IN RE: COLUMBIA COLLEGE RANKINGS ACTION

Background

The case is consolidated with Case No. 1:22-cv-06567-PGG. The parties, through counsel, jointly requested a protective order under Federal Rule of Civil Procedure 26(c). That rule allows a court to limit disclosure of information during discovery when protection is justified. The parties sought protection for nonpublic and competitively sensitive information that might be disclosed in the litigation. The court found good cause for an appropriately tailored order governing the pretrial phase.

Terms of the Order

The order defines “Discovery Material” broadly as information produced or disclosed during discovery. A producing party may mark material “Confidential” only when it reasonably and in good faith believes the material includes previously undisclosed financial information, ownership or control information concerning a nonpublic company, business or marketing plans, personal or intimate information, or another category the court later designates as confidential.

Confidential material generally must be clearly marked, and the producing party must provide a redacted copy for future public use. Deposition testimony and exhibits may be designated during the deposition or within 30 days afterward. During that 30-day period, the entire deposition transcript must be treated as confidential.

The order permits disclosure of confidential material to specified recipients, including the parties and their insurers, counsel and litigation-support staff, outside service providers, mediators or arbitrators, certain people identified in documents, possible witnesses, experts, deposition stenographers, and the court. Mediators, witnesses, and experts receiving the material must first sign a nondisclosure agreement in the form attached to the order. Counsel must retain those agreements and produce them to opposing counsel at the specified time.

Recipients may use confidential material only to prosecute or defend this action and any appeals. They may not use it for business, commercial, competitive, or unrelated litigation purposes. The order does not waive objections to discovery, privileges, or arguments about whether evidence is admissible at trial.

Sealing and Challenges

A party filing material under seal must also file a letter brief and supporting declaration explaining on a particularized basis why continued sealing is justified. The order states that the court may unseal documents if the required specific findings are not made. The court retains discretion over whether to treat confidential material as protected when it is submitted in connection with a motion or other proceeding, and warns that material introduced at trial is unlikely to remain sealed.

When filing confidential material with the court, the parties must publicly file a redacted version and file the unredacted version under seal. A party may object to a confidentiality designation before trial by giving written notice stating the specific grounds. The parties must bring unresolved disputes to the court under the judge’s individual practices. A party seeking additional restrictions, such as an attorneys’-eyes-only designation, must follow a similar process.

Disposition

Judge Paul G. Gardephe entered the stipulated confidentiality agreement and protective order on August 12, 2024. The order requires recipients, within 60 days after final disposition of the action, including appeals, to return or destroy confidential material and certify that they have not retained copies or other reproductions. Lawyers specifically retained for the action may keep archival copies of certain case-related materials, which remain subject to the order. The order continues after the litigation ends, and the court retains jurisdiction to enforce it and impose sanctions for contempt.