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Penzo v. Consolidated Edison Co. of New York, Inc.

United States District Court, S.D. New York

January 10, 2020

EMILY PENZO, Plaintiff,
v.
CONSOLIDATED EDISON COMPANY OF NEW YORK, INC., Defendant.

          Laine Alida Armstrong. Advocates for Justice Chartered Attorneys Attorneys for Plaintiff Emily Penzo

          Christopher A. D'Angelo, Esq. Consolidated Edison Company of New York, Inc.

          Of Counsel: Lynelle J. Slivinski Attorneys for Defendant Consolidated Edison Company of New York, Inc.

          CONFIDENTIALITY AGREEMENT & ORDER

          ANALISA TORRES, UNITED STATES DISTRICT JUDGE

         IT IS HEREBY STIPULATED AND AGREED by and between the undersigned counsel for Plaintiff Emily Penzo ("Penzo") and Defendant Consolidated Edison Company of New York, Inc. ("Con Edison") (collectively "the parties"), through their undersigned counsel, that the following provisions shall govern the treatment of confidential documents and information produced by or obtained from cither party during discovery in this action:

         1. Counsel for either party may designate any document, information contained in a document, information revealed in an interrogatory response, or information revealed during a deposition as confidential (hereinafter "Confidential Information"). Confidential Information will be stamped "CONFIDENTIAL."

         2. "Confidential Information" shall mean all documents and testimony, and all information contained therein, and other information designated as confidential, if such Confidential Information contain trade secrets, proprietary business information, competitively sensitive information, private or sensitive customer information, private or sensitive employee information, including but not limited to medical or disciplinary records, or other information the disclosure of which would, in the good faith judgment of the party designating the material as confidential, be detrimental to the conduct of that party's business or the business of any of that party's customers or clients, or would otherwise infringe upon the privacy rights of that party's customers or employees.

         3. 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.

         4. In the event a party challenges another party's confidential designation, counsel shall make a good faith effort to resolve the dispute in a timely manner, and in the absence of a resolution, the challenging party may thereafter seek resolution by the Court. Nothing in this confidentiality agreement 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 law and Court rules.

         5. 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. Con Edison Law Department employees assigned to and necessary to assist in the litigation;
c. Consultants or experts assisting in the prosecution or defense of the matter, to the extent deemed necessary by counsel;
d. Any person from whom testimony is taken or is to be taken in these actions, except that such a person may only be shown that Confidential Information during and in preparation for his/her testimony and ...

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