Arrabito v. First Unum Life Insurance Company

Nature of the order

The court entered a confidentiality agreement and protective order under Federal Rule of Civil Procedure 26(c). The parties requested protection for nonpublic and competitively sensitive information that might be disclosed during discovery. The court found good cause for an appropriately tailored order governing the pretrial phase of the action.

Confidential information

A producing party may designate as “Confidential” only material it reasonably and in good faith believes includes previously undisclosed financial information, information about ownership or control of a nonpublic company, business or marketing plans, product-development information, personal or intimate information about an individual, or another category the court later gives confidential status.

The order establishes procedures for marking documents, redacting confidential material, and designating deposition testimony and exhibits. A producing party may correct an earlier failure to designate material by giving written notice and providing replacement versions within two business days.

Limits on disclosure and use

People subject to the order may disclose confidential discovery material only to specified recipients, including the parties and certain insurers, litigation counsel and their staff, service providers, mediators or arbitrators, certain people identified on documents, potential witnesses, experts and specialized advisers, deposition stenographers, and the court. Witnesses, experts, mediators, and arbitrators must first receive the order and sign a nondisclosure agreement.

Recipients may use the material only to prosecute or defend this action and related appeals, not for another purpose or litigation. They must take precautions against unauthorized or accidental disclosure. The order also addresses disclosure required by subpoena or other compulsory legal process, objections to confidentiality designations, requests for additional limits such as attorneys’-eyes-only treatment, and the return or destruction of protected material after final disposition of the action, including appeals.

Court filings and enforcement

The order does not itself decide whether any material is truly confidential, waive objections or privileges, or determine whether evidence is admissible. The court retains discretion over confidential treatment and cautions that material introduced at trial may not remain sealed. Parties filing confidential material must publicly file a redacted version and seek permission to file an unredacted version under seal, supported by a particularized justification.

The order binds the parties and other people with notice, continues after the litigation ends, and allows the court to retain jurisdiction as needed to enforce the order or impose contempt sanctions. Judge Jennifer E. Willis entered the order and directed the Clerk of Court to terminate Dkt. No. 26.