Ellen Tracy Holdings LLC v. Daytona Apparel Group LLC

Background

Ellen Tracy Holdings LLC, identified as the judgment-creditor, served Centric Socks LLC, a non-party, with a subpoena for documents and information dated August 28, 2023. Ellen Tracy and Centric agreed to procedures for protecting information that Centric believed in good faith deserved confidential treatment. The order states that the court found good cause for issuing a tailored confidentiality order under the New York Civil Practice Law and Rules and Rule 26 of the Federal Rules of Civil Procedure.

Confidentiality Designations

Centric may designate subpoenaed materials as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY.” Confidential Information includes trade secrets, proprietary business information, competitively sensitive information, financial information, and other information whose disclosure could harm the designating party’s business or its customers’ or clients’ businesses. Attorneys’-eyes-only information is confidential material whose disclosure beyond the persons authorized by the order could reasonably be expected to cause irreparable harm or materially impair Centric’s competitive position or interests.

Permitted Use and Disclosure

Ellen Tracy and its counsel may use the protected information only to enforce the judgment against Daytona Apparel Group LLC. Subject to the order’s requirements, confidential information may be disclosed to personnel assisting with enforcement, counsel and their support staff, retained experts or consultants, the court and court personnel, deposition officers, and trial or deposition witnesses. Before disclosure to an expert or consultant, Ellen Tracy’s counsel must obtain that person’s written agreement to follow the order. Attorneys’-eyes-only information may be disclosed only to the narrower group identified in the order, unless Centric consents in writing or the court orders otherwise.

Challenges, Court Filings, and Enforcement

Ellen Tracy may object to a confidentiality designation. If Centric refuses to remove the designation, Ellen Tracy may seek a court conference, and the material remains protected while the challenge is pending under the stated procedures. Any filing under seal requires a further court order addressing the specific material; the order also sets notice and application procedures for sealing requests. Recipients may not disclose protected information to unauthorized people. The order permits Centric to correct an inadvertent failure to mark material as confidential within a reasonable time after discovering the omission.

The order preserves the parties’ rights to challenge designations, seek modification or relief, and assert objections to other discovery. It does not waive legal privileges or establish that produced materials are admissible as evidence.

Retention and Disposition

Within 60 days after the judgment is fully satisfied, Ellen Tracy must return or destroy the protected information and reproductions, at its option, subject to the order’s provisions allowing counsel to retain certain work product, pleadings, discovery responses, deposition transcripts, and exhibits. The confidentiality obligations continue after the action ends and after the judgment is satisfied unless the parties agree otherwise in writing.

Disposition

Judge P. Castel entered the agreed confidentiality stipulation and order. The opinion is a discovery and confidentiality order; it does not resolve the underlying claims or determine the parties’ rights on the merits.