Ruiz v. City Of New York

Background

The opinion is a confidentiality agreement and protective order in an action brought by Helene Ruiz against the City of New York, the Metropolitan Transportation Authority, the New York City Transit Authority, National Railroad Passenger Corporation (Amtrak), and MSG Arena, LLC. Amtrak intended to produce documents and information in response to party demands that it considered confidential, security-sensitive, or otherwise inappropriate for public disclosure. The parties’ attorneys stipulated to the agreement and submitted it to the court for entry as an order.

Terms of the Order

Amtrak may designate documents as confidential by marking them “CONFIDENTIAL.” Confidential materials may be used only to prepare for and try this action. Access is limited to the parties and their employees and agents, counsel and assisting employees, necessary experts and consultants subject to the order’s restrictions, the court and its staff under seal, deposition court reporters and videographers, and other people mutually approved in writing who sign the required nondisclosure agreement.

People who receive the materials must keep them confidential and maintain control over them. Copies, notes, summaries, extracts, and descriptions are also covered. The parties must notify Amtrak in writing within 24 hours after discovering that confidential materials were misplaced, lost, stolen, or accessed electronically by an unauthorized user.

A party may not file confidential materials under seal without a further court order addressing the specific material. An application to seal must include supporting affidavits and a legal memorandum addressing the applicable sealing standards, including the requirements discussed in Lugosch v. Pyramid Co. of Onondaga. The order also establishes advance-notice procedures when a party seeks to use another party’s confidential information in court and states that ordinary redactions allowed by Federal Rule of Civil Procedure 5.2 may be made without another application.

Within 60 days after the action ends through a final judgment or dismissal order, parties and most other people subject to the order must either return the confidential materials to Amtrak or destroy them with Amtrak’s consent and provide the required written certification. Outside counsel may retain copies of court-filed pleadings and deposition and court transcripts or recordings. The Southern District of New York retains jurisdiction over disputes arising under the protective order.

Ruling and Effect

The court ordered the confidentiality agreement and protective order, as indicated by the “SO ORDERED” notation. The order does not constitute an admission by Amtrak that the disclosed materials are relevant or admissible. It addresses handling of discovery materials and does not decide the underlying claims or the parties’ ultimate rights.