Flores v. The City Of New York

Background

This order concerns a confidentiality agreement and protective order in an action brought by Sugely Flores, Yvelise Beltre, and Oscar Moronta against the City of New York and National Railroad Passenger Corporation, doing business as Amtrak. Amtrak stated that it intended to produce documents and information in response to the parties’ demands that it considered confidential, security-sensitive, or otherwise inappropriate for public disclosure. The parties’ attorneys consented to the agreement, which was submitted to the court for entry as an order.

Terms of the Order

Amtrak may designate documents or materials as “confidential” by marking each page. Confidential materials may be used only to prepare for and try this action. The order limits disclosure to specified “Qualified Persons,” including the parties and their employees and agents, counsel and assisting employees, necessary experts and consultants, the court and its staff under seal, deposition court reporters and videographers, and others mutually approved in writing who sign the required nondisclosure form. Experts and consultants may not receive the materials if they work for a competitor of a defendant, unless that competitor is a party to the action.

Copies and permitted notes, summaries, extracts, and descriptions must also be treated as confidential. 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. Within 60 days after the action ends through a final judgment or dismissal order, parties and covered nonparties generally must return the materials to Amtrak or destroy them with Amtrak’s consent and provide the required certification. Outside counsel may retain copies of court pleadings and deposition or court transcripts or recordings.

Filing Under Seal

The order does not automatically permit any document to be filed under seal. A party seeking to file confidential material with the court must obtain a further court order addressing the specific material. The application must include affidavits and a legal memorandum showing that sealing standards are met and addressing the governing authority identified in the order. The order also establishes notice periods when a party seeks to use another party’s confidential information. Redactions expressly allowed by Federal Rule of Civil Procedure 5.2 may be made without another application.

Ruling and Effect

Judge Ronnie Abrams ordered the confidentiality agreement and protective order. The Southern District of New York retains jurisdiction over matters arising under the order. The order states that Amtrak’s disclosure of confidential materials does not admit that those materials are relevant or admissible, and that if one provision is legally invalid or unenforceable, the remaining provisions continue in effect. The order addresses discovery confidentiality and does not resolve the underlying claims.