SLP Productions, INC v. Brand Innovators, LLC
- Vargas
- 1:25-cv-00376
- U.S. District Court · Southern District of New York
- 9
SLP Productions v. Brand Innovators: Judge Vargas issued a protective order limiting use and disclosure of confidential discovery materials.
The parties, their representatives, agents, experts, consultants, insurers, counsel, certain witnesses and service providers, third parties providing discovery, court personnel, and other persons with actual or constructive notice of the protective order.
What happened
In SLP Productions, Inc. v. Brand Innovators, LLC, the parties asked the Southern District of New York to set rules for protecting confidential information exchanged during discovery. They agreed to the proposed terms.
The order covers limited categories of nonpublic information, such as financial data, business plans, marketing information, ownership information, and personal information. It restricts disclosure, requires agreements from certain recipients, explains how confidentiality objections and sealed filings must be handled, and protects certain materials that are accidentally disclosed as privileged.
Judge Vargas issued the protective order on July 16, 2025. The order does not decide the underlying dispute, does not provide blanket protection for all discovery, and does not automatically allow confidential material to be filed under seal.
The detailed version
- SLP Productions, INC v. Brand Innovators, LLC · No. 1:25-cv-00376
- Vargas
- July 16, 2025
Background
The parties jointly requested a protective order under Federal Rule of Civil Procedure 26(c) because discovery would involve confidential documents or information. Through counsel, the parties agreed to the order's terms. The court found good cause for a tailored order governing the pretrial phase of the case.
What the Order Covers
The order defines "Discovery Material" as information produced or disclosed during discovery. A producing person may designate material as "Confidential" only when disclosure is restricted by law or would harm business, commercial, financial, or personal interests, including certain previously undisclosed financial information, ownership or control information, business plans, product development information, marketing plans, and personal or intimate information.
People receiving Confidential Discovery Material may disclose it only to listed categories of recipients, including the parties, their insurers and counsel, counsel and litigation-support personnel, mediators or arbitrators, certain witnesses, experts, court personnel, and others identified in the order. Certain recipients must first receive the order and sign a nondisclosure agreement. The material may be used only to prosecute or defend this case and related appeals, not for business, commercial, competitive, or other litigation purposes.
Confidentiality Disputes and Court Filings
A party may object to a confidentiality designation or request additional restrictions, such as attorneys' eyes only treatment, before trial. If the parties cannot resolve the dispute, they must bring it to the court under the judge's individual rules.
The order does not create an entitlement to file material under seal. A party seeking to file confidential material must file a letter-motion explaining the basis for sealing, publicly file a redacted version, and file the unredacted version under seal as required. The court retains discretion over whether to keep material confidential and states that it is unlikely to seal material introduced at trial.
Privilege, Personal Information, and End of Case
The order addresses personally identifying information and requires security precautions and prompt notice of a data breach. If privileged or attorney-work-product material is inadvertently disclosed, the receiving party generally must return or destroy it within five business days and provide a certification. The producing party must then provide a privilege log, while retaining the burden of establishing that the material is protected. The receiving party may ask the court to order production, and the court may review the material privately.
The order remains in effect 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, subject to the order's exception allowing specially retained attorneys to keep archival copies of specified case files and work product. Willful violations may result in contempt sanctions, and the court retains jurisdiction to enforce the order.
Ruling
Judge Jeannette A. Vargas ordered the parties and other persons subject to the order to follow these confidentiality and handling requirements. The protective order is an discovery-related case-management order; it does not resolve the merits of SLP Productions, Inc.'s claims against Brand Innovators, LLC.
Read the full 9-page opinion on CourtListener, the free public archive maintained by the Free Law Project.