IN RE: DEVA CONCEPTS PRODUCTS LIABILITY LITIGATION

Background

The parties, through counsel, jointly requested a protective order under Federal Rule of Civil Procedure 26(c). They sought protection for nonpublic and competitively sensitive information that might be disclosed during discovery. The court found good cause for an appropriately limited order governing the pretrial phase of the litigation.

Terms of the Order

The order covers discovery material designated “Confidential” or “Highly Confidential - Attorneys’ Eyes Only.” Confidential material may include previously undisclosed financial information, ownership or control information about a nonpublic company, business plans, product-development or marketing plans, and personal or intimate information. Highly confidential material must also involve trade secrets, proprietary information, or competitively sensitive business information whose disclosure is highly likely to cause significant harm.

The order limits disclosure of confidential material to specified people, including the parties, insurers, case counsel, litigation-support vendors, certain witnesses, experts, mediators, stenographers, and the court. Highly confidential material generally may be disclosed only to counsel, litigation-support vendors, mediators, experts, stenographers, specified document recipients, and the court. Several recipients must first receive the order and sign a nondisclosure agreement.

The parties may challenge confidentiality designations or request additional disclosure limits. While a challenge is pending, the material keeps its existing designation unless the court rules otherwise. The order also provides procedures for correcting inadvertent failures to designate material and for returning or destroying inadvertently disclosed material.

Confidential material may be used only to prosecute or defend this action and related appeals. The order does not waive objections to discovery, privilege, or evidentiary objections, and it does not itself establish that designated material is legally confidential. Parties seeking to file such material under seal must publicly file a redacted version and submit an application and supporting declaration giving particular reasons for sealing. The court warned that it may not seal material introduced at trial.

Within 60 days after final disposition of the action, including appeals, recipients generally must return or destroy confidential material and certify that they kept no copies. Case counsel may retain specified archival litigation files, which remain subject to the order. The order survives termination of the litigation, and the court retains jurisdiction to enforce it and impose contempt sanctions.

Ruling

The document is a stipulated confidentiality agreement and protective order. Judge Gregory H. Woods ordered the parties and other covered persons to comply with its terms. It does not decide the merits of the products-liability claims.