Lowell v. Lyft, Inc.

Background

Plaintiffs Harriet Lowell and Westchester Disabled on the Move, Inc. sued Lyft, Inc. The order concerns materials that Lyft had designated as highly confidential under an earlier amended stipulated protective order. Lyft asserted that the materials included multiple years of internal ride data with significant competitive value, and that disclosure could give actual or potential competitors an unfair advantage.

After guidance from the court at a November 7, 2022 hearing, the parties met and conferred about protecting confidential information during trial. They submitted a proposed stipulated order. The court recognized that judicial documents, including materials introduced into evidence at trial, are generally presumed to be publicly accessible.

Procedures Adopted

The court adopted procedures governing confidential materials used at trial:

- The parties will not lodge copies of certain voluminous confidential data reports with the court. Instead, they will provide placeholder sheets, while keeping the reports available for inspection or presentation when needed at trial. - The parties will meet and confer about trial exhibits that one party seeks to treat as confidential. Unresolved disputes will be brought to the court before trial. - The parties will follow the same general process for designated deposition testimony. - At least 72 hours before calling a previously deposed witness, the calling party must notify the opposing party. At least 48 hours before the expected testimony, the opposing party must identify deposition portions it believes contain confidential information that should not be made public at trial. The parties must then meet and confer about any dispute outside the time reserved for trial testimony. - The parties may present confidential information at trial, but must try to minimize its disclosure during public sessions. A party may ask to seal or redact confidential information from the transcript and public record. - Before displaying an exhibit containing confidential information, the parties must confer about limiting what is visible to the courtroom gallery. Any request to limit visibility must concern narrowly tailored material for which there is good cause to seal. - After trial, a party may move to seal portions of the trial transcript or exhibits containing confidential information. - Materials containing confidential information that are not used at trial remain governed by the earlier amended stipulated protective order.

Ruling and Effect

The court ordered that these procedures govern the parties' use of confidential materials at trial. The order does not itself decide that any particular material will remain sealed after trial; instead, it permits a party to file a later motion to seal qualifying portions of the transcript or exhibits. Judge Philip Halpern signed the order on November 28, 2022.