Monroe v. Gerbing et al

Filing 164

STIPULATION OF CONFIDENTIALITY AND PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material... (As further set forth in this Order.) (Signed by Judge Kenneth M. Karas on 7/28/2020) (cf)

Case 7:16-cv-02818-KMK Document 164 Filed 07/28/20 Page 1 of 5

UNITED STATES DISTRJCT COURT
SOUTHERN DISTRJCT OF NEW YORK

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DWINEL MONROE,
No. 16 Civ. 2818 (KMK)
Plaintiff,

STIPULATION OF
CONFIDENTIALITY AND
PROTECTIVE ORDER

-v-

KATHLEEN GERBING, et al.
Defendants.

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WHEREAS, Plaintiff has made discovery requests concemmg the measurement of
distances between specific locations at Otisville Correctional Facility, Wallkill Correctional
Facility, and Greene Correctional Facility.
WHEREAS, disclosure of such information regarding the layout of correctional facilities
creates serious security risks that could jeopardize correctional or institutional safety, security or
good order if disclosed to inmates or the general public, and similar information can and has been
used to facilitate escape attempts or attacks within the correctional facilities .
NOW THEREFORE, to balance the Plaintiff's need for the information against the
Defendants' need for confidentiality, the parties hereby stipulate and agree to the following:
1.

Information regarding the measurements between and among locations at Otisville

Correctional Facility, Wallkill Correctional Facility, and Greene Correctional Facility produced in
response to Plaintiff's discovery requests, as limited by their letter dated April 24, 2020, shall be
designated as "Attorneys' Eyes Only" and produced subject to the following restrictions agreed to
by all parties.
2.

Access to the Attorneys' Eyes Only Material shall be limited to:
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Case 7:16-cv-02818-KMK Document 164 Filed 07/28/20 Page 2 of 5

a. Attorneys for Plaintiff;
b. Attorneys for Defendants;
c. Employees and independent contractors of the respective attorneys for Plaintiff
or Defendants who have direct functional responsibility for the preparation or trial of this action,
or any appeal thereof;
d. Toe parties ' respective experts and consultants, to the extent deemed necessary
to the conduct of this litigation by the respective attorneys for Plaintiff or Defendants, except that,
prior to any such person being given access to the Attorneys ' Eyes Only Material, that person shall
be given a copy of this Stipulation and Protective Order and shall execute the Certification annexed
hereto;
e. Individual employees of DOCCS, to the extent that such individual employees
would have access to the Attorneys ' Eyes Only Material as part of their employment with DOCCS;
f.

Court reporters, to the extent deemed necessary for the conduct of this litigation

by the respective attorneys for Plaintiff or Defendants; and
g. The Court.
3.

The Attorneys' Eyes Only Material shall not be disclosed in open court without

first affording Defendants' counsel an opportunity to contest disclosure and/or admissibility of the
Attorneys' Eyes Only Material.
4.

In the event that Plaintiffs counsel intends to file with the Court any papers that

attach or enclose documents containing Attorneys' Eyes Only Material produced pursuant to this
Stipulation and Protective Order, Plaintiffs counsel shall serve notice of such intention upon
Defendant's counsel, identifying by Bates numbers the documents to be filed, not less than five
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Case 7:16-cv-02818-KMK Document 164 Filed 07/28/20 Page 3 of 5

(5) business days prior to the filing thereof, to give Defendants the opportunity to request or move
the Court to direct that such documents be filed under seal, provided, however, that such notice
shall not be construed as a waiver of the attorney-client privilege, attorney work product privilege,
or any other applicable privilege or immunity.
5.

Unless otherwise directed by the Court, when filing court papers under seal, such

papers or documents shall be filed in accordance with the Local Rules and ECF Rules of the
Southern District of New York.
6.

Nothing herein shall be deemed to waive any applicable privilege. Pursuant to Fed.

R. Evid. 502(d), no privilege or protection is waived by disclosure connected with this lawsuit, nor

is any such disclosure a waiver in any other federal or state proceeding, and any disclosed material
is subject to return to the producing party ("clawback") on demand without any obligation on the
part of the producing party to demonstrate compliance with Fed. R. Evid. 502(b)( 1)-(3) relating to
inadvertent disclosure.
7.

Within thirty (30) days of the conclusion of this Action, Plaintiffs counsel shall

either return to Defendants' counsel all Attorneys' Eyes Only Material, and any copies thereof, in
its custody, possession or control and any documents containing Attorneys ' Eyes Only Material,
in whole or in part, and any copies made therefrom or shall notify Defendants' counsel in writing
that all such Attorneys ' Eyes Only Material has been destroyed.
8.

This Stipulation and Protective Order covers only the information and materials set

forth in paragraph 1. Nothing in this Order shall foreclose the parties from separately negotiating

and agreeing in writing to the confidential treatment of information and materials not contemplated
by this Stipulation and Protective Order.
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Case 7:16-cv-02818-KMK Document 164 Filed 07/28/20 Page 4 of 5

Dated: New York, New York
July 28, 2020

MUSLIM ADVOCATES
MAYER BROWN
Attorneys for Plaintiff

LETITIA JAMES
Attorney General
State ofNew York

By:
Amanda Yoon
Assistant Attorney General
28 Liberty Street
New York, New York 10005
[phone]
[e-mail]

By:~ a~;,
Nimr Azmi, ~q.
Staff Attorney
[phone]
[e-mail]

SO ORDERED:
7/28/20
Dated: - - - - - - - - - -

U.S.D.J.

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Case 7:16-cv-02818-KMK Document 164 Filed 07/28/20 Page 5 of 5

CERTIFICATION
I certify my understanding that Attorneys' Eyes Only Material is being provided to me
pursuant to the terms and restrictions of the Stipulation and Protective Order in Monroe v. Gerbing.
16 Civ. 2818 (KMK), currently pending in the United States District Court for the Southern District
of New York.

I further certify that I have read the Stipulation and Protective Order and agree to

be bound by it.
I understand that all provisions of the Stipulation and Protective Order restricting the
communication or use of Attorneys' Eyes Only Material, including but not limited to any notes or
other transcriptions made of Attorneys' Eyes Only Material therefrom, shall continue to be binding
during the pendency of and after the conclusion of this action.

Dated: - - - - - -

SIGNATURE

PRINT NAME

ADDRESS

TELEPHONE NUMBER

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