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Karol v. City of New York

United States District Court, S.D. New York

January 10, 2020

STANLEY KAROL, Plaintiff,
v.
CITY OF NEW YORK, KENNETH K. WONG, Badge No. 8, EDUARDO CAUTELA, Badge No. 2903. ROBERT P. CANONICA, Badge No. 195, and MICHAEL J. GILLEN,, Badge No. 905, Defendants.

          EMERY CELLIBRINCKERHOFF & ABADY LLP Andrew G. Cell. Jr. Debra L. Greenberger Andrew K. Jondahl Attorneys for Plaintiff

          JAMES E. JOHNSON Corporation Counsel of the City of New York Karen B. Selvin Carlos Fernando Ugalde Alvarez Attorneys for Defendant Eduardo Cautela and Non-Party The City of New York

          STIPULATION AND PROTECTIVE ORDER

          HOT. JOHN G. KOELTL JUDGE

         Subject to the Court's approval, the parties in the above-captioned action (this "Action")-i.e., Plaintiff Stanley Karol and Defendant Eduardo Cautela (individually, a "Party," and collectively, the "Parties")-as well as the City of New York (the "City"), hereby stipulate to the following protective order pursuant to Rule 26(c) of the Federal Rules of Civil Procedure. This Stipulation and Protective Order (i) limits the review, copying, dissemination, and filing of confidential and/or highly confidential material (as defined herein), and (ii) sets forth the procedures for designating and protecting such material.

         Designation of Discovery Materials as Confidential or Highly Confidential

         1. This Stipulation and Protective Order shall apply to, and govern, all confidential or highly confidential information, as defined in Paragraphs 3 and 4 herein ("Protected Material"). This Protected Material could include: (a) information disclosed in depositions; (b) documents produced in response to requests for production of documents; (c) answers to interrogatories; (d) responses to requests for admissions; (e) all other discovery in any form; and (f) all copies thereof and information contained therein.

         2. When used in this Stipulation and Protective Order, the phrase "Disclosing Party" shall refer to the Parties or the City of New York producing Protected Material, and the phrase "Receiving Party" shall refer to the Parties receiving Protected Material. from a Disclosing Party.

         3. A Disclosing Party may designate as "CONFIDENTIAL" any information, whether or not embodied in any physical or electronic medium, that the Disclosing Party believes in good faith constitutes (a) proprietary, governmental or sensitive information that is used in, or pertaining to, the Disclosing Party's business or operations, which information is not generally known and which the Disclosing Party would normally not reveal to third parties or, if so revealed, would cause such third parties to maintain in confidence, and/or (b) information that fells into one or more of the following categories: (i) information that-by itself or in combination with other information-may identify a person (e.g., names, personal addresses, phone numbers, e-mail addresses, birth dates, Social Security numbers, driver's license numbers, and IP addresses); (ii) medical, psychological, or mental health records and other medical information; (iii) financial account information and Social Security numbers; (iv) dates of birth; or (v) information required to be kept confidential by law or by court order, provided however that any person or entity has the right to waive confidentiality with respect to information pertaining to him, her, or it to the extent permitted under law.

         4. A Disclosing Party may designate as "HIGHLY CONFIDENTIAL" any information, whether or not embodied in any physical or electronic medium, that the Disclosing Party believes in good faith-by itself or in combination with other information-may identify a person who has submitted to the City of New York, in any form, an anonymous complaint about Plaintiff and/or the dwelling located at 418 37th Street, Brooklyn, New York (e.g., names, personal addresses, phone numbers, e-mail addresses, birth dates, Social Security numbers, driver's license numbers, and IP addresses).

         5. Nothing herein shall impose any additional confidentiality obligation upon: (i) information that was or is in the public domain; (ii) information that already was in the possession of the Receiving Party in the form in which it was produced; (iii) information known to the Receiving Party through proper means; or (iv) information obtained by a Party or the City from a source other than the Disclosing Party who is or was rightfully in possession of such information on a non-confidential basis. A Party may challenge a designation, pursuant to Paragraph 20, on the basis that information would be obtainable through a public records request.

         6. In the event any Receiving Party subsequently receives a public record request, subpoena, or other process or order to produce such information, such Receiving Party shall promptly notify the Disclosing Party and provide it with a copy of the request, and shall make reasonable efforts to provide the Disclosing Party with reasonable time to object to such disclosure. Nothing in this Stipulation and Protective Order shall be construed (a) to require the Receiving Party to give written notice where prohibited by law, (b) to relieve or prevent any Party from discharging its duties under law, or (c) to release and discharge any Party from its obligations to comply with requests that are made for documents.

         Who May Receive Protected Material & Use Limitations

         7. Protected Material subject to this Stipulation and Protective Order may be used only for purposes of this Action and shall not be disclosed by the Receiving Party to anyone other than those listed in Paragraphs 10 and 11 herein, except by prior written agreement of the Parties and the City, or by order of the Court. Any person receiving Protected Material shall use reasonable measures to store and maintain the Protected Material so as to prevent unauthorized disclosure. Reasonable measures include, but are not limited to, taking any necessary action to maintain the security and integrity of data and files.

         8. Persons to whom Protected Material is disclosed per Paragraphs 10 and 11 herein shall be informed, prior to being shown materials marked as "CONFIDENTIAL" or "HIGHLY CONFIDENTIAL," that he/she (i) is being shown such materials solely for use in this Action, and (ii) shall not retain any documents marked as "CONFIDENTIAL" or "HIGHLY CONFIDENTIAL" after the termination of this Action.

         9. The recipient of any Protected Material that is provided under this Stipulation and Protective Order shall maintain such material under direct control of counsel for the Receiving Party, who shall use reasonable efforts to prevent any disclosure thereof, except in accordance with the terms of this Stipulation and Protective Order. All copies, reproductions. summarizations, extractions, and abstractions of the Protected Material shall be subject to the terms of this Stipulation and Protective Order ahd labeled in the same manner as the designated material upon which they are based.

         10. In the absence of an order of the Court, Protected Material designated as "CONFIDENTIAL" may be disclosed or made available only to the following persons:

a. The named parties to this Action and the attorneys working on this Action on behalf of any party, in-house/agency attorneys, paralegals and staff, stenographic and clerical employees, and contractors working under the direct supervision of such counsel;
b. Any expert or consultant who is expressly retained by any attorney described in Paragraph 10(a) to assist in this Action, and their employees, with disclosure only to the extent reasonably necessary to perform such work;
c. Any deponent:
i. if it appears that the deponent authored or received a copy of the ...

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