Hamilton v. State Farm Mutual Automobile Insurance

204 F.R.D. 420, 2001 U.S. Dist. LEXIS 20882, 2001 WL 1606797
CourtDistrict Court, S.D. Indiana
DecidedDecember 7, 2001
DocketNo. IP00-1718 C T/K
StatusPublished
Cited by10 cases

This text of 204 F.R.D. 420 (Hamilton v. State Farm Mutual Automobile Insurance) is published on Counsel Stack Legal Research, covering District Court, S.D. Indiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Hamilton v. State Farm Mutual Automobile Insurance, 204 F.R.D. 420, 2001 U.S. Dist. LEXIS 20882, 2001 WL 1606797 (S.D. Ind. 2001).

Opinion

ENTRY ON DEFENDANT’S MOTION FOR A PROTECTIVE ORDER

BAKER, United States Magistrate Judge.

I. Background

On September 24, 1999, Plaintiff Paula Hamilton was involved in a rear-end automobile collision. At the time of the accident, Hamilton was insured with Defendant State Farm Automobile Insurance Company pursuant to a liability insurance contract, which provided coverage for medical payments and lost pay.

Hamilton received treatment for her injuries. She alleges that during the claims resolution process, State Farm unreasonably delayed the review and payment of a portion or arbitrarily denied coverage of her medical and health care bills resulting from the injuries of her accident. As a result, Hamilton alleges that State Farm breached its contract of insurance, acted in bad faith, and intentionally inflicted emotional distress upon her. Hamilton served discovery requests on State Farm seeking information concerning claims handling policies, practices, and procedures.

State Farm has moved for a protective order, seeking to shield documents and information regarding its general claims handling policies, practices, and procedures. Further, State Farm seeks to limit the distribution of the information to individuals directly involved with this litigation, and exclude it from discovery by third parties, namely its competitors. State Farm asserts that good cause exists for entry of a protective order since this information contains confidential and proprietary business information.

Hamilton objects, claiming that State Farm’s proposed protective order gives it unilateral discretion to designate information as confidential, and that any rights to privacy are outweighed by the public’s right to access the information.

State Farm has agreed to produce all discovery documentation and information requested by the plaintiff in exchange for Hamilton not disseminating the information to third parties in anticipation of this Entry.

After reviewing the proposed protective order, the Court finds that it gives State Farm carte blanche to designate document, files, or other information as either confidential or trade secrets, and is not in compliance with the Seventh Circuit directions in Citi[422]*422zens First National Bank v. Cincinnati Insurance Co., 178 F.3d 943 (7th Cir.1999).

For the reasons set forth below, the Court DENIES State Farm’s motion for entry of its proposed protective order. However, the Court finds that good cause exists for the entry of a modified protective order. Therefore, the Court sets forth in this Order parameters for a protective order which shall govern the proceedings in this case.

II. Discussion

Protective Order Under Rule 26(c)(7)

Generally, pretrial discovery must take place in the public unless compelling-reasons exist for denying the public access to the proceedings. See Bryan v. Eichenwald, 191 F.R.D. 650, 652 (D.Kan.2000) (“the public has an interest in everything that occurs in [a] case, whether at trial or during the discovery stage of the litigation.”). See also Hagestad v. Tragesser, 49 F.3d 1430, 1434 (9th Cir.1995) (“strong presumption in favor of access”); Globe Newspaper v. Superior Court, 457 U.S. 596, 602, 102 S.Ct. 2613, 73 L.Ed.2d 248 (1982) (Court recognized First Amendment right of access to court records and proceedings in criminal proceedings); Citizens First National Bank v. Cincinnati Insurance Co., 178 F.3d 943, 944 (7th Cir.1999) (“The parties to a lawsuit are not the only people who have a legitimate interest in the record compiled in a legal proceeding.”); In Matter of Continental Illinois Securities Litigation, 732 F.2d 1302 (7th Cir.1984) (court held that there was no justification for excluding public access to a report relied upon by the trial court in reaching its decision).

There is no per se privilege exempting trade secrets from discovery, but “courts must exercise discretion to avoid unnecessary disclosure of [trade secret] information.” AutoMed Technologies, Inc. v. Eller, 160 F.Supp.2d 915, 926 (N.D.Ill.2001), quoting Triangle Ink and Color Co. v. Sherwin-Williams Co., 61 F.R.D. 634, 636 (N.D.Ill. 1974).

The Federal Rules of Civil Procedure address the issue of protective orders and trade secrets. Rule 26(c) states, in relevant part:

(c) Protective Orders. Upon motion by a party or by the person from whom discovery is sought, accompanied by a certification that the movant has in good faith conferred or attempted to confer with other affected parties in an effort to resolve the dispute without court action, and for good cause shown, the court in which the action is pending or alternatively, on matters relating to a deposition, the court in the district where the deposition is to be take may make any order which justice requires to protect a party or person from annoyance, embarrassment, oppression, or undue burden or expense, including one or more of the following:
(7) that a trade secret or other confidential research, development, or commercial information not be revealed or be revealed only in a designated way.

Therefore, in order to satisfy Rule 26(c)(7), the movant must show that: (1) the interest for which protection is sought is an actual trade secret or other confidential business information protected under the rule; and (2) there is good cause for the entry of a protective order. Andrew Corporation v. Rossi, 180 F.R.D. 338, 340 (N.D.Ill.1998), citing Culinary Foods, Inc. v. Raychem Corp., 151 F.R.D. 297, 300 (N.D.Ill.1993).

The rule facilitates disclosure. “If [parties] suspect that their trade secrets may fall into the wrong hands, parties may be uncooperative with respect to discovery requests. Assuring the safety of these sensitive disclosures often has the effect of encouraging the apprehensive litigants to fully cooperate with the discovery process.” Ros-si, 180 F.R.D. at 340, citing In re Krynicki, 983 F.2d 74, 75 (7th Cir.1992).

The Seventh Circuit addressed the issue of protective orders in cases involving potential trade secrets in Citizens First National Bank, 178 F.3d at 944, noting it would be permissible for parties to keep trade secrets out of the public record provided that the judge: (1) satisfies himself that the parties know what a trade secret is and are acting in [423]*423good faith in deciding which parts of the record are trade secrets; and (2) makes explicit that either party and any interested member of the public can challenge the secreting of particular documents. Id. at 946.

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204 F.R.D. 420, 2001 U.S. Dist. LEXIS 20882, 2001 WL 1606797, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hamilton-v-state-farm-mutual-automobile-insurance-insd-2001.