Kyle v. Gyro

Nature of the Order

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

Confidential Information

A producing party may designate only material that it reasonably and in good faith believes includes specified categories of information, such as previously undisclosed financial information, information about ownership or control of a nonpublic company, business plans, product-development information, current or prospective client information, marketing plans, or personal or intimate information. The court may also give confidential status to other categories later.

The order provides procedures for marking confidential material and producing redacted copies for public use. Deposition testimony may be designated during the deposition or within 30 days afterward; during that 30-day period, the entire deposition transcript must be treated as confidential. A producing party may also correct a prior failure to designate material by giving written notice and providing replacement copies within two business days.

Disclosure and Use Limits

Confidential discovery material may be disclosed only to specified recipients, including the parties, their insurers and insurance counsel, counsel and litigation-support personnel, outside vendors, mediators or arbitrators, certain people identified on documents, potential witnesses, experts and specialized advisers, deposition stenographers, and the court and its personnel. Witnesses, experts, mediators, and arbitrators must first receive the order and sign the required nondisclosure agreement.

Recipients may use confidential material only to prosecute or defend this action and any appeals, not for another purpose or proceeding. People with access must take reasonable precautions against unauthorized or accidental disclosure. The order does not restrict a party's use of its own documents or information.

Privileges, Court Filings, and Challenges

Accidental disclosure of material protected by attorney-client privilege, the work-product doctrine, joint-defense privilege, or another applicable protection does not itself waive that protection. The producing party may request return of the material, and a receiving party that sees material that appears privileged must promptly notify the producing party.

Parties filing confidential material with the court must publicly file a redacted version and submit an unredacted version under seal. A party seeking sealing must file an application and supporting declaration explaining specifically why sealing is justified. The order warns that confidential treatment is not guaranteed for material introduced at trial and that the court may unseal material if the required findings are not made.

A party may object to a confidentiality designation or request additional disclosure limits, such as an attorneys'-eyes-only restriction, by giving written notice stating the grounds. Unresolved disputes are to be presented to the court under its individual practices.

End of the Case and Enforcement

Within 60 days after final disposition, including appeals, recipients generally must return or destroy confidential material and certify that they have not retained copies or other reproductions. Litigation counsel may retain specified archival materials, which remain subject to the order. The order continues after the litigation ends, and the court retains jurisdiction to enforce it and impose contempt sanctions.

Disposition

Judge Gregory H. Woods entered the stipulated protective order. The order governs discovery confidentiality and does not decide the merits of Angela Kyle's claims or make a final determination that any particular discovery material is confidential.