Doe v. Kimmel et al
Filing
48
STIPULATION AND PROTECTIVE ORDER FOR 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 documents so classified. T his 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 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 1/29/2025) (ar)
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
JANE DOE,
Plaintiff,
— against —
No. 1:24-cv-03201 (JMF)
BRETT KIMMEL; and NEW YORK CITY
DEPARTMENT OF EDUCATION,
Defendants.
STIPULATION AND PROTECTIVE ORDER FOR CONFIDENTIAL INFORMATION
WHEREAS, Plaintiff Jane Doe, Defendant Brett Kimmel, and Defendant New York
City Department of Education (“DOE”) (together, the “Parties”) have agreed to produce certain
documents, including without limitation confidential, proprietary, or otherwise sensitive
information, documentation, or files;
WHEREAS, discovery in and trial of the above-captioned action may require the
production and use of documents and/or other information pursuant to Rules 26, 30, 33, and 34
of the Federal Rules of Civil Procedure that contain information deemed confidential, private, or
otherwise inappropriate for public disclosure;
WHEREAS,
on June 26, 2024, the Court granted Plaintiff's motion to proceed under
the pseudonym “Jane Doe” “in light of the highly sensitive and personal nature of this case.”
See ECF No. 19;
WHEREAS, good cause exists for the entry of a protective order, pursuant to Rule
26(c) of the Federal Rules of Civil Procedure;
IT IS HEREBY STIPULATED AND AGREED, by and between the attorneys for the
Parties, as follows:
1.
As used herein, “Action” shall mean the pending action captioned Doe v. Kimmel,
24-cv-03201 (JMF).
2.
As used herein, the term “document” shall have the meaning set forth in Rule
34(a)(1)(A) of the Federal Rules of Civil Procedure.
3.
Either party may designate documents produced in connection with this Action as
“Confidential,” by clear notation on the document in a manner so as not to interfere with the
legibility thereof, or, only if that is not feasible, may designate such documents by title or Bates
number, in a writing directed to the Receiving Party’s attorneys.
4.
As used herein, “Confidential Materials” shall mean medical and mental health
records; financial records, including but not limited to tax records, bank records, real property
records, descriptions and/or valuations of other tangible assets, and corporate or trust documents;
any material containing Plaintiff
Jane Doe’s legal name or the names of her family members; any
disclosure by a non-party that he or she have also experienced sexual abuse or a sexual assault;
or other information pertaining to emotional, psychological, or interpersonal damages arising
from this case. .
5.
As used herein, “Personal Identifying Information” shall mean any party’s
address, phone number, email address, social media handle, or social security number.
6.
The parties’ attorneys and non-parties permitted to view Confidential Materials as
outlined infra { 10 shall not use Confidential Materials for any purpose other than for the
preparation, settlement, or presentation of this Action.
7.
“Producing Party” shall mean the party producing “Confidential Materials.”
8.
“Receiving Party” shall mean the party receiving “Confidential Materials.”
9.
In the event a party disagrees at any stage of these proceedings with the
Producing Party’s designation of Confidential Materials, the party disagreeing with the
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Producing Party’s designation of Confidential Materials (the “Disagreeing Party”) shall notify
the Producing Party of such disagreement in writing no later than 30 days prior to the close of
discovery. The Parties shall first try to dispose of such disputes in good faith on an informal
basis.
If the dispute cannot be resolved within 30 days, the Producing Party must seek relief
from the Court allowing the Producing Party to designate the materials in question as
Confidential Materials.
The Producing Party’s failure to seek relief from the Court within 60
days of the Disagreeing Party’s written notice of its disagreement about the designation shall
constitute a waiver of the asserted confidentiality. The party asserting confidentiality shall bear
the burden of demonstrating the propriety of the designation to the satisfaction of the Court.
If
the Producing Party seeks relief from the Court within the time period set forth above, until
any dispute under this paragraph is resolved either informally or ruled upon by the Court, the
Producing Party’s initial designation shall remain in full force and effect and the information
shall continue to be accorded the confidential treatment required under this Order.
10.
Except with the prior written consent of the Producing Party or by Order of the
Court, Confidential Materials shall not be furnished, shown, or disclosed to any person or entity
except to:
a.
the Parties and personnel of the Parties 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);
c.
any third-party vendor providing photocopying, data processing, or graphic
production services hired by counsel to assist in discovery management and/or
trial preparation;
d.
the Court and Court personnel;
e.
an officer before whom a deposition is taken, including stenographic reporters
and any necessary secretarial, clerical, or other personnel of such officer;
f.
deposition
or
trial
witnesses,
to
the
extent
reasonably
necessary
in
connection with their potential testimony or in preparation therefor; and
g.
an expert, and members of the expert’s staff, who has been retained or
specifically employed by counsel in anticipation of litigation or preparation of
this Action (including consulting experts).
11.
Except with the prior written consent of the Producing Party or by Order of the
Court, Personal Identifying Information shall not be furnished, shown, or disclosed to any person
or entity except to, and shall be designated as “Attorneys’ Eyes Only” and disclosure shall be
limited to counsel for the Parties to this Action and their associated attorneys, paralegals, and
other professional personnel (including support staff) and any experts and members of the
experts staff who have been retained by counsel regarding this action. Any document created by
counsel, experts, or their respective staff shall have Personal Identifying Information redacted
before showing said document to a Party.
12.
Before any disclosure is made pursuant to sections 10(f)-(g) above, the Receiving
Party’s attorney 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, to be
bound by the terms of this Stipulation and Order. The signed consent shall be retained by that
party’s attorneys and a copy shall be furnished to the Producing Party upon request, although the
name of an expert that the Receiving Party does not intend to call as a trial witness may be
redacted from such consent before it is produced. Nothing in this provision shall require
disclosure by a party of the identity of non-testifying experts and/or consultants.
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13.
| A party that seeks to file any paper that incorporates any Confidential Materials or
reveals the contents thereof with the Court shall so inform the other party prior to filing. The
Parties shall confer in good faith to resolve the matter as soon as is practicable; if the Parties
agree to utilize redacted copies of such documents or if the Parties agree that unredacted versions
of the materials may be filed publicly, no further order of the Court is necessary. Should the
Parties not reach a resolution, the party asserting confidentiality (or, if both parties assert
confidentiality, the party seeking to file the papers), shall move the Court within seven days of
the date on which notice was provided for permission to file said papers under seal. Such
material shall not be publicly filed with the Court until such application is decided. In the
interim, to the extent necessary to comply with any deadlines imposed by the Court, Local Rules,
or Federal Rules of Civil Procedure, the filing party who seeks to include Confidential Materials
in papers to be filed in Court shall provide a complete and un-redacted version thereof directly to
the judges’ chambers and opposing counsel and not cause them to be publicly filed with the
Court until after the motion to seal has been decided or the parties agree that the materials can be
publicly filed.
14.
Deposition testimony concerning any Confidential Materials which reveals the
contents of such materials shall be deemed confidential, and the transcript of such testimony,
together with any exhibits referred to therein, shall be separately bound, with a cover page
prominently marked “Contains confidential material.”
deemed
to be Confidential
Such portion of the trahseript shall be
Materials within the meaning
of this Stipulation and Protective
Order.
15.
Inadvertent production of any document or information that is privileged, was
prepared in anticipation of litigation, or is otherwise immune from discovery shall not constitute
a waiver of any privilege or of another ground for objecting to discovery with respect to that
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document, or its subject matter, or the information contained therein, or of the Producing Party’s
right to object to the use of any such document or the information contained therein during any
proceeding in this litigation or otherwise.
16.
Nothing in this Stipulation and Protective Order shall preclude the Parties from
using, for any purpose outside this litigation, documents they have produced, or deposition
testimony they alone have designated (and no other party has designated), as “Confidential
Materials.”
17.
| Within60 days after the final termination of this litigation by settlement or
exhaustion of all appeals, all Confidential Materials produced or designated and all
reproductions thereof, shall be returned to the Producing Party’s attorneys or destroyed (except
as to privileged material which shall be destroyed).
Notwithstanding anything to the contrary,
the Receiving Party’s attorney may retain one copy of documents constituting work product, a
copy of pleadings, motion papers, discovery responses, deposition transcripts, and deposition
and trial exhibits, even if such materials contain Confidential Materials, so long as appropriate
safeguards are imposed to prevent the use of the Confidential Materials for any purpose. Any
such copies that contain or constitute Confidential Materials remain subject to this Stipulation
and Protective Order.
18.
This Stipulation and Protective Order will survive the termination of the litigation
and will continue to be binding upon all persons to whom Confidential Materials are produced or
disclosed. All documents or information that have been marked confidential pursuant to this
Stipulation and Protective Order, including all copies and non-conforming copies thereof, shall
remain confidential for all time.
19.
This Stipulation and Protective Order shall be binding upon the parties
immediately upon signature and shall be submitted to the Court for entry as an Order.
-6-
20.
— This Stipulation may be executed in counterparts, which together shall constitute
one agreement, and execution by facsimile shall be deemed proper execution of this Stipulation.
Dated: January AY 2025
New York, New York
EMERY CELLI BRINCKERHOFF
ABADY WARD & MAAZEL LLP
NEW YORK CITY LAW DEPARTMENT
By:
Julia P, Kuan
Sydney Zazzaro
600 Fifth Avenue, 10th Floor
New York, NY 10020
(212) 763-5000
By: A
Attorneys for Plaintiff
LAW
Richard Campisi
305 Madison Avenue
New York, NY 10165
(212) 922-1080
Attorneys for Defendant New York City
Department of Education
BUSHELL, SOVAK, KANE & SASH LLP
By.
—77
7 La
SO ORDERED:
Alan E. Sash
274 Madison Avenue, Suite 1500
New York, New York 10016
(212) 949-4700
Attorneys for Defendant Brett Kimmel
HON. JESSE M. FURMAN, U.S.D.J.
January 29, 2025
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
York ex rel. Khurana v. Spherion Corp., No. 15-CV-6605 (JMF), 2019 WL 3294170
(S.D.N.Y. July 19, 2019).
EXHIBIT A
The undersigned hereby acknowledges that he/she has read the Stipulation and Protective
Order Regarding Confidential Information entered in the United States District Court for the
Southern District of New York in the action entitled Doe v. Kimmel, No. 24-cv-03201 (JMF),
and understands the terms thereof.
The undersigned agrees to be bound by the terms of the
Stipulation.
Date
Signature
Print Name
Occupation
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