Lowell v. Lyft, Inc.

Filing 324

STIPULATED PROTECTIVE ORDER FOR TREATMENT OF CONFIDENTIAL MATERIALS AT TRIAL...regarding procedures to be followed that shall govern the handling of confidential material...SO ORDERED. (Signed by Judge Philip M. Halpern on 11/28/2022) (jca)

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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK

HARRIET LOWELL and WESTCHESTER
DISABLED ON THE MOVE, INC.,
individually and on behalf of all other
similarly situated,

Case No. 7:17-cv-06251-PMH-AEK
[PROPOSED] STIPULATED PROTECTIVE
ORDER FOR TREATMENT OF
CONFIDENTIAL MATERIALS AT TRIAL

Plaintiff,
v.
LYFT, INC.,
Defendant.

Whereas, Lyft, Inc. (“Lyft”) has previously designated materials identified in Plaintiffs’
Exhibit List attached to the October 3, 2022 Joint Proposed Pretrial Order [Dkt. 312] as highly
confidential pursuant to the Amended Stipulated Protective Order [Dkt. 67];
Whereas, Lyft contends that these materials, including multiple years of internal ride
data, have significant competitive value and disclosure of the information would give an unfair
advantage to Lyft’s competitors, both actual and potential;
Whereas, following the Court’s guidance at the November 7, 2022 hearing, the Plaintiffs
and Lyft (collectively, the “Parties”) have met and conferred regarding procedures to protect
confidential information at trial and stipulate to entry of the following order;
It is hereby ORDERED that the Court adopts the procedures set forth below governing
the use of confidential material at trial:
1.

Confidential Material: As used below, “Confidential” documents or information

means those documents or information containing highly sensitive competitive business
information that the parties believe in good faith are compliant with the precedent of, and would

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survive scrutiny by, the Second Circuit Court of Appeals. The parties recognize that there is a
strong presumption of public access to judicial documents (such as those introduced into
evidence at trial). See Brown v. Maxwell, 929 F.3d 41 (2d Cir. 2019); Lugosch v. Pyramid
Company of Onondaga, 435 F.3d 110 (2d Cir. 2006).
2.

Lodging of Confidential Voluminous Data Reports: The parties will not lodge

with the court copies of voluminous data reports (including, but not limited to, those previously
identified in Plaintiffs’ Exhibit List [Dkt. 312-1] as Exhibits 24-30 and 35-36) which were
designated by Lyft as highly confidential, and instead will transmit slip-sheet placeholders of
such materials. Parties shall have such materials accessible for inspection or presentation at trial
on an as-needed basis.
3.

Confidential Trial Exhibits: For purposes of presentation at trial, the parties will

meet and confer regarding Trial Exhibits identified in the December 7, 2022 revised Joint
Proposed Pretrial Order. A party who contends that certain exhibits should be treated as
confidential at trial shall identify all such exhibits for opposing counsel no later than January 3,
2022. As needed, the Parties will then meet and confer regarding the propriety of the designation
for the purposes of adhering to the procedures set forth below. Any unresolved issues regarding
the confidentiality of trial exhibits will be raised with the Court prior to trial.
4.

Confidential Deposition Designations: For purposes of presentation at trial, the

parties will meet and confer regarding deposition designations identified in the December 7,
2022 revised Proposed Joint Pretrial Order. A party who contends designated testimony should
be treated as confidential at trial shall identify that information for opposing counsel no later than
January 3, 2022. As needed, the Parties will then meet and confer regarding presentation of
designated deposition testimony for the purposes of avoiding disclosure of Confidential

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information at trial. Any unresolved issues regarding the confidentiality of designated material
will be raised with the Court prior to trial.
5.

Confidential Deposition Testimony: The following procedure shall be followed

for deposition transcripts of any witnesses who will testify at trial:
a. At least 72 hours before a witness who previously has been deposed is projected
to testify, the party calling that witness shall inform the opposing party of its
intent to call that witness.
b. At least 48 hours before a witness identified pursuant to paragraph 5a above is
expected to testify, the opposing party shall inform the party calling that witness
of which, if any, portions of the witness’s deposition transcript they believe
contain Confidential information that should not be published in the public record
at trial.
c. The parties will meet and confer to resolve any dispute regarding the propriety of
the designation outside of hours reserved for trial testimony.
6.

Presentation of Confidential Material at Trial: To the extent the parties do

present Confidential information at trial, the following procedure will be used:
a. The Parties have the right to elicit Confidential information at trial. However, to
the extent possible, the parties will structure their witness examinations to
minimize the elicitation of Confidential information during public sessions. For
example, the parties will attempt to minimize references to specific figures in, or
quoting from, Confidential materials. For any testimony reflecting Confidential
information, Parties may move to seal and redact the information from the
transcript and public record pursuant to paragraph 7.

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b. Prior to offering for display an exhibit with Confidential material, Parties will
confer regarding limiting the display of material to the gallery. For an exhibit for
which a Party seeks to limit display, counsel for that Party will seek leave of the
Court to request that the Courtroom Deputy limit the visibility of evidence
displayed on courtroom screens. A Party will only seek this limitation for
narrowly tailored portions of materials for which good cause to seal exists.
7.

Sealing of Confidential Material after Trial: Following trial, a party may file a

motion to seal portions of the trial transcript or trial exhibits containing Confidential information.
8.

Confidential Information Not Used At Trial: This Order governs documents,

information, and deposition testimony that the Parties identify for use at trial. Any documents,
information, and deposition testimony containing Confidential information not used at trial shall
continue to be governed by the Amended Stipulated Protective Order.

Dated: November 21, 2022

Respectfully submitted,

By: /s/ Jiyun Cameron Lee
Jiyun Cameron Lee (Admitted Pro Hac Vice)
Marie Jonas (Admitted Pro Hac Vice)
FOLGER LEVIN LLP
199 Fremont Street, 20th Floor
San Francisco, CA 94105
Telephone: [phone]
Facsimile: 415.625.1091
[e-mail]
[e-mail]
Attorneys for Defendant Lyft, Inc.

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Dated: November 21, 2022

By: /s/ Jeremiah Frei-Pearson
Jeremiah Frei-Pearson
FINKLESTEIN, BLANKINSHIP
FREI-PEARSON & GARBER LLP
1 North Broadway, Suite 900
White Plains, New York 10601
Telephone: [phone]
Facsimile: 914.824.1561
[e-mail]
Attorneys for Plaintiffs Harriet Lowell and
Westchester Disabled on the Move, Inc.

FILER’S ATTESTATION
I attest that concurrence in the filing of the document has been obtained from each of the
other Signatories.
Dated: November 21, 2022

/s/ Jiyun Cameron Lee
Jiyun Cameron Lee

Dated:
SO ORDERED.

PHILIP M. HALPERN
United States District Judge
Dated: White Plains, New York
November 28, 2022

1182857.1

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