Kim v. Weld Power Generator, Inc.
- Stewart Aaron
- 1:20-cv-10669
- U.S. District Court · Southern District of New York
- 9
In Kim v. Weld Power Generator, Inc., Judge Aaron entered a stipulated protective order governing confidential discovery.
The order applies to the parties, their counsel and representatives, insurers, experts, consultants, witnesses, mediators, arbitrators, discovery vendors, third parties providing discovery, court personnel, and others who receive or have notice of the protected material.
What happened
In Kim v. Weld Power Generator, Inc., the parties asked the court to protect nonpublic and competitively sensitive information that might be exchanged during discovery. The parties agreed to the order’s terms, and the court found good cause to issue it.
The order limits who may receive information marked confidential and requires certain witnesses, mediators, arbitrators, and experts to sign nondisclosure agreements. Confidential information may be used only for this case and related appeals, and parties must follow special procedures for objections, court filings, subpoenas, and the return or destruction of materials after the case ends.
Judge Aaron entered the stipulated confidentiality agreement and protective order on July 2, 2021. The order does not decide the underlying claims, the admissibility of evidence, or any party’s discovery objections.
The detailed version
- Kim v. Weld Power Generator, Inc. · No. 1:20-cv-10669
- Stewart Aaron
- July 2, 2021
Nature of the Order
The parties jointly requested a protective order under Federal Rule of Civil Procedure 26(c). The court found good cause for an appropriately limited order governing confidential information disclosed during the pretrial discovery process.
Confidential Information
The order permits a producing party to mark material “Confidential” when it reasonably and in good faith believes the material contains previously undisclosed financial information, information about ownership or control of a nonpublic company, business or marketing plans, product-development information, personal or intimate information, or another category the court later protects. The producing party must identify the protected portions and, for most discovery materials, provide a redacted copy for possible public use.
Deposition testimony and exhibits may be designated confidential during the deposition or within 30 days afterward. During that 30-day period, the entire deposition transcript must be treated as confidential. A party may also later designate material that it previously produced without a confidentiality designation by notifying prior recipients in writing.
Permitted Disclosures and Use
Confidential discovery material may be disclosed to the parties, insurers, counsel, litigation support personnel, outside vendors, the court, deposition stenographers, certain document-related recipients, and other specified participants. Witnesses, mediators, arbitrators, experts, and persons providing specialized advice must receive the order and sign the required nondisclosure agreement before receiving the material.
Recipients may use confidential material only to prosecute or defend this action and related appeals. They may not use it for business, commercial, competitive, or unrelated litigation purposes. The order requires recipients to take precautions against unauthorized or inadvertent disclosure.
Court Filings and Challenges
The order does not waive objections to discovery, privileges, or protections, and it does not decide whether evidence will be admissible at trial. A party challenging a confidentiality designation must provide written notice stating the grounds for the objection. The parties must bring unresolved disputes to the court under the court’s individual practices.
Documents filed under seal require a public redacted filing and an unredacted sealed filing. The party seeking continued sealing must submit a letter brief and supporting declaration explaining the need for sealing on a particularized basis. The order states that the court may decline to keep material confidential when it is submitted in connection with a motion or introduced at trial.
End of the Case and Enforcement
Within 60 days after the final disposition of the action, including appeals, recipients must return or, with the producing party’s permission, destroy confidential discovery material and certify that they have not retained copies or other reproductions. Counsel may keep archival copies of specified litigation files and work product, but those copies remain subject to the order.
The confidentiality obligations continue after the litigation ends. The court retains jurisdiction to enforce the order and impose contempt sanctions for violations.
Disposition
The court entered the parties’ stipulated confidentiality agreement and protective order. This order is procedural and does not resolve the merits of the dispute.
Judge-Name Note
The provided case metadata identifies Stewart Aaron as the judge. The opinion text also contains a reference to Paul G. Gardephe and a signature block identifying a United States Magistrate Judge, so the judge information in the source is internally inconsistent.
Read the full 9-page opinion on CourtListener, the free public archive maintained by the Free Law Project.