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Rios v. Gastro Bar & Restaurant Corp.

United States District Court, S.D. New York

December 30, 2019

MIGUEL RIOS, Individually and on behalf of others similarly situated, Plaintiff,
v.
GASTRO BAR & RESTAURANT CORP. c/o TRYP HOTEL, EROS MANAGEMENT AND REALTY, LLC d/b/a TRYP HOTEL NYC and JOHN SHARMA, Defendants.

          THE SCCHER LAW FIRM, LLP Attorneys for Defendants Austin R. Graff, Esq.

          The Klein Law Group P, C. Attorneys for the Plaintiff, Miguel Rios Darren P.B. Rumack, Esq.

          STIPULATION AND ORDER REGARDING CONFIDENTIAL INFORMATION

          Hon. Kevin Nathaniel Fox, U.S.M.J.

         The following provisions shall govern the exchange of confidential information in this matter;

         1. Counsel for any party may designate any document, information contained in a document, information revealed in an interrogatory response or information revealed during a deposition or subpoena response from a third party, as confidential if counsel determines, in good faith, that such designation is sensitive commercial data, such as confidential or proprietary research, development or commercial or business information, customer lists, financial data, or employment records of non-parties.. Information and documents designed as confidential are to be stamped "CONFIDENTIAL," except the documents disclosed by a third party may be designated confidential by letter from counsel. "Confidential" information or documents may be referred to connectively as "Confidential Information."

         2. Unless ordered by the Court or otherwise provided for herein, the Confidential Information disclosed will be held and used by the person receiving such information solely for use in connection with the above-captioned Action.

         3. In the event that a party challenges another party's designation, counsel shall make a good faith effort to resolve the dispute, and in the absence of a resolution, the challenging party may thereafter seek resolution by the Court, Nothing in this Protective Order constitutes an admission by any party that Confidential Information disclosed in this case is relevant or admissible. Each party specifically reserves the right to object to the use or admissibility of all Confidential Information disclosed, in accordance with applicable laws and court rules.

         4. Information or documents designated as "Confidential" shall not be disclosed to any person except:

a. The requesting party and counsel, including in-house counsel;
b. Employees of such counsel assigned to and necessary to assist in the litigation; and
c. Any named parties in this action.
d. The Court (including the clerk, court reporter or stenographer, or other person having access to Confidential Information by virtue of his or her position with the Court) or the jury at trial or as exhibits to motions.
e. Subject to the condition set forth in Paragraph 6 below: consultants or experts in the prosecution or defense of the matter, to the extent deemed necessary by counsel;
f. Subject to the condition set forth in Paragraph 6 below: any person from who testimony is taken or is to be taken in this action, except that such a person may only be shown Confidential Information during and in preparation for his/her ...

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