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r;:::::=-=.-- ,----,,---- 'jUSDS 5 ' ) \ , DOCl'>:. 1 i' ! 'ELE( ( , ' ; ( . , ; .L. IID O C ~ iDATl..__~ ~ ~ _ 8 ! ~ Z Z ; j J INITED STATES DISTRICT COURTSOLJTHERN D1STIUCT OF NEW YORK

EDITH SCIILAI N WINDSOR.Plaintill

v.TilE UNITED STATES OF AMERICA.

Defendant.U.S.ALL:AMES FH

10 eiy, 8435 (13SJ) (JCF)STH>ULATION AND (pnOP06FlItj"ORDER GOVERNINGPROTECTION AND EXCHANGEOF CONFlDENTIA LINFORMATION

WHEREAS. a1l the parties 10 this action (collectively the "Parties" amIindividually a "Party") request that this Court issue a protective order pursuant to FederalRule of Civil Procedure 26(c) 10 protect the confidentiality of nonpublic and sensitivepersonal informlltion that they may need to disclose in connection with discovery in thisaction: and

WHEREAS, the P.u1ies. through counseL agree to the following terms:and

WHEREAS. this Court finds good calise exists for issuance of anappropriate ly t:lilored COil fidentialit y order governing the pretrial phase of this action.

IT IS HEREBY ORDERED that any person subject (0 this Order ---including without limitation the Parties to this action (including their respective corponttepments. successors, and assigns), their representatives, agents. experts and consultants, allthird pm1ies providing discovery in this actioll, and all other interested persons withactLlal or constructive Ilotice of this Order - will adhere to the following terms, uponpain of contl!mpt:

Case 1:10-cv-08435-BSJ -JCF Document 25 Filed 05/27/11 Page 1 of 9

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J. With respect to "Discovery Material" (i.e., information of any kindproduced or disclosed in the course of discovery in this action) that ,1 person hasdesignated as "Confidential" pllrsuant to this Order, no person subject 10 this Order maydisclose slich Conlitlential Dbcovery Material to anyone else except as this Orderexpressly permits.

2. The Party or person producing or disclosing Discovery rVlatcrialCProducing Party") may designate as Conlidential snch material that it reasonably and ingood faith believes consists of:

(a) any inh1rmation of a personal or i n t i m a t l ~ natureregarding any individual: or

(b) any other category of information this Courtsubsequent Iy affords conlidential status.3. With respect to the Confidential portion of any Discovery i\1aterial

other than deposition transcripts and exhibits, the Producing Party or its counsel maydesignate documents as "Confidential" by stamping or otherwise clearly marking as"Confidential" the protected portion in a manner that will not inlerfere with legibility oraudibility.

4. A Producing ParlY Of its counsel may designate deposition exhibitsor p0l1ions of deposition transcripts as Confidential Discovery Material either by: (a)indicating on the record during the deposition that a question calls for C:onlidentialinformation, in which case the reporter will bind the transcript of the designatedt e ~ t i m o n y ill a separate volume and mark it as "ConJidential Infofmation Governed byProlective Order;" Of (b) notifying the reporter and all COUllsl"i of record, in writing.


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within 30 days ancr the transcript of the deposition has been received, of the specificpages and Jines of the transcript thaI are to be designated "Confidential," in which case allcounsel receiving the transcript will be responsible lor marking the copies of thedesignatcd transcript in their possession or under their control as directed by theProducing Party or that person's counsel. During the period after the deposition hastaken place but before the 30 days following the receipt of the deposition transcript haslapsed, all Parties will treat the entire deposition transcript as if it had been designatedConfident ial.

5. If' at any time before the trial of this action a Producing Partyrealizes that it should have designmed as Confidential some portiones} of DiscoveryMaterial that it previously prouuced without limitation, the Producing Party may sodesignate such material by so apprising all prior recipients in writing. Thcrealter, thisCourt and all persons subject to this Order will treat such designated pOI1ion(s) of theDiscovery Material as Confidential.

6, Nothing contained in this Order will be construed as: (a) a waiverby a Pm1y 0)' person of its right to object to an)' discovery request; (b) a waiver of anyprivilege or protection; or (c) a ruling regarding the admissibility at trial of anydocument, testimony, or other evidence.

7. Where a Producing Party has designated Discovery Material asConfident ial, other persons subject to this Onkr may disclose such information only tothe following persons:

(a) the Parties to this action;

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(b) cOllllsel retained specifically it)r this action,including any paralegal. clerical, or other assistant that slich outsidccounsel employs and assigns to this matter:

(c ) outside vendors or service provider:> (such as copy-service providers) that counsel hire amJ assign [0 this matter:

(t!) allY person u Party retains to serve as an expertwitness or otherwise provide specialized advice to counsel in connection\vith this action. provided such person has l i r ~ ; ( executed a Non-DisclosureAgreement in the form annexed as Exhibit A hereto;

(e) witnesses or deponents and their counsel. during thecourse of and in preparation for depositions or testimony, provided suchperson has first executed a Non-Disclosure Agreement in the formannexed as Exhibit A hereto;

(l ) stenographers engnged to transcribe depositions the

Parties conduct in this act ion: and(g) this Court, including any appellate coul1, its support

personnel, and court rep0l1ers.8, Before disclosing any Confidentiul Discovery Material to any

person retCrred to in subparagraphs 7(d) and 7(e) nbove, counsel must provide u copy ofthis Order to slIch person. who must sign a Non-Disclosure Agreement in the farmannexed as Exhibit A hereto stating thai he or she has reud this Order and agrees to bebound by its terms. Counsel must retain each signed Non-Disclosure Agreement and

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produce it to opposing counsel either before such person is permitted to testify (atdeposition or lrial) or al the concillsion of the case, whichever comes I1rsl.

9. Ir allY paper which incorporates any Confidential Materinls orreveals tbe contents thereof is filed in this C01ll1. those p0l1ions of the pupers shall bcdelivcred to the COHrt enclosed in a scaled envelope bearing the caption of this action. anindication of the nature of the contents. ant! the following legend:

CONFIDEN'rIAL:This envelope contains documenls or informationdesignated confidential pursuant to an order entered by theUnited States District COll!1 for the Southern District orNew York in the above-captioned action. This envelopeshall not be opened or unsealed without the expressdirection of a judge of this COUlt. and its contents shall notbe displayed or revealed except as the Court may order.This envelope and ils contents shall at all times bemaintained separate and apart from the publicly availableriles or this case.10. In tiling Conl1dclltial D i s c o v e r y ~ v l a t e r i a l with this COllrt, or filing

portions of any pleadings, motions. or other papers that disclose such ConlldentialDiscovery IVlatcrbl ("Confidential Court Submission"), the Parties shall publicly file nrednctccl copy or Ihe Confidential Court Submission via the Electronic Case FilingSystem. The Parties shall file an unredacted copy of the Confidential Court Submissionunder seal with the Clerk of this COllrt. and the Parties shall serve this Court andopposing counsel with unredacted courtesy copies of the Confidential Court Submission.

11. Any Party who o b j c ~ t s to any designation of confidentiality may atany time before the trial of this action serve upon counsel for the Producing Party awritten notice Slating with particularity the grollnds ofthl.! objection. I f the Parties cannotreach agreelliellt prornptly, counsel lor all affected Parties will address their dispuw to

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this Court in accordance with the Local Rules of this Court and the Federal Rules of CivilProcedure.

12. Recipients of Confidential Disco\'cry tvlatcrial under this Ordermay llse sucb material solely for the prosecution and defense of this action and anyappcals thereto. Nothing contained in this Order, however, will affect or restrict therights of any Party with respect to its own documents or information produced in thisaction.

13. Nothing in this Order will prevent any Pat1y from producing. :myCont1dential Discovery ivlaterial in its possession in response to a lawful subpoena orother compulsory process, or if required to produce by law or by any government agencyhaving jurisdiction, provided that such Party gives written notice to the Producing Partyas soon as rensonably possible, and if pcrmilled by the time allowed under the request, HIleast 10 days before any disclosure. Upon receiving such notice, the Producing Party willbear the burden to oppose compliance with the subpoena. other compulsory process, orother legal notice if the Producing Party deems it appropriate to do so.

14. Each person who has access to Discovery Material designated asConfidential p u r s l l ~ m t to this Order must take all due precantions to prevent theunaut horized or inadvertent disdosure of such materiul.

15. Within 60 days of the final disposition of this action - - includingall appeals --- all recipients of Conlidential Discovery Material must either return it including all copics thereof - \0 the Producing Party. or, upon permission of theProducing Party, destroy such l11aterial- including all copies thereof. In either even!, bythe 60-day deadline, the recipient must certify its n::turn or destruction by submilling a

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IS ' .


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written certification to the Producing Party that afl1rms that it has not r e t ~ l i n e d allY copies,abstral:ts, compilations. summaries, or other forms of reproducing or capturing any of (heConJickntial Discovery .Material. Notwithstanding this provision, the attorneys that theParties have specifically retained for this action rnay retain an archival cop)' of allpleadings. motion papers, transcripts, expert reports, legal memoranda. correspondenl:e.or attorney work product. even if such materials contain Confidential Discovery Material.Any ~ u c h archival copies that contain or constitute Confidential Discovery Materialremain subject to this Order.

16. This Order will survive the termination of the litigation and willcontinue to be binding upon all persons to whom Confidential Discovery Material isproduced or disclosed.

17. This COUJ1 will retain jurisdiction over all persons subject to thisOrder to the extent necessary to enforce any obligations arising hereunder or to imposesanctions l'or any contempt thereof.

,Z. ~ k z h /WoOifo!~ . ~ 'tV C o ~ ' t .

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SO STIPULATED AND AGREED.Respectfully Submitted.

Dated: M a y ~ ~ 2 0 1 1 PAUL, WEISS, RIFKIND. WHARTON& GARRISON LLPBy: fL. f ( ~

Roberta A. Kaplan. Esq.Andrew J. Ehrlich. Esq.1285 Avenue of the AmericasNew York, NY 100]9- and-James D. Esseks, Esq.Rose A. Sax.e, Esq.AMERICAN CIVIL LIBERTIES UNIONFOUNDATION125 Broad StreetNew York, NY 10004-2400- and

Alex.is Kalteron. Esq.Arthur Eisenberg. Esq.NEW YORK CIVIL LIBERTIES UNIONFOUNDATION125 Broad Street, 19th FloorNew York, NY 10004Counsel for Pl(lillfiff

Dated: Ma yd .2011 UNITED STATES DEPARTMENT OF JUSTICE\By:

Washington, DC 20530Counsel for Defendant

8

an Lin. Esq.oMassachusetts Ave . N.W.. 7th FI.


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Dated: ~ a y : z . L t , 2011 BANCROPI' pu.c"By: ~ 6 ~

Paw D. Clement, Esq. .. H. Christopher .B a r t o l o m U c c ~ Esq .. 1919 M Street, NWSuite 470. Washington, DC.20036CounsellorThe Bipartisan r,egcdA,dViiory' G ~ p oftheU.S. Horue ofRepresenlatlves .

Ddid, ' t ' ~ . ; O W Y O U ... . 2Qll ..' '. : .:' : .... SO ORDERED:.. .. - .

KABLE lAMES ~ C I S States Magistrate' Ju(lge

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