Miles v. Boeing Co.

154 F.R.D. 112, 1994 U.S. Dist. LEXIS 2647, 65 Empl. Prac. Dec. (CCH) 43,190, 1994 WL 109766
CourtDistrict Court, E.D. Pennsylvania
DecidedMarch 2, 1994
DocketCiv. A. No. 93-3063
StatusPublished
Cited by26 cases

This text of 154 F.R.D. 112 (Miles v. Boeing Co.) is published on Counsel Stack Legal Research, covering District Court, E.D. Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Miles v. Boeing Co., 154 F.R.D. 112, 1994 U.S. Dist. LEXIS 2647, 65 Empl. Prac. Dec. (CCH) 43,190, 1994 WL 109766 (E.D. Pa. 1994).

Opinion

MEMORANDUM AND ORDER

NAYTHONS, United States Magistrate Judge.

Presently before this Court is the Motion of Defendant, Boeing Company, for a Protective Order and Plaintiffs Memorandum in Opposition to Defendants’ Motion. The plaintiff has brought this civil action under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e, et seq. (“Title VII”) and 42 U.S.C. § 1981, as amended by the Civil Rights Act of 1991, to remedy employment discrimination on the basis of race.

The Complaint alleges that plaintiff, Arthur Miles, who is black, was demoted from [114]*114the position of Hydraulic Component Mechanic A in August, 1991, and that he was not selected for an opening in the same position in September, 1991, because of his race. Boeing contends that Miles was removed from the Hydraulic Component Mechanic A position in August, 1991 because of a labor surplus, and that the selection of a white employee, Gerald Chorney, to fill the position in September 1991 was appropriate under its labor contract.

DISCUSSION

Under Federal Rule of Civil Procedure 26(c)(7), the court may order, upon good cause shown, that “a trade secret or other confidential research, development, or commercial information not be disclosed or be disclosed only in a designated way.” In order to demonstrate good cause under this provision, the party seeking the order must show that the information sought is a trade secret or other confidential information protected by Rule 26(c)(7), and that the harm caused by its disclosure outweighs the need of the party seeking disclosure. Zenith Radio Corp. v. Matsushita Elec. Indus. Co., 529 F.Supp. 866 (E.D.Pa.1981).

In the present case, Boeing argues that the documents sought in Requests Nos. 18 and 19 consist of confidential commercial information and should be disclosed only under the terms of a protective order. See Defendant’s Motion for Protective Order at 2. First, plaintiff has sought Operations and Inspection (“O & IR”) Records from Boeing’s production shop that refurbishes absorbers for military helicopters. See Plaintiffs Request No. 19. Boeing’s O & IR Record is a guide to the what and how specific products are manufactured including an ordered list of the tasks to be performed on each part made by Boeing during the manufacturing process. Affidavit of Al Mansi ¶ 2. Second, plaintiff has sought documents from Boeing’s labor-reporting system that records the number of hours actually worked on each task by an employee. See Plaintiff’s Request No. 18. Boeing’s labor-reporting system requires production and maintenance employees to log-in when they begin a job and log-out when they are no longer working on the job. Mansi Affidavit ¶ 3.

Plaintiff argues that Boeing has failed to allege “good cause” that the disclosure of such information would cause a harm sufficient to warrant a protective order. He argues further that any claims of harm by Boeing are not specific and are overbroad. See Plaintiffs Memorandum at 6. The party seeking a protective order has the burden of showing good cause for the order to issue. Cipollone v. Liggett Group, Inc., 785 F.2d 1108, 1122 (3d Cir.1986); Zenith, 529 F.Supp. at 890. This Court recognizes that to show cause, the moving party must show with specificity the injury which allegedly will result from disclosure without broad allegations. Cipollone, 785 F.2d at 1121.

In the affidavit filed by Boeing, the Director of Labor Relations details the competitive harm which would result from disclosure of manufacturing and task performance documents. The subject matter of confidential business information is broad, including a wide variety of business information. Zenith, 529 F.Supp. at 890. Competitive disadvantage is a type of harm cognizable under Rule 26, and it is clear that a court may issue a protective order restricting disclosure of discovery materials to protect a party from being put at a competitive disadvantage. Id. See also Ball Memorial Hosp., Inc. v. Mutual Hosp. Ins., 784 F.2d 1325, 1345 (7th Cir. 1986) (insurance provider’s data on prices bid by hospitals and the calculations the insurance provider performed to decide which hospitals to include in its health care package was confidential for fear that the hospitals could use the comparative price information to raise their prices or collude in future years).

In the present case, both sets of documents contain confidential business information. The labor-reporting system shows the exact time spent on each task with regard to the manufacturing of helicopters and the repairing of absorbers. The time spent on each task multiplied by the salaries of its employees indicates the labor cost to Boeing. Such information reflects upon Boeing’s price competitiveness in its market. If the information sought was made available to the [115]*115general public, it would directly reflect Boeing’s labor costs allowing competitors to examine Boeing’s production abilities.

However, since plaintiffs requests seek information which would document or disprove a labor surplus, information extremely relevant to plaintiffs cause of action, I will allow discovery of the material, but grant a protective order limiting its use. Boeing records, including shop schedules from January 1, 1991 to December 31, 1993, work orders for absorbers from January 1,1991 to December 31, 1991, including annotations of work performed, and any document pertaining to labor requirements in the Hydraulic Family Group from January 1, 1991 to December 31, 1993, shall be subject to a protective order prohibiting disclosure to anyone but expert witnesses, and requiring their return to defendant after termination of this litigation. See Littlejohn v. BIC Corp., 851 F.2d 673 (3d Cir.1988).

Plaintiff also seeks the entire personnel file of Gerald Chorney. Boeing argues that the personnel file is confidential and should be subject to a protective order. Although employment information regarding a competing candidate in an employment discrimination case is subject to discovery, University of Pennsylvania v. E.E.O.C., 493 U.S. 182, 110 S.Ct. 577, 107 L.Ed.2d 571 (1990), personnel files are confidential and discovery should be limited. Orbovich v. Macalester College, 119 F.R.D. 411, 415 (D.Minn.1988). Plaintiff alleges that its counsel has expunged all “sensitive” information and that no good cause exists for a protective order. See Plaintiff’s Memorandum at 7-8.

In Department of the Air Force v. Rose, 425 U.S. 352, 96 S.Ct. 1592, 48 L.Ed.2d 11 (1976), the United States Supreme Court held that disclosure of personnel files would be permissible under a protective order redacting the names and characteristics of the subjects involved. In the present case, it is clear that disclosure of Boeing’s personnel files would constitute an invasion of privacy.

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154 F.R.D. 112, 1994 U.S. Dist. LEXIS 2647, 65 Empl. Prac. Dec. (CCH) 43,190, 1994 WL 109766, Counsel Stack Legal Research, https://law.counselstack.com/opinion/miles-v-boeing-co-paed-1994.