LB Sports Media Group Incorporated v. Northstar Source Group, LLC

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 court found good cause for an appropriately tailored confidentiality order covering the pretrial phase of the case.

Terms of the Order

The order allows a producing party to designate material as “Confidential” when it reasonably and in good faith believes the material includes specified types of sensitive information, including previously undisclosed financial information, ownership or control information, business plans, product-development or marketing information, personal or intimate information, and other sensitive or proprietary business information protected under Rule 26. It also creates a more restrictive “Highly Confidential—Attorney’s Eyes Only” designation.

Covered persons generally may disclose confidential discovery material only to specified recipients, such as the parties and their insurers, counsel and necessary staff, outside vendors, mediators or arbitrators, certain people identified in documents, witnesses, experts, deposition stenographers, the court, people later authorized by court order, or people whom the parties agree in writing may receive it. Witnesses, experts, mediators, and arbitrators must first receive the order and sign a nondisclosure agreement.

The order states that it does not waive objections to discovery, privilege, or other protections, and it does not decide whether evidence is admissible at trial. It also states that the court has not made a final finding that designated material is confidential and may decide whether to give such material confidential treatment. The order warns that material used at trial is unlikely to remain sealed unless the required findings are made.

The parties must publicly file redacted versions of court submissions containing confidential discovery material and file unredacted versions under seal when appropriate. A party seeking sealing must submit an application and supporting declaration explaining the need for sealing on a particularized basis. Parties may challenge confidentiality designations and may request additional restrictions, with unresolved disputes presented to the court under its individual practices.

Confidential material may be used only to prosecute or defend this case and related appeals. The order addresses disclosure required by subpoenas or other legal process, requires precautions against unauthorized disclosure, and provides that inadvertent production of privileged or work-product-protected material does not waive the protection. After final disposition, including appeals, recipients generally must return or destroy confidential material within 60 days and certify that they have done so, although specifically retained attorneys may keep certain archival case materials subject to the order.

Ruling and Effect

Judge Edgardo Ramos ordered the parties and other persons covered by the order to follow these terms, subject to contempt. The order survives termination of the litigation, and the court retains jurisdiction as needed to enforce its obligations or impose contempt sanctions. The opinion text identifies Judge Edgardo Ramos as the judge who entered the order.