Chevalier v. Staffpro, Inc.

Background

The defendants identified in the filing were Staffpro, Inc., Sharp Management Corp., Brook-Sharp Realty LLC, and Sharp Pros LLC. Their counsel asked the court to help implement a proposed confidentiality stipulation for documents and information exchanged in connection with a mediation scheduled for December 3, 2020.

The defendants stated that the parties had agreed to mediate before formal discovery began. They sought to restrict the use of any informal exchange of documents and information to the mediation, so the parties could evaluate their claims and defenses and estimate potential damages. The defendants said that, if mediation failed, they would reserve the right to ask for a protective order governing exchanges during the litigation.

Parties’ Positions

According to the defendants’ counsel, plaintiff’s counsel rejected the proposed confidentiality stipulation and said counsel would not sign a confidentiality or protective order unless the standard required by the U.S. Court of Appeals for the Second Circuit was met. Plaintiff’s counsel also stated that counsel would follow the confidentiality obligations attached to the mediation. The defendants cited Southern District of New York decisions recognizing confidentiality agreements for information exchanged before or during mediation.

Ruling

After a conference, Judge Ronnie Abrams denied the defendants’ motion. The court directed the Clerk of Court to terminate the motion pending at Docket 16. The opinion text does not state the court’s reasoning beyond that disposition.