Defosse v. Trans Union, LLC

Background

The parties, through counsel, jointly requested a confidentiality agreement and protective order under Federal Rule of Civil Procedure 26(c). They sought to protect nonpublic and competitively sensitive information that might be disclosed during discovery. The court found good cause for an appropriately limited order governing the pretrial phase of the case.

What the Order Covers

The order defines “Discovery Material” as information produced or disclosed during discovery. A producing party may mark only material that it reasonably and honestly believes includes categories such as previously undisclosed financial information, information about ownership or control of a private company, business or marketing plans, personal or intimate information, or another category later given confidential status by the court.

People subject to the order generally may not disclose marked material except as the order permits. Permitted recipients include the parties and certain insurers, lawyers and their staff, outside service providers, mediators or arbitrators, document authors and recipients, possible witnesses, experts and other people providing specialized advice, deposition transcription services, and the court. Certain witnesses, experts, mediators, and arbitrators must first receive the order and sign a nondisclosure agreement.

The order allows confidential designations for documents and for deposition testimony or exhibits. A producing party may later correct an accidental failure to mark material as confidential by giving written notice and providing replacement versions within two business days. Parties may object to a confidentiality designation or request additional disclosure limits, such as an attorneys’-eyes-only restriction, and must bring unresolved disputes to the court under its individual practices.

Court Filings and Use of Material

A party filing confidential discovery material must publicly file a redacted version and file the unredacted version under seal as required by the court’s rules. A party seeking to seal material must submit an application and supporting declaration explaining specifically why sealing is justified. The order warns that the court may unseal material if it cannot make the required findings that closure is essential and narrowly tailored.

Recipients may use confidential discovery material only to prosecute or defend this case and related appeals, not for another lawsuit or purpose. The order does not prevent disclosure in response to a lawful subpoena or other compulsory process, but it requires notice to the producing party when reasonably possible. People with access must take precautions against unauthorized or accidental disclosure.

Within 60 days after the final resolution of the case, including appeals, recipients generally must return or destroy confidential material and certify that they have not kept copies or other reproductions. Lawyers retained for the case may keep archival copies of specified case files and work product, and the parties may keep copies in their working files. The order continues after the litigation ends, and the court retains jurisdiction to enforce it or impose contempt sanctions.

Ruling and Significance

Judge Gregory H. Woods entered the stipulated protective order on June 21, 2024. The court did not decide that any particular discovery material was confidential, did not rule on objections or privileges, did not decide whether evidence would be admissible at trial, and did not resolve the underlying claims. This was a discovery-related procedural order rather than a ruling on the merits.