Bennett v. Cuomo
- Vernon Broderick
- 1:22-cv-07846
- U.S. District Court · Southern District of New York
- 10
In Bennett v. Cuomo, Judge Broderick issued a stipulated protective order governing confidential discovery and how covered materials may be used and filed.
The order affects the parties, their officers, agents, employees, attorneys, people acting in concert with them, and anyone with actual notice of the order who receives or handles discovery material designated as confidential.
What happened
Bennett v. Cuomo concerns the parties’ agreement to protect nonpublic and sensitive information that may be exchanged during discovery. The opinion does not decide the underlying claims.
The order allows producing parties to designate limited categories of information as confidential, including previously undisclosed financial information and sensitive personal information. It restricts disclosure, generally limits use to this case and related appeals, establishes procedures for handling inadvertently produced privileged material, and sets requirements for publicly filing redacted versions and seeking permission to file unredacted materials under seal.
Judge Vernon S. Broderick found good cause and issued the stipulated confidentiality agreement and protective order. The order also provides procedures for challenging confidentiality designations, requires return or destruction of covered materials after the litigation, and allows the court to enforce the order and punish contempt.
The detailed version
- Bennett v. Cuomo · No. 1:22-cv-07846
- Vernon Broderick
- Aug. 4, 2023
Background
Charlotte Bennett sued Andrew M. Cuomo, Melissa DeRosa, Jill DesRosiers, and Judith Mogul. The parties, through counsel, jointly requested a protective order under Federal Rule of Civil Procedure 26(c) for nonpublic and sensitive information that could be disclosed during discovery. The court found good cause for an appropriately limited order governing the pretrial phase of the case.
Confidentiality Rules
The order defines “Discovery Material” broadly to include information produced or disclosed during discovery, including information produced by a nonparty in response to a subpoena. A producing party may designate only material it reasonably and in good faith believes includes previously undisclosed financial information, sensitive personal information, or another category later given confidential status by the court.
Covered material generally may be disclosed only to specified people, including the parties and their insurance-related representatives, counsel and litigation support staff, vendors, mediators or arbitrators who sign a nondisclosure agreement, certain people identified on a document, potential witnesses and experts who sign a nondisclosure agreement, deposition transcription staff, and the court. Before disclosure to certain witnesses, experts, mediators, or arbitrators, counsel must provide them with the order.
Recipients may use confidential discovery material only to prosecute or defend this action and related appeals. The order does not waive objections to discovery, privileges, or protections, and it does not decide whether evidence is admissible at trial. It also states that the court has not made a finding that any designated material is actually confidential and may later decide whether confidential treatment is appropriate.
Court Filings and Disputes
A party filing confidential discovery material or a filing that reveals such material must publicly file a redacted version and submit the unredacted version under seal. A party seeking to file material under seal must submit a letter motion providing a particularized justification. The order warns that documents may be unsealed if the required specific findings are not made.
The order establishes procedures for objecting to a confidentiality designation or requesting additional disclosure limits, such as “attorneys’ eyes only” treatment. It also addresses inadvertent production of privileged or protected material: after notice, receiving parties must stop using the material and promptly return, sequester, or destroy it, unless the court resolves a dispute about its disposition.
Disposition and Effect
Judge Vernon S. Broderick issued the stipulated confidentiality agreement and protective order. The order requires covered material to be returned or destroyed after a reasonable period following the end of the litigation, subject to an archival-copy exception for attorneys retained in the action. It remains binding after the litigation ends, and the court retains jurisdiction as needed to enforce its obligations or impose contempt sanctions.
Read the full 10-page opinion on CourtListener, the free public archive maintained by the Free Law Project.