Erkan v. Genco Shipping & Trading Limited

Background

The parties jointly requested a protective order under Federal Rule of Civil Procedure 26(c). They sought protection for nonpublic and competitively sensitive information that might be disclosed during discovery. The order identifies the defendant as Genco Ship Management and states that it was incorrectly named in the complaint as “Genco Shipping and Trading Limited.” Judge Woods found good cause for a tailored confidentiality order governing the pretrial phase of the case.

Confidential Information

The order allows a producing party to designate as confidential only material it reasonably and in good faith believes includes previously undisclosed financial information; information about ownership or control of a nonpublic company; business, product-development, or marketing plans; personal or intimate information; or another category later given confidential status by the court. Medical documentation or information exchanged or received from third parties is also treated as confidential under the parties’ agreement.

The order does not decide whether designated material is actually confidential, waive objections or privileges, or determine whether evidence will be admissible at trial. The court retains discretion over whether to give confidential treatment to particular material.

Disclosure and Use

People subject to the order may disclose confidential discovery material only to listed recipients, including the parties and their insurers, counsel, litigation vendors, mediators or arbitrators, certain people identified in documents, potential witnesses, experts, deposition stenographers, and the court. Witnesses, experts, mediators, and arbitrators generally must first receive the order and sign a nondisclosure agreement. Recipients may use the material only for prosecuting or defending this action and related appeals, not for another lawsuit or purpose.

Court Filings and Challenges

A party objecting to a confidentiality designation may provide written notice identifying the grounds for the objection. If the parties cannot resolve the dispute, they must bring it to the court under the court’s procedures. A party seeking additional limits on disclosure must follow a similar process.

When confidential discovery material is filed with the court, the parties must publicly file a redacted version and file the unredacted version under seal with the required application and supporting declaration. The order warns that the court may unseal documents if the required particularized findings are not made and that trial evidence is unlikely to remain sealed merely because it was previously designated confidential.

Duration and Enforcement

Within 60 days after the final disposition of the action, including appeals, recipients must return or destroy confidential discovery material and certify that they have done so, subject to a limited archival-copy exception for counsel specifically retained for the case. The order continues after the litigation ends. The court retains jurisdiction as needed to enforce the order or impose sanctions for contempt.

Disposition

Judge Gregory H. Woods entered the stipulated confidentiality and protective order. The order governs discovery and confidentiality only; it does not resolve the parties’ underlying claims or defenses.