Wildbird LLC v. Wildride B.V.

Nature of the Order

The parties submitted a proposed stipulated protective order, which Judge Denise L. Cote ordered on August 6, 2025. The opinion does not address the underlying claims or defenses. Instead, it governs the handling of information exchanged in discovery.

Confidential Information

A party or nonparty producing a document may designate it as confidential if it contends that the document contains confidential or proprietary information. The designation may be made by marking each page “confidential” or “attorneys’ eyes only.” Deposition testimony may be designated on the record or within 14 days after receipt of a rough transcript. The order also permits a party or nonparty to request that a deposition involving confidential information occur only in the presence of people entitled to receive that information.

Who May Receive the Information

Confidential documents may be used only in this action. They may be disclosed to the court and its staff, attorneys and their assigned support staff, certain people identified on the document, court reporters and videographers, qualifying witnesses, professional litigation-support vendors, mediators and arbitrators, parties and certain employees assisting with the case, and experts or other specialized advisers who have signed the required nondisclosure agreement. Attorneys’-eyes-only material is subject to additional limits, including restrictions on disclosure to competitive decision-makers and certain current or anticipated officers, directors, or employees of a party or its competitors.

Before receiving confidential information, covered witnesses and experts must receive a copy of the order and sign the required nondisclosure agreement. Counsel must retain the signed agreements and produce them to opposing counsel either before the person testifies or when the case ends, whichever occurs first. The order requires reasonable efforts to retrieve information disclosed to an unauthorized person.

Designations and Court Use

The order provides a seven-day period after discovering an error to correct an omitted confidentiality designation. A party may challenge a designation before trial by serving written notice that specifically states the objection’s grounds. Until the court resolves the dispute, the material must continue receiving the protection assigned by the producing party. The order does not itself authorize filing documents under seal; filing must comply with Rule 8 of the court’s Individual Practices in Civil Cases. A party intending to present another party’s or a nonparty’s confidential document at a hearing or trial must give prompt notice so the affected party or nonparty may seek relief.

End of the Case and Enforcement

Within 60 days after the action, including any appeals, ends, each party must return or destroy all confidential documents and notify the producing party or nonparty that it has done so. Attorneys may retain a copy of a confidential document submitted to the court. The obligations continue after the case ends. The court retains jurisdiction over people subject to the order as necessary to enforce its obligations or impose contempt sanctions.

The accompanying nondisclosure agreement requires a person who receives protected material to acknowledge reading the order, use the material only for this litigation, return discovery information at the end of the litigation, and submit to the court’s jurisdiction for disputes arising under the order. The agreement states that a willful violation may result in contempt punishment. Judge Denise L. Cote ordered the protective order; the opinion does not report any ruling on the merits of the underlying dispute.