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In the Matter of the Application of JAMES :
THOMSON, MEGHAN THOMSON, JAMES :
REYES SALAZAR, BRANDON LINKER, and : Index No. 080319/09
JAMES HART, :
: Special Election Part
Petitioners, :
: Justice Giacobbe
- against - :
:
DATA AND FIELD SERVICES, INC., DAVID :
THOMAS, as the Treasurer of Debi Rose 4 City STIPULATION
:
Council, BOARD OF ELECTIONS IN THE CITY : CONCERNING
OF NEW YORK, and NEW YORK STATE CONFIDENTIALITY OF
:
BOARD OF ELECTIONS, CERTAIN DOCUMENTS
:
:
Respondents. :
-------------------------------------- x
IT IS HEREBY STIPULATED AND AGREED, by and between counsel for the parties
1. Respondents Data and Field Services, Inc. (“DFS”) and David Thomas, as the Treasurer of
Debi Rose 4 City Council (the “Rose Campaign”) (together, “Respondents”), have requested
that certain of the documents Respondents intend to produce on February 5, 2010, shall be
proceeding. For the purposes of this stipulation, “Confidential Material” shall be limited to
mean only:
a. documents, whether produced in hard copy or electronic form (including any meta
data that can be obtained), that describe or reflect the allocation of personal services
of any person, services other than personal services (“OTPS”), the services rendered
and the charges there for by DFS to any other candidate-client or committee
(“campaign”) other than Debi Rose 4 City Council or Friends of Debi Rose; and
b. information identifying favorable and unfavorable voters in the September 2009
Democratic primary for council member in the 49th council district and any other
In order to receive “Confidential” treatment pursuant to this stipulation, the documents that
Respondents designate as such must be limited to only the two categories described above
and have the word “Confidential” stamped on the face of each document at the time of the
here, the persons permitted access to the “Confidential Material” that Respondents will be
“Petitioners”). Notwithstanding the foregoing, Petitioner Brandon Linker shall not be given
access to documents identifying favorable and unfavorable voters in the September 2009
Democratic primary for council member in the 49th council district. Other than those
employed by counsel of record to this lawsuit, who shall be bound by this stipulation upon
its execution, any individual provided with any of this “Confidential Material” must first
agree in writing to abide by the terms of this stipulation. Notwithstanding any of the
foregoing, nothing herein shall preclude Petitioners or Respondents from submitting any
such document to the Court (redacting the name of the other candidate or individual voter),
which, in redacted form, shall not be deemed “Confidential Material” pursuant to this
stipulation, or offering any such document in un-redacted form into evidence at trial, which,
if received in evidence, shall then become a matter of public record and therefore no longer
Petitioners solely for the purpose of conducting this particular special proceeding and not
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for any other purpose, and shall not be disclosed to any other person or entity, except as
3. The final determination, discontinuance, award, judgment or settlement of this action shall
not relieve any person who has received “Confidential Material” from the obligations
imposed by this stipulation, and the Court shall retain jurisdiction after such determination,
discontinuance, judgment or settlement for the limited purpose of enforcing the provisions
of the stipulation. Any dispute about whether a document has been properly designated as
determination.
4. Within thirty (30) days after the final determination or settlement of this action (including
any appeals), Petitioners, through their counsel, shall return to Respondents, through their
counsel, any documents designated and remaining “Confidential” as of that date, and any
copies thereof.
object to any discovery request on any ground, nor shall Respondents’ designation of any
Respondents reserve any rights they may have to object to the admissibility into evidence of
6. Nothing contained herein shall prohibit any individual who has been given access to
“Confidential Material” from complying with a court order or subpoena requiring its
production. Upon receipt of any such subpoena, other than a subpoena lawfully barring the
subpoenaed party from disclosing its existence, the individual shall promptly contact the
attorney for Respondent DFS before responding to the subpoena so that DFS may have the
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7. For purposes of this stipulation, the parties, through their counsel, shall be permitted to sign
in counterpart, which shall be deemed good and effective execution of this agreement, and
faxed or scanned signatures shall be deemed to be originals. This stipulation shall be binding
on the parties so long as executed by at least one counsel of record for each party hereto
By: By:
Randy M. Mastro Alexander Rabb
Kevin Blake
Timothy D. Swain 80 Eighth Avenue, Floor 8
Eric Yuen New York, New York 10011
Telephone: (212) 627-8100
200 Park Avenue, 47th Floor Facsimile: (212) 627-8182
New York, New York 10166-0193 arabb@levyratner.com
Telephone: (212) 351-4000
Facsimile: (212) 351-4035 – and –
rmastro@gibsondunn.com
KANTOR, DAVIDOFF, WOLFE,
– and – MANDELKER, TWOMEY &
GALLANTY, P.C.
RALPH J. PORZIO, ESQ.
By:
By: Lawrence A. Mandelker
Ralph J. Porzio
51 East 42nd Street, 17th Floor
686 Forest Avenue New York, New York 10017
Staten Island, New York 10310 Telephone: (212) 682-8383
Telephone: (718) 448-4000 Facsimile: (212) 949-5206
Facsimile: (718) 876-9302 mandelker@kantorlawonline.com
Attorneys for Petitioners Attorneys for Respondent Data and Field Services, Inc.
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HENRY T. BERGER
By:
Henry T. Berger
– and –
STUDIO LEGALE
By:
Robert A. Mulhall