Papers Considered: Notice of Motion, Affirmations & Exhibits Annexed 1-5 Affirmation in Opposition & Exhibits Annexed 6-11 Memorandum of Law in Opposition 12 DECISION AND ORDER Upon the foregoing papers and for the following reasons, the Motion by nonparty movant Kings County District Attorney (hereinafter “DA”), for a protective order clawing back certain inadvertently produced materials, is granted in accordance with the following decision. By Claim filed August 24, 2022, Claimant, James Irons (hereinafter “claimant”), commenced the instant action seeking to recover damages against Defendant, State of New York (hereinafter “State”), for wrongful conviction and imprisonment, pursuant to Court of Claims Act §8-b, after spending over 26 years imprisoned in State correctional facilities for the horrific 1995 crime, dubbed the “Money Train”1 murder case, where a subway token booth clerk in Brooklyn, NY, was set on fire and killed allegedly by three adolescents: the claimant, Vincent Ellerbe, and Thomas Malik. They were convicted of robbery and murder in 1996, and were just recently released after a thorough investigation and report by the Brooklyn Conviction Review Unit (hereinafter “CRU”), a bureau of the DA’s office, in July of 2022. The Claim alleges that claimant’s conviction was the result of his false and contradictory confession allegedly coerced and pressured by former New York City Police Department (hereinafter “NYPD”) Detectives Louis Scarcella and Stephen W. Chmil, the arresting officers alleged to have played major roles in the claimant’s criminal conviction and incarceration. Following the CRU investigation, on July 15, 2022, the Kings County Supreme Court granted a joint motion of the DA and claimant, pursuant to Criminal Procedure Law §440.10(1)(g), for the vacatur of the Judgment of Conviction on the grounds of the newly discovered evidence of the detectives’ misconduct. Although the instant Claim was initially assigned to the Hon. Linda Mejias-Glover, who issued a Preliminary Conference and had status conferences with counsel, this Court took over and joined this Claim for discovery purposes with the pending companion Section 8-b cases of Mr. Malik (Claim No. 139031), and Mr. Ellerbe (Claim No. 139032), which were commenced on April 7, 2023. Relevantly, on April 13, 2023, the Court (Mejias-Glover, J.) entered a Protective Order between the parties, which established that any “[i]mproper or unauthorized disclosure of Confidential Materials by any Party shall not be deemed a waiver by any other Party['s]” privileges over said materials and obligated them to “ cooperate to restore confidentiality, privilege or immunity to any disclosed material” that was inadvertent or unintentionally disclosed (NYSCEF Doc. 23, at 1, 3,
