Judge Judith C. McCarthy — United States District Court, Southern District of New York

Conduct Of Counsel At Trial

Issued June 16, 2015 Page 1 of 2

MAGISTRATE JUDGE JUDITH C. McCARTHY CONDUCT OF COUNSEL AT TRIAL

When appearing in this Court, unless excused by Judge McCarthy, all counsel (including any other people at counsel table), shall adhere to the following rules:

1. Stand as Court is opened, recessed, or adjourned.

2. Stand when the jury enters or exits the courtroom.

3. Stand when addressing, or being addressed by, the Court.

4. Stand at the lectern while examining any witness—except that counsel may approach the Courtroom Deputy’s desk or the witness for purposes of handling or tendering exhibits.

5. Address all remarks to the Court, not to opposing counsel.

6. Be respectful of opposing counsel and the litigants or witnesses.

7. Refer to all persons, including witnesses, other counsel, and parties by their surnames and not by their first or given names.

8. Only one attorney for each party shall examine, or cross-examine, each witness. The attorney stating objections, if any, during direct-examination, shall be the attorney recognized for cross-examination.

9. Request permission before approaching the bench.

10. Any document counsel wish to have the Court examine should be handed to the Courtroom Deputy.

11. Any exhibit offered in evidence should, at the time of such offer, be handed to opposing counsel. At the end of trial, counsel should make sure they have all of their exhibits. The Courtroom Deputy is not responsible for them.

12. If you intend to question a witness about a group of documents, avoid delay by having all the documents with you when you start examination.

13. In making objections, counsel should state only the legal grounds for the objection and should withhold all further comment or argument unless elaboration is requested by the Court.

Issued June 16, 2015 Page 2 of 2

14. In advance of each trial session, counsel for the party going forward at that session should show opposing counsel the exhibits s/he intends to introduce at the session. The opponent shall indicate those exhibits to which s/he has no objection, and the Court will admit them when offered at the session. Those exhibits to which there is an objection shall be presented to the Court for ruling before the opening of the session. If possible, the Court will rule on the objection then, thereby eliminating the necessity for a sidebar conference when the exhibit is offered.

15. Offers of, or requests for, a stipulation should be made privately, not within the hearing of the jury.

16. Do not face or otherwise appear to address yourself to jurors when questioning a witness.

17. Sidebar conferences will presumptively not be tolerated, except in extraordinary and unforeseen circumstances. These conferences have a distracting effect on the jury, and the parties should strive to postpone raising issues outside the jury’s presence until the next recess, except when an immediate conference appears necessary to avoid unfair prejudice.

18. In opening statements and in argument to the jury, counsel shall not express personal knowledge or opinion concerning any matter in issue. In addition, counsel shall not offer a specific dollar amount that the jury should award for pain and suffering.

Consent to Proceed Before US Magistrate Judge

AO 85 (Rev. 02/17) Notice, Consent, and Reference of a Civil Action to a Magistrate Judge UNITED STATES DISTRICT COURT for the __________ District of __________ ) ) ) ) ) Plaintiff v. Civil Action No. Defendant NOTICE, CONSENT, AND REFERENCE OF A CIVIL ACTION TO A MAGISTRATE JUDGE Notice of a magistrate judge’s availability. A United States magistrate judge of this court is available to conduct all proceedings in this civil action (including a jury or nonjury trial) and to order the entry of a final judgment. The judgment may then be appealed directly to the United States court of appeals like any other judgment of this court. A magistrate judge may exercise this authority only if all parties voluntarily consent. You may consent to have your case referred to a magistrate judge, or you may withhold your consent without adverse substantive consequences. The name of any party withholding consent will not be revealed to any judge who may otherwise be involved with your case. Consent to a magistrate judge’s authority. The following parties consent to have a United States magistrate judge conduct all proceedings in this case including trial, the entry of final judgment, and all post-trial proceedings. Printed names of parties and attorneys Signatures of parties or attorneys Dates Reference Order IT IS ORDERED: This case is referred to a United States magistrate judge to conduct all proceedings and order the entry of a final judgment in accordance with 28 U.S.C. § 636(c) and Fed. R. Civ. P. 73. Date: District Judge’s signature Printed name and title Note: Return this form to the clerk of court only if you are consenting to the exercise of jurisdiction by a United States magistrate judge. Do not return this form to a judge. Print Save As... Reset

Consent to Proceed Before US Magistrate Judge Over a Specific Motion

AO 85A (Rev. 02/17) Notice, Consent, and Reference of a Dispositive Motion to a Magistrate Judge UNITED STATES DISTRICT COURT for the __________ District of __________ ) ) ) ) ) Plaintiff v. Civil Action No. Defendant NOTICE, CONSENT, AND REFERENCE OF A DISPOSITIVE MOTION TO A MAGISTRATE JUDGE Notice of a magistrate judge’s availability. A United States magistrate judge of this court is available to conduct all proceedings and enter a final order dispositive of each motion. A magistrate judge may exercise this authority only if all parties voluntarily consent. You may consent to have motions referred to a magistrate judge, or you may withhold your consent without adverse substantive consequences. The name of any party withholding consent will not be revealed to any judge who may otherwise be involved with your case. Consent to a magistrate judge’s consideration of a dispositive motion. The following parties consent to have a United States magistrate judge conduct any and all proceedings and enter a final order as to each motion identified below (identify each motion by document number and title). Motions: Printed names of parties and attorneys Signatures of parties or attorneys Dates Reference Order IT IS ORDERED: The motions are referred to a United States magistrate judge to conduct all proceedings and enter a final order on the motions identified above in accordance with 28 U.S.C. § 636(c). Date: District Judge’s signature Printed name and title Note: Return this form to the clerk of court only if you are consenting to the exercise of jurisdiction by a United States magistrate judge. Do not return this form to a judge. Print Save As... Reset

Electronic Device and Wi-Fi Access Instruction

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK OFFICE OF THE DISTRICT COURT EXECUTIVE THE DANIEL PATRICK MOYNIHAN UNITED STATES COURTHOUSE 500 PEARL STREET, ROOM 820 NEW YORK, N.Y. 10007-1312 EDWARD A. FRIEDLAND
Voice: (212) 805-0500 District Court Executive
Fax: (212) 805-0383 Electronic Device and Wi-Fi Access Instruction Sheet For Attorneys
• Attorneys must complete the attached form to request electronic device and Wi-Fi access. • Electronic Device and Wi-Fi Access request form must be approved and signed by a District or Magistrate Judge. Chambers will then send the order to the District Executive’s Office, as well as a copy to the requesting attorney. • Once approved, the attorney will receive a network name, user name and password from the District Executive Office on the first day of the scheduled proceeding. If you wish to test the Wi-Fi prior to your proceeding, that request must be made to chambers and approved by the Judge. • Only approved attorneys may use Wi-Fi. Passwords and usernames cannot be shared amongst others. • Time limits for Wi-Fi usage may only be extended if approved by a Judge. • Wi-Fi access is limited to specific Courtrooms. • Login instructions will vary for different device types.

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK

IN THE MATTER OF AN APPLICATION
TO BRING PERSONAL ELECTRONIC DEVICE(S) OR GENERAL PURPOSE COMPUTING DEVICE(S) INTO THE COURTHOUSES OF THE
SOUTHERN DISTRICT OF NEW YORK FOR
USE IN A PROCEEDING OR TRIAL

The following Order is subject to the definitions, obligations and restrictions imposed pursuant to
Standing Order M10-468, as Revised. Upon submission of written application to this Court, it is hereby
ORDERED that the following attorney(s) are authorized to bring the Personal Electronic Device(s) and/ or the General Purpose Computing Device(s) (collectively, "Devices") listed below into the Courthouse for use in a proceeding or trial in the action captioned:
___________________________________________________________________.
ORDERED that for the device(s) checked below SDNY Courtroom WI-FI access shall be provided.
The date(s) for which such authorization is provided is (are).
Attorney
E-Mail Device(s)
Courtroom WIFI Granted

(Attach Extra Sheet If Needed)

The attorney(s) identified in this Order must present a copy of this Order when entering the Courthouse. Bringing any authorized Device(s) into the Courthouse or its Environs constitutes a certification by the attorney that he or she will comply in all respects with the restrictions and obligations set forth in Standing Order M10-468, as Revised.

SO ORDERED:

Dated:

United States Judge
Revised: July 1, 2019.

SDNY Client Wi-Fi Login Procedure

1. Connecting to the network.
   a. Apple Mobile Devices
   i. Go to settings > Wi-Fi and then choose the network that you were given by the District Executive’s Office.
   ii. Enter the first password provided to you by the District Executive’s Office to connect to the secured Wi-Fi Network

iii. Wait for a few seconds and a captive portal page will show up. Please note that sometimes although rare this can take up to 45 seconds in some devices. Just tap the screen from keeping the iPhone from entering sleep mode.
iv. Once captive portal shows up enter the required account information give to you by the District Executive’s Office and click submit.
v. When the login process is successful the cancel button will change to a done button. Click Done and you will be connected to the internet.

b. Android Devices
i. In your Wi-Fi settings connect to the network that you were provided by the District Executive’s Office.
ii. Enter the first password provided to you by the District Executive’s Office to connect to the secured Wi-Fi Network

iii. A notification will show asking you to sign in to the Wi-Fi Network. Tap the notification that appears at the top of the screen.

iv. Fill in the user name and password provided by the District Executive’s Office and tap submit. You can now navigate the internet.

c. Windows and MacOS Devices
i. Search the available networks and click the one that was provided to you by the District Executive’s Office. ii.
Enter the first password provided to you by the District Executive’s Office to connect to the Wi-Fi Network
iii. Open your browser and navigate to any page, you will be redirected to the portal page.
iv. Once captive portal shows up enter the required account information give to you by the District Executive’s Office and click submit.

Individual Rules of Practice

Issued January 14, 2025 Page 1 of 6

INDIVIDUAL PRACTICES OF MAGISTRATE JUDGE JUDITH C. McCARTHY

Cases come before Magistrate Judges in one of two ways: for one or more specific purposes pursuant to an Order of Reference by the assigned District Judge, or, on consent of the parties, for all purposes pursuant to 28 U.S.C. § 636(c). When a District Judge approves an all-purposes consent form signed by counsel, the Magistrate Judge assumes the role of the District Judge. Any appeal is directly to the Second Circuit Court of Appeals, and the right to a jury trial is preserved.

It is the uniform practice of the Magistrate Judges in this District to schedule trials in civil consent cases for firm dates, rather than using a trailing trial calendar or requiring counsel to be available for trial on short notice. Additionally, because Magistrate Judges rarely try criminal cases, such firm trial dates are unlikely to be changed to accommodate criminal trials. If counsel wish to have Judge McCarthy hear their case for all purposes, they must complete a Notice, Consent, and Reference of a Civil Action to a Magistrate Judge Form, which can be found here:
https://www.nysd.uscourts.gov/sites/default/files/practice_documents/AO%2085%20Consent%2 0to%20Proceed%20Before%20US%20Magistrate%20Judge_5.pdf.

Unless otherwise ordered by Judge McCarthy, matters before her shall be conducted in accordance with the following practices. These practices are applicable to matters before Judge McCarthy if the matter is within the scope of the District Judge’s Order of Reference or if the case is before Judge McCarthy for all purposes pursuant to 28 U.S.C. § 636(c). Otherwise, the practices of the District Judge to whom the case is assigned apply.

Nothing in Judge McCarthy’s Individual Practices supersedes a specific time period for filing a motion specified by statute or Federal Rule -- including but not limited to Fed. R. Civ. P 50, 52, 54, 59, and 60, and Fed. R. App. P. 4 -- where failure to comply with the specified time period could result in forfeiture of a substantive right.

1. Communications With Chambers

A. Letters. Except as otherwise provided in Paragraph 3(B), communications with chambers shall be by letter and filed on ECF, with copies simultaneously delivered to all parties. Letters may not exceed 5 pages, exclusive of exhibits, unless prior permission is received from the Court. Letters on discovery disputes are limited in length by the discovery order issued in the case. Responsive letters must identify by docket entry number which letter is being responded to. Copies of correspondence between counsel shall not be sent to the Court. Courtesy copies, as set forth in Paragraph 2(B), infra, must be provided for all letters in excess of 10 pages, inclusive of exhibits. In the event a letter filed on ECF requires immediate attention, counsel shall contact chambers by telephone to alert the Court of the filing.

B. Requests for Adjournments or Extensions of Time for Filing of Papers. All requests for adjournments or extensions of time with regard to filing deadlines must be made in writing and filed on ECF as letter motions. The letter motion must state: (1) the original due date, (2) the number of prior requests for adjournment or extension, (3) whether these prior requests were granted or denied, and (4) whether the adversary consents, and, if not, the reasons given by the adversary for refusing to consent. If the requested adjournment

Issued January 14, 2025 Page 2 of 6

or extension affects any other scheduled dates, a proposed Revised Scheduling Order (reflecting only business days) must be attached. All requests for adjournments must be made 48 hours before the scheduled conference or expiring deadline, absent an emergency. Parties seeking adjournments or extensions of time within 48 hours of a scheduled Court conference or expiring deadline, or for any other urgent request, shall contact chambers by telephone to alert the Court of the filing.

C. Telephone Calls. Telephone calls to chambers are permitted. The phone number is (914) 390-4124.

D. Faxes and E-mails. Faxes and e-mails are not permitted without prior approval of chambers. If granted, the fax must not exceed five (5) pages. Copies of faxed or e-mailed submissions must be simultaneously sent to all other counsel. The Court’s e-mail address is McCarthy_NYSDChambers@nysd.uscourts.gov.

E. Docketing, Scheduling, and Calendaring Matters. For docketing, scheduling and calendaring matters, call the Courtroom Deputy at (914) 390-4124 between 9:00 a.m. and 5:00 p.m. If the request is for an adjournment of a court appearance, absent an emergency, it shall be made at least 48 hours prior to the scheduled appearance.

2. Motions

A. Pre-Motion Conferences in Civil Cases. For discovery motions, follow Local Civil Rule 37.2 requiring the moving party to request an informal conference with the Court before the filing of any such motion. Strict adherence to Fed. R. Civ. P. 37(a)(1) – the “meet and confer” rule – is required. The parties should be prepared to describe the time, place and duration of the meeting, and to identify the counsel involved.

A pre-motion conference with the Court is required before making any other motions, except motions for admission pro hac vice, motions for re-argument or reconsideration, motions pursuant to Fed. R. Civ. P. 11(c)(2), or motions for which the Court has already set a briefing schedule. To arrange a pre-motion conference, the moving party shall submit a letter via ECF, not to exceed three pages in length, setting forth the basis for the anticipated motion. The opposing party shall submit a response via ECF, not to exceed three pages in length, within 3 business days from the date the moving party’s letter was filed. The Court will notify the parties if a pre-motion conference is required.

B. Courtesy Copies. Courtesy copies of all motion papers, marked as such, shall be submitted to chambers at the time the papers are served. They must be securely bound and tabbed. For those parties permitted to file documents on ECF, all courtesy copies must bear proof of electronic filing.

C. Format. The typeface, margins, and spacing of all motion papers presented for filing must meet the following requirements: (1) all text must be 12-point type or larger, except for text in footnotes which may be 10-point type; (2) all documents must have at least one- inch margins on all sides; and (3) all text must be double-spaced, except for headings, text in footnotes, or block quotations, which may be single-spaced. (See Local Civ. R. 7.1(b)).

Issued January 14, 2025 Page 3 of 6

D. Memoranda of Law. Unless prior permission has been granted, the following rules apply to the permitted lengths of memoranda of law:

i. Memoranda filed by a party not represented by an attorney and prepared by a computer, or filed by an attorney: Briefs in support of and in response to a motion (except for a motion for reconsideration) may not exceed 8,750 words, and reply briefs may not exceed 3,500 words. Memoranda of 3,500 words or more shall contain a table of contents. Any such brief must include a certificate by the attorney, or party who is not represented by an attorney, that the document complies with the word‐count limitations. The person preparing the certificate may rely on the word count of the word‐processing program used to prepare the document. The certificate must state the number of words in the document. To the extent the court permits a party to submit briefs longer than these limits, and expresses those limits in pages, each additional page must not contain more than 350 additional words.

ii. Memoranda filed by a party not represented by an attorney and handwritten or prepared with a typewriter: Briefs in support of and in response to a motion (except for a motion for reconsideration) may not exceed 25 pages, and reply briefs may not exceed 10 pages.

See Local Civ. Rule 7.1(c). Note that these limits do not include the caption, any index, table of contents, table of authorities, signature blocks, or any required certificates, but do include material contained in footnotes or endnotes.
E. Filing of Motion Papers. Motion papers shall be filed promptly after service.

F. Oral Argument on Motions. Parties may request oral argument by letter at the time their moving or opposing or reply papers are filed. The Court will determine whether argument will be heard and, if so, will advise counsel of the argument date.

3. Electronic Filing Under Seal in Civil and Miscellaneous Cases

A. Sealing/Redactions Not Requiring Court Approval. Federal Rule of Civil Procedure 5.2 describes sensitive information that must be redacted from public court filings without seeking prior permission from the Court.

B. Sealing/Redaction Requiring Court Approval. Motions or letter motions for approval of sealed or redacted filings in civil and miscellaneous cases and the subject documents, including the proposed sealed document(s), must be filed electronically through the court's ECF system in conformity with the Court's standing order, 19-mc-00583, and ECF Rules & Instructions, Section 6.

The motion must be filed in public view, must explain the particular reasons for seeking to file that information under seal and should not include confidential information sought to be filed under seal. Supporting papers must be separately filed electronically and may be filed under seal or redacted only to the extent necessary to safeguard information sought to be filed under seal.

Issued January 14, 2025 Page 4 of 6

The proposed sealed document must be contemporaneously filed under seal in the ECF system and electronically related to the motion. The summary docket text, but not the sealed document, will be open to public inspection and should not include confidential information sought to be filed under seal.

Where the motion seeks approval to redact information from a document that is to be publicly filed, the filing party shall: (a) publicly file the document with the proposed redactions, and (b) electronically file under seal a copy of the unredacted document with the proposed redactions highlighted. Both documents must be electronically filed through the ECF system and related to the motion. Any party unable to comply with the requirement for electronic filing under seal through the ECF system, or who has reason to believe that a particular document should not be electronically filed, must move for leave of the Court to file in the traditional manner, on paper.

Unredacted courtesy copies of all documents to be filed under seal shall be sent to chambers at the time the motion is filed.

4. Pretrial Procedures

A. Joint Pretrial Orders in Civil Cases. Pretrial orders are not required unless specifically directed by the Court in a particular case. Joint Pretrial Orders shall include the information required by Fed. R. Civ. P. 26(a)(3) and the following:

i. The full caption of the action;

ii. The names (including firm names), addresses, email addresses, and telephone numbers (including cellular, if available) for each member of the trial team, and identification of each party’s lead trial counsel;

iii. A brief statement by plaintiff as to the bases of subject matter jurisdiction, and a brief statement by each other party as to the presence or absence of subject matter jurisdiction. Such statements shall include citations to all statutes relied on and relevant facts as to citizenship and jurisdictional amount;

iv. A brief summary by each party as to whether the case is to be tried with or without a jury, and the number of trial days needed. If there is to be a jury trial, a statement as to whether the parties consent to less than a unanimous verdict pursuant to Rule 48 of the Federal Rules of Civil Procedure is required;

v. A statement of damages claimed, itemizing each component or element of the damages sought with respect to each claim, including the manner and method used to calculate the claimed damages; vi. A joint statement summarizing the nature of the case, to be read to potential jurors during jury selection;

Issued January 14, 2025 Page 5 of 6

vii. Proposed witnesses and exhibits, pursuant to Federal Rules of Civil Procedure 26(a)(3)(A)(i)-(iii);

viii. Objections, if any, to proposed witnesses and exhibits;

ix. Any stipulations to facts, witnesses or exhibits;

x. Witness availability, if any issues are anticipated;

xi. Whether any party intends to include deposition testimony or video testimony in lieu of live trial testimony;

xii. Anticipated electronic equipment required and whether the Court needs to issue an order permitting such equipment into the courthouse; and

xiii. Anticipated motions in limine without going into the merits of the same (e.g., plaintiff will move to prohibit “x”).

B. Filings Prior to Trial in Civil Cases. Unless otherwise ordered by the Court, each party shall file, 30 days before the date of commencement of trial:

i. In all cases, complete witness lists in accordance with Federal Rule of Civil Procedure 26(a)(3)(A)(i) and (ii);

ii. In all cases, complete exhibit lists in accordance with Federal Rule of Civil Procedure 26(a)(3)(A)(iii);

iii. In jury cases, requests to charge, proposed voir dire questions, and a proposed verdict sheet;

iv. In nonjury cases, a statement of the elements of each claim or defense involving each party, together with proposed findings of fact and conclusions of law;

v. In all cases, any objections to a party’s witness and/or exhibit lists, in accordance with Federal Rules of Civil Procedure 26(a)(3)(B);

vi. In all cases, motions addressing any evidentiary or other issues which should be resolved in limine (any responses to motions in limine shall be filed no later than 21 days before trial); and

vii. In any case where such party believes it would be useful, a pretrial memorandum.

Unless otherwise ordered by the Court, each party shall provide courtesy copies of the items identified in i-vii immediately above to Judge McCarthy’s chambers by e-mailing it, in Word format, to McCarthy_NYSDChambers@nysd.uscourts.gov.

Issued January 14, 2025 Page 6 of 6

C. Marking Exhibits for Trial. Five court days before the date set for the final pretrial conference, each party must provide each other party, and the Court, with a tabbed binder or binders containing copies of its trial exhibits and deposition designations.

5. Personal Electronic Devices

S.D.N.Y. Standing Order M10-468 (Revised), dated February 27, 2014 (available on the Court’s website) defines “Personal Electronic Devices” and sets forth the requirements for an attorney to bring such a device into the Courthouse. An attorney who meets those requirements may bring a Personal Electronic Device into the courtroom, but the device must be turned off (not merely placed in vibrate mode or otherwise silenced). If an attorney needs access to such a device during a proceeding (such as when a subsequent appearance is being scheduled), permission to activate the device should be requested of the Court. Attorneys may use their devices in the hallway outside the courtroom (although not in the vestibule to the courtroom), but are asked to be discreet and to keep their voices down.

The court may adopt additional policies governing the possession or use of electronic equipment within the courthouse. Be sure to check the Court website or with the relevant courthouse to identify any additional policies.

6. Inclement Weather or Other Emergency

White Plains Courthouse delays or closures are announced by 6:00 am. Call (914) 390-4220 to hear a recorded message. In the event of a closure, all conferences will be canceled and a new conference date will be scheduled shortly after the Courthouse reopens. In the event of severe weather conditions when the Courthouse is open, counsel with scheduled appearances should call chambers to confirm that Judge McCarthy is holding court.

7. Forms

Many commonly used forms (i.e., notice of appearance, consent to Magistrate Judge jurisdiction) are available at: http://www.uscourts.gov/forms-rules/forms.

Model Confidentiality and Protective Order

CONFIDENTIALITY STIPULATION AND PROPOSED PROTECTIVE ORDER

__ Civ. _____ (___)(JCM) UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK --------------------------------------------------------------X [PLAINTIFF],

Plaintiff(s),

-against-

[DEFENDANT],

Defendant(s). --------------------------------------------------------------X WHEREAS, the parties having agreed to the following terms of confidentiality, and the Court having found that good cause exists for the issuance of an appropriately tailored confidentiality 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 in connection with the pre-trial phase of this action: 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 in information that is proprietary, a trade secret, or otherwise sensitive non-public information (“Confidential Information”). Information and documents designated by a party as confidential will be stamped “CONFIDENTIAL.” 2. The Confidential Information disclosed will be held and used by the person receiving such information solely for use in connection with the action. 3. In the event a party challenges another party’s designation of confidentiality, counsel shall make a good faith effort to resolve the dispute, and in the absence of a resolution, the challenging party may seek resolution by the Court. Nothing in this Protective Order constitutes an admission by any party that Confidential Information disclosed in this case is relevant or admissible. Each party reserves the right to object to the use or admissibility of the Confidential Information.

• 2 -

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). The parties should meet and confer if any production requires a designation of “For Attorneys’ or Experts’ Eyes Only.” 5. 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 as Exhibit A. 6. 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

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thereafter be treated as Confidential Information subject to all the terms of this Stipulation and Order. 7. Any Personally Identifying Information (“PII”) (e.g., social security numbers, financial account numbers, passwords and information that may be used for identity theft) exchanged in discovery shall be maintained by the receiving party in a manner that is secure, confidential and shared only with authorized individuals in a secure manner. Nothing herein shall preclude the producing party from asserting legal claims or constitute a waiver of legal rights and defenses in the event of litigation arising out of the receiving party’s failure to appropriately protect PII from unauthorized disclosure. 8. Pursuant to Federal Rule of Evidence 502, the production of privileged or work product protected documents or communications, electronically stored information (“ESI”) or information, whether inadvertent or otherwise, shall not constitute a waiver of the privilege or protection from discovery in this case or in any other federal or state proceeding. This Order shall be interpreted to provide the maximum protection allowed by Federal Rule of Evidence 502(d). Nothing contained herein is intended to or shall serve to limit a party’s right to conduct a review of documents, ESI or information (including metadata) for relevance, responsiveness and/or segregation of privileged and/or protected information before production. 9. Notwithstanding the designation of information as “CONFIDENTIAL” in discovery, there is no presumption that such information shall be filed with the Court under seal.
For requests to file information under seal, the parties shall follow the individual rules of the judge for whom the information is being submitted, as well as Section 6 of the Court’s ECF Rules & Instructions.
10. At the conclusion of litigation, Confidential Information and any copies thereof shall be promptly (and in no event later than 30 days after entry of final judgment no longer

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subject to further appeal) returned to the producing party or, upon permission of the producing party, destroyed. 11. Nothing herein shall preclude the parties from disclosing material designated to be Confidential Information if otherwise required by law or pursuant to a valid subpoena.

SO STIPULATED AND AGREED.

Dated:
, 20__ White Plains, New York

Counsel for Plaintiff(s) Counsel for Defendant(s)

SO ORDERED.

JUDITH C. McCARTHY United States Magistrate Judge

NON-DISCLOSURE AGREEMENT

__ Civ. _____ (___)(JCM) EXHIBIT A

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK --------------------------------------------------------------X [PLAINTIFF],

Plaintiff(s),

-against-

[DEFENDANT],

Defendant(s). --------------------------------------------------------------X

I,____________________________, acknowledge that I have read and understand the Confidentiality Stipulation and Protective Order in this action governing the non-disclosure of those portions of discovery material that have been designated as Confidential. I agree that I will not disclose such material to anyone other than for purposes of this litigation, and that at the conclusion of the litigation I will either return all discovery material to the party or attorney from whom I received it, or upon permission of the producing party, destroy such discovery material. By acknowledging these obligations under the Confidentiality Stipulation and Protective Order, I understand that I am submitting myself to the jurisdiction of the United States District Court for the Southern District of New York for the purpose of any issue or dispute arising hereunder and that my willful violation of any term of the Protective Order could subject me to punishment for contempt of Court.

Dated:
, 20

Name (printed) Signature

Signed in the presence of:

(Attorney)

View source on SDNY.uscourts.gov →