Runa v. JP Morgan Chase Bank, N.A.

Background

The parties, through counsel, jointly requested a protective order under Federal Rule of Civil Procedure 26(c). They represented that discovery would involve confidential documents or information whose public disclosure could harm the producing person or a third party owed a duty of confidentiality. The court found good cause for an appropriately limited order governing the pretrial phase of the case.

The order does not protect every discovery response or disclosure automatically. It applies only to information eligible for confidential treatment under applicable legal principles. It also does not establish that confidential information may be filed under seal, decide whether evidence will be admissible at trial, waive objections to discovery, or waive any privilege or other protection.

Main Requirements

A person receiving discovery material marked "Confidential" generally may not disclose it except as the order permits. Confidential designations may cover limited portions of material whose disclosure would harm business, commercial, financial, or personal interests, or whose disclosure is restricted by law. Listed examples include previously undisclosed financial information; information about ownership or control of a nonpublic company; business, product-development, or marketing plans; and personal or intimate information.

Confidential material may be disclosed to specified recipients, including the parties and their insurers, counsel and their litigation personnel, litigation vendors, mediators or arbitrators, certain witnesses, experts and advisers, deposition stenographers, and the court. Several categories of recipients must first receive the order and sign a nondisclosure agreement. The material may be used only for prosecuting or defending this case and related appeals, not for business, competitive, or other litigation purposes.

The order establishes procedures for designating deposition testimony and exhibits, correcting an earlier failure to designate material, objecting to a confidentiality designation, and requesting extraordinary limits such as attorney-only access. It also requires notice when discovery may include information subject to a third party’s confidentiality obligations. A person receiving a subpoena or other compulsory request must generally notify the producing person before disclosure, subject to the time available.

Court Filings, Privilege, and Enforcement

A party seeking to file confidential discovery material under seal must file a letter-motion explaining the basis for sealing. The order states that there is no presumption that designated material will be sealed and that the court retains discretion over confidential treatment. Publicly filed versions of confidential submissions must be redacted, while unredacted versions must be filed under seal with proposed redactions highlighted.

If privileged or attorney-work-product material is accidentally disclosed, the disclosure does not by itself waive the protection. The receiving party generally must return or destroy the material within five business days after a claim of inadvertent disclosure and provide counsel’s certification. The disclosing party must then provide a privilege log, and the receiving party may ask the court to order production. The disclosing party retains the burden of proving that the material is privileged or otherwise protected.

The order remains binding after the litigation ends. Within 30 days after final disposition, recipients generally must return or destroy confidential discovery material and certify that they retained no copies or other reproductions. Counsel specifically retained for the case may keep archival copies of specified case materials, but those copies remain subject to the order. The court retains jurisdiction as necessary to enforce the order or impose contempt sanctions for willful violations.

Disposition

The court issued the agreed protective order. The order governs the handling of confidential discovery and related information; it does not resolve the merits of the parties’ underlying claims or defenses.