Pamblanco-Tapia v. Target Corporation

Background

The parties, through counsel, jointly requested a protective order under Federal Rule of Civil Procedure 26(c). They sought protection for nonpublic and competitively sensitive information that might be disclosed during discovery. The court found good cause for issuing a tailored confidentiality order governing the pretrial phase of the case.

Order

The court approved and entered the stipulated confidentiality agreement and protective order. The order permits a producing party to designate portions of discovery materials as confidential when the party reasonably and in good faith believes they contain categories such as previously undisclosed financial information, information about ownership or control of a nonpublic company, business or marketing plans, product-development information, or personal or intimate information about an individual.

People covered by the order generally may disclose confidential discovery material only to specified recipients. Those recipients include the parties and certain insurers, counsel and their litigation support staff, outside vendors, mediators or arbitrators who sign a nondisclosure agreement, document authors and recipients, potential witnesses who sign a nondisclosure agreement, experts or other specialized advisers who sign a nondisclosure agreement, deposition stenographers, and the court.

The order establishes procedures for marking confidential materials, designating deposition testimony, correcting an omitted confidentiality designation, objecting to a designation, and requesting additional disclosure limits. Confidential material may be used only for prosecuting or defending this action and related appeals. The order also addresses disclosure required by subpoena or other compulsory process, precautions against unauthorized disclosure, and the return or destruction of confidential material within 60 days after final disposition, including appeals, subject to the order's archival-copy provision for litigation counsel.

Court's Ruling and Effect

Judge Gregory H. Woods ordered the parties and other persons covered by the order to comply with its terms and stated that violations may result in contempt. The court retained jurisdiction to enforce the order and impose sanctions for contempt. The order does not find that any particular discovery material is actually confidential, does not waive objections or privileges, and does not decide whether any evidence is admissible at trial. It is a discovery-related procedural order and does not resolve the case's underlying claims.