Cattouse v. MediaCo Holding Inc.

Nature of the order

The court entered a stipulated protective order under Federal Rule of Civil Procedure 26(c). The parties, through counsel, requested protection for certain nonpublic and confidential material to be exchanged during discovery. The court found good cause for an appropriately limited confidentiality order governing the pretrial phase of the case.

Information that may be designated confidential

The producing person may designate information as confidential only when its public disclosure is restricted by law or would harm the business, commercial, financial, or personal interests of the producing person or a third party owed a duty of confidentiality. Listed categories include previously undisclosed financial information; sensitive personnel information; confidential business, trade-secret, customer, pricing, harassment, discrimination, and retaliation-related information; previously undisclosed information about ownership or control of a nonpublic company; business, product-development, and marketing plans; personal or intimate information; and other categories later given confidential status by the court.

Limits on disclosure and use

A person who receives designated confidential discovery material may not disclose it except as the order permits. Authorized recipients include the parties and their insurers, counsel and litigation-support personnel, outside vendors, mediators or arbitrators, document authors and recipients, potential witnesses, experts, deposition stenographers, and the court. Certain recipients must first receive the order and sign a nondisclosure agreement. The material may be used only to prosecute or defend this action and any appeals, not for business, commercial, competitive, or unrelated litigation purposes.

Challenges, subpoenas, and court filings

A party may object to a confidentiality designation or request additional limits, such as attorneys'-eyes-only treatment, before trial. If the parties cannot resolve the issue, they must bring it to the court under the court's individual rules. The order also addresses discovery subject to a third party's confidentiality obligations and permits production in response to lawful compulsory process, subject to notice to the producing person when possible.

The order expressly states that confidential treatment does not automatically permit filing material under seal. A party seeking to seal documents must file a letter-motion explaining the basis for sealing, and the court retains discretion over whether to keep material confidential when it is submitted in connection with a motion or proceeding. The parties must publicly file redacted versions of confidential court submissions and file unredacted versions under seal.

Privilege, personally identifying information, and termination

The order provides that an inadvertent disclosure of attorney-client privileged or attorney work-product-protected material does not waive the protection. Upon a claim of inadvertent disclosure, the receiving party generally must return or destroy the material within five business days and provide counsel's certification. The producing party must then provide a privilege log, and the receiving party may ask the court to compel production.

Recipients must securely maintain personally identifying information. After the final disposition of the action, confidential discovery material generally must be returned or destroyed within 30 days, subject to the order's provisions for archival copies retained by attorneys. The protective order survives termination of the litigation, and the court retains jurisdiction to enforce it and impose contempt sanctions for willful violations.

Disposition

Judge Rearden entered the protective order governing the parties and other persons subject to it. This was a discovery and confidentiality ruling, not a decision on the underlying claims.