Rapp et al v. Fowler, No. 1:2020cv09586 - Document 128 (S.D.N.Y. 2021)

Court Description: MEMORANDUM OPINION re: 123 LETTER MOTION to Seal (Letter Motion for Protective Order Re Depositions Scheduled to Begin December 10, 2021) addressed to Judge Lewis A. Kaplan from Chase A. Scolnick dated December 3, 2021. filed by Kev in Spacey Fowler. The motions of both Spacey (Dkt 123) and Rapp (Dkt 127) for and in relation to a protective order, respectively, are denied except to the following extent: During discovery, plaintiff shall not inquire of the defendant conce rning his prior sexual or romantic experiences or encounters, if any, with anyone unless the identity of the person in respect of whom inquiry is made (the "Subject") has been disclosed by the Subject or otherwise become public, in eithe r case in connection with a claim, published report in mainstream media, or public allegation that any such sexual or romantic experience or encounter was not in all respects consensual. Any such Subject, and the defendant, have substantial privac y interests in their most intimate personal relationships that outweigh any legitimate interest of the plaintiff in pursuing those matters unless the foregoing condition is satisfied. During discovery, plaintiff shall not inquire of the defendant concerning his prior sexual or romantic experiences or encounters, if any, with former plaintiff C.D. C.D. has dismissed his claim against the defendant with prejudice rather than publicly disclose his identity. In the event plaintiff were to in ject C.D. 's allegations into this case, fairness would require that defendant be permitted to conduct a full and fair investigation into C.D,'s allegations, which at least to some extent likely require or result in public disclosure of C.D.'s identity. C.D.'s interest in preserving his anonymity and defendant's interest in a full and fair trial outweigh any legitimate interest of the plaintiff in going in to C.D.'s allegations in the absence of affording defe ndant the ability to meet such contentions, which likely could not be accomplished without compromising C.D.'s legitimate privacy interests. In light of the Court's order of October 13, 2021, plaintiff shall not inquire of the defendant during discovery in this case concerning the London Metropolitan Police investigation of defendant's alleged conduct. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 12/13/21) (yv)