Adams v. New York County District Attorney's Office

What the Order Does

This is a stipulated protective order governing confidential information exchanged during discovery. Discovery is the pretrial process in which parties obtain information and documents relevant to their case. The parties, through counsel, agreed to the order and requested protection under Federal Rule of Civil Procedure 26(c).

The court found good cause to issue a tailored confidentiality order because discovery would involve confidential documents or information whose public disclosure could harm the person producing it or a third party owed a duty of confidentiality.

Confidentiality Designations and Use

A person or entity producing discovery may designate only material whose disclosure is restricted by law or whose disclosure, in the producer’s good-faith judgment, would harm protected interests. The order identifies possible protected interests including proprietary, governmental, and privacy interests involving parties, third parties, employees, customers, clients, vendors, agents, stakeholders, and the public.

The order does not impose additional confidentiality obligations on information that is public, was already possessed by the recipient in the form produced, was properly known through another source, or was obtained from a person who rightfully possessed it on a nonconfidential basis.

Recipients generally may disclose confidential discovery material only to specified people, including the parties and their insurers; counsel and litigation-support personnel; certain vendors; mediators or arbitrators; people identified on a document; potential witnesses; experts and specialized consultants; deposition stenographers; and the court and its personnel. Witnesses, experts, mediators, and arbitrators must first sign a nondisclosure agreement. Confidential material may be used only to prosecute or defend this action and related appeals, not for business, commercial, competitive, or unrelated litigation purposes.

Designations and Disputes

The order establishes procedures for marking confidential documents and deposition testimony. A party may challenge a designation by giving written notice explaining the grounds for the objection. The parties must first try in good faith to resolve the dispute, and unresolved disputes may be presented to the court under its individual rules. A party seeking extraordinary limits on disclosure, such as an attorneys’-eyes-only restriction, must follow a similar process.

The order also allows a producer to designate material as confidential after it was initially produced without a designation, if the producer later determines that confidentiality was warranted. The order does not waive discovery objections or privileges and does not decide whether any document, testimony, or other evidence will be admissible at trial.

Court Filings, Personal Information, and Privilege

The order does not automatically permit confidential discovery material to be filed under seal. A party seeking to file material under seal must submit a letter-motion explaining the basis for sealing, and the court retains discretion over whether to provide confidential treatment. Public redacted filings and sealed unredacted versions are required when appropriate.

Personally identifying information, such as Social Security numbers, financial account numbers, passwords, and information that could be used for identity theft, must be stored securely. A recipient experiencing a data breach must immediately notify the producer and cooperate in addressing the breach.

If a party discloses material subject to attorney-client privilege, attorney work-product protection, or another applicable protection, the disclosure does not waive that protection under the order. After a privilege claim, the receiving party generally must return or destroy the material within five business days and provide a certification. The receiving party may ask the court to compel production, while the disclosing party retains the burden of establishing that the material is privileged or protected.

Duration and Enforcement

The order continues after the case ends. Within 30 days after final disposition, confidential discovery material and copies must be returned or destroyed, unless the producing person permits destruction instead, and the recipient must certify that it has not retained copies or other reproductions. Attorneys specifically retained for the case may keep archival copies of specified case materials, which remain subject to the order.

The order states that a willful violation could result in contempt of court and that the court retains jurisdiction to enforce the order and impose contempt sanctions.

Ruling

Judge Denise L. Cote issued the parties’ stipulated protective order after finding good cause. The opinion is an ancillary discovery ruling; it does not resolve the underlying claims or defenses.