United States District Court, S.D. New York
Dr. Dan Giurca Plaintiffs,
Montefiore Health System, Inc., et al. Defendants.
Attorney's For Plaintiff's Robert W. Sadowski, Esq.
Attorney's For Defendants Mary A. Gambardella, Esq.
STIPULATED PROTECTIVE ORDER
BARBARA MOSES, UNITED STATES MAGISTRATE JUDGE.
Court having found that good cause exists for issuance of an
appropriately tailored confidentiality order governing the
pre-trial phase of this action, and the parties having
stipulated to the following provisions, it is hereby ORDERED
that any person subject to this Order -including without
limitation the parties to this action, their attorneys,
representatives, agents, experts and consultants, acting as
such, all third parties providing discovery in this action,
and all other interested persons with actual or constructive
notice of this Order shall adhere to the following terms,
upon pain of contempt:
Materials May Be Designated as Confidential
person subject to this Order who receives from any other
person any "Discovery Material" (i.e.,
information of any kind provided in the course of discovery
in this action) that is designated as
"Confidential" pursuant to the terms of this Order
shall not disclose such Confidential Discovery Material to
anyone else except as expressly permitted hereunder.
person producing Discovery Material may designate as
"Confidential" any portion thereof that contains
non-public business, commercial, financial, or personal
information, the public disclosure of which is either
restricted by law or would likely, in the good faith opinion
of the producing person, seriously harm the producing
person's business, commercial, financial, or personal
interests or cause the producing person to violate his, her,
or its privacy or confidentiality obligations to others.
Where the confidential portion is reasonably separable from
the non-confidential portion, via redaction or otherwise,
only the confidential portion shall be so designated.
respect to the confidential portion of any Discovery Material
other than deposition transcripts and exhibits, the producing
person or that person's counsel may designate such
portion as "Confidential" by stamping or otherwise
clearly marking as "Confidential" the document or
protected portion in a manner that will not interfere with
legibility or audibility. Deposition testimony may be
designated as "Confidential" either on the record
during the deposition or in writing within five (5) business
days of receipt of the transcript. If so designated, the
final transcript of the designated testimony shall be bound
in a separate volume and marked "Confidential
Information Governed by Protective Order" by the
at any time prior to the trial of this action, a producing
person realizes that some portion of Discovery Material that
that person previously produced without limitation should be
designated as "Confidential," the producing person
may so designate that portion by promptly notifying all
parties in writing. Such designated portion of the Discovery
Material will thereafter be treated as Confidential under the
terms of this Order. In addition, the producing person shall
provide each other party with replacement versions of such
Discovery Material that bears the "Confidential"
designation within two (2) business days of providing such
May Receive Confidential Materials
person subject to this Order, other than the producing
person, shall disclose any Confidential Discovery Material to
any other person whomsoever, except to:
(a) the parties to this action;
(b) counsel retained specifically for this action, including
any paralegal, clerical or other assistant employed by such
counsel and assigned specifically to work on this action;
(c) as to any document, its author, its addressee, and any
other person shown on the face of the document as ...