United States District Court, S.D. New York
Levine, Esq. Law Office of Alan D. Levine
LETITIA JAMES Attorney General of the State of New York
Attorney for Defendants Janice L. Powers Assistant Attorney
AMENDED STIPULATION AND ORDER
C. MACCARTHY UNITED STATES MAGISTRATE JUDGE
Defendants CO. CHRISTOPHER J. KINNE, CO. TROY LAURIA, CO.
CHAD W. EASTBROOK, and CAPTAIN A. RUSSO (collectively
referred to herein as "Defendants") have agreed to
produce to Counsel for Plaintiff a copy of the case file
("Protected Records") designated as Case File
IAD/14/1115, prepared by the New York State Department of
Corrections and Community Supervision's Office of Special
Investigations ("OSI") in a redacted form.
said Protected Records include the names of witnesses and
other information that could impair future investigations,
implicate security concerns, and are protected from
disclosure by law enforcement privilege.
the 0S1 is concerned that its ability to conduct future
investigations will be compromised if sufficient measures are
not taken to protect the confidentiality of witnesses.
Plaintiff's Counsel recognizes that the Protected Records
are confidential and could cause harm if disclosed, and
acknowledges that the Defendants are producing these
materials in advance of trial in reliance upon the assurance
that the materials will continue to be treated as
"CONFIDENTIAL - ATTORNEYS' EYES ONLY" pursuant
to the terms set forth in this Protective Order.
IS THEREFORE AGREED AND STIPULATED, by and among the
parties and subject to further Order of the Court, that:
Copies of documents from the OSI Case File in redacted form
bearing the designation "CONFIDENTIAL -ATTORNEYS'
EYES ONLY" will be produced to Plaintiff's attorney
within fourteen (14) days of this agreement being so-ordered
by the Court.
Redactions shall include all social security numbers and
personal addresses of any employee of DOCCS or witness
contained within the Protected Records.
Protected Records may only be disclosed to the following:
a. Plaintiff's counsel or record and employees of
Plaintiffs counsel (e.g. secretaries, legal assistants,
paralegals, clerical employees, outside copying and document
management service employees working under the direct
supervision of Plaintiffs counsel);
b. The Court, its officers, and its employees;
c. Court reporter engaged for depositions and those persons,
if any, specifically engaged for the limited purpose of
making photocopies of documents or transcripts; and d.
Consultants, investigators, or experts engaged by