Girgenti v. Charter Communications, Inc.
- Paul Gardephe
- 1:19-cv-01731-PGG-OTW
- U.S. District Court · Southern District of New York
- 9
In Girgenti v. Charter Communications, Judge Gardephe entered a protective order governing confidential discovery and related filings.
The parties, their representatives, agents, experts, consultants, counsel, certain vendors and witnesses, third parties providing discovery, and other people with actual or constructive notice of the order are bound by its terms when they receive or access confidential discovery material.
What happened
In Girgenti v. Charter Communications, Inc., the parties asked the court to protect nonpublic and competitively sensitive information that might be exchanged during discovery. They agreed to the order's terms through their lawyers.
The order limits disclosure of properly designated confidential material and permits its use only to prosecute or defend this case and any appeals. It also sets procedures for challenging confidentiality designations, filing confidential material with the court, responding to subpoenas, and returning or destroying the material after the case ends.
Judge Paul G. Gardephe found good cause and ordered the parties and other covered people to follow the protective order. The court retained authority to enforce the order and impose contempt sanctions for violations.
The detailed version
- Girgenti v. Charter Communications, Inc. · No. 1:19-cv-01731-PGG-OTW
- Paul Gardephe
- Oct. 9, 2020
Background
The parties jointly requested a protective order under Federal Rule of Civil Procedure 26(c). They sought protection for nonpublic and competitively sensitive information that could be disclosed during discovery. The parties agreed to the proposed terms through counsel, and the court found good cause for issuing a tailored confidentiality order for the pretrial phase of the case.
What the Order Covers
A producing party may designate only portions of discovery material that it reasonably and in good faith believes contain specified confidential information, including previously undisclosed financial information; information about ownership or control of a nonpublic company; business, product-development, or marketing plans; personal or intimate information; or another category the court later protects. The order establishes procedures for marking documents, deposition testimony, and exhibits as confidential. It also permits a producing party to correct an earlier failure to designate material before trial by notifying prior recipients in writing.
People subject to the order may disclose confidential material only to listed recipients, including the parties and certain insurers, case counsel and their support staff, litigation vendors, mediators or arbitrators, people identified on a document as its author or recipient, potential witnesses, experts and specialized advisers, deposition transcriptionists, and the court. Mediators, arbitrators, witnesses, experts, and specialized advisers must first receive the order and sign a nondisclosure agreement. Covered recipients must take precautions against unauthorized or accidental disclosure.
Use, Court Filings, and Challenges
Confidential discovery material may be used only to prosecute or defend this action and related appeals. It may not be used for business, commercial, competitive, or other litigation purposes. The order does not waive objections to discovery, privilege, or protection, and it does not decide whether evidence will be admissible at trial.
A party challenging a confidentiality designation must give written notice stating the grounds for the objection. A party seeking additional disclosure limits must follow a similar procedure. If the parties cannot resolve the issue promptly, the affected counsel must bring the dispute to the court under the court's individual practices.
The order requires public filing of a redacted copy when confidential material is filed with the court, while the unredacted version is filed under seal. A party filing under seal must also submit a letter brief and supporting declaration providing a particularized justification. The order states that the court retains discretion over confidential treatment and is unlikely to seal material introduced as evidence at trial.
Disposition and Continuing Effect
The court ordered all people covered by the order to comply, subject to contempt consequences. Within 60 days after final disposition of the action, including appeals, recipients generally must return or destroy confidential material and certify that they have not retained copies or other reproductions. Case counsel may keep archival copies of specified case materials, but those copies remain subject to the order. The order survives termination of the litigation, and the court retains jurisdiction as necessary to enforce it or impose contempt sanctions.
Judge's Action
Judge Paul G. Gardephe entered the stipulated confidentiality agreement and protective order on October 9, 2020.
Read the full 9-page opinion on CourtListener, the free public archive maintained by the Free Law Project.