Neumentum, Inc. v. Ancoris Capital Partners LLC

Nature of the Order

The court entered a stipulated protective order under Federal Rule of Civil Procedure 26(c). The order governs the production, exchange, use, and protection of confidential or proprietary information during discovery. The parties’ attorneys stipulated to the order, and the document ends with “SO ORDERED.”

Confidentiality Designations

A party or appropriate nonparty may designate documents or testimony as confidential by marking documents, making a statement during a deposition, giving written notice, or using another appropriate method. “Confidential Information” includes material containing trade secrets, proprietary business information, competitively sensitive information, or other information whose disclosure the designating party or nonparty believes in good faith could harm its business or the business of its customers or clients.

A receiving party may challenge a confidentiality designation. If the producing party does not agree to remove the designation within seven days after written notice, the receiving party may ask the court to remove it. Until the court rules, the material remains confidential. The producing party bears the burden of showing that the designation is proper.

Limits on Disclosure and Use

Unless the producing party consents in writing or the court orders otherwise, confidential information may be disclosed only to specified people, including relevant personnel, litigation counsel and support staff, qualified experts or consultants, the court and its personnel, deposition officers, and certain witnesses. Experts and consultants must first receive the order and sign a written agreement to follow it. Confidential information may be used only for this litigation.

Depositions are presumptively confidential during the deposition and for 30 days after counsel receives the transcript. Documents or testimony produced by nonparties may also be designated confidential under procedures and deadlines stated in the order. People who receive confidential information must not disclose it to unauthorized people and must use reasonable measures to prevent unauthorized disclosure.

Court Filings and Later Handling

A party intending to file material containing confidential information must notify the other parties seven days before filing. A party seeking redaction or sealing must follow the court’s individual rules and provide a particularized justification. Material may be filed temporarily under seal while a sealing request is pending. If the request is granted in whole or in part, or denied, the parties must file the affected documents as required within three business days.

The order does not determine whether any material is admissible or privileged, and producing confidential information does not waive objections to producing other information. The parties may seek changes to the order or challenge confidentiality designations through a properly noticed motion.

Within 60 days after the litigation ends through settlement or completion of appeals, confidential information and reproductions generally must be returned or destroyed, subject to specified retention of litigation files by counsel. The order remains binding after the litigation ends, subject to its provisions concerning court exhibits, sealed or redacted materials, and later court orders.

Disposition and Effect

Judge Netburn entered the stipulated protective order on February 14, 2022. Because the order addresses discovery management and confidentiality rather than the merits of the underlying dispute, this is a procedural order.