Lee v. New Kang Suh Inc. et al
Filing
65
STIPULATED CONFIDENTIALITY AGREEMENT AND PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material... Notwithstanding the designation of material as "Confidential" in discovery, there is no presumption that such Confidential Discovery Material will be filed with the Court under seal. The parties shall follow paragraph 4 of Judge Davison's Individual Practices with respect to pretrial requests for filing under seal. As amended in paragraph 8. SO ORDERED. (Signed by Magistrate Judge Paul E. Davison on 8/3/2021) (kv)
Case 7:17-cv-09502-NSR-PED Document 65 Filed 08/03/21 Page 1 of 8
Case 7:17-cv-09502-NSR-PED &eeywef^^4—Fitech^^©a^-»Pae@^^^---;9^~
.i:"'--.
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
i^l:u
-X
YOUNG MIN LEE, individually and on behalf of all
Civil Action No.. 1.7-cv-Q9 5.02-NSR*
employees similarly situated,
Plaintiff,
STIPULATED
CONFIDENTIALITY
vs.
AGREEMENT_AND
PROTECTIVE ORDER
NEW KANG SUH TNC, d/b/a Korea Garden and
MYUNG SOOIC CH01,
Defendants.
-X
PAUL E. DAVISON, United States Magistrate Judge.
The parties, plaintiff YOUNG MIN LEE ("Plaintiff) and defendants NEW KANG SUH INC.
d/b/a Korea Garden and MYUNG SOOK CHOI, C'the Defendants") (each a "Party" and collectively
the "Parties"), by and through their attorneys of record, desire to obtain and exchange documents,
materials, and information that contain confidential, private, or proprietary business, personal, or
commercial information in the course of discovery and therefore agree as follows:
Discovery Materials May Be Designated as Confidential
1. Any person subject to this Order who receives from any other person any "Discovery
Material'" (/,e., information of any kind provided in the course ofdiscovery 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 Discovery Maieria! may designate as "Confidential any
portion thereof that contains non-public business, commercial, financial, or personal
information, the public disclosure of which is either restricted by law or
' For the purpose ofthis Stipulation, the scope ot'Discovery Material is limited to the information and documents that are
exchanged during the course of discovery in response to the propounding party(s) interroga tones, Document Demands,
and Requests for Admission.
Case 7:17-cv-09502-NSR-PED Document 65 Filed 08/03/21 Page 2 of 8
Case7:17-cv-09502-NSR-PED Document 64 Filed 08/03/21 Page 2 of 8
would likely, in the good faith opinion of the producing person, seriously harm the
producing person's business, commercial, financial, or personal interests or cause
the producing person to violate his, her, or its privacy or confidentiality obligations
to others. Where the confidential portion is reasonably separable from the nonconfidential portion, via.redaction or otherwise, only the confidential portion shall
be so designated.
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 document or protected portion in a manner that will
not interfere with legibility or audibility. Deposition testimony may be designated
as "Confidential" either on the record during the deposition or in writing within five
(5) business days ofreceipt oftlw transcript, ifso designated, the Hnaitranscript 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 of Discovery Material that that person previously produced without
limitation should be designated as "Confidential," the producing person may so
designate that portion by promptly notifying ail parties in writing, Such designated
portion of the Discovery Material will thereafter be treated as Confidential under the
terms of this Order. In addition, the producing person shall provide each other party
with replacement versions of such Discovery Material that bears the "Confidential
designation within two (2) business days of providing such notice.
Case 7:17-cv-09502-NSR-PED Document 65 Filed 08/03/21 Page 3 of 8
Case 7:17-cv-09502-NSR-PED Document 64 Fiied 08/03/21 Page 3 of 8
Who May Receive Confidential Materials
5. No person subject to this Order, other than the producing person, shall disclose any
Confidential Discovery Material to any other person whomsoever, except to:
(a) the parties to this action;
(b) counsel retained specifically for this action, induding any paralegal, cterical
or other assistant employed by such counsel and assigned specifically to
work on this action;
(c) as to any document, its author, its addressee, and any other person shown
on the face of the document as having received a copy;
(d) any witness who counsci 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 Non-Disciosure Agreement in the form annexed hereto;
(e) any person retained by a party to serve as an expert witness or consultant 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 hereto;
(f) stenographcrs and video technicians engaged to transcribe or record
depositions conducted in this action;
(g) independent photocopying, graphic production services, or other litigation
support services employed by the parties or their counsel to assist in this
action, including computer service personnel performing duties in reiation to
a computerized litigation system;
(h) the Court and its staff; and
Case 7:17-cv-09502-NSR-PED Document 65 Filed 08/03/21 Page 4 of 8
Case 7:17-cv-09502-NSR"PED Document 64 Fiied 08/03/21 Page 4 of 8
(i) any other person whom the producing person, or other person designating
the Discovery Material "Confidential," agrees in writing may have access
to such Confidential Discovery Material.
6. Prior to the disclosure of any Confidential Discovery Material to any personreferred
to in subparagmphs 5(d) or 5(e) above, such person shall be provided by counsel
with a copy of this Protective Order and shall sign a Non-Disciosure Agreement, in
the form annexed hereto, stating that that person has read this Order and agrees to
be bound by its terms. Counsel shall retain each signed Non- Disclosure Agreement,
hold it in escrow, and produce it to opposing counsel either prior to such person
being permitted to testify (at deposition or trial) or at the conclusion of the case,
whichever comes first.'
Filing Confidential Materials in this Action
7. Any person who either objects to any designation of confidentiality, or who, by
contrast, requests still further limits on disclosure (such as "attorneys' eyes only,"
reserved for extraordinary circumstances), may at any time prior to the trial of this
action serve upon the designating person and all other parties a written notice stating
with particularity the grounds of the objection or request. If agreement cannot be
reached promptly, counsel for ati affected persons shall request a joint telephone call
with the Court to oblain a ruling,
8. Notwithstanding the designation of material as "Confidential" in discovery, there is
no presumption that such Confidential Discovery Material will be filed with the
fLt" °A ^_v>^<^ -^hv'r.lo^1s
Court under seal. The parties shall follow ^:fco£telg@=Estee^s. Individual Practices
with respect to pretrial requests for filing under seal.
Case 7:17-cv-09502-NSR-PED Document 65 Filed 08/03/21 Page 5 of 8
Case7:17-cv-09502-NSR-PED Document 64 Filed 08/03/21 Page 5 of 8
9. All persons are hereby placed on notice that the Court is unlikely to seal or
otherwise aiTord confidential treatment to any Discovery Material introduced in
evidence at trial, even if such material was previously designated as Confidential or
sealed during prctrial proceedings.
10. Each person who has access to Confidential Discovery Material shall take all due
precautions to prevent the unauthorized or inadvertcnt disclosure of such material,
Inadvertent Disclosure of Privileged Materials
11. If, in connection with this litigation, and despite having taken reasonable steps to
prevent the disclosure of information that it claims is subject to a claim ofattorneyclient privilege or attorney work product, a producing person inadvertently discloses
information subject to a claim of attorney-client privilege or attorney work product
protection ("Inadvertently Disclosed Information"), such disclosure, in itself, 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.
12. If a disclosing person makes a claim ofinadvertent disclosure, all receiving persons
shall, within five (5) 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.
13. Within five (5) business days of the notification that such Inadvertently Disclosed
Information has been returned or destroyed, the disclosing person shail produce a
privilege log with respect to the Inadvertently Disclosed Information.
Case 7:17-cv-09502-NSR-PED Document 65 Filed 08/03/21 Page 6 of 8
Case7:17-cv-09502-NSR-PED Document 64 Filed 08/03/21 Page 6 of 8
14. if a receiving person thereafter moves the Court for an order compelling
production of the Inadvertently Disclosed Information, that motion shall be
filed under seal, and shall not assert as a ground for entering such an order the
mere fact of the inadvertent production. The disclosing person retains the
burden of establishing the privileged or prolected nature of any Inadvertently
Disclosed Information. Nothing in this Order shall limit the right of any party
to request an incamem review of the Inadvertently Disclosed Information.
Termination of the Litigation
15, This Protective Order shall survive the termination of the litigation. Within 30
daysofthc final disposition of this action, all Confidential Discovery Material
and all copies thereof, shall be promptly returned to the producing person, or,
upon permission of the producing person, destroyed.
16. During the pendency of this case only, this Court shall retain jurisdiction over
all persons subject to this Order to the extent necessary to enforce any
obligations arising hereuncter or to impose sanctions for any contempt thereof.
SO STIPULATED.
SO STIPULATED,
Dated: August 3, 2021
Wilson, Elser, Moskowitz,
Edelman & Dickcr, LLP
By:
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?