Ferris v. The Trustees of Columbia University in the City of New York and Hany…

Background

The dispute concerned discovery in Denise Ferris’s employment case against The Trustees of Columbia University in the City of New York and Hany Ayoub. Defense counsel proposed a stipulated protective order based largely on the court’s form. The proposal included definitions and procedures for marking certain discovery as “Confidential” or “Confidential — Attorneys’ Eyes Only” (AEO). An AEO designation generally limits access to the receiving party’s lawyers and prevents the client from viewing the material.

The defendants said the case involved highly sensitive personnel and business records and that the proposed order would allow only a limited category of highly sensitive documents to receive the AEO designation. Their proposal also included a process for challenging designations. The parties met and conferred but did not resolve the disagreement. They agreed to a temporary designation arrangement while awaiting the court’s decision.

Parties’ Positions

The defendants argued that allowing Ferris to see AEO materials would defeat the purpose of an AEO designation. Ferris’s counsel argued that Ferris should be allowed to see all documents in the case, including documents designated AEO. The opinion also states that Ferris’s complaint anonymized several allegations, which the defendants cited in support of their confidentiality position.

Ruling

Judge Arun Subramanian denied the defendants’ motion. The court held that the defendants had not demonstrated a “clearly defined, specific and serious injury” that would result if Ferris could access materials that remained designated as Confidential and that Ferris would be prohibited from disclosing.

The court directed the parties to meet and confer to determine whether they could agree on a protective order. The Clerk of Court was directed to terminate the motion at Docket 41. The order addressed discovery protections and did not decide the underlying employment claims.