
11.

Any person receiving “Confidential” information shall not reveal or discuss

such information to or with any person not entitled to receive such information under the terms
hereof.
12.

Any document or information that may contain “Confidential” information

that has been inadvertently produced without identification as to its “Confidential” nature may be
so designated by a party providing written notice to the undersigned counsel for the other party,
identifying the document or information as “Confidential” information within a reasonable time
following the discovery that the document or information has been produced without such
designation.
13.

Extracts and summaries of “Confidential” information shall also be treated

as confidential in accordance with the provisions of this Stipulation.
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14.

The production or disclosure of “Confidential” information shall in no way

constitute a waiver of a party’s right to object to the production or disclosure of other information
in this action or in any other action.
15.

This Stipulation is entered into without prejudice to the right of either party

to seek relief from, or modification of, this Stipulation or any provisions thereof by properly
noticed motion to the Court or to challenge any designation of confidentiality as inappropriate
under the Federal Rules of Civil Procedure, the Local Rules of the Southern District of New York,
or other applicable law.
16.

This Stipulation shall continue to be binding after the conclusion of this

litigation except: (a) that there shall be no restriction on documents that are used as exhibits in
Court (unless such exhibits were filed under seal in accordance with paragraph 10 hereof); and (b)
that a party may seek the written permission of the other party or further order of the Court by
motion with respect to dissolution or modification of any provision of this Stipulation. The
provisions of this Stipulation shall, absent prior written consent of both parties, continue to be
binding after the conclusion of this action.
17.

Nothing herein shall be deemed to waive any privilege recognized by law

or shall be deemed an admission as to the admissibility in evidence of any facts or documents
revealed in the course of disclosure or a concession as to the nature of the confidentiality of the
documents.
18.

Nothing herein shall require disclosure of information which is protected by

the attorney-client privilege, work product immunity or other privilege or immunity, and the
inadvertent production of information or materials that are protected by the attorney-client
privilege, work product immunity, or other privilege or immunity shall not operate as a waiver of
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such privilege or immunity. If a party becomes aware that it has inadvertently produced
information or materials that are protected by the attorney-client privilege, work product
immunity, or other privilege or immunity, that party should promptly notify the other party in
writing of the inadvertent production. Once the other party receives notice in writing of the
inadvertent production, it shall make reasonable efforts to gather copies of the information and
materials that were distributed to others and shall return all copies of such inadvertently produced
material within three (3) business days of receiving such notice, except a party challenging the
propriety of the privilege or immunity may maintain copies sufficient to challenge the designation.
Any notes or summaries referring or relating to any such inadvertently produced material subject
to claim of privilege or immunity shall be destroyed forthwith, unless the non-designating party is
challenging the propriety of the privilege or immunity. Nothing herein shall prevent the other party
from challenging the propriety of the attorney-client privilege or work product immunity or other
applicable privilege designation by submitting a challenge to the Court. The party that
inadvertently produced such information or materials bears the burden of establishing the
privileged nature of any inadvertently produced information or materials. Each party shall refrain
from distributing or otherwise using the inadvertently disclosed information or materials for any
purpose until the discoverability of the materials is agreed to by the parties or resolved by the
Court. Notwithstanding the foregoing, a party may use the inadvertently produced information or
materials solely in support of or to respond to a motion seeking return or destruction of such
information or materials or otherwise requesting a determination regarding the propriety of the
privilege or immunity. If a party becomes aware that it is in receipt of information or materials
which it knows or reasonably should know were inadvertently sent, the party in receipt of such

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information or materials shall promptly notify the Producing Party of such information or
materials, in accordance with Rule 4.4(b) of the New York Rules of Professional Conduct.
19.

Upon written notice by the Producing Party following the final termination

of this litigation by settlement or exhaustion of all appeals, all “Confidential” information
produced or designated and all reproductions thereof shall be returned to the Producing Party or
shall be destroyed. In the event that any party chooses to destroy physical objects and documents,
such party shall certify in writing within sixty (60) days of such written notice following the final
termination of this litigation that it has undertaken its best efforts to destroy such physical objects
and documents (including but not limited to deleting all electronic copies of such documents that
have not been archived, backed-up, or are otherwise difficult to access), and that such physical
objects and documents have been destroyed to the best of its knowledge, including but not limited
to by deleting all electronic copies of such documents that have not been archived, backed-up, or
are otherwise difficult to access. Notwithstanding anything to the contrary, counsel of record for
the parties may retain copies of documents constituting work product, as well as copies of
pleadings, motion papers, discovery responses, expert reports and exhibits, expert and consultant
work product, deposition transcripts and deposition and trial exhibits, court transcripts and
exhibits, trial exhibits, and documents and other materials submitted to the Court that contain
Confidential information. Nothing in this Stipulation shall prohibit a party from using its own
records and business documents in the normal course of business. This Stipulation shall not be
interpreted in a manner that would violate any applicable cannons of ethics or codes of professional
responsibility. Nothing in this Stipulation shall prohibit or interfere with the ability of counsel for
any party, or of experts specially retained for this case, to represent any individual, corporation, or
other entity adverse to any party or its affiliate(s) in connection with any other matters.
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20.

This Stipulation may be changed by further order of this Court, and is

without prejudice to the rights of a party to move for relief from any of its provisions, to apply for
a protective order relating to confidential documents or information, to specifically object to the
production of specific documents or information, to apply for an order compelling the production
of documents or information, or to seek or agree to different or additional protection for any
particular material or information.
Submitted by and agreed to for and on behalf of all Parties:
Dated: March 5, 2025
New York, New York

7 2025
Dated: March ___,
New York, New York

SANFORD HEISLER SHARP, LLP

BOND, SCHOENECK &KING, PLLC

/s/ Alok Nadig
Alok Nadig, Esq.
David Sanford, Esq.
Michael D. Palmer, Esq.
Miranda Katz, Esq.
17 State Street, 37th Floor
New York, New York 10004
[phone]
[e-mail]
Attorneys for Plaintiff

________________________________
Rebecca K. Kimura, Esq.
Mallory Campbell, Esq.
600 Third Avenue, 22nd Floor
New York, NY 10016
[phone]
[e-mail]
[e-mail]
Attorneys for Defendant

SO ORDERED:
___________________________________
Hon. Jesse M. Furman
District Judge

March 7, 2025

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This stipulation binds the parties to treat as confidential the
documents so classified. This Court, however, has not
reviewed the documents referenced herein; therefore, by so
ordering this stipulation, the Court makes no finding as to
whether the documents are confidential. That finding will
be made, if ever, upon a document-by-document review
pursuant to the procedures set forth in the Court’s
Individual Rules and Practices and subject to the
presumption in favor of public access to “judicial
documents.” See generally Lugosch v. Pyramid Co. of
Onondaga, 435 F.3d 110, 119-20 (2d Cir. 2006). To that
end, the Court does not “so order” any provision to the
extent that it purports to authorize the parties to file
documents under seal without a prior court order. See New
10
York ex rel. Khurana v. Spherion Corp., No. 15-CV-6605
(JMF), 2019 WL 3294170 (S.D.N.Y. July 19, 2019).

EXHIBIT A
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
DR. AMRA SABIC-EL-RAYESS,
Plaintiff,

AGREEMENT WITH
RESPECT TO
CONFIDENTIAL
INFORMATION

v.
TEACHERS COLLEGE, COLUMBIA UNIVERSITY,

Case No.: 1:24-cv-02891-JMF

Defendant.

I, ______________________, state that:
1.

My address is _____________________________________________.

2.

My present employer is _____________________________________.

3.

My present occupation or job description is _____________________.

4.

I have received a copy of the Stipulation and Order for the Production and

Exchange of Confidential Information (the “Stipulation”) entered in the above-entitled action on
_____________________ (date).
5.

I have carefully read and understand the provisions of the Stipulation.

6.

I will comply with all of the provisions of the Stipulation.

7.

I will hold in confidence, will not disclose to anyone not qualified under the

Stipulation, and will use only for purposes of this action, any “Confidential” information that is
disclosed to me.
8.

Upon request, I will destroy or return all “Confidential” information that comes into

my possession, and documents or things that I have prepared relating thereto, to counsel for the

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party by whom I am employed or retained, or to counsel from whom I received the “Confidential”
information.
9.

I hereby submit to the jurisdiction of this Court for the purpose of enforcement of

the Stipulation in this action.

Dated: __________________

________________________________

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