Aspen American Insurance Company v. Dual Commercial LLC

Nature of the Order

The parties jointly stipulated to, and the court ordered, a confidentiality and protective order under Rules 26 and 29 of the Federal Rules of Civil Procedure. A protective order sets rules for handling sensitive information exchanged in a lawsuit. This order applies to documents, testimony, and other information produced, presented, or filed during discovery, hearings, trial, and other proceedings.

Confidential Material and Permitted Use

The order covers information designated “CONFIDENTIAL,” including trade secrets, nonpublic research and development, commercial or financial information, and other proprietary information that could harm a producing party or nonparty if publicly revealed. Recipients may use the material only to prosecute or defend this action and any appeals. They may not use it for business, commercial, competitive, or unrelated litigation purposes. A party may still use its own documents or information without the order restricting that use.

The order permits disclosure, when necessary for the case, to the parties and their employees, counsel and counsel’s employees, certain insurers and related professionals, the court and court personnel, retained experts, outside service providers, mediators, and other people approved in writing by the producing party. People who receive the material generally must be told about the order and the possible contempt consequences of violating it.

Filing, Trial, and Designation Procedures

Court filings that include confidential material must be labeled as subject to the protective order and filed under seal in accordance with the court’s rules and orders. Parties must publicly file a redacted copy when filing confidential material with the court and must follow procedures for requesting permission to seal documents. Disclosure at trial or another court proceeding must occur privately unless the court orders otherwise.

Documents are designated by placing “CONFIDENTIAL” on each page before production. Deposition transcripts are initially treated as confidential for 15 business days after delivery, during which time a party may designate specific pages and lines. Confidentiality designations may be challenged, but the parties must first confer in good faith to try to resolve the dispute. The party asserting the designation has the burden of proving that it is proper.

Subpoenas, Enforcement, and Duration

A party may produce confidential material in response to a lawful subpoena or other compulsory process, or when required by law or a government agency, but must provide written notice to the producing party as soon as reasonably practicable and, if time permits, at least 10 days before disclosure. The producing party bears the burden of deciding whether to oppose the requested disclosure.

The confidentiality obligations continue during and after the litigation, including appeals. The court retains jurisdiction over people subject to the order as needed to enforce its terms or impose sanctions for contempt. The court may also modify the order on its own initiative or on a party’s motion.

Disposition

Judge Valerie Caproni ordered the stipulated protective order. The text addresses confidentiality and discovery procedures; it does not rule on the merits of the underlying dispute.