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Ross v. Willis

United States District Court, S.D. New York

December 26, 2019

ANTOINE ROSS, Plaintiff,
v.
CAPTAIN DION WILLIS, ET AL., Defendants.

          ORDER

         WHEREAS, pursuant to Rule 26 of the Federal Rules of Civil Procedure, the parties in the above-captioned action intend to produce certain documents that they deem to be confidential or otherwise inappropriate for public disclosure; and

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

         WHEREAS, good cause exists for the entry of an order pursuant to Rule 26(c) of the Federal Rules of Civil Procedure; NOW, THEREFORE, it is hereby ordered and adjudged, as follows:

         1. "This Action" shall mean Antoine Ross v. Captain Dion Willis, shield #732; Correction Officer Rochaurd George, shield #18912; Correction Officer Sadoc Genoves, shield #17683, 16-Civ.-6704 (PAE) (KNF) filed in the Southern District of New York.

         2. As used herein, without waiving the right to later interpose objections concerning these documents and information, "Confidential Materials" shall mean:

a. New York City Department of Correction personnel and disciplinary-related records, and records of investigations regarding the conduct of employees of the DOC conducted by the DOC, Inspector General, or other agencies;
b. Plaintiffs medical records;
c. Documents that the parties agree in writing should be designated "Confidential Materials" based on a good faith belief that they should be treated as "Confidential Materials;" and
d. Documents designated by the Court as confidential.

         3. As used herein, "Producing Party" shall mean the party conveying documents or information and the party requesting that a particular document or information contained therein be deemed confidential. "Receiving Party" shall mean any party who is not the "Producing Party," as defined herein, for that document or information.

         4. In order to designate documents or other material as "Confidential" within the meaning of this Protective Order, the Producing Party may affix the legend "Confidential" to the documents or material in a manner so as not to interfere with the legibility thereof, and/or may designate such documents by title, Bates number, or other method reasonably calculated to give notice of the confidentiality designation in a writing directed to all parties. The Producing Party reserves the right to designate any document confidential pursuant to this agreement, if necessary, after production of such documents to the Receiving Party.

         5. A Receiving Party 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 ...

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