Boyd v. Guthrie et al

Filing 112

PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material...SO ORDERED: (Signed by Magistrate Judge Victoria Reznik on 11/25/24) (yv)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK

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Nyjee Boyd

Plaintiff,
against

PROTECTIVE ORDER

Corrections Officer Charles Guthrie, et al.,

22-cv-08549-NSR-VR

Defendants.
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WHEREAS, parties in actions governed by this order will be required to
produce certain documents and information that they may deem to be confidential or
otherwise inappropriate for public disclosure; and

WHEREAS, the parties seek to ensure that the confidentiality ofthese
documents and information remains protected; and

WHEREAS, good cause therefore exists for the entry of an order pursuant
to Rule 26(c) of the Federal Rules of Civil Procedure;

THE COURT HEREBY ORDERS THAT:
1.

As used herein, "Action" shall mean any action that is governed by

2.

"Confidential Materials" shall mean (a) Police Department

this order.

personnel and disciplinary-related records, and records of investigations regarding the
conduct ofMembers oftbe Service of the police departments conducted by the police
departments or other agencies, and ( b) other documents and information that may in
good faith, during the pendency of this litigation, be designated "Confidential
Materials" by the parties or the Court, except that such documents and information

shall not be designated "Confidential Materials" to the extent that they relate to the
incident(s) underlying the Complaint in the action, are obtained by the parties by
subpoena or pursuant to the New York Freedom of Information Law ("FOIL"), or are
otherwise publicly available.
3.
As used herein, "Producing Party" shall mean the party requesting
that a particular document or the information contained therein be deemed confidential,
and "Receiving Party" shall mean any party who is not the "Producing Party," as defined
herein, for that document or information.
4.

A Receiving Party and that party's attorneys (if any) shall not use

Confidential Materials produced in discovery in the Action for any purpose other than the
evaluation, preparation, presentation or settlement of claims or defenses in the Action.
5.

A Receiving Party and that party's attorneys (if any) shall not disclose the

Confidential Materials to any person other than a party, an attorney of record for that
party, or any member of the staff of that attorney's office, except under the
following conditions:
a.

Disclosure may be made for the purpose of
preparing or presenting a party's claims or defenses
in the Action.

b.

Disclosure may also be made to an expert or
consultant who has been retained or specially
employed by a party's attorneys in anticipation of
litigation or preparation for trial of the Action, to a
witness at a deposition or in preparation for
testimony at a deposition or trial, or to the Court.

c.

Defendants' attorneys may also disclose the
Confidential Materials to the Police Department, the

Comptroller's Office, and any applicable legislative
bodies or insurer, solely in connection with the
defense or settlement of this Action.
d.

Before any disclosure is made to a person listed in
subparagraph (b) above (other than to the Court or
to a witness at a deposition), the Receiving Party's
attorney or the Receiving Party shall provide each
such person with a copy of this Protective Order,
and such person shall consent in writing, in the
form annexed hereto as Exhibit A, not to use the
Confidential Materials for any purpose other than
in connection with the prosecution, defense, or
settlement of the Action and not to make
further disclosure of the Confidential Materials,
except in testimony taken in the Action. The
Receiving Party or the attorneys for a Receiving
Party making such disclosure shall retain the
signed consent and furnish a copy to the Producing
Party's attorney upon request at a deposition
or immediately before trial, although the name of
an expert that the Receiving Party does not intend
to call as a trial witness may be redacted from such
a consent before it is produced.

e.

Disclosure
of
medical
records
deemed
"Confidential" under this Protective Order may also
be made to any individual who provided the
treatment described in the records or to a member of
the staff of the hospital, doctor's office, or medical
provider where the treatment was rendered.

6.

The Producing Party or its counsel may designate deposition

exhibits or portions of deposition transcripts as Confidential either by: (a) indicating on
the record during the deposition that a question relates to Confidential Materials, in which
event the reporter will bind the transcript of the designated testimony in a separate
volume and mark it as "Confidential Information Governed by Protective Order;" or
(b) notifying the reporter and all counsel of record, in writing, within 30 days after a
deposition has concluded, of the specific pages and lines of the transcript that are to be
design ated "Confidential," in which event all counsel receiving the transcript will be

responsible for marking the copies of the designated transcript in their possession or
under their control as directed by the Producing Party or that party's counsel.
7.

If a Receiving Party objects to the designation of any Confidential

Materials as confidential, he or she shall state such objection in writing to counsel for the
Producing Party, and counsel shall in good faith attempt to resolve such conflict. If the
conflict cannot be resolved, the objecting party shall, within 45 days of the initial
objection, request the Court to remove the designation.

Any such materials or

information shall be treated as Confidential until the parties resolve the conflict or the
Court issues its ruling regarding the conflict.
8.

Any party seeking to file papers with the Court that incorporate

Confidential Materials or reveal the contents thereof shall first make an application to the
Court for permission to file under seal the specific portions of those papers disclosing
Confidential Materials and shall indicate whether any other party objects to that request.
No materials shall be filed under seal unless the Court has issued an order approving the
filing, in which event the filing shall follow the District Court rules applicable to filing
under seal.
9.

Nothing in this Protective Order shall be construed to limit

a Producing Party's use of its own Confidential Materials in any manner, or to limit the
use of Confidential Materials or their contents to the extent that they are publicly
available or have been provided to a party through other lawful means, such as a FOIL
request.
10.

This 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 heen deemed confidential
pursuant to this order, including all copies and non-conforming copies thereof, shall
remain confidential for all time.

Once the Action has heen resolved, including all

appeals, the Confidential Materials, including all copies and non-conforming copies
thereof, shall not he used hy the Receiving Party for any purpose without prior Court
approval.
11.

The Court will retain jurisdiction over all persons subject to this

Protective Order to the extent necessary to enforce any obligations arising hereunder or to
impose sanctions for any contempt thereof. Additionally, the Court reserves the right, in
its sole discretion, to modify this Protective Order at any time.
SO ORDERED:

Victoria Reznik
United States Magistrate Judge

Dated:

November 25, 2024
White Plains, New York

EXHIBIT A
The undersigned hereby acknowledges that (s)he has read the Protective Order
issued in all cases that are governed by Local Civil Rule 83.10 , which includes the action
entitled X v.Y, et. al., ## CV #### (___) (___), and understands the terms thereof. The
undersigned agrees not to use the Confidential Materials defined therein for any purpose
other than as permitted by the Protective Order, and will not further disclose the
Confidential Materials except in testimony taken in this case.

Date

Signature

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