Levy v. Premier Healthcare, Inc.

Background

The parties jointly requested a protective order under Federal Rule of Civil Procedure 26(c) for the pretrial discovery phase. They sought protection for nonpublic and competitively sensitive information that could be disclosed in the case. The court found good cause for an appropriately limited confidentiality order.

What the Order Covers

A producing party may 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 or marketing plans, product-development information, personal or intimate information, or another category later given confidential status by the court.

The order restricts disclosure of designated material to specified recipients, including the parties, insurers and their counsel, counsel and litigation support personnel, vendors, mediators or arbitrators, certain document recipients, potential witnesses, experts, deposition stenographers, and the court. Witnesses, experts, mediators, and arbitrators must first receive the order and sign a nondisclosure agreement. Confidential material may be used only to prosecute or defend this case and related appeals, not for another purpose or proceeding.

Filing, Challenges, and Enforcement

A party filing confidential material must publicly file a redacted version and file the unredacted version under seal. A party seeking sealing must submit an application and supporting declaration that justify sealing on a particularized basis. The order warns that the court may not seal material introduced at trial and states that the court has made no finding that any designated material is actually confidential.

Parties may object to confidentiality designations or request additional disclosure limits, such as attorneys’-eyes-only treatment, before trial. If the parties cannot resolve a dispute, they must bring it to the court under the applicable individual practices. Recipients must take reasonable precautions against unauthorized or inadvertent disclosure. Within 60 days after final disposition of the case, including appeals, recipients generally must return or destroy the confidential material and certify that they retained no copies, although specially retained attorneys may keep certain archival case files subject to the order.

Ruling

Judge Jessica G. L. Clarke entered the stipulated confidentiality and protective order on September 19, 2023. The order remains binding after the litigation ends, and the court retains jurisdiction to enforce it and impose contempt sanctions for violations. The order is about discovery confidentiality and does not resolve the merits of the underlying dispute.