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Hodges v. McGough Enters. LLC
(2026)
Case details
Full caption
Hodges v. McGough Enterprises LLC
Country
United States
Jurisdiction
Federal
Decided
2026
Disposition
Motion Denied
UNITED
STATES
DISTRICT
COURT
SOUTHERN
DISTRICT
OF
NEW
YORK
------------------------------------------------------X
JAMIE
HODGES,
Plaintiff,
-against-
MCGOUGH
ENTERPRISES
LLC,
individually
and
d/b/a
MCGOUGH
ACADEMY,
and
MEAGAN
MCGOUGH,
individually,
Defendants.
------------------------------------------------------X
MCGOUGH
ENTERPRISES
LLC,
individually,
and
MEAGAN
MCGOUGH,
individually,
Counterclaim
Plaintiffs,
-against-
JAMIE
HODGES,
Counterclaim
Defendant.
------------------------------------------------------X
Plaintiff
Jamie
Hodges
(“Plaintiff”)
comm
enced
this
action
on
June
15,
2023,
asserting
claims
for
aiding
and
abetting,
assaul
t
and
battery,
and
negligent
i
nfliction
of
emotional
distress
against
Defendant
Meagan
McGough
(“McGough”),
as
well
as
claims
for
discrimination
and
retaliation
against
McGough
and
Defendant
McGough
Enterprises
LLC
(“Academy”)
(collectively,
“Defendants”)
(“Complaint”).
(Docke
t
No.
1).
On
July
7,
2025,
Defendants
filed
an
amended
answer
and
counterclaims
against
Plaintiff
alleging
intentional
infliction
of
emotional
distress,
negligent
infliction
of
emot
ional
distress,
defamation,
violation
of
New
York
ORDER
2
3
Civ.
5016
(NSR)(JCM)
Hodges
v.
McGough
Enterprises
LLC
et
al
Doc.
135
Dockets.Justia.com
-
2
-
Civil
Rights
Law
§
52-b,
breach
of
contract
for
the
failure
to
pay
rent,
breach
of
fiduciary
obligations
and
breach
of
contract,
and
breach
of
employment
contractu
al
obligations.
(Docket
No.
86).
Presently
before
the
Court
is
Plaintiff’s
motion
for
a
protective
order.
(Docket
No.
125).
1
For
the
reasons
set
forth
herein,
the
motion
is
denied.
I.
BACKGROUND
The
Court
assumes
familiarity
with
the
compl
icated
factual
and
procedural
history
of
the
case
and
includes
only
the
facts
relevant
to
the
pending
motion.
2
A.
Plaintiff’s
Allegations
The
Academy
is
an
Irish
dance
school
owned
and
operated
by
McGough.
(Docket
No.
1
¶¶
8,
16).
In
2018,
Plaintiff
began
working
for
the
Academy,
with
McGough
as
his
supervisor.
(
Id.
¶¶
9,
13).
Plaintiff’s
job
duties
included
teaching
Irish
dance
in
individual
and
group
lessons,
choreographing
dances
for
competitions,
and
assisting
McGough
with
management.
(
Id.
¶
15).
The
nature
of
Plaintiff’s
work
required
fr
equent
travel,
which
was
arranged
and
paid
for
by
McGough.
(
Id.
¶
17).
McGough
occasionally
arranged
accommodations
requiring
her
and
Plaintiff
to
share
a
room
or
bed.
(
Id.
).
Plaintiff
alleges
that
McGough
regularly
sexually
harassed
him
from
June
2019
to
February
2020,
including
grabbing
his
penis.
(
Id.
¶¶
20-21).
The
harassment
stopped
during
the
COVID-19
pandemic.
(
Id.
¶
22).
In
October
2021,
McGough
told
Plaintiff
she
was
“crazy
about”
him.
(
Id.
¶
23).
Plaintiff
told
her
he
did
not
reciprocate
the
feeling.
(
Id.
).
Plaintiff
and
McGough
did
not
speak
from
December
2021
to
July
2022.
(
Id.
¶
24).
1
Plaintiff’s
motion
for
a
protective
order
was
duplicatively
filed
as
Docket
No.
132.
2
The
facts
set
forth
herein
are
take
n
from
the
Complaint,
(Docket
No.
1),
counterclaims,
(Docket
No.
86),
and
the
parties’
briefs,
(Docket
Nos.
125,
133-
34).
The
Court
includes
these
facts
“to
provide
[]
context
for
the
discovery”
dispute
and
makes
“[n]o
factu
al
findings
with
respect
to
the
merits
of
the
litigation.”
Bank
Brussels
Lambert
v.
Credit
Lyonnais
(Suisse)
S.A.
,
160
F.R.D.
437,
440
n.1
(S.D.N.Y.
1995).
-
3
-
In
July
2022,
McGough
called
Plaintiff
and
told
him
she
no
longer
had
romantic
feelings
toward
him,
and
they
agreed
to
work
together
again
platonically.
(
Id.
¶
26).
However,
Plaintiff
alleges
McGough
began
se
xually
harassing
him
again
in
September
2022.
(
Id.
¶
27).
The
Complaint
details
the
dates
of
incidents
in
wh
ich
Plaintiff
alleges
McGough
inappropriately
messaged
him
on
WhatsApp.
(
Id.
¶¶
28-34).
McGough
also
sent
Plaintiff
inappropriate
photos.
(
Id.
¶
34).
Plaintiff
further
contends
there
were
several
incidents
in
which
McGough
inappropriately
touched
his
penis
and
tried
to
perform
oral
sex
on
him
without
consent.
(
Id.
¶¶
35-39).
Each
time,
Plaintiff
rebuffed
the
advances
and
told
McGough
he
was
not
interested.
(
Id.
).
Plaintiff
also
alleges
several
other
incidents
when
McGough
displayed
her
naked
body
to
him,
messaged
him
inappropriate
poetry,
and
harassed
him.
(
Id.
¶¶
41-46,
51-57).
On
January
23,
2023,
Plaintiff
told
McGough
th
at
her
behavior
made
him
uncomfortable.
(
Id.
¶
58).
McGough
then
terminated
his
employment.
(
Id.
).
In
May
2023,
McGough
began
posting
about
Plaintiff
on
an
Irish
dance
blog,
accusing
Plaintiff
of
inappropriately
corresponding
with
underage
students.
(
Id.
¶¶
65-66).
B.
Defendants’
Allegations
Defendants
allege
that
McGough
and
Plaintiff
had
a
consensual
sexual
relationship
from
April
2019
through
January
2023.
(Docket
No.
86
¶¶
112-13).
The
counterclaims
detail
many
text
messages
sent
by
Plaintiff
which
McGough
al
leges
demonstrate
that
the
relationship
was
consensual.
(
Id.
¶¶
115-16).
For
example,
on
October
31,
2022,
Plaintiff
took
photos
and
videos
of
McGough
naked
and
enga
ged
in
sexual
acts.
(
Id.
¶
214).
Plaintiff
allegedly
began
pre
ssuring
McGough
to
leave
her
husband
so
they
could
get
married.
(
Id.
¶¶
117-18).
Plaintiff
also
threatened
to
disclose
their
relationship
if
McGough
did
not
leave
her
husband,
thereby
harming
her
marriage,
reputation,
and
career.
(
Id.
¶¶
119-21).
-
4
-
McGough
alleges
she
recorded
phone
calls
of
Plaintiff
making
this
threat.
(
Id.
¶
121).
Plaintiff
also
said
he
would
publish
intimate
photos
of
McGough
if
she
did
not
leave
her
husband.
(
Id.
¶
215).
In
January
2023,
Plaintiff
allegedly
threatened
to
file
a
sexual
harassment
lawsuit
against
McGough
unless
she
paid
him
one
mi
llion
dollars
or
left
her
husband.
(
Id.
¶
128).
On
June
22,
2023,
Plaintiff
filed
a
crimina
l
sexual
assault
claim
against
McGough
in
Pennsylvania.
(
Id.
¶
136).
In
addition,
Plaintiff
has
spoken
to
the
media
denying
any
relationship
with
McGough.
(
Id.
¶
140).
He
also
posted
on
Irish
dance
message
boards
alleging
that
McGough
had
sexually
harassed
him.
(
Id.
¶¶
142-43).
C.
Procedural
History
Plaintiff
commenced
this
action
on
June
15,
2023,
asserting
claims
for
aiding
and
abetting,
assault
and
battery,
negligent
inflicti
on
of
emotional
distress,
discrimination,
and
retaliation.
(Docket
No.
1).
On
September
21,
2023,
Defendants
filed
a
first
amended
answer
with
counterclaims
against
Plaintiff
alleging
intentional
infliction
of
emotional
distress,
negligent
infliction
of
emotional
distress,
defamation,
vio
lation
of
New
York
Civil
Rights
Law
§
52-b,
and
abuse
of
process.
(Docket
No.
13).
Plaintiff
answered
on
November
28,
2023.
3
(Docket
No.
26).
Plaintiff
subsequently
moved
to
dismiss
De
fendants’
counterclaims.
(Docket
No.
58).
On
June
4,
2025,
Judge
Nelson
S.
Román
granted
in
part,
and
denied
in
part
Plaintiff’s
motion
to
dismiss.
(Docket
No.
84).
He
denied
the
motion
as
to
Defendants’
counterclaims
for
intentional
infliction
of
emotional
dist
ress,
defamation,
and
violation
of
New
York
Civil
Rights
Law
§
52-b.
(
Id.
).
He
granted
the
motion
as
to
Defendants’
negligent
infliction
of
emotional
distress
and
abuse
of
process
counterclaims,
and
dismissed
those
counterclaims
without
prejudice,
grant
ing
Defendants
leave
to
amend.
(
Id.
).
On
July
7,
2025,
3
Plaintiff’s
counsel
withdrew
on
March
14,
2024.
(D
ocket
No.
38).
Plaintiff
is
now
proceeding
pro
se
.
-
5
-
Defendants
filed
a
second
amended
answer,
asserting
counterclaims
for
intentional
infliction
of
emotional
distress,
negligent
infliction
of
emot
ional
distress,
defamation,
violation
of
New
York
Civil
Rights
Law
§
52-b,
breach
of
contract
for
the
failure
to
pay
rent,
breach
of
fiduciary
obligations
and
breach
of
contract,
and
breach
of
employment
contractu
al
obligations.
(Docket
No.
86).
The
counterclaims
contained
additional
f
actual
allegations
in
support
of
the
previously
dismissed
counterclaim
for
negligent
infliction
of
emotional
distress
and
did
not
replead
the
previously
dismissed
counterclaim
for
abuse
of
process.
(
Id.
).
On
October
8,
2025,
Plaintiff
filed
a
pre-mo
tion
letter
requesting
a
protective
order.
(Docket
No.
101).
The
same
day,
Plaintiff
al
so
filed
a
second
motion
to
dismiss
the
counterclaims.
(Docket
No.
103).
J
udge
Román
denied
both
motions.
4
(Docket
No.
106).
On
January
27,
2026,
Plaintiff
filed
the
instan
t
motion
for
a
protective
order.
(Docket
No.
125).
5
Defendants
opposed
the
motion,
(Docket
No.
133),
and
Plaintiff
replied,
(Docket
No.
134).
II.
DISCUSSION
As
Plaintiff
is
pro
se
,
his
submissions
must
be
“liberally
construed.”
Boykin
v.
KeyCorp
,
521
F.3d
202,
214
(2d
Cir.
2008);
see
also
Erickson
v.
Pardus
,
551
U.S.
89,
94
(2007).
Furthermore,
the
Court
must
interpret
Plaintiff’s
submissions
“‘to
raise
the
strongest
arguments
that
they
suggest
.’”
Triestman
v.
Fed.
Bureau
of
Prisons
,
470
F.3d
471,
474
(2d
Cir.
2006)
(emphasis
in
original)
(quoting
Pabon
v.
Wright
,
459
F.3d
241,
248
(2d
Cir.
2006)).
However,
4
Plaintiff
additionally
filed
other
motions
during
the
pendency
of
this
litigation,
including
for
injunctive
relief
and
a
gag
order,
(Docket
Nos.
54,
56),
for
sanctions,
(Docket
No
s.
68,
83),
and
for
leave
to
file
a
supplemental
complaint,
(Docket
No.
80).
Those
motions
were
procedurally
ter
minated
and
are
not
relevant
to
the
present
motion.
5
The
pending
motion
to
dismiss,
(Docket
No.
120),
and
motion
for
sanctions,
(Docket
No.
116),
are
being
handled
by
Judge
Román.
-
6
-
Plaintiff’s
pro
se
status
does
not
exempt
him
from
the
“usual
requirements”
to
succeed
on
the
instant
motion.
Houston
v.
Teamsters
Loc.
210,
27
F.
Supp.
3d
346,
351
(E.D.N.Y.
2014).
A.
Case
Citations
As
a
preliminary
matter,
the
undersigned
has
b
een
unable
to
locate
or
verify
several
of
the
cases
cited
by
Plaintiff
in
support
of
this
motion,
including:
Martinez
v.
Robinson
,
2024
WL
3662639
(S.D.N.Y.
Aug.
5,
2024),
(Docket
No.
125
at
8)
6
;
Sobol
v.
Swiss
Int'l
Air
Lines,
Ltd.
,
2006
WL
3490658
(S.D.N.Y.
Dec.
1,
2006),
(Docket
No.
125
at
10);
In
re
Subpoena
Duces
Tecum
to
AOL,
LLC
,
2011
WL
2193806
(S.D.N.Y.
June
7,
2011),
(Docket
No.
125
at
11);
Williams
v.
Novoa
,
102
F.3d
487
(2d
Cir.
1996),
(Docket
No.
125
at
13);
and
Gamache
v.
Steelman
,
2006
WL
2842368
(S.D.N.Y.
Oct.
4,
2006),
(Docket
No.
125
at
15).
This
raises
concern
that
these
cases
may
be
the
result
of
generative
artificial
intelligence
hallucinations.
7
See
Smith
v.
Smith
,
5:25-CV-1077
(MAD/DJS),
2025
WL
3706691,
at
*2-3
(N.D.N.Y.
Dec.
22,
2025).
8
“Although
in
some
circumstances
courts
will
make
‘some
allowances
for
a
pro
se
Plaintiff's
failure
to
cite
to
proper
legal
authority,’
it
is
‘no
more
acceptable
for
a
pro
se
litigant
to
submit
briefs
with
fake
case
citations
than
it
is
for
a
lawyer
to
do
so.’”
Fecteau
v.
Safety
Nat’l
Cas.
Corp.
,
No.
25-CV-3821
(KMK),
2026
WL
821567,
at
*24
(S.D.N.Y.
Mar.
25,
2026)
(quoting
Dukuray
v.
Experian
Info.
Sols.
,
23
Civ.
9043
(AT)(GS),
2024
WL
3812259,
at
*11-12
(S.D.N.Y.
July
26,
2024)).
6
All
page
number
citations
herein
refe
r
to
the
page
number
assigned
upon
electronic
filing
unless
otherwise
noted.
7
“Generative
artificial
in
telligence
tools
can
fabricate
or
‘hallucinate’
legal
precedent.”
Romero
v.
Goldman
Sachs
Bank
USA
,
1:25-cv-2857-GHW,
2025
WL
1916119,
at
*1
(S.D.N.Y.
June
25,
2025).
8
If
Plaintiff
does
not
have
access
to
cases
cited
herein
that
are
available
onl
y
by
electronic
database,
then
he
may
request
copies
from
Defendants’
counsel.
See
Local
Civ.
R.
7.2
(“Upon
request,
counsel
must
provide
the
pro
se
litigant
with
copies
of
such
unpublished
cases
and
other
au
thorities
as
are
cited
in
a
deci
sion
of
the
court
and
were
not
previously
cited
by
any
party.”).
-
7
-
Therefore,
Plaintiff
is
directed
to
provide
c
opies
of
the
aforementioned
cases
to
the
Court
within
one
week
of
the
entry
of
this
Order.
Further,
Plaintiff
is
advised
that
“filings
with
citations
to
nonexistent
cases
may
result
in
sancti
ons,
such
as
[his]
submissions
being
stricken,
filing
restrictions
or
monetary
penalties
bei
ng
imposed,
or
the
case
being
dismissed.”
Dukuray
,
2024
WL
3812259,
at
*12.
B.
Motion
for
a
Protective
Order
Plaintiff
moves
for
a
protective
order
under
Federal
Rule
of
Civil
Procedure
26(c)(1).
(Docket
No.
125).
Rule
26
governs
“[t]he
scop
e
of
discovery
in
a
federal
civil
action,”
Nat'l
Rifle
Ass’n
of
Am.
v.
Cuomo
,
332
F.R.D.
420,
428
(N.D.N.Y.
2019),
and
sets
forth:
A
party
or
any
person
from
whom
discovery
is
sought
may
move
for
a
protective
order
.
.
.
.
The
motion
must
include
a
certification
that
the
movant
has
in
good
faith
conferred
or
attempted
to
confer
with
other
affected
parties
in
an
effort
to
resolve
the
dispute
without
court
action.
The
court
may,
for
good
cause,
issue
an
order
to
protect
a
party
or
person
from
annoyance,
embarrassment,
oppression,
or
undue
burden
or
expense,
including
one
or
more
of
the
following:
(A)
forbidding
the
disclosure
or
discovery;
(B)
specifying
terms,
including
time
and
place
or
the
allocation
of
expenses,
for
the
disclosure
or
discovery;
(C)
prescribing
a
discovery
method
other
than
the
one
selected
by
the
party
seeking
discovery;
(D)
forbidding
inquiry
into
certain
matters,
or
limiting
the
scope
of
disclosure
or
discovery
to
certain
matters;
(E)
designating
the
persons
who
may
be
present
while
the
discovery
is
conducted;
(F)
requiring
that
a
deposition
be
sealed
and
opened
only
on
court
order;
(G)
requiring
that
a
trade
secret
or
other
confidential
research,
development,
or
commercial
infor
mation
not
be
revealed
or
be
revealed
only
in
a
specified
way;
and
-
8
-
(H)
requiring
that
the
parties
simultaneously
file
specified
documents
or
information
in
sealed
envelopes,
to
be
opened
as
the
court
directs.
(Fed.
R.
Civ.
P.
26(c)(1)).
“[T]he
party
or
pe
rson
seeking
a
protective
order
[must]
demonstrate
good
cause
for
its
issuance.”
In
re
Terrorist
Attacks
on
Sept.
11,
2001
,
454
F.
Supp.
2d
220,
221
(S.D.N.Y.
2006).
“Good
cause
exists
when
the
party
seeking
protection
demonstrates
that
‘disclosure
will
result
in
a
clearl
y
defined,
specific
and
serious
injury.’”
Burks
v.
Stickney
,
Civil
Action
No.
9:16-CV-0759
(FJS/DEP),
2017
WL
1401312,
at
*4
(N.D.N.Y.
Apr.
19,
2017)
(quoting
Schiller
v.
City
of
New
York
,
No.
04
Civ.
7922
(KMK)(JCF),
2007
WL
136149,
at
*5
(S.D.N.Y.
Jan.
19,
2007)).
However,
“broad
allegations
of
harm
are
not
sufficient
to
establish
good
cause.”
Shingara
v.
Skiles
,
420
F.3d
301,
306
(3d
Cir.
2005);
see
also
AMW
Material
Testing,
Inc.
v.
Town
of
Babylon
,
215
F.R.D.
67,
72
(E.D.N.Y.
2003)
(“To
show
good
cause,
particular
and
specific
facts
must
be
establishe
d
rather
than
conclusory
assertions.”).
Moreover,
“[g]ood
cause
must
be
establishe
d
and
not
merely
alleged.”
United
States
v.
Talco
Contractors
,
Inc
.,
153
F.R.D.
501,
513
(W.D.N.Y.
1994).
Plaintiff
argues
that
a
protective
order
is
ne
cessary
“to
halt
a
persistent
and
targeted
harassment
orchestrated
by”
McGough.
(Docket
No.
125
at
1).
Plaintiff
alleges
that
McGough
harassed
him
by
messaging
his
mother
on
Oct
ober
9,
2024,
and
posting
about
him
on
public
forums
between
2023
and
September
28,
2025.
(
Id.
at
5-6).
In
support
of
his
request,
Plaintiff
provided:
(1)
a
screenshot
of
a
message
to
his
mother
from
McGough,
(Docket
No.
125-1);
(2)
Instagram
messages
from
an
account
called
“tattletreble,”
(Docket
No.
125-2);
(3)
the
LinkedIn
profile
of
Erin
O’Brien,
(Docket
No.
125-3);
(4)
Instagram
messages
from
an
account
called
“artsluvnyc,”
(Docket
No.
125-4);
(5)
an
e-mail
from
Plaintiff
on
October
13,
2024,
enclosing
a
copy
of
a
motion
for
injunctive
relief,
(Docket
No.
125-5);
(6)
links
to
a
message
board
about
-
9
-
Irish
dance,
(Docket
No.
125-6);
(7)
a
Sept
ember
28,
2025
e-mail
exchange
between
Plaintiff
and
Defendants’
counsel,
(Docket
No.
125-7);
(8)
Plaintiff’s
declaration,
(Docket
No.
125-8);
and
(9)
a
posting
to
a
message
board
about
Irish
dance,
(Docket
No.
125-9).
Defendants
assert
that
Plaintiff
is
attempting
to
use
this
motion
to
stall
discovery
without
a
sufficient
basis.
(Docket
No.
133
at
6-7).
However,
Plaintiff
asserts
that
it
is
McGough’s
harassment
which
is
delaying
discovery,
not
his
request
for
a
protective
order.
(Docket
No.
134
at
6).
1.
Meet
and
Confer
On
September
28,
2025,
Plaintiff
e-mailed
Defendants’
counsel
to
address
the
alleged
harassment.
(Docket
No.
125-7).
In
the
e-mail,
P
laintiff
asked
Defendants’
counsel
to
“confirm
in
writing
that
[he
has]
advised
[his]
clie
nt
to
stop
[harassing
Plaintiff]
immediately.”
(
Id.
at
2).
Plaintiff
did
not
request
to
schedule
a
time
to
meet
and
confer
with
counsel.
(
Id.
).
Counsel
responded
that
he
would
“raise
it”
with
McG
ough
and
“advise
her
accordingly
as
may
be
appropriate.”
(
Id.
).
Plaintiff
argues
this
response
was
“wholly
inadequate.”
(Docket
No.
125
at
2).
Plaintiff
alleges
that
this
e-mail
exchange
c
onstitutes
a
meet
and
confer,
as
required
under
Federal
Rule
of
Civil
Procedure
26(c)(1)
before
a
party
can
move
for
a
protective
order.
(Docket
No.
125
at
2).
However,
without
prior
court
appro
val,
“an
exchange
of
e-mails
does
not
satisfy
the
meet
and
confer
requirement.”
Norris
v.
Gen.
Elec.
Emps.
Fed.
Credit
Union
,
No.
3:19-cv-
741
(SRU),
2020
WL
6198844,
at
*3
(D.
Conn.
Oct.
22,
2020);
see
also
Adams
v.
Co-op
City
Dep’t
of
Pub.
Safety
,
21-CV-2675
(DEH)(BCM),
2024
WL
402856,
at
*3
(S.D.N.Y.
Feb.
2,
2024)
(providing
explicit
permission
from
the
court
that
“the
parties
may
satisfy
the
meet-and-
confer
requirement
through
courteous
and
timely
[e
-mail]
communications”).
“In
this
judicial
-
10
-
district,
it
has
long
been
known
that
the
meet-and-confer
requirement
‘means
to
meet,
in
person
or
by
telephone.’”
Shim-Larkin
v.
City
of
New
York
,
16-CV-6099
(AJN)(KNF),
2018
WL
3187327,
at
*8
(S.D.N.Y.
June
28,
2018)
(quoting
Mika
v.
Four
Seasons
Hotels
,
No.
98
Civ.
5972
(AGS)(DFE),
1999
WL
47319,
at
*1
(S.D.N.Y.
Feb.
1,
1999)).
Therefore,
Plaintiff
has
not
satisfied
the
th
reshold
requirement
to
move
for
a
protective
order,
so
the
present
motion
can
be
denied
on
this
ground
alone.
See
Multi-State
P’ship
for
Prevention,
LLC
v.
Kennedy
,
24-CV-00013
(JMW),
2024
WL
3758802,
at
*8
(E.D.N.Y.
Aug.
12,
2024).
Furthermore,
the
Court
notes
that
Plainti
ff
does
not
allege
that
there
have
been
any
instances
of
harassment
since
his
September
28,
2025
e-mail
to
Defendants’
counsel.
Thus,
this
dispute
appears
to
have
been
resolved.
2.
Good
Cause
Moreover,
assuming,
arguendo
,
that
there
remains
an
active
dispute
and
the
parties
satisfied
the
meet-and-confer
requirement,
Plaintiff
has
not
demonstrated
that
there
is
good
cause
for
the
entry
of
a
protective
order.
(
See
Docket
No.
106).
“[A]
court
may
issue
a
protective
order
when,
for
good
cause
shown,
the
order
is
required
by
justice
to
protect
the
party
from
annoyance,
embarrassment,
or
oppression.”
Condit
v.
Dunne
,
225
F.R.D.
113,
115
(S.D.N.Y.
2004).
When
courts
find
good
cause
to
enter
a
protective
order,
the
subject
cases
“usually
involve
a
litigant's
concern
that
private
information
obtained
in
discovery
will
become
public.”
Rofail
v.
United
States
,
227
F.R.D.
53,
56
(E.D.N.Y.
2005).
Additionally,
“[
m]aterials
that
contain
‘a
trade
secret
or
other
confidential
research,
development,
or
commercial
information’
are
subject
to
protective
orders.”
Application
of
Akron
Beacon
J.
,
No.
94
Civ.
1402
(CSH),
1995
WL
234710,
at
*10
(S.D.N.Y.
Apr.
20,
1995)
(quoting
Fed.
R.
Civ.
P.
26(c)(7)).
-
11
-
Here,
Plaintiff
has
not
argued
that
a
protecti
ve
order
is
needed
because
of
sensitive
materials
which
should
not
be
ma
de
public.
Rather,
Plaintiff
asserts
that
it
is
“McGough’s
persistent
harassment”
which
justifies
the
ent
ry
of
a
protective
order.
(Docket
No.
125
at
7).
However,
Plaintiff
has
not
explained
the
risk
of
harm
if
the
Court
does
not
enter
a
protective
order
beyond
reiterating
the
allegedly
harassing
acts
he
has
already
endured.
(
Id.
;
Docket
No.
134
at
6).
This
argument
“merely
asserts
genera
lized
and
unsupported
claims
of
harm
that
might
result
from
disclosure.”
Allen
v.
City
of
New
York
,
420
F.
Supp.
2d
295,
302
(S.D.N.Y.
2006)).
Therefore,
Plaintiff
has
not
established
a
“‘clea
rly
defined
and
serious
injury’
that
would
result
from
disclosure.”
Id.
(quoting
Cohen
v.
Metro.
Life
Ins.
Co.
,
No.
00Civ.6112
(LTS)(FM),
2003
WL
1563349,
at
*1
(S.D.N.Y.
Mar.
26,
2003)).
Thus,
Plaintiff’s
motion
for
a
protective
order
is
denied.
3.
Relief
Requested
Moreover,
Plaintiff’s
requested
relief
does
not
appear
to
fall
within
the
scope
of
Federal
Rule
of
Civil
Procedure
26(c)(1).
Plaintiff
doe
s
not
identify
specific
discovery
requests
for
which
he
seeks
a
protective
order.
9
Rather,
Plaintiff
requests
that
the
protective
order
include:
(1)
a
“discovery
stay
for
90
days
from
December
2,
2025,
renewable
upon
a
showing
of
continued
good
cause”;
(2)
a
“[p]rohibition
on
inquiries
into
harassed
areas
without
Court
approval”;
(3)
a
“[c]onfidential
designation
of
se
nsitive
materials”;
(4)
“[a]n
injunction
barring
McGough
from
all
direct
or
indirect
contacts,
including
with
Plaintiff’s
mother,
via
any
means,
for
the
pendency
of
this
action”;
and
(5)
“[
c]lawback
provisions
and
order
termination
upon
9
The
Court
notes
that
the
pa
rties’
submissions
largely
focus
on
discre
diting
one
another’s
representation
of
material
facts.
(Docket
Nos.
125,
133-34).
However,
this
“motio
n
is
not
the
proper
forum
for
deciding
the
merits”
of
the
claims
or
counterclaims.
Arkwright
Mut.
Ins.
Co.
v.
Nat'l
Union
Fire
Ins.
Co.
,
No.
90
Civ.
7811
(KC),
1993
WL
437767,
at
*3
(S.D.N.Y.
Oct.
26,
1993).
Therefore,
those
arguments
are
not
relevant
to
the
Court’s
analysis
of
the
present
motion.
-
12
-
resolution.”
(Docket
No.
125
at
15).
In
his
Repl
y,
Plaintiff
asserts
that
there
are
“specific
vulnerabilities
in
the
discovery
requests,
including
interrogatories
in
paragraphs
109-145
that
probe
personal
relationship
and
depositions
in
pa
ragraphs
168-170
that
risk
exploitation
amid
ongoing
harassment.”
(Docket
No.
134
at
6-7).
Howe
ver,
neither
party
prov
ided
the
language
of
those
paragraphs
in
their
submissions.
Further,
Plaintiff
does
not
set
for
th
any
“clearly
defined,
specific
and
serious
injury”
if
the
Court
does
not
enter
a
protective
order.
Shingara
,
420
F.3d
at
306.
In
Wiwa
v.
Royal
Dutch
Petroleum
Co.
,
the
court
denied
a
similar
request
where
the
“protective
order
sought
[was]
not
directed
at
any
specific
discovery
request
or
even
to
a
specific
subject
matter.”
No.
96
CIV
8386
(KMW)(HBP),
2006
WL
2724024,
at
*2
(S.D.N.Y.
Sept.
22,
2006).
Rather,
the
protective
order
sought
a
prohibition
against
“continued
harassment.”
Id.
The
court
determined
that
request
wa
s
“entirely
redundant
of
the
protections
already
afforded
by
the
Federal
Rules”
and
“so
vague
as
to
be
meaningless.”
Id.
“Protective
orders
are
ordinarily
directed
to
specific
discovery
requests
or
spec
ific
subject
matters,”
and
the
case
law
does
not
support
a
protective
order
against
“harassment.”
Id.
Therefore,
the
court
determined
“such
a
protective
order
would
serve
no
purpose
whatsoever,”
and
denied
the
application.
Id.
The
same
is
true
here.
Plaintiff
has
not
demonstrated
that
there
is
a
specific
issue
for
the
requested
protective
order
to
address.
Plaintiff’s
“broad
allegations
of
harm
are
not
sufficient
to
establish
good
cause.”
Shingara
,
420
F.3d
at
306;
see
also
Bridge
C.A.T.
Scan
Assocs.
v.
Technicare
Corp.
,
710
F.2d
940,
944-45
(2d
Cir.
1983)
(“Rule
26
.
.
.
is
not
a
blanket
authorization
for
the
court
to
prohibit
disclosure
of
information
whenever
it
deems
it
advisable
to
do
so,
but
is
rather
a
grant
of
power
to
impose
conditions
on
discovery
in
order
to
prevent
injury,
-
13
-
harassment,
or
abuse
of
the
court’s
processes.”).
Accordingly,
Plaintiff’s
motion
for
a
protective
order
under
Federal
Rule
of
Civil
Procedure
26(c)(1)
is
denied.
C.
Sanctions
Plaintiff’s
motion
for
a
protective
order
al
so
requests
sanctions
under
Federal
Rule
of
Civil
Procedure
37(a)(5).
(Docket
No.
125
at
15).
Federal
Rule
of
Civil
Procedure
37(a)(5)
“‘applies
to
[an]
award
of
expenses’
made
in
connection
with
an
application
for
a
protective
order.”
FD
Special
Opportunities
V,
LLC
v.
Silver
Arch
Cap.
Partners
,
21-CV-0797
(JLR)(OTW),
2022
WL
17730098,
at
*1
(S.D.N.Y.
Dec.
15,
2022)
(alteration
in
original)
(quoting
Fed.
R.
Civ.
P.
26(c)(3)).
After
the
court
rules
on
a
motion
for
a
protective
order,
it
is
within
the
court’s
discretion
to
require
“the
losing
party
.
.
.
to
pay
the
expenses
incurred
in
relation
to
the
motion.”
Kamps
v.
Fried,
Frank,
Harris,
Shriver
&
Jacobson
L.L.P.
,
No.
09
Civ.
10392
(RMB)(KNF),
2010
WL
5158183,
at
*3
(S.D.N.Y.
Dec.
9,
2010)
(internal
quotation
omitted).
Here,
the
Court
is
denying
Plaintiff’s
motion
for
a
protective
order.
Therefore,
Plaintiff
is
not
entitled
to
recover
expe
nses
under
Federal
Rule
of
Civil
Procedure
37(a)(5),
and
Plaintiff’s
request
for
sanctions
related
to
the
instant
motion
is
denied.
D.
Civility
Despite
the
personal
and
inherently
adversarial
nature
of
this
dispute,
the
parties
are
reminded
that
ad
hominem
attacks,
harassment,
and
attacks
on
each
other’s
character
have
no
place
before
the
Court.
See
Dealer
Comput.
Servs.,
Inc.
v.
Curry
,
No.
12
Civ.
3457(JMF)(JLC),
2013
WL
499520,
at
*1
n.1
(S.D.N.Y.
Feb.
7,
2013)
(“The
Court
cautions
counsel
for
both
sides
not
to
make
ad
hominem
attacks,
either
directly
or
indire
ctly.”).
“Neither
innuendo
nor
criticism
of
adversary
counsel
has
any
place
in
submissions
to
the
Court.”
Id.
This
prohibition
applies
to
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