Preview
Date Filed 3/6/2024 1:28 PM
Superior Court - Suffolk
Docket Number 2384CV02425
10
COMMONWEALTH OF MASSACHUSETTS
SUFFOLK, ss. SUPERIOR COURT
CIVIL ACTION
NO. 2384CV02425
HRISTINA NIKOLOVA,
Plaintiff,
Vv.
TRUSTEES OF BOSTON COLLEGE,
Defendant.
JOINT MOTION FOR ENTRY OF CONFIDENTIALITY AND PROTECTIVE ORDER
Plaintiff Hristina Nikolova and Defendant Trustees of Boston College jointly request that
the Court enter the attached stipulated Confidentiality and Protective Order pursuant to Rule
26(c) of the Massachusetts Rules of Civil Procedure.
In support of this motion, the parties state as follows:
1 The parties recognize the strong public policy in Massachusetts favoring the
publicity of judicial proceedings and the open disclosure of records filed with Massachusetts
courts.
2. The parties anticipate that some of the information exchanged in discovery and/or
filed during the course of this case will be regarded by one party or the other as confidential.
3 Entry of the attached stipulated Confidentiality and Protective Order will simplify
the discovery process for the parties and non-parties from whom discovery may be sought.
4 The purpose of the proposed Confidentiality and Protective Order is to balance
the public interest in open access to information in court proceedings, with the parties’ and/or
non-parties’ interests in maintaining certain personal or sensitive information in confidence.
Date Filed 3/6/2024 1:28 PM
Superior Court - Suffolk
Docket Number 2384CV02425
5 Massachusetts Rule of Civil Procedure 26(c) provides that for good cause shown
the Court “may make any order which justice requires to protect a party or person from
annoyance, embarrassment, oppression, or undue burden or expense,” including an order
providing that confidential information “not be revealed or revealed only in a designated way...”
Mass. R. Civ. P. 26(c).
WHEREFORE, the parties jointly request that the Court enter the Confidentiality and
Protective Order attached as Exhibit | to this Motion.
Respectfully submitted, Respectfully submitted,
TRUSTEES OF BOSTON COLLEGE HRISTINA NIKOLOVA,
By Its Attorneys, By Her Attorneys,
/s/ Charles A. Lamberton
/s/ Laura B. Kirschenbaum
Charles A. Lamberton
Alan D. Rose (BBO # 427280)
PA L.D. No 78043
Laura B. Kirshenbaum (BBO # 684886) (Pro hac vice)
Rose Law Partners LLP Lamberton Law Firm LLC
One Beacon Street, 23"! Floor 707 Grant Street, 1705 Gulf Tower
Boston, MA 02108 Pittsburgh, PA 15219
(617) 536-0040 Main Office: (412) 258-2250
adr@rose-law.net Cell: (412) 498-4120
Ibk@rose-law.net Remote Office: (412) 308-6959
Email: cal@lambertonlaw.com
/s/ Lana Sullivan
Lana Sullivan (BBO #649364)
Law Office of Lana Sullivan
75 Second Ave, Suite 605
Needham, MA 02494
Phone: (617) 454-1015
Email: lana@Janasullivaniaw.com
Dated: March 6, 2024
Date Filed 3/6/2024 1:28 PM
Superior Court - Suffolk
Docket Number 2384CV02425
EXHIBIT 1
Date Filed 3/6/2024 1:28 PM
Superior Court - Suffolk
Docket Number 2384CV02425
COMMONWEALTH OF MASSACHUSETTS
SUFFOLK, ss. SUPERIOR COURT
CIVIL ACTION
NO. 2384CV02425
HRISTINA NIKOLOVA,
Plaintiff,
Vv.
TRUSTEES OF BOSTON COLLEGE,
Defendant.
CONFIDENTIALITY ORDER
DESIGNATION OF DOCUMENTS AS CONFIDENTIAL
1 A party may designate as "Confidential" any document produced in response to
the other party's discovery requests or an order of Court which it reasonably and in good faith
believes to be confidential as defined in Paragraph 4 below. A designation shall be made by
placing a CONFIDENTIAL legend on each page of the document prior to production or filing of
the document with the Court. Other items shall be designated by affixing a tag or label
conspicuously bearing the appropriate term. Electronic information may be designated as
confidential by placing CONFIDENTIAL in the filename, or by other written designation
identifying the confidential nature of the electronic information.
2. Testimony at a deposition shall be treated as Confidential until the fourteenth day
after the deposition transcript has been delivered to all parties of record. No later than the
fourteenth day after the transcript has been delivered to the parties of record, counsel for any
party may serve a written Notice of Designation on all parties of record identifying the specific
portions of the transcript to be designated as Confidential, and thereafter only those portions so
designated shall be protected by the terms of this Order. The Notice of Designation shall attach a
PDF copy of the transcript with the designated portions shaded in gray while remaining
4
Date Filed 3/6/2024 1:28 PM
Superior Court - Suffolk
Docket Number 2384CV02425
readable. If multiple parties designate portions of the same deposition as confidential, those
parties shall work cooperatively and in good faith to combine their respective designations into a
single PDF transcript that shades the designated portions in a separate color for each party. The
failure to timely serve a Notice of Designation shall waive any designation of testimony taken in
that deposition as Confidential, unless otherwise ordered by the Court.
DEFINITIONS
3 The term "document" shall mean any written, typed, or printed matter of any kind,
sound recordings, photographs, or any other medium for preserving, duplicating, or recording
written or spoken words, including electronically stored information.
4 The word "confidential" shall mean information that is not publicly available and
which constitutes trade secrets, confidential, proprietary, or competitively sensitive information,
including medical records, of any party or potential witness or current or former employee of
Defendant, or information or documents that are deemed confidential by operation of law.
5 No presumption of confidentiality shall be made by the Court as a result of the
designation if the designation is challenged. If the designation is challenged, the burden of
proving confidentiality shall remain with the designating party.
TO WHOM CONFIDENTIAL DOCUMENTS MAY BE PRODUCED
6. Such documents as are designated "confidential" shall be produced by a party or
by order of Court only to the following persons and entities:
(a) Counsel of record for each of the undersigned parties, including their paralegals,
secretaries, and employees, as well as independent contractors who are contracted to
work on this litigation and agree in writing bound by this agreement;
(b) The parties to this action, including the Defendant’s current and former
employees;
(c) The Court, Court reporters and Court personnel;
(d) Experts retained by the parties in connection with this litigation;
(e) Any person agreed to in writing by the parties or ordered by the Court; and
5
Date Filed 3/6/2024 1:28 PM
Superior Court - Suffolk
Docket Number 2384CV02425
(f) Witnesses or potential witnesses who read and agree, in writing, to be bound by
this Order.
USE OF DOCUMENTS PRODUCED SUBJECT TO THIS ORDER
7 Documents designated as "confidential," copies thereof, and the information
contained therein shall only be exhibited or disclosed to the persons listed in paragraph 6,
provided, however, that nothing herein shall prevent the exhibition of such documents or the
disclosure of information contained therein to the author(s) and recipient(s) of such documents.
Also, nothing herein shall prevent the exhibition of such documents or the disclosure of
information contained therein to independent accountants, statisticians, economists or other
experts for use in preparation and/or in connection with the litigation of this action, if such
independent accountants, statisticians, economists or other experts first read this Order and agree
to be bound by it, by executing a copy of the agreement attached hereto as Exhibit "A." A list
shall be maintained by counsel of the names of all persons to whom disclosure is made pursuant
to paragraphs 6(d) and 6(f), as well as the names of counsel’s independent contractors as
described in paragraph 6(a).
8 No person receiving confidential documents shall disclose such documents or
information contained therein to any person other than those specified in paragraph 6 above.
FILING PROCEDURES FOR CONFIDENTIAL INFORMATION
9 The parties shall comply with the Uniform Rules on Impoundment Procedure,
Massachusetts Trial Court Rule VIII with respect to the filing of confidential information in
Court.
CONTESTING THE CONFIDENTIALITY DESIGNATION
10. This Order is without prejudice to the right of any party to contest the question of
the confidential or privileged status of any category of documents, particular documents or part
thereof which may be produced in the manner set forth below:
Date Filed 3/6/2024 1:28 PM
Superior Court - Suffolk
Docket Number 2384CV02425
(a) In the event that a party objects to the designation of a document as confidential
the party must first notify the opposing counsel in writing of such objection specifying
the Bate stamped numbers of the documents in question.
(b) The parties shall attempt to resolve the dispute informally.
(c) If the dispute cannot be resolved either party may submit the dispute to the Court
(d) The confidentiality and disclosure terms of this Order shall be in force and effect
until there is a ruling by the Court.
11. The Parties may at any time agree in writing to de-designate Confidential
Material, and the Court may swa sponte de-designate any material filed as confidential material.
AT THE CONCLUSION OF THE CASE
12. At the conclusion of this Action by settlement and/or final judgment, including
any appeals, all documents and any reproductions thereof subject to this Order shall be returned
to the party producing such confidential documents, or maintained in a confidential manner and
or destroyed by the party holding the documents, at its option. This Order shall continue in effect
after the conclusion of this Civil Action, subject to further agreement of the Parties or order of
the Court.
Date Filed 3/6/2024 1:28 PM
Superior Court - Suffolk
Docket Number 2384CV02425
EXHIBIT A
COMMONWEALTH OF MASSACHUSETTS
SUFFOLK, ss. SUPERIOR COURT
CIVIL ACTION
NO. 2384CV02425
HRISTINA NIKOLOVA,
Plaintiff,
V.
TRUSTEES OF BOSTON COLLEGE,
Defendant.
AGREEMENT CONCERNING CONFIDENTIALITY ORDER
L have read the Confidentiality Order entered in this action set forth
above, and I understand the terms thereof, and agree to be bound by such terms. I will not
disclose to any person other than those specifically authorized by the Order, and will not copy or
use except solely for the purpose of this litigation, any information protected by the Order except
as expressly permitted by the parties to the litigation or by the Court.
Printed Name / Signature / Date
Date Filed 3/6/2024 1:28 PM
Superior Court - Suffolk
Docket Number 2384CV02425
SO AGREED:
TRUSTEES OF BOSTON COLLEGE HRISTINA NIKOLOVA,
By Its Attorneys, By Her Attorneys,
/s/ Charles A. Lamberton
/s/ Laura B. Kirschenbaum
Charles A. Lamberton
Alan D. Rose (BBO # 427280) PA LD. No 78043
Laura B. Kirshenbaum (BBO # 684886) (Pro hac vice)
Rose Law Partners LLP Lamberton Law Firm LLC
One Beacon Street, 23" Floor 707 Grant Street, 1705 Gulf Tower
Boston, MA 02108 Pittsburgh, PA 15219
(617) 536-0040 Main Office: (412) 258-2250
adr@rose-law.net
aon rosea wine Cell: (412) 498-4120
Ibk@rose-law.net
SDE TOs cna Wie Remote Office: (412) 308-6959
Email: cal@lambertonlaw.com
/s/Lana Sullivan
Lana Sullivan (BBO #649364)
Law Office of Lana Sullivan
75 Second Ave, Suite 605
Needham, MA 02494
Phone: (617) 454-1015
Email: lana@lanasullivanlaw.com
SO ORDERED:
Justice of the Superior Court
Date Filed 3/6/2024 1:28 PM
Superior Court - Suffolk
Docket Number 2384CV02425
CERTIFICATE OF SERVICE
Thereby certify that I have served a copy of this document upon the Defendant by sending
the same on March 6, 2024 via the e-filing system to counsel of record listed below:
Alan D. Rose (BBO # 427280)
Laura B. Kirshenbaum (BBO # 684886)
Rose Law Partners LLP
One Beacon Street, 23rd Floor Boston, MA 02108
(617) 536-0040
adr@rose-law.net
Ibk@rose-law.net
/s/Lana Sullivan
Lana Sullivan
Preview
Date Filed 3/6/2024 1:28 PM Superior Court - Suffolk Docket Number 2384CV02425 10 COMMONWEALTH OF MASSACHUSETTS SUFFOLK, ss. SUPERIOR COURT CIVIL ACTION NO. 2384CV02425 HRISTINA NIKOLOVA, Plaintiff, Vv. TRUSTEES OF BOSTON COLLEGE, Defendant. JOINT MOTION FOR ENTRY OF CONFIDENTIALITY AND PROTECTIVE ORDER Plaintiff Hristina Nikolova and Defendant Trustees of Boston College jointly request that the Court enter the attached stipulated Confidentiality and Protective Order pursuant to Rule 26(c) of the Massachusetts Rules of Civil Procedure. In support of this motion, the parties state as follows: 1 The parties recognize the strong public policy in Massachusetts favoring the publicity of judicial proceedings and the open disclosure of records filed with Massachusetts courts. 2. The parties anticipate that some of the information exchanged in discovery and/or filed during the course of this case will be regarded by one party or the other as confidential. 3 Entry of the attached stipulated Confidentiality and Protective Order will simplify the discovery process for the parties and non-parties from whom discovery may be sought. 4 The purpose of the proposed Confidentiality and Protective Order is to balance the public interest in open access to information in court proceedings, with the parties’ and/or non-parties’ interests in maintaining certain personal or sensitive information in confidence. Date Filed 3/6/2024 1:28 PM Superior Court - Suffolk Docket Number 2384CV02425 5 Massachusetts Rule of Civil Procedure 26(c) provides that for good cause shown the Court “may make any order which justice requires to protect a party or person from annoyance, embarrassment, oppression, or undue burden or expense,” including an order providing that confidential information “not be revealed or revealed only in a designated way...” Mass. R. Civ. P. 26(c). WHEREFORE, the parties jointly request that the Court enter the Confidentiality and Protective Order attached as Exhibit | to this Motion. Respectfully submitted, Respectfully submitted, TRUSTEES OF BOSTON COLLEGE HRISTINA NIKOLOVA, By Its Attorneys, By Her Attorneys, /s/ Charles A. Lamberton /s/ Laura B. Kirschenbaum Charles A. Lamberton Alan D. Rose (BBO # 427280) PA L.D. No 78043 Laura B. Kirshenbaum (BBO # 684886) (Pro hac vice) Rose Law Partners LLP Lamberton Law Firm LLC One Beacon Street, 23"! Floor 707 Grant Street, 1705 Gulf Tower Boston, MA 02108 Pittsburgh, PA 15219 (617) 536-0040 Main Office: (412) 258-2250 adr@rose-law.net Cell: (412) 498-4120 Ibk@rose-law.net Remote Office: (412) 308-6959 Email: cal@lambertonlaw.com /s/ Lana Sullivan Lana Sullivan (BBO #649364) Law Office of Lana Sullivan 75 Second Ave, Suite 605 Needham, MA 02494 Phone: (617) 454-1015 Email: lana@Janasullivaniaw.com Dated: March 6, 2024 Date Filed 3/6/2024 1:28 PM Superior Court - Suffolk Docket Number 2384CV02425 EXHIBIT 1 Date Filed 3/6/2024 1:28 PM Superior Court - Suffolk Docket Number 2384CV02425 COMMONWEALTH OF MASSACHUSETTS SUFFOLK, ss. SUPERIOR COURT CIVIL ACTION NO. 2384CV02425 HRISTINA NIKOLOVA, Plaintiff, Vv. TRUSTEES OF BOSTON COLLEGE, Defendant. CONFIDENTIALITY ORDER DESIGNATION OF DOCUMENTS AS CONFIDENTIAL 1 A party may designate as "Confidential" any document produced in response to the other party's discovery requests or an order of Court which it reasonably and in good faith believes to be confidential as defined in Paragraph 4 below. A designation shall be made by placing a CONFIDENTIAL legend on each page of the document prior to production or filing of the document with the Court. Other items shall be designated by affixing a tag or label conspicuously bearing the appropriate term. Electronic information may be designated as confidential by placing CONFIDENTIAL in the filename, or by other written designation identifying the confidential nature of the electronic information. 2. Testimony at a deposition shall be treated as Confidential until the fourteenth day after the deposition transcript has been delivered to all parties of record. No later than the fourteenth day after the transcript has been delivered to the parties of record, counsel for any party may serve a written Notice of Designation on all parties of record identifying the specific portions of the transcript to be designated as Confidential, and thereafter only those portions so designated shall be protected by the terms of this Order. The Notice of Designation shall attach a PDF copy of the transcript with the designated portions shaded in gray while remaining 4 Date Filed 3/6/2024 1:28 PM Superior Court - Suffolk Docket Number 2384CV02425 readable. If multiple parties designate portions of the same deposition as confidential, those parties shall work cooperatively and in good faith to combine their respective designations into a single PDF transcript that shades the designated portions in a separate color for each party. The failure to timely serve a Notice of Designation shall waive any designation of testimony taken in that deposition as Confidential, unless otherwise ordered by the Court. DEFINITIONS 3 The term "document" shall mean any written, typed, or printed matter of any kind, sound recordings, photographs, or any other medium for preserving, duplicating, or recording written or spoken words, including electronically stored information. 4 The word "confidential" shall mean information that is not publicly available and which constitutes trade secrets, confidential, proprietary, or competitively sensitive information, including medical records, of any party or potential witness or current or former employee of Defendant, or information or documents that are deemed confidential by operation of law. 5 No presumption of confidentiality shall be made by the Court as a result of the designation if the designation is challenged. If the designation is challenged, the burden of proving confidentiality shall remain with the designating party. TO WHOM CONFIDENTIAL DOCUMENTS MAY BE PRODUCED 6. Such documents as are designated "confidential" shall be produced by a party or by order of Court only to the following persons and entities: (a) Counsel of record for each of the undersigned parties, including their paralegals, secretaries, and employees, as well as independent contractors who are contracted to work on this litigation and agree in writing bound by this agreement; (b) The parties to this action, including the Defendant’s current and former employees; (c) The Court, Court reporters and Court personnel; (d) Experts retained by the parties in connection with this litigation; (e) Any person agreed to in writing by the parties or ordered by the Court; and 5 Date Filed 3/6/2024 1:28 PM Superior Court - Suffolk Docket Number 2384CV02425 (f) Witnesses or potential witnesses who read and agree, in writing, to be bound by this Order. USE OF DOCUMENTS PRODUCED SUBJECT TO THIS ORDER 7 Documents designated as "confidential," copies thereof, and the information contained therein shall only be exhibited or disclosed to the persons listed in paragraph 6, provided, however, that nothing herein shall prevent the exhibition of such documents or the disclosure of information contained therein to the author(s) and recipient(s) of such documents. Also, nothing herein shall prevent the exhibition of such documents or the disclosure of information contained therein to independent accountants, statisticians, economists or other experts for use in preparation and/or in connection with the litigation of this action, if such independent accountants, statisticians, economists or other experts first read this Order and agree to be bound by it, by executing a copy of the agreement attached hereto as Exhibit "A." A list shall be maintained by counsel of the names of all persons to whom disclosure is made pursuant to paragraphs 6(d) and 6(f), as well as the names of counsel’s independent contractors as described in paragraph 6(a). 8 No person receiving confidential documents shall disclose such documents or information contained therein to any person other than those specified in paragraph 6 above. FILING PROCEDURES FOR CONFIDENTIAL INFORMATION 9 The parties shall comply with the Uniform Rules on Impoundment Procedure, Massachusetts Trial Court Rule VIII with respect to the filing of confidential information in Court. CONTESTING THE CONFIDENTIALITY DESIGNATION 10. This Order is without prejudice to the right of any party to contest the question of the confidential or privileged status of any category of documents, particular documents or part thereof which may be produced in the manner set forth below: Date Filed 3/6/2024 1:28 PM Superior Court - Suffolk Docket Number 2384CV02425 (a) In the event that a party objects to the designation of a document as confidential the party must first notify the opposing counsel in writing of such objection specifying the Bate stamped numbers of the documents in question. (b) The parties shall attempt to resolve the dispute informally. (c) If the dispute cannot be resolved either party may submit the dispute to the Court (d) The confidentiality and disclosure terms of this Order shall be in force and effect until there is a ruling by the Court. 11. The Parties may at any time agree in writing to de-designate Confidential Material, and the Court may swa sponte de-designate any material filed as confidential material. AT THE CONCLUSION OF THE CASE 12. At the conclusion of this Action by settlement and/or final judgment, including any appeals, all documents and any reproductions thereof subject to this Order shall be returned to the party producing such confidential documents, or maintained in a confidential manner and or destroyed by the party holding the documents, at its option. This Order shall continue in effect after the conclusion of this Civil Action, subject to further agreement of the Parties or order of the Court. Date Filed 3/6/2024 1:28 PM Superior Court - Suffolk Docket Number 2384CV02425 EXHIBIT A COMMONWEALTH OF MASSACHUSETTS SUFFOLK, ss. SUPERIOR COURT CIVIL ACTION NO. 2384CV02425 HRISTINA NIKOLOVA, Plaintiff, V. TRUSTEES OF BOSTON COLLEGE, Defendant. AGREEMENT CONCERNING CONFIDENTIALITY ORDER L have read the Confidentiality Order entered in this action set forth above, and I understand the terms thereof, and agree to be bound by such terms. I will not disclose to any person other than those specifically authorized by the Order, and will not copy or use except solely for the purpose of this litigation, any information protected by the Order except as expressly permitted by the parties to the litigation or by the Court. Printed Name / Signature / Date Date Filed 3/6/2024 1:28 PM Superior Court - Suffolk Docket Number 2384CV02425 SO AGREED: TRUSTEES OF BOSTON COLLEGE HRISTINA NIKOLOVA, By Its Attorneys, By Her Attorneys, /s/ Charles A. Lamberton /s/ Laura B. Kirschenbaum Charles A. Lamberton Alan D. Rose (BBO # 427280) PA LD. No 78043 Laura B. Kirshenbaum (BBO # 684886) (Pro hac vice) Rose Law Partners LLP Lamberton Law Firm LLC One Beacon Street, 23" Floor 707 Grant Street, 1705 Gulf Tower Boston, MA 02108 Pittsburgh, PA 15219 (617) 536-0040 Main Office: (412) 258-2250 adr@rose-law.net aon rosea wine Cell: (412) 498-4120 Ibk@rose-law.net SDE TOs cna Wie Remote Office: (412) 308-6959 Email: cal@lambertonlaw.com /s/Lana Sullivan Lana Sullivan (BBO #649364) Law Office of Lana Sullivan 75 Second Ave, Suite 605 Needham, MA 02494 Phone: (617) 454-1015 Email: lana@lanasullivanlaw.com SO ORDERED: Justice of the Superior Court Date Filed 3/6/2024 1:28 PM Superior Court - Suffolk Docket Number 2384CV02425 CERTIFICATE OF SERVICE Thereby certify that I have served a copy of this document upon the Defendant by sending the same on March 6, 2024 via the e-filing system to counsel of record listed below: Alan D. Rose (BBO # 427280) Laura B. Kirshenbaum (BBO # 684886) Rose Law Partners LLP One Beacon Street, 23rd Floor Boston, MA 02108 (617) 536-0040 adr@rose-law.net Ibk@rose-law.net /s/Lana Sullivan Lana Sullivan