ABC v. DEF

Filing 39

CONFIDENTIALITY STIPULATION AND PROTECTIVE ORDER..regarding procedures to be followed that shall govern the handling of confidential material...SO ORDERED. (Signed by Judge Kenneth M. Karas on 4/6/2022) (jca)

--\JN¼TEDSTATES-DfSfRl(;f-OOUR:1'-SOUTHERN DISTRICT OF NEW YORK.

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UNITED STATES OF AMERICA. u rel STEPHANIE
MUNFORD,.
Plaintiff,

.MARANATIIA HUMAN SERVICES,. INC-. and
HENRY ALFONSO COLEY,.

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CONflDENTIAUTY STIPUL.4.TION AND PROPOSED PROTECTIVE ORDER
\\11:IEREAS,. Re!ator and Defendant M ~ Human Senices,. Inc. ('"'Mm:amuba") (the
~ g n e d parties; having agreed to the following renns of a.mfidenmility with respect to

ORDERED that the following restrictions and procedures shall apply to the infmmatkm
and docmnmts exchanged by the undersigned parties in connedion 11,1;ith the pre-mm phase of

I.

Counsel for the undersigned parties may designme my document or i n f ~

in ~ide or in part, a s ~ if counsel determ~ in good faith. that such designation is
~ to protect the interests of the client in mfommtioo that is proprietary.. a trade secret, or

otherwise sensitive non-public information f'"Con{idential lnfonnation"). Information and
documents designmed by an undersigned party as confidential will be stamped

limitations below~ of information protected by the Health ~ Pmmbilliy and
~ t y Act of 1996 ("HlPA..\i. as amended by the Health lnfo.mmtioo Technology for
&ooomic and Clinical Health Act ("HTfECH Act'). incl~ all applicable regu!miom and
guidance~ by the Sea-dmy of the United Smtes Departmmt oflieahh and Humm~

(collectivdy "HIPAA Ruld'1 mdudin& specifically,, 42 C.F.R. Part 2 and 45 C.F.R.
§§l64.512(e)(l)fti)(B). 164.512(eX1)(v). as well as all mm b:ws and regulations~ the
priwcy and Ralrity of personal mfot:mation (collecti\'-cly with the HIPAA R ~ "Priwcy and
Security Rub~). This Protective O r d e r ~ a Qualified Protective Order,. as that term is

defined in the 'Priv-acy and Security Rules.
2.

The Confidential Infm:mation disclosed will be held and used by the person

J.

in the event either of t h e ~ parties challenges the othet- ~gned

party~s designation of confidentiality.~ for the undersigned parties shall make a good faith
etlbrt to .resolve the dispute. and in t h e ~ of a resol~ the challenging party may seek

resohrtion by the Court. Nothing in this Protecti~·e Order constitutes an admission by either of
the undesigned parties nm Confide:mim Inf01lllation disclosed in this case is relevant or
admissible. Each undemgned party reserves the right to object to the ~or admisslmlityofthe

Conf~ lnformadon.

(a)

The Court and· Court personnd;

(h)

Attorneys representing any party to this proceeding, employees of such
attorneys or law firms with which such attome),-sareassoci.rted;. and other
professional and non-professional persormel providing offiee seniees to

--- -------~su-dl att0t:1~ llr-m.wihm:S (inclmfmg bun:mt nmtred ffi offiec ~
staff and Otitside copying~) but only for purposes oftms Jiti~;
(e)

Consui~ adv~ apem and tbci:r' employ=s retained o.r a:multed
by any party or counsel, but only for purposes of this litigation;

(e)

An officer before whom a depositio.n is ~ including steoogmphic
reporte:rs. v i d ~ and a n y ~ ~ deriall, or other
personnel of such officer;

(t)

The paTtie$ o.r any offieers, directors, o.r employees t:be:m)f, but only for
~ ofthis litigation; and

(g)

WitnesS!eS or potential "'imesses ~ by counsel in good faith, bm
only for the purpose o f ~ evidena:o.rtestimony for any depositioD;,
hearing. trim or other proceeding in this litigation.

The undersigned pmties shoold meet and comer if any production requires a designation of"'For

Attmneys• o.r Experts" Eyes Only.~

5.

Prior to disclosing« disphtying the Confidential lnfmmmion to a n y ~

coonsel for the undersigned nmst:

c.

Require each such person to sign an agreemmt to be bound by this Order in the

form attached as Exhibit A.

""CONFIDENTIAL''• shall not constitute a waiver of the right to designate such doownent m
information as Confidential l.n.funnatlon. lfro-d~ t h e ~

or information shall

thereafter bt~Confidential mfotmatimnubjecti.trall the tams: of dm Sdpu1mioo and
Onkr.
7.

Any Pem:mally Idemifying lnf~on f'Pllj (e.g., soda) secmity mm~

t'immcial account m.tm~ ~ a m t ~ that may be med for identity theft)
~ i n ~ sbaJJ be rmuntained by the ~:ring party in a mmmer that is secure.
8.

Pmswmt to federa,1 Rule of Evidence 5021' the produdion of privileged or v,l.Xk

product privileged~ or «m:mnmicati~ dectronicaUy stored imbmmlion ~ or
other infonnatioo,, \vhether inadvert= or otbawise. shall not constitute a v,lliver of the privilege
or protection ftom discavery in this case or in any other fedeml or s t . a t e ~ This Omer
shall b e ~ to ~idetbe maximum protection allowed by Fedeml Rule of Evidence
S02(d). Nothing conmmed herein is intended to or slmJl serve to limit a party"s right to conduct a

review ofd ~ ESI or information (mcmding metadata) for r e l ~ responsiveness

and/or segreption ofprivileged and/or~ infonmmon before production.
9.

Notwithstanding the designation of information as ~NFIDENTIAL" in

discovery, there is oo pesumption that such informa:rum shall be filed v,ith the Court under seal

The undersigned pa.mes shall follow the Comt*s procedures for requests for filing under SC31.
10.

At the conclusion of litigation, Confidential Information and any copies thereof

shall be promptly (and in oo event later tmm 30 days after entry of fiml judgment no kmger

subject to further appeal) rem:med to the producing party or certilied as destroyed. except that tbe

undersigned pa.mes• counsel shall be permitted to retain their working file on the condition that
those f'tles will remain protected.

11.·

Nothing herein smill precrudc the undersigned parties from disclosing material -

dcslgrmcd to be Confidential Infmmation i f ~ required by bw or pursuant to a valid

~

- ~ n Moreover. notmng herdn matt ~ooe eimer pmty from 1ntrodnclng andlorrajmg
upon d ~ identified as Coor~ mthe proseeution m defense of dm maua-. including

SO STIPULATED AND AGREED.
Dated: _ _ _ _ _ 2022
\Vhite PJams. New York

SOORDERED:

4/6/22