Abadi v. Citibank, N.A.

Background

Aaron Abadi sued Citibank, N.A. The opinion is a protective order entered during the discovery phase. The parties, with Abadi acting without a lawyer and Citibank represented by counsel, asked the court to protect certain nonpublic and confidential information exchanged in discovery under Federal Rule of Civil Procedure 26(c).

The court found good cause to issue a tailored confidentiality order because disclosure of some discovery materials could harm the producing person or a third party that was owed a duty of confidentiality. The court emphasized that the order does not automatically protect every discovery response or disclosure and does not guarantee that confidential material will be filed under seal.

Order

The court issued the protective order. Material may be designated confidential only when its public disclosure is restricted by law or could harm business, commercial, financial, or personal interests, including previously undisclosed financial information; information about ownership or control of a nonpublic company; business, product-development, or marketing plans; personal or intimate information; and other categories later given confidential status by the court.

People subject to the order may disclose confidential discovery material only to listed categories of recipients, including the parties, certain insurers and counsel, attorneys and their litigation staff, specified vendors, mediators or arbitrators, document authors and addressees, potential witnesses, experts and advisers, deposition transcription staff, and the court. Some recipients must first sign a nondisclosure agreement. The material may be used only for prosecuting or defending this case and any appeals, not for business, commercial, competitive, or other litigation purposes.

The order establishes procedures for challenging confidentiality designations, requesting additional limits such as attorneys’ eyes only treatment, responding to third-party confidentiality obligations, and producing material in response to subpoenas or other compulsory legal process. Parties filing confidential material must publicly file a redacted version and separately file an unredacted version under seal, but the court retains discretion over whether to seal material.

The order also protects against waiver when privileged or attorney-work-product material is accidentally disclosed. The receiving party generally must return or destroy the material within five business days after a claim of inadvertent disclosure, while the disclosing party must provide a privilege log. The order remains effective after the case ends; confidential material generally must be returned or destroyed within 30 days of final disposition, subject to limited archival copies retained by attorneys or a self-represented party. Willful violations may result in contempt sanctions, and the court retains jurisdiction to enforce the order.