Garay v. NYC Health and Hospitals Corporation

• Court: District Court, S.D. New York
• Decided: November 9, 2021
• Docket: 1:21-cv-06244
• Status: Unknown

Opinion

JULIE GARAY, Civ. No. 1:21- cv-06244 (JMF) Plaintiff, v.

NYC HEALTH & HOSPITALS CORPORATION

Defendant.

PROTECTIVE ORDER

WHEREAS, on October 1, 2015, the Court issued the Second Amended Standing Administrative Order 11 Misc. 003 for the mediation of certain counseled employment cases;

WHEREAS, the Order requires the parties to exchange certain documents and information within 30 days of the filing of an Answer;

WHEREAS, the parties seek to ensure that the confidentiality of these documents and information remains protected; and

WHEREAS, good cause therefore exists for the entry of an order pursuant to Rule 26(c) of the Federal Rules of Civil Procedure, it is hereby

ORDERED that the following restrictions and procedures shall apply to the information and documents exchanged by the parties pursuant to the Discovery Protocol:

1. Counsel for any party may designate any document or information, in whole or in part, as confidential if counsel determines, in good faith, that such designation is necessary to protect the interests of the client. Information and documents designated by a party as confidential will be stamped "CONFIDENTIAL."

2. The parties agree that the following non-exhaustive list of information shall be deemed CONFIDENTIAL, and will be redacted in any public filing: any personal identifying numbers, medical records (including, but not limited to, information regarding treatment and diagnosis), employment history, individual financial information, proprietary or trade secret information, and information regarding an individual’s cooperation with the government.

3. The Confidential Information disclosed will be held and used by the person receiving such information solely for use in connection with the action.

4. In the event a party challenges another party's designation of confidentiality, counsel shall 5. The parties should meet and confer if any production requires a designation of "For Attorneys’ or Experts' Eyes Only." All other 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; c. Consultants or experts assisting in the prosecution or defense of the matter, to the extent deemed necessary by counsel; and d. The Court (including the mediator, or other person having access to any Confidential Information by virtue of his or her position with the Court). 6. Prior to disclosing or displaying the Confidential Information to any person, counsel must: a. Inform the person of the confidential nature of the information or documents; b. Inform the person that this Court has enjoined the use of the information or documents by him/her for any purpose other than this litigation and has enjoined the disclosure of the information or documents to any other person; and c. Require each such person to sign an agreement to be bound by this Order in the form attached hereto. 7. The disclosure of a document or information without designating it as "confidential" shall not constitute a waiver of the right to designate such document or information as Confidential Information. If so designated, the document or information shall thenceforth be treated as Confidential Information subject to all the terms of this Stipulation and Order. 8. At the conclusion of litigation, the Confidential Information and any copies thereof shall be promptly (and in no event later than 30 days after entry of final judgment no longer subject to further appeal) returned to the producing party or certified as destroyed, except that the parties' counsel shall be permitted to retain their working files on the condition that those files will remain protected.

stipulation binds the parties to treat as confidential at Kalmanson documents so classified. This Court, however, has Kalmanson Law Office, PLLC reviewed the documents referenced herein: . by so ordering this stipulation, the Court One Liberty Plaza no finding as to whether the documents are 165 Broadway, Floor onfidential. That finding will be made, if ever, upon a New York, NY 10006 review pursuant to the T: (646) 759-3655 set forth in the Court’s Individual Rules and E: kim@kalmansonlawoffice.com and subject to the presumption in favor of Attorneys for Plaintiff access to “judicial documents.” See generally v. Pyramid Co. of Onondaga, 435 F.3d 110, 19-20 (2d Cir. 2006). To that end, the Court does not mp so order” any provision to the extent that it purports to DT the parties to file documents under seal Taylor A. Dean . a prior court order. See New York ex rel. Special Assistant Corporation v. Spherion Corp., No. 15-CV-6605 (JMF), Counsel of the City of New York WL 3294170 (S.D.N.Y. July 19 ). 31 West 52" Street New York, NY 10019 ORDERED. /) Abe T: (212) 878-8175 7 B- tavlor deanimicliffordchance cam

I have been informed by counsel that certain documents or information to be disclosed to me in connection with the matter entitled have been designated as confidential. I have been informed that any such documents or information labeled "CONFIDENTIAL" are confidential by Order of the Court.

I hereby agree that I will not disclose any information contained in such documents to any other person. I further agree not to use any such information for any purpose other than this litigation.

DATED:

Signed in the presence of:

(Attorney)