I-Vi v. Yogi

110 F.R.D. 629, 1986 U.S. Dist. LEXIS 24053
CourtDistrict Court, District of Columbia
DecidedJune 18, 1986
DocketCiv. A. Nos. 85-2848 to 85-2854
StatusPublished
Cited by12 cases

This text of 110 F.R.D. 629 (I-Vi v. Yogi) is published on Counsel Stack Legal Research, covering District Court, District of Columbia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
I-Vi v. Yogi, 110 F.R.D. 629, 1986 U.S. Dist. LEXIS 24053 (D.D.C. 1986).

Opinion

MEMORANDUM

GASCH, Senior District Judge.

Seven plaintiffs in this suit allege they were defrauded by defendants Maharishi Mahesh Yogi (“Yogi”), World Plan Executive Council (“WPEC”), a nonprofit corporation that conducts business for the Yogi in the United States, and the Maharishi International University in Fairfield, Iowa (“MIU”), which provides courses of instruction in meditation and self-realization techniques developed by the Yogi. Defendants provide instruction in techniques called “transcendental meditation” (“TM”) and “TM-Sidhis”, a course that purportedly teaches, among other things, self-levitation. Plaintiffs allege they were induced by fraudulent misrepresentation to spend thousands of dollars and many years of their lives on defendants’ programs.

On April 29, 1986, defendants WPEC and MIU asked the Court to enter a blanket protective order under Federal Rule of Civil Procedure 26(c) that would result in the filing of virtually all discovery materials under seal. Defendants’ proposed order would permit any party to designate any item “confidential”; would severely restrict access to such designated items by nonparties and even, in some circumstances by parties; would require those who did have access to such items to sign a pledge of secrecy; and would require five days’ notice and in camera review prior to introduction of any such designated materials at trial. The order would cover written, recorded, or graphic material, interrogatory answers, admissions, deposition transcripts, exhibits, pleadings, motions, and affidavits. Briefs that quote, summarize or contain materials designated confidential would be sealed- as well. The proposed order would prevent an individual plaintiff from seeing any confidential documents concerning defendants that the plaintiff had not seen prior to litigation. The order would also extend confidentiality to documents already in plaintiffs’ possession pri- or to litigation. Only upon challenge from the other side would a party have to show good cause for maintaining the seal.

This far-reaching protection is said to be necessary because several plaintiffs are allegedly members of the International Society of Divine Love (“ISDL”). The spiritual leader of ISDL, Swami Prakshanand Saraswati (“Swami”), is said to be a competitor of the Yogi’s in the meditation business. Because plaintiffs are devoted followers of the Swami, defendants assert, they cannot be trusted not to convey valuable information obtained through discovery to officials of ISDL. Defendants base this conclusion on the affidavit of Francis Milles, who claims to have personal knowledge of several plaintiffs and swears that they have told him of their devotion to the Swami.

Plaintiffs do not agree that there is a need for a broad protective order, and challenge the credibility of Mr. Milles. It was revealed at oral argument on a related matter that the affiant is a member of defendants’ organization, a fact not mentioned in his affidavit. At least one of the plaintiffs, Jane Doe, has by way of responding affidavit challenged Mr. Milles’ assertion of personal knowledge concerning her ties to ISDL. Nonetheless, in the interest of avoiding time-consuming discovery disputes, plaintiffs stated at oral argument that they would consider a narrower protective order, and at the Court’s request, submitted a proposal of their own.

[632]*632At that hearing, the Court indicated a blanket protective order might serve the interests of judicial economy. However, events since that date have proven the Court wrong.1 Furthermore, a review of the Court’s own experience with a similar order in the case of Tavoulareas v. The Washington Post Co., 93 F.R.D. 24 (D.D.C. 1981), and other courts’ experiences with blanket protective orders, reveals that such orders often create more problems than they solve. Blanket orders only postpone, rather than prevent, the need for the Court to closely scrutinize discovery materials to see if the seal is justified. See, e.g., Tavoulareas v. Washington Post Co., 737 F.2d 1170 (D.C.Cir.1984); Zenith Radio Corp. v. Matsushita Electric Industrial Co., 529 F.Supp. 866 (D.Pa.1981). The Court has reconsidered its original inclination to issue such an order, and, with exceptions for three specific categories of information, has determined broad protection is not necessary in this case.

The Federal Rules of Civil Procedure create a statutory presumption in favor of open discovery, extending even to those materials not used at trial. Tavoulareas v. Washington Post Co., 724 F.2d 1010, 1015 & n. 10 (D.C.Cir.1984) vacated on other grounds, 737 F.2d 1170, and cases cited therein; Wilk v. American Medical Association, 635 F.2d 1295, 1299 (7th Cir.1980). Rule 26(b) permits far-ranging discovery; Rule 26(c) tempers that reach by permitting the Court to issue protective orders “for good cause shown ... to protect a party or person from annoyance, embarrassment, oppression, or undue burden or expense.” Rule 26(c)(7) authorizes the Court to order that “a trade secret or other confidential research, development, or commercial information not be disclosed or be disclosed only a designated way.” The need for a protective order is left to the discretion of the trial court in light of the relevant facts and circumstances of a particular case. Nixon v. Warner Communications, 435 U.S. 589, 599, 98 S.Ct. 1306, 1312, 55 L.Ed.2d 570 (1978).

In deciding whether to protect proprietary business information under 26(c), courts in this jurisdiction have looked to the definition of trade secrets provided in the Restatement of Torts, § 757, comment b (1939), viz:

A trade secret may consist of any formula, pattern, device, or compilation of information used in one’s business, and which give him an opportunity to obtain an advantage over competitors, who do not know or use it.

See Peckarsky v. American Broadcasting Co., 603 F.Supp. 688, 697 (D.D.C.1984); Ashland Oil Inc. v. FTC, 409 F.Supp. 297, 303 (D.D.C.), aff'd, 548 F.2d 977 (D.C.Cir. 1976). Defendants argue their TM and TM-Sidhis programs “comprise a unique and valuable body of knowledge relating to the study and development of human consciousness”, Defendants’ Supplemental Memorandum, p. 2, and that documents, video and audio tapes related to these programs have been maintained in strict confidence. Income earned from tuition charged for these courses is the mainstay of defendants’ financial support; thus, these programs constitute trade secrets, according to defendants.

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Bluebook (online)
110 F.R.D. 629, 1986 U.S. Dist. LEXIS 24053, Counsel Stack Legal Research, https://law.counselstack.com/opinion/i-vi-v-yogi-dcd-1986.