Hildreth Real Estate Advisors LLC v. Galvis

Background

The Southern District of New York held a conference on May 29, 2024, to discuss Plaintiff Hildreth Real Estate Advisors LLC’s proposed confidentiality stipulation and order. Defendant is identified as Felipe Galvis. The opinion does not address the underlying claims in the lawsuit.

Court’s directives

The court ordered the parties to meet and confer in good faith by June 5, 2024, about the court’s Model Confidentiality Stipulation and Proposed Protective Order. They also had to consider whether discovery needed to be extended and, if so, the number of additional days.

By June 7, 2024, the parties had to file a joint status letter stating whether they had reached an agreement about the model confidentiality and protective order. The letter could also include a joint request to extend discovery. If the parties could not agree about the protective order, the plaintiff could file a letter-motion seeking relief. If they could not agree about a discovery extension, the joint letter had to state each party’s position.

The court also directed the plaintiff to serve Galvis with the order by overnight courier within one business day and to file proof of service. The order noted that Galvis could consider the court’s resources for people representing themselves and could receive court orders by email by completing the court’s consent form.

Attached model protective order

The attached model order provides a framework for protecting nonpublic and competitively sensitive discovery information. It permits a producing party to designate specific information as confidential when it reasonably and in good faith believes the information includes previously undisclosed financial information, ownership or control information about a nonpublic company, business or marketing plans, personal or intimate information, or another category later given confidential status by the court.

The model order limits disclosure of designated material to specified recipients, including the parties, counsel, certain vendors, mediators or arbitrators, authors or recipients identified on documents, potential witnesses, experts, court personnel, and others covered by the order. Some recipients must first sign a nondisclosure agreement. Confidential material may be used only to prosecute or defend this action and related appeals, not for business, competitive, or unrelated litigation purposes.

The model order also sets procedures for marking discovery, objecting to confidentiality designations, requesting additional restrictions, filing confidential material with the court, handling inadvertently disclosed privileged material, and returning or destroying confidential material after the litigation ends. It states that the court retains discretion over whether material submitted in connection with a motion or proceeding will receive confidential treatment and that the court is unlikely to seal material introduced at trial.

Disposition and classification

Judge Dale E. Ho entered an order requiring the specified discussions, filing, and service. This was a procedural order concerning discovery and confidentiality; it did not resolve the parties’ underlying legal claims.