Hicks v. Midland Credit Management, Inc.

Summary

This document is a stipulated protective order entered in Hicks v. Midland Credit Management, Inc., a federal Fair Debt Collection Practices Act action in the Eastern District of California. It governs the designation, use, disclosure, challenge, filing, and final disposition of confidential discovery materials, including Defendant’s business information and Plaintiff’s personal financial information.

Holdings

1. The court approved the parties' stipulation and joint request for entry of a protective order because good cause existed to protect Defendant's confidential business information and Plaintiff's personal financial information from improper disclosure and use.
2. Protected material may be used only to prosecute, defend, or attempt to settle the action; disclosure is limited to specified persons and conditions; confidentiality designations must be narrowly tailored; challenges place the burden of persuasion on the designating party; and violations may result in sanctions.

Questions Presented

1. Whether good cause supported entry of the parties' stipulated protective order under Federal Rule of Civil Procedure 26(c).
2. What restrictions and procedures should govern the designation, use, disclosure, challenge, filing, retention, and disposition of confidential discovery material.

Disposition

approved