Equitable Financial Life Insurance Company v. Triantafillou et al

Filing 74

STIPULATED CONFIDENTIALITY AGREEMENT AND PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material...SO STIPULATED AND AGREED. SO ORDERED. Motions terminated: 73 CONSENT LETTER MOTION for Discovery to so-order confidentiality agreement addressed to Judge Philip M. Halpern from Alex Kadochnikov dated 09/23/2024. filed by Alysha Triantafillou as Administratrix of the Estate of Ioannis Triantafillou. (Signed by Judge Philip M. Halpern on 9/24/2024) (jca)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
EQUITABLE FINANCIAL LIFE INSURANCE
COMPANY
Plaintiff(s),
- against -

STIPULATED
CONFIDENTIALITY
AGREEMENT AND
PROTECTIVE ORDER
7:23-cv-07905-PMH

ALYSHA TRIANTAFILLOU, ALYSHA
TRIANTAFILLOU AS
ADMINISTRATRIX OF THE ESTATE OF
IOANNIS TRIANTAFILLOU, TAMMY
THANOS, CHRISTINA
STEFANOPOULOS
Defendant(s).
PHILIP M. HALPERN, United States District Judge:
WHEREAS, all the parties to this action (collectively the “Parties” and
individually a “Party”) request that this Court issue a protective order pursuant to Federal Rule of
Civil Procedure 26(c) to protect the confidentiality of nonpublic and competitively sensitive
information that they may need to disclose in connection with discovery in this action;
WHEREAS, the Parties, through counsel, agree to the following terms; and
WHEREAS, this Court finds good cause exists for issuance of an appropriately
tailored confidentiality order governing the pretrial phase of this action,
IT IS HEREBY ORDERED that any person subject to this Order – including
without limitation the Parties to this action (including their respective corporate parents,
successors, and assigns), their representatives, agents, experts and consultants, all third parties
providing discovery in this action, and all other interested persons with actual or constructive
notice of this Order — will adhere to the following terms, upon pain of contempt:

With respect to “Discovery Material” (i.e., information of any kind

1.

produced or disclosed in the course of discovery in this action) that a person has designated
as “Confidential” pursuant to this Order, no person subject to this Order may disclose such
Confidential Discovery Material to anyone else except as this Order expressly permits:
2.

The Party or person producing or disclosing Discovery Material

(“Producing Party”) may designate as Confidential only the portion of such material that it
reasonably and in good faith believes consists of:
a) previously non-disclosed 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 non-disclosed material relating to ownership or control of any
non-public company;
c) previously non-disclosed business plans, product-development
information, or marketing plans;
d) any information of a personal or intimate nature regarding any individual;
or
e) any other category of information this Court subsequently affords
confidential status.
3. With respect to the Confidential portion of any Discovery Material other
than deposition transcripts and exhibits, the Producing Party or its counsel may designate
such portion as “Confidential” by: (a) stamping or otherwise clearly marking as
“Confidential” the protected portion in a manner that will not interfere with legibility or
audibility; and (b) producing for future public use another copy of said Discovery Material

with the confidential information redacted.
4.

A Producing Party or its counsel may designate deposition exhibits or

portions of deposition transcripts as Confidential Discovery Material either by: (a) indicating
on the record during the deposition that a question calls for Confidential information, in which
case 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 designated “Confidential,” in
which case 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 person’s counsel. During the 30-day period following a deposition, all Parties
will treat the entire deposition transcript as if it had been designated Confidential.
5.

If at any time before the trial of this action a Producing Party realizes

that it should have designated as Confidential some portion(s) of Discovery Material that it
previously produced without limitation, the Producing Party may so designate such material
by so apprising all prior recipients in writing. Thereafter, this Court and all persons subject to
this Order will treat such designated portion(s) of the Discovery Material as Confidential.
6.

Nothing contained in this Order will be construed as: (a) a waiver by a

Party or person of its right to object to any discovery request; (b) a waiver of any privilege or
protection; or (c) a ruling regarding the admissibility at trial of any document, testimony, or
other evidence.
7.

Where a Producing Party has designated Discovery Material as

Confidential, other persons subject to this Order may disclose such information only to the
following persons:

a)

the Parties to this action, their insurers, and counsel to their insurers;

b)

counsel retained specifically for this action, including any paralegal,

c)

clerical, or other assistant that such outside counsel employs and assigns
to this matter;

d)

outside vendors or service providers (such as copy-service providers
and document-management consultants) that counsel hire and assign to
this matter;

e)

any mediator or arbitrator that the Parties engage in this matter or that
this Court appoints, provided such person has first executed a
Non-Disclosure Agreement in the form annexed as an Exhibit hereto;

f)

as to any document, its author, its addressee, and any other person
indicated on the face of the document as having received a copy;

g)

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 Non-Disclosure Agreement in the form
annexed as an Exhibit hereto;

h)

any person a Party retains 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;

i)

stenographers engaged to transcribe depositions the Parties conduct in
this action; and

j)

this Court, including any appellate court, its support personnel, and
court reporters.

8.

Before disclosing any Confidential Discovery Material to any person

referred to in subparagraphs 7(d), 7(f), or 7(g) above, counsel must provide a copy of this
Order to such person, who must sign a Non-Disclosure Agreement in the form annexed as an
Exhibit hereto stating that he or she has read this Order and agrees to be bound by its terms.
Said counsel must retain each signed Non-Disclosure Agreement, hold it in escrow, and
produce it to opposing counsel either before such person is permitted to testify (at deposition
or trial) or at the conclusion of the case, whichever comes first.
9.

In accordance with Rule 5 of this Court’s Individual Practices, any

party filing documents under seal must simultaneously file with the Court a letter brief and
supporting declaration justifying – on a particularized basis – the continued sealing of such
documents. The parties should be aware that the Court will unseal documents if it is unable to
make “specific, on the record findings . . . demonstrating that closure is essential to preserve
higher values and is narrowly tailored to serve that interest.” Lugosch v. Pyramid Co. of
Onondaga, 435 F.3d 110, 120 (2d Cir. 2006).
10.

The Court also retains discretion whether to afford confidential

treatment to any Discovery Material designated as Confidential and submitted to the Court in
connection with any motion, application, or proceeding that may result in an order and/or
decision by the Court. 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.
11.

In filing Confidential Discovery Material with this Court, or filing

portions of any pleadings, motions, or other papers that disclose such Confidential Discovery
Material (“Confidential Court Submission”), the Parties shall publicly file a redacted copy of
the Confidential Court Submission via the Electronic Case Filing System. The Parties shall

file an unredacted copy of the Confidential Court Submission under seal with the Clerk of this
Court, and the Parties shall serve this Court and opposing counsel with unredacted courtesy
copies of the Confidential Court Submission.
12.

Any Party who objects to any designation of confidentiality may at any

time before the trial of this action serve upon counsel for the Producing Party a written notice
stating with particularity the grounds of the objection. If the Parties cannot reach agreement
promptly, counsel for all affected Parties will address their dispute to this Court in accordance
with paragraph 4(D) of this Court’s Individual Practices.
13.

Any Party who requests additional limits on disclosure (such as

“attorneys’ eyes only” in extraordinary circumstances), may at any time before the trial of this
action serve upon counsel for the recipient Parties a written notice stating with particularity the
grounds of the request. If the Parties cannot reach agreement promptly, counsel for all affected
Parties will address their dispute to this Court in accordance with paragraph 4(D) of this
Court’s Individual Practices.
14.

Recipients of Confidential Discovery Material under this Order may

use such material solely for the prosecution and defense of this action and any appeals thereto,
and not for any business, commercial, or competitive purpose or in any other litigation
proceeding. Nothing contained in this Order, however, will affect or restrict the rights of any
Party with respect to its own documents or information produced in this action.
15.

Nothing in this Order will prevent any Party from producing any

Confidential Discovery Material in its possession in response to a lawful subpoena or other
compulsory process, or if required to produce by law or by any government agency having
jurisdiction, provided that such Party gives written notice to the Producing Party as soon as
reasonably possible, and if permitted by the time allowed under the request, at least 10 days

before any disclosure. Upon receiving such notice, the Producing Party will bear the burden to
oppose compliance with the subpoena, other compulsory process, or other legal notice if the
Producing Party deems it appropriate to do so.
16.

Each person who has access to Discovery Material designated as

Confidential pursuant to this Order must take all due precautions to prevent the unauthorized
or inadvertent disclosure of such material.
17.

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.
18.

If a disclosing party makes a claim of inadvertent disclosure, 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.
19.

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.
20.

The receiving party may move the Court for an Order compelling

production of the Inadvertently Disclosed Information. The motion shall be filed under seal,
and shall not assert as a ground for entering such an Order the fact or circumstances of the
inadvertent production.
21.

The disclosing party retains the burden of establishing the privileged or

protected nature of any Inadvertently Disclosed Information. Nothing in this Order shall limit

the right of any party to request an in camera review of the Inadvertently Disclosed
Information.
22.

Within 60 days of the final disposition of this action – including all

appeals – all recipients of Confidential Discovery Material must either return it – including all
copies thereof – to the Producing Party, or, upon permission of the Producing Party, destroy
such material – including all copies thereof. In either event, by the 60-day deadline, the
recipient must certify its return or destruction by submitting a written certification to the
Producing Party that affirms that it has not retained any copies, abstracts, compilations,
summaries, or other forms of reproducing or capturing any of the Confidential Discovery
Material. Notwithstanding this provision, the attorneys that the Parties have specifically
retained for this action may retain an archival copy of all pleadings, motion papers,
transcripts, expert reports, legal memoranda, correspondence, or attorney work product, even
if such materials contain Confidential Discovery Material. Any such archival copies that
contain or constitute Confidential Discovery Material remain subject to this Order.
23.

This Order will survive the termination of the litigation and will

continue to be binding upon all persons to whom Confidential Discovery Material is produced
or disclosed.
24.

This Court will 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.
Lisa. A. Herbert

/s/ Herbert
_____________________________
Attorney for nonparty Equitable Financial
Life Insurance Company
Nelson Mullins Riley & Scarborough LLP
330 Madison Avenue, 27th Floor
New York, New York 10017
Joshua S. Androphy

Mark A. Rubeo

/s/Androphy
_____________________________
Attorney for the Defendant Cross-Claimant
Tammy Thanos
MORRISON + TENENBAUM PLLC
87 WALKER STREET, FLOOR 2, NEW
YORK, NY 10013

/s/ Rubeo
_____________________________
Attorney for the Defendant Cross-Claimant
Christina Stefanopoulos
Reisman Rubeo, LLP
151 Broadway
Hawthorne, New York 10532

SO ORDERED.
Alexander Kadochnikov

/s/Kadochnikov
_____________________________
Dated:
AttorneyNew
for the
Defendant
Alysha Triantafillou and
York,
New York
Alysha Triantafillou as Administratrix of the Estate of
Ioannis Triantafillou
Shiryak, Bowman, Anderson,
Gill & Kadochnikov, LLP
80-02 Kew Gardens Road, Suite 600
Kew Gardens, NY 11415

_________________________________
Philip M. Halpern
United States District Judge
Dated: White Plains, New York
September 24, 2024

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
EQUITABLE FINANCIAL LIFE
INSURANCE COMPANY

NON-DISCLOSURE
AGREEMENT

Plaintiff(s),
- against -

Civ.

(PMH)

ALYSHA TRIANTAFILLOU, ALYSHA
TRIANTAFILLOU AS
ADMINISTRATRIX OF THE ESTATE
OF IOANNIS TRIANTAFILLOU,
TAMMY
THANOS, CHRISTINA
STEFANOPOULOS
Defendant(s).
I,

, acknowledge that I have read and

understand the Protective Order in this action governing the non-disclosure of those portions of
Discovery Material that have been designated as Confidential. I agree that I will not disclose
such Confidential Discovery Material to anyone other than for purposes of this litigation and that
at the conclusion of the litigation I will return all discovery information to the Party or attorney
from whom I received it. By acknowledging these obligations under the Protective Order, I
understand that I am submitting myself to the jurisdiction of the United States District Court for
the Southern District of New York for the purpose of any issue or dispute arising hereunder and
that my willful violation of any term of the Protective Order could subject me to punishment for
contempt of Court.

Dated: