Potapova v. Experian Information Solutions Inc.

Background

Iuliia Potapova and Defendants Experian Information Solutions, Inc., Trans Union LLC, and Equifax Information Services, LLC jointly submitted a stipulated protective order. The order addresses documents, testimony, and other information that may be exchanged in discovery and may contain trade secrets, proprietary systems, confidential applicant or employee information, confidential commercial or research information, or credit-related and other confidential information concerning Potapova or third parties.

Terms of the Order

The order applies to materials designated in writing, or orally during a deposition, hearing, or trial, as protected under Federal Rule of Civil Procedure 26(c) or another legal provision. Designated materials must be marked “Confidential.” The order establishes deadlines and procedures for designating deposition testimony and requires the parties to maintain the confidential status of disputed materials while attempting to resolve disagreements and, if necessary, seeking a court ruling.

Confidential materials may be used only to prepare for and try this case. Unless the designating party gives written permission or the court orders otherwise, disclosure is limited to specified participants, including the parties, their attorneys and support staff, qualified persons taking testimony, disclosed experts and their litigation staff, certain current or former employees, qualifying witnesses, and the court. Experts covered by the order generally must sign a declaration acknowledging the restrictions. The order also addresses inadvertent production of materials subject to attorney-client privilege or work-product protection, return or destruction of materials after the case, sanctions for violations, and continuing enforcement of the order.

Court’s Action and Limits

The court ordered the stipulated protective order. Judge Jesse Furman expressly stated that the court had not reviewed the documents and therefore made no finding that they were confidential. Any such determination would occur, if necessary, through document-by-document review under the court’s procedures and the presumption favoring public access to judicial documents. The court also stated that it did not approve any provision purporting to allow the parties to file documents under seal without a prior court order.

Disposition

The opinion is a discovery-related procedural order. It does not decide the parties’ underlying claims or the confidentiality of any particular document.