Zebra Strategies Inc. v. Gonzalez- Nazario

Background

The court considered an application filed at Docket #82 concerning confidentiality protections and access to materials by in-house and outside counsel.

Ruling on the Application

The court held that the application did not comply with paragraphs 1.E and 2.A of the court’s Individual Practices. It therefore denied the application without prejudice.

Confidentiality Order

The court stated that it would not decide in the abstract which materials should be covered by a protective order or which materials should be available only to outside counsel. Instead, it directed the parties to try to agree on a confidentiality order that would allow confidentiality designations when documents are produced, so the opposing party and, if necessary, the court could identify the specific materials proposed for protection.

The proposed order was to include three levels of protection:

- Confidential: available only to the parties and all attorneys. - Attorneys Only: available to both in-house and outside counsel. - Outside Counsel Only.

The court stated that entering a confidentiality order would not prevent the defendants from later challenging any confidentiality designation made by the plaintiff. If the defendants disagreed with a designation, they could present that disagreement to the court under paragraph 2.A of the Individual Practices.

Deadline and Disposition

The parties were ordered to file on the court’s electronic filing system by December 17, 2024, either an agreed confidentiality order or separate proposals. The court said it was prepared to issue a confidentiality order itself if the parties could not agree. Any request for an extension also had to be filed by December 17, 2024, comply with paragraph 1.E, and include a new proposed date for each affected deadline. If the parties did not all consent, the request also had to comply with paragraph 2.A.