Preview
INDEX NO. 950970/2021
FILED: NEW YORK COUNTY CLERK 07/10/2022 05:08 PM
NYSCEF DOC. NO. 15 RECEIVED NYSCEF 07/10/2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTIES OF BRONX, KINGS, NEW YORK, QUEENS AND RICHMOND
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SECOND AMENDED
In re: CHILD VICTIMS ACT LITIGATION CONFIDENTIALITY ORDER
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CONFIDENTIALITY ORDER
Pursuant to Sec. IX of CMO 2
WHEREAS on February 24, 2020, the Court issued Case Management Order No. 1
(CMO 1);
WHEREAS Section IX of Case Management Order No. 2 (“CMO 2”), dated J une 16, 2020,
contemplated the issuance of a confidentiality order that would apply to disclosure in all Child
Victims Act (“CVA”) (L. 2019 c.11) Actions venued in the Counties of Bronx, Kings, New York,
Queens, and Richmond;
WHEREAS pursuant to Section IX (A) (1) of CMO2, on June 22, 2020, Plaintiffs’ Liaison
Counsel (the “PLC”) and Defendants’ Liaison Counsel (the “DLC”) each submitted alternative
proposed Confidentiality Orders to the Court;
WHEREAS on September 18, 2020, the Court issued a Confidentiality Order governing the
pre-trial phase of actions litigated under the CVA;
WHEREAS the Court granted leave for the DLC and CVA Defendants to move to vacate
the September 18, 2020 Confidentiality Order, and created New York County Index Number
95000/2020 and Kings County Index Number 999999/2020 as master index numbers available for
vacatur motions to he filed referable to all CVA cases in the aforementioned counties of the First
and Second Departments, respectively, of the Appellate Division of the Supreme Court of the State
of New York;
WHEREAS following submission of several motions to vacate and/or modify the
Confidentiality Order and oral argument on those motions, on March 30, 2021, the Court issued
a Decision and Order regarding the Confidentiality Order, to which was annexed an Amended
Confidentiality Order showing in redline the Sections of the September 18, 2020 Confidentiality
Order that were amended and/or rescinded, and which Decision provided the rationale for each
section that was amended and/or rescinded as shown in the annexed redline (see March 30, 2021
Decision and Order with Amended Confidentiality Order annexed hereto as Exhibit B);
WHEREAS the DLC and several CVA Defendants filed Notices of Appeal from the
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March 30, 2021 Decision and Order in both the Appellate Division, First Department and the
Appellate Division, Second Department;
WHEREAS on May 21, 2021, the Appellate Division, Second Department, issued an Order
transferring the appeals from the March 30, 2021 Order noticed in the Appellate Division, Second
Department under the Kings County master index number, 999999/2020 to the Appellate Division,
First Department;
WHEREAS the DLC and CVA Defendants applied to the Appellate Division, First
Department for interim relief, requesting that court to stay, inter alia, Sections II (1), III (1) (a),
IV (1) (a) (the sharing provisions) and IV (4) of the March 30, 2021 Amended Confidentiality
Order;
WHEREAS on July 15, 2021, the Appellate Division, First Department, issued an Order
granting the applications for interim relief to the extent of staying the sharing provisions pending
appeal of the March 30, 2021 Decision and Order and Amended Confidentiality Order, directing
the appellants to perfect their appeals for the October 2021 Term, and, on the court’s own motion,
consolidating each of the appeals from the March 30, 2021 Decision and Order and Amended
Confidentiality Order and directing that they be perfected on a single record; and
WHEREAS on December 7, 2021, the Appellate Division, First Department issued a
unanimous Decision and Order, Matter of Child Victims Act NYC Litig. (200 AD3d 476, 478 [1st
Dept 2021]), modifying the language in Sections II (1), III (1) (a) (i), and IV (1) (a) of the Amended
Confidentiality Order (see December 7, 2021 Appellate Division Decision and Order annexed
hereto as Exhibit C);
WHEREAS this court finds good cause exists for the issuance of this Second Amended
Confidentiality Order governing the pre-trial phase of actions litigated under the Child Victim's Act
(L. 2019 ¢.11), including this action; and
WHEREAS the provisions of this Second Amended Confidentiality Order, as set forth below,
shall remain in effect unless modified;
NOW, THEREFORE this Court promulgates this Second Amended Confidentiality Order
implementing the reasoning and modifications directed by this Court’s March 30, 2021 Decision
and Order (as to the former section V [rescinded] and section VIII (1) [modified]) and the
Appellate Division, First Department in its December 7, 2021 Decision and Order:
IT IS HEREBY ORDERED that all persons and entities subject to this order, including,
without limitation, the parties, their attomeys, representatives, agents, experts and consultants, all
non-parties providing discovery in this action, and all other interested persons with actual or
constructive notice of this order, including their counsel, shall adhere to the following terms:
I Applicability.
1 The terms and conditions of this order will be applicable to and govern all
information, documents, and tangible items produced in this action, including, but
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not limited to, responses to requests for admission, deposition testimony, and
deposition transcripts and/or videos, regardless of their medium or format
(“Discovery Materials”). Discovery Materials that are designated as “Confidential
Information,” which includes Confidential Health Information, are referred to
herein as Confidential Discovery Materials.
Any person subject to this order who receives Confidential Discovery Materials
(“Receiving Party”) from another person (“Producing Party”) shall not disclose
such Confidential Discovery Materials, except as expressly permitted hereunder.
Discovery Materials that are designated by a non-party as “Confidential
Information” will be treated as Confidential Discovery Materials under this order
regardless of whether the non-party is or becomes bound by the terms of this order.
II. Use and Disclosure of C onfidential Discovery Materials.
1 No Receiving Party may disseminate or cause the dissemination of any Confidential
Discovery Materials to any person not authorized to receive such materials
pursuant to § IV herein, or any person not reasonably involved in a related
enforcement of insurance coverage rights (including any insurance coverage
litigation (“Coverage Litigation’”)) with respect to such a claim (consistent with §
IV (e) herein).
Nothing in this order will affect or restrict a Producing Party’s maintenance, use,
and/or disclosure of its own documents or information. Disclosures (other than
public disclosures) by a Producing Party of its own documents or information will
not affect any designation as Confidential Discovery Materials under this order.
Nothing in this order will prevent or restrict counsel from rendering advice to their
clients, and in the course thereof, relying on an examination of Confidential
Discovery Materials.
The court may issue additional orders conceming the use and disclosure of
Discovery Materials and Confidential Discovery Materials, including in connection
with depositions noticed in multiple actions concerning the same perpetrator.
Ill. Confidential Designation.
1 Any party may designate all or portions of Discovery Materials as “Confidential
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Information” to the extent that it believes, in good faith, such designated materials
need protection from disclosure under federal, state, or local privacy law because
such material contains:
“Confidential Information,” which includes without limitation (i) non-
publicly disclosed information, including data, summaries, and
compilations derived therefrom, that contains scientifically, medically,
financially, commercially sensitive information and/or personal
information, including educational and employment records, and private
information as defined in NY Shield Act, N.Y. Gen. Bus. Law § 899-aa
(“PI”) and (ii) Confidential Health Information, as defined below;
“Confidential Health Information,” includes “patient information,” as
defined in New York State Public Health Law § 18(1)(e), and “protected
health information” and “individually identifiable health information,” as
defined in 45 C.F.R. § 160.103, promulgated pursuant to the Health
Insurance Portability and Accountability Act of 1996, as amended
(collectively, “HIPAA”), and which is permitted to be disclosed in the
context of judicial and administrative proceedings pursuant to 45 C.F.R. §
164.512(e)(1), subject to certain requirements contained therein.
Confidential Health Information includes any information that a party
believes, in good faith, needs protection from disclosure under federal, state,
or local privacy law because it identifies an individual in any manner and is
related to (1) the past, present, or future care, services, or supplies relating
to the health or condition of such individual, (2) the provision of health care
to such individual, or (3) the past, present, or future payment for the
provision of health care to such individual. Confidential Health Information
includes medical bills, claim forms, charge sheets, medical records, medical
charts, test results, prescriptions, medical notes and dictation, medical
invoices, itemized billing statements, remittance advice forms, explanations
of benefits, checks in payment of medical services or supplies, medical
notices and requests, social security numbers, and similar information.
Confidential Health Information includes all notes, summaries,
compilations, extracts, abstracts, or oral communications that contain, are
based on, or are derived from Confidential Health Information but does not
include such information when individual identifiers are not included and/or
the information is de-identified in accordance with the HIPAA de-
identification standard set forth in 45 C.F.R. § 164.514(a). Confidential
Health Information also includes any materials subject to the confidentiality
provisions of any applicable federal, state, or local law, including, but not
limited to the New York Public Health Law, CPLR § 4505, the Americans
with Disabilities Act, as amended, the Genetic Information
Nondiscrimination Act of 2008 (“GINA”), the Mental Hygiene Law, and
the Confidentiality of Alcohol and Drug Patient Records under 42 U.S.C.
Sec. 290dd-2 and 42 C.F.R. Part 2, and other applicable privacy laws, or
any applicable statutory or common law.
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To the extent reasonably practicable, a Producing Party will limit its
designation of Confidential Information to specific portions of material that
qualify under this definition. Where it would not be cost effective or would
be burdensome, however, the Producing Party may designate an entire
group of Discovery Materials as “CONFIDENTIAL INFORMATION.”
2 Depositions. When a deposition includes the disclosure of Confidential
Information:
Portions of the deposition and deposition exhibits may be designated as
“CONFIDENTIAL INFORMATION” as appropriate, subject to the
provisions of this order either by (i) indicating on the record during the
deposition that a question calls for Confidential Information, in which case
the reporter will mark the pages of the transcript containing the designated
testimony as “Confidential Information Governed by Protective Order,” or
(ii) notifying the reporter and all counsel of record, in writing, within ten
(10) days of receiving the deponent’s signature or the date the transcript is
deemed signed pursuant to CPLR § 3116(a), of the portion that contains
Confidential Information, and the Designating Person shall reproduce that
portion with the appropriate designation. During that 10-day period
identified above, all parties will treat the entire deposition transcript, video
or exhibit as if it had been designated as Confidential Information. The
parties may also agree to treat a deposition transcript as Confidential in its
entirety until trial.
The Producing Party will have the right to exclude from the deposition,
during such time as the Confidential Information is to be disclosed, any
person other than the subject of the Confidential Information; the deponent
(and his or her counsel); parties and counsel for all parties (including their
staff and associates); the court reporter, and the persons identified in Section
IV below.
Documents. With respect to any Discovery Materials or portion thereof containing
Confidential Information other than deposition transcripts and exhibits, the
Producing Party or its counsel may designate such information contained in the
Discovery Materials as Confidential Information by stamping or otherwise marking
as “CONFIDENTIAL INFORMATION?” the protected portion in a manner that
will not interfere with legibility or audibility.
Electronically Stored Information. Electronically stored information (“ESI”) that a
Producing Party wishes to designate as Confidential Information shall be marked
as “CONFIDENTIAL INFORMATION.” If the ESI is transmitted through a file
transfer protocol or other electronic transmission, it shall be encrypted with the
password supplied in separate correspondence to the recipient or otherwise
transmitted by secure means.
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IV Disclosure of C onfidential Information.
Confidential Information will not be disclosed by the Receiving Party except as permitted
by this Order.
1 Permissible Disclosures. A Receiving Party may disclose a Producing Party’s
Confidential Information only to the following persons:
a. the parties to a civil claim related to allegations of child sexual abuse
involving the same alleged abuser. Not less than 20 days prior to such
disclosure, the Receiving Party must provide notice of the intended
disclosure to the Producing Party, specifying the date thereof, identity of
the intended recipient(s), and nature of the documents to be disclosed;
such parties’ counsel, which shall mean in-house counsel, outside counsel
of record, and other attorneys, paralegals, secretaries, other support staff or
vendors (such as litigation support, investigators, copy-service providers,
scanning providers, and document-management consultants) employed or
retained by counsel;
the Receiving Party’s expert witnesses, consultants (e.g., jury consultants
and mock jurors), and their support staff, retained by counsel in connection
with this action, who first sign an “Agreement To Be Bound by Stipulated
Protective Order”, in the form attached hereto as Exhibit A, which counsel
for the Receiving Party shall retain;
the author, addressee, and/or other person indicated on a document as
having received a copy of that document or that a party believes is
referenced in a document;
the insurers and reinsurers, including their counsel and consultants in the
Coverage Litigation, upon the appropriate entry of a confidentiality order in
the Coverage Litigation and the insurers, reinsurers, their counsel and
consultants agreeing to be bound by that order’s terms. The fact that this
order permits the disclosure of Confidential Discovery Materials in the
Coverage Litigation shall not be construed or otherwise deemed as a
finding that such Materials are relevant to or otherwise required to be
produced in the Coverage Litigation. Whether any Confidential Discovery
Materials are produced in the Coverage Litigation is to be determined by
the parties to the Coverage Litigation or, in the event of a dispute, by the
Court in the Coverage Litigation. In the event Confidential Discovery
Materials are produced in the Coverage Litigation, they shall be subject to
an appropriate confidentiality order entered in the Coverage Litigation;
a witness who a party’s counsel in good faith believes may be called to testify
at a deposition or trial, who first signs an “Agreement to be Bound by
Stipulated Protective Order” in the form attached hereto as ExhibitA, which
counsel for the Receiving Party shall retain;
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any mediator, arbitrator, referee, or special master that the parties agree to
or that this court appoints;
this court, including any appellate court, its support and administrative
personnel; and
any court reporter and associated support staff employed in this
litigation.
Authorized Disclosures. A Receiving Party may disclose Confidential Information
if: (i) the Producing Party or the subject of the Confidential Information, as
applicable and to the extent of their authority, consents to such disclosure; (ii) the
court, after notice to the parties and the subject of the Confidential Information, as
applicable, allows such disclosure; or (iii) the Receiving Party is required to
disclose Confidential Information pursuant to a subpoena or other legal demand, by
law, or to a regulatory entity or other government agency, provided that, to the
extent permitted by law, the Receiving Party gives prompt notice to counsel for the
Producing Party and to the subject of the Confidential Information, as applicable,
so that the Producing Party can oppose, with the Receiving Party’s reasonable
cooperation, or minimize disclosure of such Confidential Information.
Disclosures by Covered Entities and/or Health Care Providers and Business
Associates. Subject to a properly executed release, all “covered entities” and
“business entities” (as defined by 45 C.F.R. § 160.103) and/or “health care
providers” (as defined by New York Public Health Law § 18 (1)(b)) are hereby
authorized to disclose Confidential Information, including Confidential Health
Information, pertaining to this action to those persons designated in paragraph 1.a
of this section.
Challenges to Designation as Confidential Information. A party who objects to any
designation as Confidential Information may, at any time before the trial of this
action, send to counsel for the Producing Party a written notice, specifying the
documents or information that the challenging party contends should be differently
designated and the grounds for the objection. The challenging party and the
Producing Party shall meet and confer about the objection within ten (10) court days
of the Producing Party receiving such written notice unless otherwise agreed. If the
challenging party and the Producing Party cannot reach agreement, the Producing
Party shall seek relief from the court in accordance with its rules and procedures
within ten (10) court days of the meet and confer. The Producing Party will have the
burden of justifying the propriety of its designation, which will continue as
originally designated, unless otherwise ordered by the court or unless the Producing
Party or the subject of the Confidential Information, as applicable, withdraws its
designation in writing. In the event that the court mules that the challenged material’s
designation should be changed, the Producing Party shall reproduce copies of all
materials with their designations removed or changed in accordance with the ruling
ten (10) business days of the ruling or the schedule set by the court, whichever is
later. “Writing” and “written notice” shall include electronic communications.
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Vv Identities of Abuse Survivors. [RESCINDED]
VI. Procedures for Filing C onfidential Discovery Materials with the C ourt.
1 If a party wants to file materials containing Confidential Information (“Moving
Party”), such filing shall be initially submitted directly to the court via electronic
mail with simultaneous transmission to all other parties to the action. The
Confidential Information shall not be filed in the public record until the court rules
on whether the Confidential Information should be redacted or sealed as outlined
below.
Within five (5) court days of any such submission to the court, counsel for the
Moving Party and the Producing Part shall meet and confer in good faith in an
attempt to reach agreement as to appropriate redactions and/or sealing of any
Confidential Information contained in the submission. If Counsel for those parties
cannot reach agreement, any remaining dispute shall be submitted via a joint letter
by those parties to the court, not to exceed five pages, within ten (10) business days
of the meet and confer. Any party may use its portion of any such joint letter to
request full briefing of the dispute. The Moving Party shall be responsible for
submitting the joint letter to the court.
Within five (5) court days of the court issuing its ruling on whether the Confidential
Information should be redacted or sealed, the Moving Party shall file the material
consistent with the court’s ruling. If the court rules that the Producing Party has met
its burden of showing that Confidential Information should be redacted or sealed,
the Moving Party shall redact the Confidential Information or file the Confidential
Information under seal in accordance with the rules of the court and the court’s
order.
Any party shall be permitted to file under seal Confidential Health Information
without seeking leave of court.
VII. Inadvertent Disclosure.
a. Confidential Information. If a party inadvertently produces any materials
without a confidentiality designation, the Producing Party may provide
written notice to the Receiving Party that the materials are Confidential
Discovery Materials under this order and promptly reproduce the materials
with an appropriate designation. The Receiving Party will treat the materials
as Confidential Discovery Materials upon receipt of such notice and, within
five (5) business days, take all reasonable steps to retrieve such materials
from persons to whom the Receiving Party has disclosed such materials
without a confidentiality designation or to confirm such persons have
destroyed such materials.
Privileged_Materials. If a Producing Party inadvertently discloses
information subject to a claim of attorney-client privilege, attorney work
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product doctrine, patient privacy protections, and/or other protections from
disclosure (“Inadvertently Disclosed Information’), such disclosure, in and
of itself, will not constitute or be deemed a waiver or forfeiture of any claim
of privilege and/or other protection from disclosure with respect to the
Inadvertently Disclosed Information.
1 Within five (5) business days after a Producing Party provides
written notice of such inadvertent disclosure, the Receiving Party
will return, sequester, or destroy all such Inadvertently Disclosed
Information in its possession and provide to the Producing party a
written certification that (a) this has been done, or (b) this has not
been done because the Receiving Party has a good faith belief that
the information was not inadvertently disclosed or that the
information is not the proper subject of any claim of attomey-client
privilege, attomey work product doctrine, patient privacy
protections, and/or other protections from disclosure. In addition, if
the Receiving Party has disclosed such information to others before
receiving notice, the Receiving Party will (a) take reasonable steps
to retrieve the information or ensure it has been destroyed, or (b)
provide to the Producing Party with the names and contact
information to whom this information was disclosed.
IL Within thirty (30) days from the date of the certification referenced
in (i), the Producing Party will (a) produce a privilege log for the
Inadvertently Disclosed Information, and (b) if the Inadvertently
Disclosed Information appears only in portions of documents,
produce redacted copies of those documents.
iii. If a Receiving Party thereafter moves the court for an order
compelling production of the Inadvertently Disclosed Information,
the Producing Party bears the burden of establishing the privileged
or protected nature of any Inadvertently Disclosed Information.
Such motion practice shall be governed by the process described in
Section 6. Nothing in this order shall limit the right of any party to
request that the court conduct an in camera review of the
Inadvertently Disclosed Information.
Consistent with New York Rule of Professional Responsibility 4.4(b) and
any other applicable rules, if a Receiving Party reasonably believes that a
document produced by a Producing Party is subject to attorney-client
privilege and/or other protection from disclosure, the Receiving Party shall
promptly notify the Producing Party. Within ten (10) days from a request
by the Producing Party, the Receiving Party will return or destroy all copies
of the document and certify in writing that this has been done. In any event,
the Receiving Party will immediately cease all use of the materials at issue,
will not read any unread portion of the documents, and will not refer to the
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privileged content during the course of this matter.
VIII. Additional Provisions
1 Prior Bad Acts. Generally, consistent with the substance of this order, records of
prior bad acts!, including previous accusations of sexual abuse, against an alleged
sexual abuse perpetrator, are discoverable, and will be disclosed upon request.
Treatment of Discovery Materials Upon Termination of Action. Within sixty (60)
days of the later of the expiration of the applicable statute(s) of limitations regarding
professional malpractice conceming the action or final termination of this action,
including any appeals, each party to the action and its counsel must delete, destroy,
orreturn to the Producing Party all Confidential Discovery Materials, including any
copies, excerpts, and summaries of Confidential Discovery Materials contained
therein. However, counsel to a party to other civil claims related to allegations of
child sexual abuse involving one or more of the same parties or one or more of the
same alleged abusers is not obligated to delete, destroy, or return Discovery
Materials until sixty (60) days after such claims are terminated, including appeals.
Notwithstanding the foregoing, counsel shall be entitled to retain client
communications, attomey work product and, for archival purposes, paper and
electronic copies of pleadings, court submissions, including — exhibits,
correspondence, transcripts and accompanying exhibits, and memoranda that
contain, attach or refer to Confidential Discovery Materials, including a complete
record of any proceedings before the court, and will continue to be bound by this
order with respect to all such information that is kept after the conclusion of this
action. Nothing herein shall require a party or its counsel to delete Confidential
Discovery Materials of another party that may reside on its respective electronic
archives or disaster recovery systems, except that such materials will not be
retrieved or used for any purpose after the conclusion of this action.
No Waiver. Nothing in this order shall be construed as an abrogation, waiver or
limitation of any kind by a party or non-party of: (a) its right to object to any
discovery request on any ground; (b) any applicable privilege or protection; or (c)
its right to object to the admissibility at trial of any document, testimony or other
evidence. In addition, nothing in this order shall be construed as limiting any waiver
of physician-patient privilege by Plaintiff by reason of bringing this action and
asserting claims for damages. This order shall not prevent a party from applying to
the court for further or additional protective orders.
Non-A pplicability of Order. The restrictions and obligations set forth in this order
will not apply to any information that is publicly available, unless the information
| For purposes of Section VIII(1), “Prior Bad Acts” are broadly defined to include documents, reports, complaints,
notations within personnel files, and elsewhere, of previous accusations of abuse against an alleged sexual abuse
perpetrator.
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has become public in violation of this order. No party will be responsible to another
party for disclosure of information that would otherwise be confidential under this
order if such information is not labeled or otherwise identified in accordance with
this order, except that readily recognizable “Confidential Health Information 32
cannot be disclosed by any party, even if inadvertently produced without a
“CONFIDENTIAL INFORMATION” designation.
No tices. Transmission by electronic mail is acceptable for all notification purposes
under this order.
Modification. This order may be modified by written agreement of the Parties,
subject to approval by the court, or by application to the court. The court reserves
the right to modify this order for any reason that the court deems appropriate.
Duration. This order only applies to pre-trial matters because the court
acknowledges the standard for redacting or sealing information may be different
for trial.
Survival. After termination of this action, the provisions of this order shall continue
to be binding, except with respect to those documents and information that become
a matter of public record. This court retains continuing jurisdiction over all persons
subject to this order for enforcement of the provisions of this order or to impose
sanctions for any contempt thereof.
Dated: July 6, 2022
ALEXANDER. TIS. SSC.
LA ‘NCE LOVE, J.S.C.
il
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EXHIBIT A
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AGREEMENT TO BE BOUND BY CONFIDENTIALITY ORDER
L , have read the foregoing
confidentiality order (“order”) in this action and have received a copy of the order. I agree that I
will not disclose any Confidential Discovery Materials, as defined in the order, other than as
expressly permitted. I will destroy or return all Confidential Discovery Materials to the attorney
who provided it to me, upon request of that attorney, and I shall not retain any copies of said
Confidential Discovery Materials or any information contained within those Confidential
Discovery Materials designated as Confidential after the termination of this litigation, including all
appeals.
By acknowledging these obligations, I understand that I am submitting myself to
the jurisdiction of the Supreme Court of the State of New York, [
conceming any issue or dispute arising hereunder and that my disclosure of Confidential
Information in any manner contrary to the terms of the order may subject me to sanctions for
contempt of court.
Dated: Signature:
Printed Name:
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EXHIBIT B
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INDEX NO. 950970/2021 FILED: NEW YORK COUNTY CLERK 07/10/2022 05:08 PM NYSCEF DOC. NO. 15 RECEIVED NYSCEF 07/10/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTIES OF BRONX, KINGS, NEW YORK, QUEENS AND RICHMOND ne een ene nn ene enenennennemnenenennnnnenennennenennennenennene SECOND AMENDED In re: CHILD VICTIMS ACT LITIGATION CONFIDENTIALITY ORDER ne een ene nn ene enenennennemnenenennnnnenennennenennennenennene CONFIDENTIALITY ORDER Pursuant to Sec. IX of CMO 2 WHEREAS on February 24, 2020, the Court issued Case Management Order No. 1 (CMO 1); WHEREAS Section IX of Case Management Order No. 2 (“CMO 2”), dated J une 16, 2020, contemplated the issuance of a confidentiality order that would apply to disclosure in all Child Victims Act (“CVA”) (L. 2019 c.11) Actions venued in the Counties of Bronx, Kings, New York, Queens, and Richmond; WHEREAS pursuant to Section IX (A) (1) of CMO2, on June 22, 2020, Plaintiffs’ Liaison Counsel (the “PLC”) and Defendants’ Liaison Counsel (the “DLC”) each submitted alternative proposed Confidentiality Orders to the Court; WHEREAS on September 18, 2020, the Court issued a Confidentiality Order governing the pre-trial phase of actions litigated under the CVA; WHEREAS the Court granted leave for the DLC and CVA Defendants to move to vacate the September 18, 2020 Confidentiality Order, and created New York County Index Number 95000/2020 and Kings County Index Number 999999/2020 as master index numbers available for vacatur motions to he filed referable to all CVA cases in the aforementioned counties of the First and Second Departments, respectively, of the Appellate Division of the Supreme Court of the State of New York; WHEREAS following submission of several motions to vacate and/or modify the Confidentiality Order and oral argument on those motions, on March 30, 2021, the Court issued a Decision and Order regarding the Confidentiality Order, to which was annexed an Amended Confidentiality Order showing in redline the Sections of the September 18, 2020 Confidentiality Order that were amended and/or rescinded, and which Decision provided the rationale for each section that was amended and/or rescinded as shown in the annexed redline (see March 30, 2021 Decision and Order with Amended Confidentiality Order annexed hereto as Exhibit B); WHEREAS the DLC and several CVA Defendants filed Notices of Appeal from the 1 of 56 INDEX NO. 950970/2021 FILED: NEW YORK COUNTY CLERK 07/10/2022 05:08 PM NYSCEF DOC. NO. 15 RECEIVED NYSCEF: 07/10/2022 March 30, 2021 Decision and Order in both the Appellate Division, First Department and the Appellate Division, Second Department; WHEREAS on May 21, 2021, the Appellate Division, Second Department, issued an Order transferring the appeals from the March 30, 2021 Order noticed in the Appellate Division, Second Department under the Kings County master index number, 999999/2020 to the Appellate Division, First Department; WHEREAS the DLC and CVA Defendants applied to the Appellate Division, First Department for interim relief, requesting that court to stay, inter alia, Sections II (1), III (1) (a), IV (1) (a) (the sharing provisions) and IV (4) of the March 30, 2021 Amended Confidentiality Order; WHEREAS on July 15, 2021, the Appellate Division, First Department, issued an Order granting the applications for interim relief to the extent of staying the sharing provisions pending appeal of the March 30, 2021 Decision and Order and Amended Confidentiality Order, directing the appellants to perfect their appeals for the October 2021 Term, and, on the court’s own motion, consolidating each of the appeals from the March 30, 2021 Decision and Order and Amended Confidentiality Order and directing that they be perfected on a single record; and WHEREAS on December 7, 2021, the Appellate Division, First Department issued a unanimous Decision and Order, Matter of Child Victims Act NYC Litig. (200 AD3d 476, 478 [1st Dept 2021]), modifying the language in Sections II (1), III (1) (a) (i), and IV (1) (a) of the Amended Confidentiality Order (see December 7, 2021 Appellate Division Decision and Order annexed hereto as Exhibit C); WHEREAS this court finds good cause exists for the issuance of this Second Amended Confidentiality Order governing the pre-trial phase of actions litigated under the Child Victim's Act (L. 2019 ¢.11), including this action; and WHEREAS the provisions of this Second Amended Confidentiality Order, as set forth below, shall remain in effect unless modified; NOW, THEREFORE this Court promulgates this Second Amended Confidentiality Order implementing the reasoning and modifications directed by this Court’s March 30, 2021 Decision and Order (as to the former section V [rescinded] and section VIII (1) [modified]) and the Appellate Division, First Department in its December 7, 2021 Decision and Order: IT IS HEREBY ORDERED that all persons and entities subject to this order, including, without limitation, the parties, their attomeys, representatives, agents, experts and consultants, all non-parties providing discovery in this action, and all other interested persons with actual or constructive notice of this order, including their counsel, shall adhere to the following terms: I Applicability. 1 The terms and conditions of this order will be applicable to and govern all information, documents, and tangible items produced in this action, including, but 2 of 56 INDEX NO. 950970/2021 NYSCEF DOC. NO. 15 RECEIVED NYSCEF: 07/10/2022 not limited to, responses to requests for admission, deposition testimony, and deposition transcripts and/or videos, regardless of their medium or format (“Discovery Materials”). Discovery Materials that are designated as “Confidential Information,” which includes Confidential Health Information, are referred to herein as Confidential Discovery Materials. Any person subject to this order who receives Confidential Discovery Materials (“Receiving Party”) from another person (“Producing Party”) shall not disclose such Confidential Discovery Materials, except as expressly permitted hereunder. Discovery Materials that are designated by a non-party as “Confidential Information” will be treated as Confidential Discovery Materials under this order regardless of whether the non-party is or becomes bound by the terms of this order. II. Use and Disclosure of C onfidential Discovery Materials. 1 No Receiving Party may disseminate or cause the dissemination of any Confidential Discovery Materials to any person not authorized to receive such materials pursuant to § IV herein, or any person not reasonably involved in a related enforcement of insurance coverage rights (including any insurance coverage litigation (“Coverage Litigation’”)) with respect to such a claim (consistent with § IV (e) herein). Nothing in this order will affect or restrict a Producing Party’s maintenance, use, and/or disclosure of its own documents or information. Disclosures (other than public disclosures) by a Producing Party of its own documents or information will not affect any designation as Confidential Discovery Materials under this order. Nothing in this order will prevent or restrict counsel from rendering advice to their clients, and in the course thereof, relying on an examination of Confidential Discovery Materials. The court may issue additional orders conceming the use and disclosure of Discovery Materials and Confidential Discovery Materials, including in connection with depositions noticed in multiple actions concerning the same perpetrator. Ill. Confidential Designation. 1 Any party may designate all or portions of Discovery Materials as “Confidential 3 of 56 INDEX NO. 950970/2021 FILED: NEW YORK COUNTY CLERK 07/10/2022 05:08 PM NYSCEF DOC. NO. 15 RECEIVED NYSCEF: 07/10/2022 Information” to the extent that it believes, in good faith, such designated materials need protection from disclosure under federal, state, or local privacy law because such material contains: “Confidential Information,” which includes without limitation (i) non- publicly disclosed information, including data, summaries, and compilations derived therefrom, that contains scientifically, medically, financially, commercially sensitive information and/or personal information, including educational and employment records, and private information as defined in NY Shield Act, N.Y. Gen. Bus. Law § 899-aa (“PI”) and (ii) Confidential Health Information, as defined below; “Confidential Health Information,” includes “patient information,” as defined in New York State Public Health Law § 18(1)(e), and “protected health information” and “individually identifiable health information,” as defined in 45 C.F.R. § 160.103, promulgated pursuant to the Health Insurance Portability and Accountability Act of 1996, as amended (collectively, “HIPAA”), and which is permitted to be disclosed in the context of judicial and administrative proceedings pursuant to 45 C.F.R. § 164.512(e)(1), subject to certain requirements contained therein. Confidential Health Information includes any information that a party believes, in good faith, needs protection from disclosure under federal, state, or local privacy law because it identifies an individual in any manner and is related to (1) the past, present, or future care, services, or supplies relating to the health or condition of such individual, (2) the provision of health care to such individual, or (3) the past, present, or future payment for the provision of health care to such individual. Confidential Health Information includes medical bills, claim forms, charge sheets, medical records, medical charts, test results, prescriptions, medical notes and dictation, medical invoices, itemized billing statements, remittance advice forms, explanations of benefits, checks in payment of medical services or supplies, medical notices and requests, social security numbers, and similar information. Confidential Health Information includes all notes, summaries, compilations, extracts, abstracts, or oral communications that contain, are based on, or are derived from Confidential Health Information but does not include such information when individual identifiers are not included and/or the information is de-identified in accordance with the HIPAA de- identification standard set forth in 45 C.F.R. § 164.514(a). Confidential Health Information also includes any materials subject to the confidentiality provisions of any applicable federal, state, or local law, including, but not limited to the New York Public Health Law, CPLR § 4505, the Americans with Disabilities Act, as amended, the Genetic Information Nondiscrimination Act of 2008 (“GINA”), the Mental Hygiene Law, and the Confidentiality of Alcohol and Drug Patient Records under 42 U.S.C. Sec. 290dd-2 and 42 C.F.R. Part 2, and other applicable privacy laws, or any applicable statutory or common law. 4 of 56 INDEX NO. 950970/2021 FILED: NEW YORK COUNTY CLERK 07/10/2022 05:08 PM NYSCEF DOC. NO. 15 RECEIVED NYSCEF: 07/10/2022 To the extent reasonably practicable, a Producing Party will limit its designation of Confidential Information to specific portions of material that qualify under this definition. Where it would not be cost effective or would be burdensome, however, the Producing Party may designate an entire group of Discovery Materials as “CONFIDENTIAL INFORMATION.” 2 Depositions. When a deposition includes the disclosure of Confidential Information: Portions of the deposition and deposition exhibits may be designated as “CONFIDENTIAL INFORMATION” as appropriate, subject to the provisions of this order either by (i) indicating on the record during the deposition that a question calls for Confidential Information, in which case the reporter will mark the pages of the transcript containing the designated testimony as “Confidential Information Governed by Protective Order,” or (ii) notifying the reporter and all counsel of record, in writing, within ten (10) days of receiving the deponent’s signature or the date the transcript is deemed signed pursuant to CPLR § 3116(a), of the portion that contains Confidential Information, and the Designating Person shall reproduce that portion with the appropriate designation. During that 10-day period identified above, all parties will treat the entire deposition transcript, video or exhibit as if it had been designated as Confidential Information. The parties may also agree to treat a deposition transcript as Confidential in its entirety until trial. The Producing Party will have the right to exclude from the deposition, during such time as the Confidential Information is to be disclosed, any person other than the subject of the Confidential Information; the deponent (and his or her counsel); parties and counsel for all parties (including their staff and associates); the court reporter, and the persons identified in Section IV below. Documents. With respect to any Discovery Materials or portion thereof containing Confidential Information other than deposition transcripts and exhibits, the Producing Party or its counsel may designate such information contained in the Discovery Materials as Confidential Information by stamping or otherwise marking as “CONFIDENTIAL INFORMATION?” the protected portion in a manner that will not interfere with legibility or audibility. Electronically Stored Information. Electronically stored information (“ESI”) that a Producing Party wishes to designate as Confidential Information shall be marked as “CONFIDENTIAL INFORMATION.” If the ESI is transmitted through a file transfer protocol or other electronic transmission, it shall be encrypted with the password supplied in separate correspondence to the recipient or otherwise transmitted by secure means. 5 of 56 INDEX NO. 950970/2021 FILED: NEW YORK COUNTY CLERK 07/10/2022 05:08 PM NYSCEF DOC. NO. 15 RECEIVED NYSCEF: 07/10/2022 IV Disclosure of C onfidential Information. Confidential Information will not be disclosed by the Receiving Party except as permitted by this Order. 1 Permissible Disclosures. A Receiving Party may disclose a Producing Party’s Confidential Information only to the following persons: a. the parties to a civil claim related to allegations of child sexual abuse involving the same alleged abuser. Not less than 20 days prior to such disclosure, the Receiving Party must provide notice of the intended disclosure to the Producing Party, specifying the date thereof, identity of the intended recipient(s), and nature of the documents to be disclosed; such parties’ counsel, which shall mean in-house counsel, outside counsel of record, and other attorneys, paralegals, secretaries, other support staff or vendors (such as litigation support, investigators, copy-service providers, scanning providers, and document-management consultants) employed or retained by counsel; the Receiving Party’s expert witnesses, consultants (e.g., jury consultants and mock jurors), and their support staff, retained by counsel in connection with this action, who first sign an “Agreement To Be Bound by Stipulated Protective Order”, in the form attached hereto as Exhibit A, which counsel for the Receiving Party shall retain; the author, addressee, and/or other person indicated on a document as having received a copy of that document or that a party believes is referenced in a document; the insurers and reinsurers, including their counsel and consultants in the Coverage Litigation, upon the appropriate entry of a confidentiality order in the Coverage Litigation and the insurers, reinsurers, their counsel and consultants agreeing to be bound by that order’s terms. The fact that this order permits the disclosure of Confidential Discovery Materials in the Coverage Litigation shall not be construed or otherwise deemed as a finding that such Materials are relevant to or otherwise required to be produced in the Coverage Litigation. Whether any Confidential Discovery Materials are produced in the Coverage Litigation is to be determined by the parties to the Coverage Litigation or, in the event of a dispute, by the Court in the Coverage Litigation. In the event Confidential Discovery Materials are produced in the Coverage Litigation, they shall be subject to an appropriate confidentiality order entered in the Coverage Litigation; a witness who a party’s counsel in good faith believes may be called to testify at a deposition or trial, who first signs an “Agreement to be Bound by Stipulated Protective Order” in the form attached hereto as ExhibitA, which counsel for the Receiving Party shall retain; 6 6 of 56 INDEX NO. 950970/2021 FILED: NEW YORK COUNTY CLERK 07/10/2022 05:08 PM NYSCEF DOC. NO. 15 RECEIVED NYSCEF: 07/10/2022 any mediator, arbitrator, referee, or special master that the parties agree to or that this court appoints; this court, including any appellate court, its support and administrative personnel; and any court reporter and associated support staff employed in this litigation. Authorized Disclosures. A Receiving Party may disclose Confidential Information if: (i) the Producing Party or the subject of the Confidential Information, as applicable and to the extent of their authority, consents to such disclosure; (ii) the court, after notice to the parties and the subject of the Confidential Information, as applicable, allows such disclosure; or (iii) the Receiving Party is required to disclose Confidential Information pursuant to a subpoena or other legal demand, by law, or to a regulatory entity or other government agency, provided that, to the extent permitted by law, the Receiving Party gives prompt notice to counsel for the Producing Party and to the subject of the Confidential Information, as applicable, so that the Producing Party can oppose, with the Receiving Party’s reasonable cooperation, or minimize disclosure of such Confidential Information. Disclosures by Covered Entities and/or Health Care Providers and Business Associates. Subject to a properly executed release, all “covered entities” and “business entities” (as defined by 45 C.F.R. § 160.103) and/or “health care providers” (as defined by New York Public Health Law § 18 (1)(b)) are hereby authorized to disclose Confidential Information, including Confidential Health Information, pertaining to this action to those persons designated in paragraph 1.a of this section. Challenges to Designation as Confidential Information. A party who objects to any designation as Confidential Information may, at any time before the trial of this action, send to counsel for the Producing Party a written notice, specifying the documents or information that the challenging party contends should be differently designated and the grounds for the objection. The challenging party and the Producing Party shall meet and confer about the objection within ten (10) court days of the Producing Party receiving such written notice unless otherwise agreed. If the challenging party and the Producing Party cannot reach agreement, the Producing Party shall seek relief from the court in accordance with its rules and procedures within ten (10) court days of the meet and confer. The Producing Party will have the burden of justifying the propriety of its designation, which will continue as originally designated, unless otherwise ordered by the court or unless the Producing Party or the subject of the Confidential Information, as applicable, withdraws its designation in writing. In the event that the court mules that the challenged material’s designation should be changed, the Producing Party shall reproduce copies of all materials with their designations removed or changed in accordance with the ruling ten (10) business days of the ruling or the schedule set by the court, whichever is later. “Writing” and “written notice” shall include electronic communications. 7 7 of 56 INDEX NO. 950970/2021 FILED: NEW YORK COUNTY CLERK 07/10/2022 05:08 PM NYSCEF DOC. NO. 15 RECEIVED NYSCEF: 07/10/2022 Vv Identities of Abuse Survivors. [RESCINDED] VI. Procedures for Filing C onfidential Discovery Materials with the C ourt. 1 If a party wants to file materials containing Confidential Information (“Moving Party”), such filing shall be initially submitted directly to the court via electronic mail with simultaneous transmission to all other parties to the action. The Confidential Information shall not be filed in the public record until the court rules on whether the Confidential Information should be redacted or sealed as outlined below. Within five (5) court days of any such submission to the court, counsel for the Moving Party and the Producing Part shall meet and confer in good faith in an attempt to reach agreement as to appropriate redactions and/or sealing of any Confidential Information contained in the submission. If Counsel for those parties cannot reach agreement, any remaining dispute shall be submitted via a joint letter by those parties to the court, not to exceed five pages, within ten (10) business days of the meet and confer. Any party may use its portion of any such joint letter to request full briefing of the dispute. The Moving Party shall be responsible for submitting the joint letter to the court. Within five (5) court days of the court issuing its ruling on whether the Confidential Information should be redacted or sealed, the Moving Party shall file the material consistent with the court’s ruling. If the court rules that the Producing Party has met its burden of showing that Confidential Information should be redacted or sealed, the Moving Party shall redact the Confidential Information or file the Confidential Information under seal in accordance with the rules of the court and the court’s order. Any party shall be permitted to file under seal Confidential Health Information without seeking leave of court. VII. Inadvertent Disclosure. a. Confidential Information. If a party inadvertently produces any materials without a confidentiality designation, the Producing Party may provide written notice to the Receiving Party that the materials are Confidential Discovery Materials under this order and promptly reproduce the materials with an appropriate designation. The Receiving Party will treat the materials as Confidential Discovery Materials upon receipt of such notice and, within five (5) business days, take all reasonable steps to retrieve such materials from persons to whom the Receiving Party has disclosed such materials without a confidentiality designation or to confirm such persons have destroyed such materials. Privileged_Materials. If a Producing Party inadvertently discloses information subject to a claim of attorney-client privilege, attorney work 8 8 of 56 INDEX NO. 950970/2021 FILED: NEW YORK COUNTY CLERK 07/10/2022 05:08 PM NYSCEF DOC. NO. 15 RECEIVED NYSCEF: 07/10/2022 product doctrine, patient privacy protections, and/or other protections from disclosure (“Inadvertently Disclosed Information’), such disclosure, in and of itself, will not constitute or be deemed a waiver or forfeiture of any claim of privilege and/or other protection from disclosure with respect to the Inadvertently Disclosed Information. 1 Within five (5) business days after a Producing Party provides written notice of such inadvertent disclosure, the Receiving Party will return, sequester, or destroy all such Inadvertently Disclosed Information in its possession and provide to the Producing party a written certification that (a) this has been done, or (b) this has not been done because the Receiving Party has a good faith belief that the information was not inadvertently disclosed or that the information is not the proper subject of any claim of attomey-client privilege, attomey work product doctrine, patient privacy protections, and/or other protections from disclosure. In addition, if the Receiving Party has disclosed such information to others before receiving notice, the Receiving Party will (a) take reasonable steps to retrieve the information or ensure it has been destroyed, or (b) provide to the Producing Party with the names and contact information to whom this information was disclosed. IL Within thirty (30) days from the date of the certification referenced in (i), the Producing Party will (a) produce a privilege log for the Inadvertently Disclosed Information, and (b) if the Inadvertently Disclosed Information appears only in portions of documents, produce redacted copies of those documents. iii. If a Receiving Party thereafter moves the court for an order compelling production of the Inadvertently Disclosed Information, the Producing Party bears the burden of establishing the privileged or protected nature of any Inadvertently Disclosed Information. Such motion practice shall be governed by the process described in Section 6. Nothing in this order shall limit the right of any party to request that the court conduct an in camera review of the Inadvertently Disclosed Information. Consistent with New York Rule of Professional Responsibility 4.4(b) and any other applicable rules, if a Receiving Party reasonably believes that a document produced by a Producing Party is subject to attorney-client privilege and/or other protection from disclosure, the Receiving Party shall promptly notify the Producing Party. Within ten (10) days from a request by the Producing Party, the Receiving Party will return or destroy all copies of the document and certify in writing that this has been done. In any event, the Receiving Party will immediately cease all use of the materials at issue, will not read any unread portion of the documents, and will not refer to the 9 of 56 INDEX NO. 950970/2021 FILED: NEW YORK COUNTY CLERK 07/10/2022 05:08 PM NYSCEF DOC. NO. 15 RECEIVED NYSCEF: 07/10/2022 privileged content during the course of this matter. VIII. Additional Provisions 1 Prior Bad Acts. Generally, consistent with the substance of this order, records of prior bad acts!, including previous accusations of sexual abuse, against an alleged sexual abuse perpetrator, are discoverable, and will be disclosed upon request. Treatment of Discovery Materials Upon Termination of Action. Within sixty (60) days of the later of the expiration of the applicable statute(s) of limitations regarding professional malpractice conceming the action or final termination of this action, including any appeals, each party to the action and its counsel must delete, destroy, orreturn to the Producing Party all Confidential Discovery Materials, including any copies, excerpts, and summaries of Confidential Discovery Materials contained therein. However, counsel to a party to other civil claims related to allegations of child sexual abuse involving one or more of the same parties or one or more of the same alleged abusers is not obligated to delete, destroy, or return Discovery Materials until sixty (60) days after such claims are terminated, including appeals. Notwithstanding the foregoing, counsel shall be entitled to retain client communications, attomey work product and, for archival purposes, paper and electronic copies of pleadings, court submissions, including — exhibits, correspondence, transcripts and accompanying exhibits, and memoranda that contain, attach or refer to Confidential Discovery Materials, including a complete record of any proceedings before the court, and will continue to be bound by this order with respect to all such information that is kept after the conclusion of this action. Nothing herein shall require a party or its counsel to delete Confidential Discovery Materials of another party that may reside on its respective electronic archives or disaster recovery systems, except that such materials will not be retrieved or used for any purpose after the conclusion of this action. No Waiver. Nothing in this order shall be construed as an abrogation, waiver or limitation of any kind by a party or non-party of: (a) its right to object to any discovery request on any ground; (b) any applicable privilege or protection; or (c) its right to object to the admissibility at trial of any document, testimony or other evidence. In addition, nothing in this order shall be construed as limiting any waiver of physician-patient privilege by Plaintiff by reason of bringing this action and asserting claims for damages. This order shall not prevent a party from applying to the court for further or additional protective orders. Non-A pplicability of Order. The restrictions and obligations set forth in this order will not apply to any information that is publicly available, unless the information | For purposes of Section VIII(1), “Prior Bad Acts” are broadly defined to include documents, reports, complaints, notations within personnel files, and elsewhere, of previous accusations of abuse against an alleged sexual abuse perpetrator. 10 10 of 56 FILED: NEW YORK COUNTY CLERK 07/10/2022 05:08 PM INDEX NO. 950970/2021 NYSCEF DOC. NO. 15 RECEIVED NYSCEF: 07/10/2022 has become public in violation of this order. No party will be responsible to another party for disclosure of information that would otherwise be confidential under this order if such information is not labeled or otherwise identified in accordance with this order, except that readily recognizable “Confidential Health Information 32 cannot be disclosed by any party, even if inadvertently produced without a “CONFIDENTIAL INFORMATION” designation. No tices. Transmission by electronic mail is acceptable for all notification purposes under this order. Modification. This order may be modified by written agreement of the Parties, subject to approval by the court, or by application to the court. The court reserves the right to modify this order for any reason that the court deems appropriate. Duration. This order only applies to pre-trial matters because the court acknowledges the standard for redacting or sealing information may be different for trial. Survival. After termination of this action, the provisions of this order shall continue to be binding, except with respect to those documents and information that become a matter of public record. This court retains continuing jurisdiction over all persons subject to this order for enforcement of the provisions of this order or to impose sanctions for any contempt thereof. Dated: July 6, 2022 ALEXANDER. TIS. SSC. LA ‘NCE LOVE, J.S.C. il 11 of 56 ) YO OU PK DM INDEX NO. 950970/2021 NYSCEF BOC. NO. 15 RECEIVED NYSCEF: 07/10/2022 EXHIBIT A 12 12 of 56 INDEX NO. 950970/2021 FILED: NEW YORK COUNTY CLERK 07/10/2022 05:08 PM NYSCEF DOC. NO. 15 RECEIVED NYSCEF: 07/10/2022 AGREEMENT TO BE BOUND BY CONFIDENTIALITY ORDER L , have read the foregoing confidentiality order (“order”) in this action and have received a copy of the order. I agree that I will not disclose any Confidential Discovery Materials, as defined in the order, other than as expressly permitted. I will destroy or return all Confidential Discovery Materials to the attorney who provided it to me, upon request of that attorney, and I shall not retain any copies of said Confidential Discovery Materials or any information contained within those Confidential Discovery Materials designated as Confidential after the termination of this litigation, including all appeals. By acknowledging these obligations, I understand that I am submitting myself to the jurisdiction of the Supreme Court of the State of New York, [ conceming any issue or dispute arising hereunder and that my disclosure of Confidential Information in any manner contrary to the terms of the order may subject me to sanctions for contempt of court. Dated: Signature: Printed Name: 13 13 of 56 ) YO OU PK DM INDEX NO. 950970/2021 NYSCEF BOC. NO. 15 RECEIVED NYSCEF: 07/10/2022 EXHIBIT B 14 14 of 56 LED: NEW ORI OUN ERI INDEX NO. 950970/2020 NYSCEF BOC. NO. 159 RECEIVED NYSCEF: 02/30/2022