Summary
This document is an order entering a stipulated protective order in Fox v. Experian Information Solutions, Inc. The order governs the designation, disclosure, use, filing, handling, and disposition of confidential and privileged discovery materials, and was entered by the United States District Court for the Eastern District of California on March 3, 2023.
Topics
Practice areas
Questions Presented
- Whether the court should enter the parties' stipulated protective order governing confidential and privileged discovery materials.
- What procedures should govern challenges to confidentiality designations, inadvertent disclosure of privileged materials, use of protected materials in court filings, and disposition of confidential materials after the litigation ends.
Holdings
- The court entered the parties' stipulated protective order because the parties had stipulated to its terms and good cause appeared.
- Materials designated confidential under the order may be used only for preparation and trial of the action and may be disclosed only to specified categories of persons, subject to the order's conditions.
- A party challenging a confidentiality designation must meet and confer; if the dispute remains unresolved, the designating party may move for a protective order, and the designating party bears the burden of showing that the designation satisfies Federal Rule of Civil Procedure 26(c).
- The protective order does not itself authorize filing materials under seal; a party seeking to file protected material under seal must comply with Local Rule 141 and show good cause or compelling reasons, depending on the type of filing.
Key quotations
“This protective order, however, does not authorize the filing of any document under seal.” (at 8)
“The party making a request to file documents under seal shall be required to show either good cause or compelling reasons to seal the documents, depending on the type of filing” (at 8-9)
Factual background
The parties anticipated that discovery would involve Experian's proprietary business information, including internal credit-reporting policies, credit-scoring methodologies, data-analysis processes, and business strategies. Discovery would also involve Fox's confidential credit, income, tax, and background information. The parties stipulated to procedures limiting the use and disclosure of such materials and addressing confidentiality challenges, inadvertent disclosures, sealing requests, and post-litigation handling.
Procedural history
Plaintiff Rick D. Fox sued Experian Information Solutions, Inc. under the Fair Credit Reporting Act. During discovery, the parties stipulated to procedures governing confidential, proprietary, privileged, and work-product materials. The court approved and entered the stipulated protective order on March 3, 2023.