Order | Filed: July 07, 2026
| Entered: July 07, 2026
Fischetti v. Home Depot U.S.A., Inc.
P.I.: Other | New York Eastern
Order on Motion for Protective Order Scheduling Order 1 - Terminate Deadlines and Hearings
ORDER. The Court is in receipt of the filings at ECF Nos. 13 , 15 , 16 and 17 . The parties are not permitted to delay the production of discovery based on a request that a stipulation as to confidentiality be so-ordered, unless a legal restriction limits production without a court order. Defendant does not identify any applicable restriction in this case. See ECF No. 17 . Thus, Defendant's delay in making the discovery production required is unjustified and appears to have delayed this action without a good reason. The parties are warned against the over-designation of materials as confidential. In particular, Defendant should not assume that surveillance material or similar photographs of public spaces can reasonably be designated as confidential. See ECF No. 17 at 1 (Defendant arguing that Plaintiff withheld production of surveillance materials, photographs, and documents related to inspections, cleaning and maintenance of the restroom at issue based on confidentiality).
The Court so-orders the stipulation at ECF No. 13 , with the following additions and modifications:
In paragraph 7, the Court is not available to provide "guidance." Should a party seek a modification of a confidentiality designation and/or access to such materials, a party may move the Court for relief.
As to Paragraph 10, all decisions related to access and use of materials at trial are reserved for the trial judge. The last sentence of the paragraph, which is the provision that the status of the evidence as confidential shall not be disclosed to the finder of fact, is deleted. Notwithstanding the provisions of Paragraph 10, the parties must comply with the Court's orders, including all requirements as to pretrial submissions, such as a proposed joint pretrial order, motions in limine and jury instructions. The stipulation at ECF No. 13 in no way limits or expands a party's rights to make trial-related motions.
As to Paragraph 13, notwithstanding the requirements of this paragraph, each side's counsel may maintain a complete set of all confidential information in order to comply with counsel's ethical obligations.
In the attached agreement (ECF No. 13 pages 6-7), the items on page 7 (address, employer, job title) are deleted.
As to ECF Nos. 16 and 17 , Defendant is ordered to produce any surveillance materials and/or photographs relating to the underlying incident on or before 7/21/2026. Defendant is also ordered to produce documents relating to the inspection, cleaning, maintenance and repair of the restroom at issue by the same date. The withheld materials are not privileged, and they are relevant to both Plaintiff's and Defendant's position in this litigation. See ECF Nos. 1 -1, 4. To the extent that Plaintiff is in possession of nonprivileged discovery material, such discovery must be produced by 7/21/2026 as well.
On or before 7/21/2026, counsel must confer as to dates for the depositions of Plaintiff and any other witness the party or parties seek to depose. If Defendant fails to confer as to the date for the rescheduled Plaintiff's deposition, Defendant will deemed to have waived the right to depose Plaintiff.
In light of this Order, the date for the status letter required by the 11/22/2025 Order is postponed to 7/29/2026. The status letter... (truncated)