Jin v. Choi

Background

Yutong Jin sued Solomon Choi in the U.S. District Court for the Southern District of New York. The order states that documents and information had been or might be requested from the third party The Trustees of Columbia University in the City of New York. Columbia believed some of that material was confidential or contained sensitive personal information, including information about current or former Columbia students. The parties and Columbia agreed that a protective order should govern Columbia’s production, and the court reviewed the proposed terms.

What the Order Requires

The protective order applies to documents, information, and other material produced or disclosed by Columbia in the case. “Confidential Information” includes private personal information, education records protected by the Family Educational Rights and Privacy Act, including records relating to Columbia’s Gender-Based Misconduct Office, and health records protected by the Health Insurance Portability and Accountability Act.

Columbia must designate covered materials as “CONFIDENTIAL.” The order limits disclosure to specified people, including the parties’ lawyers and their staff, consultants and experts assisting with the case, the court and its staff, court reporters, witnesses when reasonably necessary for testimony, mediators or arbitrators, and people who authored or previously received the information outside this discovery process. The plaintiff and defendant, as well as certain other recipients, must be informed of the order and sign a certification before receiving designated material.

People who learn confidential information only through participating in the case may use it only for the case or an appeal and may not disclose it to people outside the permitted categories. Covered material filed with the court, and papers revealing such material, must be filed in redacted form or under seal. Sensitive identifying information about current and former Columbia students, other than the parties’ names, must be pseudonymized or redacted. At Columbia’s written request after the case and related appeals conclude, designated materials generally must be returned or destroyed within 60 days, although certain attorney work product and court papers may be retained subject to continuing confidentiality requirements.

Student Records and Subpoenas

The order permits Columbia to respond to subpoenas for education records under the cited Family Educational Rights and Privacy Act provisions. Except for the parties, Columbia must make reasonable efforts to notify current or former students whose records are requested. A notified student or party has 10 business days after receiving notice to tell Columbia whether the person intends to seek an order preventing disclosure. If a student seeks court protection, Columbia need not produce the records until the court rules on that application. The order also states that Columbia may disclose the subpoenaing party’s own student records without giving that party notice.

If a person or entity holding confidential information receives a subpoena or other demand for the information, it must promptly notify Columbia’s counsel and provide a copy. The information generally may not be produced unless a court with authority directs production, unless Columbia consents or does not timely contest the disclosure as described in the order.

Ruling

The court entered the protective order on February 24, 2021. The provided text does not identify the judge by name. The order was consented to by counsel for Solomon Choi and Columbia and by Yutong Jin, who is identified as representing herself. The order governs the parties and the other people covered by its terms during the case and any related appeal.