Holahan v. Home Depot U.S.A., Inc.

Nature of the Order

The parties jointly agreed to a confidentiality stipulation and protective order, and Judge Cathy Seibel ordered it. The order governs discovery materials and testimony that contain sensitive information in this litigation.

Confidentiality Designations

A party's counsel may designate documents or information as confidential when counsel determines in good faith that protection is necessary for proprietary, competitive, trade-secret, or other sensitive nonpublic information. Copies, summaries, notes, and other materials derived from designated information are also covered.

Materials initially produced without a confidentiality designation may later be designated by written notice. Depositions or portions of depositions may also be designated, including within 28 days after receipt of the transcript.

A designation is not final. The producing party may agree in writing to remove or reduce it. If the parties cannot resolve a dispute after good-faith discussions, the receiving party may ask the court to change or eliminate the designation. The party that made the designation bears the burden of showing that protection is proper.

Access and Use

Unless the order or the court provides otherwise, confidential information may be disclosed to specified categories of people, including outside counsel and their litigation staff, parties who sign the required agreement, court reporters who sign it, and independent experts or consultants who sign it. The producing party may also show the information to its employees.

People who receive confidential information generally may not copy it, take notes, summarize it, or distribute it except as the order allows. The information may be used only for this litigation. Special restrictions apply when confidential information is discussed at depositions, and a party may ask the court for guidance about disputed access.

Court Proceedings and Sealing

Confidential information may be offered at a hearing or trial subject to the evidence rules and advance notice requirements. A party may ask the court to receive the material privately or under other conditions that prevent unnecessary disclosure.

The order does not itself permit filing documents under seal. A party must obtain a further court order addressing the specific material or portions to be sealed. A sealing application must include supporting affidavits and a legal memorandum addressing the applicable standards, including the standards identified in Lugosch v. Pyramid Co. of Onondaga. The order also sets advance-notice procedures when one party seeks to use another party's confidential information. Redactions expressly allowed by Federal Rule of Civil Procedure 5.2 may be made without another application.

End of the Litigation

Within 30 days after final termination of the litigation by judgment, appeal, settlement, or otherwise—or sooner if the court orders it—counsel must return materials containing the other party's confidential information, subject to possible modification for record-retention rules.

Disposition

Judge Seibel entered the stipulated protective order. The order does not decide whether any information is actually confidential, does not prevent objections about admissibility, materiality, trial preparation, or privilege, and does not resolve the underlying claims.