John Doe v. City Of New York

Nature of the Order

The parties jointly submitted a confidentiality and protective order under Rules 26(c) and 34 of the Federal Rules of Civil Procedure. The order governs documents and information produced during discovery that the parties designate as confidential. The court approved the stipulation with the notation “SO ORDERED.”

Information Covered

The order defines confidential materials to include:

- Information revealing John Doe’s and Richard Roe’s true names, images, likenesses, or other identifying information; - Information contained only in sealed court filings, including the unredacted complaint; - Employment and personnel records of the individual defendants; - Disciplinary and investigative records from the Civilian Complaint Review Board, the Internal Affairs Bureau, other New York City Police Department divisions, or other government agencies; - Identifying and contact information, photographs, videos, and other personal information about nonparty individuals and witnesses; - Certain nonpublic New York City Police Department training materials; - Medical evaluation, treatment, and medical-record information; and - Counseling and mental-health records.

Materials in several of these categories are not confidential under the order if John Doe lawfully obtained them from a source other than the defendants or if they are otherwise publicly available. The parties may also designate documents after production, including documents produced by nonparties or health-care providers, subject to the order’s terms.

Use and Disclosure Restrictions

Confidential materials may be used only to prepare, settle, or present this action. Disclosure is generally limited to attorneys and their staff, and may also be made when necessary to approved experts, deposition witnesses, court reporters, or the court. Before disclosure to covered individuals, the recipient must receive the order and agree in writing not to use or further disclose the materials except as permitted for this case.

The order also provides that accidentally producing privileged or otherwise protected information does not waive the privilege or the producing party’s objections to its use.

Challenges and Court Filings

A party disputing a confidentiality designation must object in writing, and the parties must try in good faith to resolve the dispute. If they cannot, the objecting party must seek court intervention within the stated 30-day period. The material remains confidential until the dispute is resolved by the parties or the court.

Documents filed with the court that contain confidential materials must initially be submitted under seal with a request for permission to seal. The order states that no document may be filed under seal without a further court order addressing the specific material. A sealing request must include supporting affidavits and a legal memorandum addressing the governing standards, including the standards discussed in Lugosch v. Pyramid Co. of Onondaga. The order does not change the court’s authority or the standards governing public access to court filings.

After the Case

Within 30 days after the case ends, including any appeals, confidential materials generally must be returned to the applicable party’s attorneys or destroyed with their consent. Counsel may retain one copy and attorney-work-product materials as required by law, subject to safeguards. Materials that cannot reasonably be deleted from a database or review platform must be quarantined and secured.

The confidentiality obligations continue after the litigation ends. The court retains jurisdiction over persons subject to the order as necessary to enforce its obligations or impose contempt sanctions.

Disposition and Effect

Judge P. Kevin Castel entered the parties’ stipulated confidentiality and protective order. The order addresses discovery and information-management procedures; it does not resolve the merits of John Doe’s claims against the City of New York, NYPD, Sergeant Richard Roe, or the other listed defendants.