Carney v. Barbaz

Order

The court issued a confidentiality stipulation and protective order under Federal Rule of Civil Procedure 26(c), finding good cause for an appropriately limited order. The order governs information and documents exchanged by the parties during the pretrial phase of the action.

Confidential information

Counsel may designate information as confidential if counsel determines in good faith that the designation is needed to protect proprietary information, trade secrets, or other sensitive nonpublic information. Confidential information may be used only in connection with this action. A party challenging a designation must first make a good-faith effort to resolve the dispute, and may seek a court ruling if the dispute remains unresolved.

Documents designated confidential generally may be disclosed only to the requesting party and counsel, litigation personnel assisting counsel, consultants or experts assisting with the case, and the court, including a mediator or another person with access through a court position. Before disclosure, counsel must explain the information's confidential status and the order's restrictions, and must obtain the recipient's signed agreement to be bound by the order. The parties were directed to meet and confer if a production requires an "Attorneys' or Experts' Eyes Only" designation.

Additional protections

A failure to mark information confidential when it is first disclosed does not waive the right to later designate it. Personally identifying information, such as Social Security numbers, financial account numbers, passwords, and information that could be used for identity theft, must be stored and shared securely. A receiving party experiencing a data breach must immediately notify the producing party and cooperate in addressing it.

Under Federal Rule of Evidence 502, inadvertent or other production of attorney-client privileged or work-product-protected material does not waive the protection in this case or another federal or state proceeding. Confidential discovery material is not presumed to qualify for filing under seal; the parties must follow the court's sealing procedures. At the end of the litigation, confidential information must generally be returned or destroyed within 30 days after a final judgment is no longer subject to appeal, although counsel may retain protected working files. The order does not prevent disclosure when required by law or a valid subpoena.

Disposition

The parties stipulated and agreed to the terms, and the court ordered the confidentiality and protective measures. The order addresses discovery and pretrial information; the opinion text does not state a decision on the underlying claims. Valerie Figueredo, United States Magistrate Judge, signed the order.