Union Mutual Fire Insurance Company v. 1744 Realty LLC et al

Filing 25

PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material... SO ORDERED. Motions terminated: 24 JOINT LETTER MOTION for Discovery to So Order Proposed Protective Order addressed to Judge Margaret M. Garnett from Jack Glanzberg, Esq. dated March 11, 2025. filed by Union Mutual Fire Insurance Company. (Signed by Judge Margaret M. Garnett on 3/12/2025) (mml)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK

3/12/2025

UNION MUTUAL FIRE INSURANCE COMPANY,
Plaintiff(s),

24-cv-09132-MMG

v.

PROTECTIVE ORDER

1744 REALTY LLC, 1744 REALTY TRUST, MIRIAM
FISHER, individually and as Trustee, and MENACHEM
FISHER, Individually and as Trustee.
Defendant(s).
The parties having agreed to the following terms of confidentiality, and the Court having
found that good cause exists for issuance of an appropriately tailored confidentiality order
governing the pre-trial phase of this action, it is therefore hereby:
ORDERED that any person subject to this Order—including without limitation the parties
to this action, their representatives, agents, experts, consultants, all third parties providing
discovery in this action, and all other interested persons with actual or constructive notice of this
Order—shall adhere to the following terms, upon pain of contempt:
1.

Any person subject to this Order who receives from any other person any “Discovery
Material” (i.e., information of any kind provided in discovery in this action) that is
designated as “Confidential” pursuant to the terms of this Order shall not disclose such
Confidential Discovery Material to anyone else except as expressly permitted hereunder.

2.

The person producing any given Discovery Material may designate as Confidential
only such portion of such material as consists of:
a. previously nondisclosed financial information (including without limitation
profitability reports or estimates, percentage fees, design fees, royalty rates,
minimum guarantee payments, sales reports, and sale margins);
b. previously nondisclosed material relating to ownership or control of any
non-public company;
c. previously nondisclosed business plans, product development information,
or marketing plans;
d. any information of a personal or intimate nature regarding any individual;
or
e. Sensitive Commercial Data as to any party to the subject litigation, such as
confidential or proprietary information commercial or business information,
trade secrets, underwriting records and guidelines, company security

matters, customer lists, financial data, projected sales data, production data,
pricing data.
f. Documents generated in relation to the investigation and defense of the
Underlying Action, styled Joel Meran Peralta against 1744 Realty Trust,
Miriam Fisher, Individually and as Trustee, and Menachem Fisher,
Individually and as Trustee, bearing Index No. 809719/2021E, pending in
the Supreme Court of the State of New York, Bronx County, or otherwise
prepared in anticipation of litigation of the Underlying Action, including
but not limited to investigative reports, witness statements, party statements,
communications involving counsel for Defendants in the Underlying
Action, communications involving the Defendants regarding the
Underlying Action; and communications from counsel for the defendants
to the defendants and to Union Mutual Ins. Company.
g. any other category of information hereinafter given confidential status
by the Court.
3.

With respect to the Confidential portion of any Discovery Material other than
deposition transcripts and exhibits, the producing person or that person’s 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, and by also
producing for future public use another copy of said Discovery Material with the confidential
information redacted. With respect to deposition transcripts and exhibits, a producing person or
that person’s counsel may indicate on the record that a question calls for Confidential
information, in which case the transcript of the designated testimony shall be bound in a separate
volume and marked “Confidential Information Governed by Protective Order” by the reporter.

4.

If at any time prior to the trial of this action, a producing person realizes that some
portion(s) of Discovery Material that that person previously produced without limitation
should be designated as Confidential, he or she may so designate by so apprising all parties
in writing, and such designated portion(s) of the Discovery Material will thereafter be
treated as Confidential under the terms of this Order.

5.

No person subject to this Order other than the producing person shall disclose any of the
Discovery Material designated by the producing person as Confidential to any other person,
except to:
a. the parties to this action;
b. counsel retained specifically for this action, including any paralegal, clerical and
other assistant employed by such counsel and assigned to this matter;
c. as to any document, its author, its addressee, and any other person indicated on
the face of the document as having received a copy;
d. any witness who counsel for a party in good faith believes may be called to testify
at trial or deposition in this action, provided such person has first executed a NonDisclosure Agreement in the form annexed as an Exhibit hereto;

e. any person retained by a party 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 as an Exhibit
hereto;
f. stenographers engaged to transcribe depositions conducted in this action; and
g. the Court and its support personnel.
6.

All Confidential Discovery Material filed with the Court, and all portions of pleadings, motions,
or other papers filed with the Court that disclose such Confidential Discovery Material, shall
be filed under seal and kept under seal until further order of the Court. The parties will use their
best efforts to minimize such sealing. In any event, any party filing a motion or any other papers
with the Court under seal shall also publicly file a redacted copy of the same, via the Court’s
Electronic Case Filing system, that redacts only the Confidential Discovery Material itself, and
not text that in no material way
reveals the Confidential Discovery Material.

7.

Any party who either objects to any designation of confidentiality, or who, by contrast,
requests still further limits on disclosure (such as “attorneys’ eyes only” in extraordinary
circumstances), may at any time prior to the trial of this action serve upon counsel for the
designating person a written notice stating with particularity the grounds of the objection or
request. If agreement cannot be reached promptly, counsel for all affected persons will
address their dispute to this Court in accordance with this Court’s Individual Rules &
Practices in Civil Cases.

8.

All persons are hereby placed on notice that the Court is unlikely to seal or otherwise afford
confidential treatment to any Discovery Material introduced in evidence at trial, even if such
material has previously been sealed or designated as Confidential. The Court also retains
unfettered discretion whether to afford confidential treatment to any Confidential document
or information contained in any Confidential
document submitted to the Court in connection with any motion, application, or
proceeding that may result in an order and/or decision by the Court.

9.

Each person who has access to Discovery Material that has been designated as
Confidential shall take all due precautions to prevent the unauthorized or inadvertent
disclosure of such material.

10.

If, in connection with this litigation, a party inadvertently discloses information subject to
a claim of attorney-client privilege or attorney-work-product protection (“Inadvertently
Disclosed Information”), such disclosure shall not constitute or be deemed a waiver or
forfeiture of any claim of privilege or work-product protection with respect to the
Inadvertently Disclosed Information and its subject matter.

11.

If a disclosing party makes a claim of inadvertent disclosure, the receiving party shall not
thereafter review the Inadvertently Disclosed Information for any purpose, except by order
of the Court. The receiving party shall, within five business days, return or destroy all copies
of the Inadvertently Disclosed Information, and provide a certification of counsel that all
such information has been returned or destroyed.

12.

Within five business days of the notification that such Inadvertently Disclosed
Information has been returned or destroyed, the disclosing party shall produce a
privilege log with respect to the Inadvertently Disclosed Information.

13.

As with any information redacted or withheld, the receiving party may seek an order from
the Court compelling production of the Inadvertently Disclosed Information. The
receiving party shall not assert as a ground for entering such an Order the fact or
circumstances of the inadvertent production.

14.

The disclosing party retains the burden of establishing the privileged or protected nature
of any information. Nothing in this Order shall limit the right of any party to request an in
camera review of the Inadvertently Disclosed Information.

15.

This Protective Order shall survive the termination of the litigation. Within 30 days of the
final disposition of this action, all Discovery Material designated as “Confidential,” and
all copies thereof, shall be promptly returned to the producing person, or, upon permission
of the producing person, destroyed.

16.

This Court shall 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.

SO STIPULATED AND AGREED.
Dated:

Dated:

MOLOD, SPITZ & DeSANTIS, P.C
Attorneys for Plaintiff

MIRANDA SLONE SKLARIN
VERVENIOTIS LLP
Attorneys for Defendants

By: Jack Glanzberg
JACK GLANZBERG, ESQ.
1430 Broadway – 21st Floor
New York, New York 10018
Tel. No.: 646-627-7181
Fax No.: 212-869-4242
File No.: RHE-568

By: ___________________________________
Michael A. Miranda
240 Mineola Boulevard
The Esposito Building
Mineola, New York 11501
[phone]

SO ORDERED.
March 12, 2025
Date: __________________

New York, New York

__________________________
MARGARET M. GARNETT
United States District Judge