HealthTrio, LLC v. Aetna, Inc. et al, 1-12-cv-03229 (COD December 5, 2014, Order) (Watanabe, M.J.)
Wednesday, December 10, 2014
Over-designation of Documents as Confidential Warrants Discovery Sanctions
The court granted in part plaintiff's motion to sanction defendants for abusing the parties' protective order by designation more than 90% of their production as "outside attorneys' eyes only." "Defendants have produced 226,834 documents totaling 862,280 pages. . . . About 90% of the production has been designated OAEO, and the rest is undesignated. As a result, nearly everything Defendants have produced in discovery is off-limits not only to Plaintiff and Plaintiff’s in-house counsel, but also to the specific corporate officers designated for access to Confidential documents. . . . 90% is an absurd number — made all the more absurd by Defendants’ failure to designate a single document as Confidential but not OAEO. The Court finds that Defendants acted in bad faith by indiscriminately designating nearly their entire production of documents as OAEO."