Ryder v. Union Pacific Railroad
Ryder v. Union Pacific Railroad
Opinion of the Court
RULING ON PLAINTIFFS’ MOTION TO COMPEL PRODUCTION OF THE LOCOMOTIVE VIDEO WITHOUT A CONFIDENTIALITY AGREEMENT OR PROTECTIVE ORDER AND UNION PACIFIC’S MOTION FOR PROTECTIVE ORDER REGARDING LOCOMOTIVE VIDEOS
Before the court is Plaintiffs’ Motion to Compel Production of the Locomotive Video without a Confidentiality Agreement or Pro
I. Background
This suit arises out of a February 16, 2015 collision between Plaintiffs’ vehicle and Union Pacific’s train (the “Collision”).
Plaintiffs object to entry of the Confidentiality Agreement and have filed the instant Motion to Compel to require Union Pacific’s production of the video without entry of a Confidentiality Agreement or Protective Order.
On April 18, 2016, counsel for the parties participated in an in-court conference.
On April 27, 2016, via letters filed into the record, the parties informed the Court that they had been unable to reach an agreement.
II. Analysis
A. Legal Standards
“Unless otherwise limited by court order, the scope of discovery is as follows: Parties may obtain discovery regarding any nonprivi-leged matter that is relevant to any party’s claim or defense and proportional to the needs of the case, considering the importance of the issues at stake in the action, the amount in controversy, the parties’ relative access to relevant information, the parties’ resources, the importance of the discovery in resolving the issues, and whether the burden or expense of the proposed discovery outweighs its likely benefit. Information within this scope of discovery need not be admissible in evidence to be discoverable.” Fed. R. Civ. P. 26(b)(1).
Rule 34 of the Federal Rules of Civil Procedure provides for the discovery of documents and tangible items. If a party fails to respond fully to discovery requests made pursuant to Rule 34 in the time allowed by the Federal Rules of Civil Procedure, the party seeking discovery may move to compel disclosure. Fed. R. Civ. P. 37(a)(1) & 37(a)(3)(B)(iv).
“The court may, for good cause, issue an order to protect a party or person from annoyance, embarrassment, oppression, or undue burden or expense.” Fed. R. Civ. P. 26(c)(1). Rule 26(c)’s “good cause” requirement indicates that the party seeking a protective order has the burden “to show the necessity of its issuance, which contemplates a particular and specific demonstration of fact as distinguished from stereotyped and eonclusory statements.” In re Terra Intern., Inc., 134 F.3d 302, 306 (5th Cir. 1998).
B. Production of the Locomotive Video
“A party may generally do what it wants with material obtained through the
Plaintiffs object to the proposed Confidentiality Agreement, arguing that there is nothing confidential about the video or accompanying data and that Union Pacific cannot meet its burden of establishing good cause for entry of a protective order.
In response to Plaintiffs’ Motion to Compel, and in support of its own Motion for Protective Order, Union Pacific explains that while it will “gladly produce [the video] for use in this litigation subject to an agreement that it will only be used herein, will not be broadcast over the internet or any other media outlet, and will be returned at the completion of the case,”
Plaintiffs do not dispute that they wish to disseminate the video beyond the boundaries of this particular litigation; rather, they maintain that they should have the ability to confer with other attorneys in similar cases and to potentially use the information obtained in this case in future cases.
Despite Union Pacific’s concerns, it has not provided any “particular and specific demonstration of fact as distinguished from stereotyped and conclusory statements” to support its concern that the video will be used inappropriately or voyeuristically. See, In re Terra Intern., Inc., 134 F.3d 302, 306 (5th Cir. 1998) (entry of a sequestration protective order without “particular and specific demonstration of fact” such as affidavits or other evidence showing that fact witness would be inclined to protect each other through a sense of “camaraderie” constituted a clear abuse of discretion.). Further, Plaintiffs’ description of the video (which Union Pacific does not dispute) states that the video shows the moments leading up to the collision and provides data regarding “speed, horn, bell, and emergency braking” but does not show the collision itself and “there is no horrific scene or gore or carnage.”
To the extent Union Pacific is concerned about Plaintiffs use of the video in future litigation, the Court again notes that the presumption in the Fifth Circuit is that “[a] party may generally do what it wants with material obtained through the discovery process” absent a showing of “good cause.” Harris v. Amoco Production Co., 768 F.2d 669, 683-84 (5th Cir. 1985). The Court does not find that Plaintiffs admitted desire to “use the information learned in this specific case in future cases,” without more, is sufficient good cause for entry of a protective order prohibiting dissemination outside of this particular litigation or requiring return of the video upon conclusion of this litigation. Compare, Sanchez v. Property and Cas., 2010 WL 107606 at *2 (S.D.Tex. Jan 7, 2010) (denying insurer’s motion for protective order to prohibit plaintiffs counsel from using information obtained through discovery in other cases where insurer had not “articulated, or demonstrated factually, that any specific harm will flow from allowing [Plaintiffs]
Union Pacific bears the burden of establishing good cause for entry of a protective order. The video in question does not show “graphic” details, nor has Union Pacific asserted some other particularized reason for straying from the general rule of the Fifth Circuit as set forth in Harris. Under such circumstances, the court finds that Union Pacific has not carried its burden of showing good cause exists for entry of a protective order.
III. Conclusion
For the reasons stated herein, Plaintiffs’ Motion to Compel
. R. Docs. 42 & 46. On February 19, 2016, Plaintiffs filed a Motion to Compel. R. Doc. 42. Thereafter, Plaintiffs filed the same Motion to Compel in order to comply with local rules. R. Doc. 46. A review of Plaintiffs’ second Motion to Compel shows that, other than modifying the signature block to comply with local rules, it is identical to the original Motion to Compel.
. R. Doc. 51.
. R. Doc. 46.
. R. Doc. 51.
. R. Doc. 42.
. See, R. Doc. 1, ¶¶ 23-31 and R. Doc. 48 (Status Report).
. R. Doc. 50, p. 2 and R. Doc. 51, ¶ 2.
. R. Doc. 50, p. 2.
. See, Exhibit A attached to Plaintiffs’ Motion to Compel. R. Doc. 46-2.
. The proposed agreement includes a duel caption referencing this suit and Nicholas Courteaux v. Union Pacific Railroad Company, et al., No. 15-cv-530-SDD-EWD, United States District Court, Middle District of Louisiana. Defendants’ Motions to Dismiss were granted in the Courteaux suit on March 16, 2016 and Judgment was entered that same day dismissing Plaintiff’s claims with prejudice. R. Doc. 32 & 33.
. R. Doc. 46-2.
. Id.
. R. Doc. 46.
. R. Doc. 50.
. R. Doc. 51.
. R. Doc. 58.
. R. Doc. 58, p. 2.
. R. Doc. 59 & 60.
. See, R. Doc. 60 (“[A] potential compromise production agreement with Plaintiffs came to an impasse on multiple grounds, the most prevalent being Plaintiffs’ refusal to agree to refrain from making unauthorized copies and to return the videos at the conclusion of this litigation."). The Court notes that in conjunction with their letter, Plaintiffs submitted a proposed protective order which they assert "is a reasonable compromise and reflects the parties concerns raised with the Court in their respective memorandums [sic] and at the April 18, 2016 hearing.” R. Doc. 59. In response to Plaintiffs' proposed order, Union Pacific again asserts that "good cause exists for the entry of a Protective Order consistent with the Agreement that [Union Pacific] proposed from the outset.” R. Doc. 60. The Court considers Plaintiffs’ proposed "compromise" protective order to be Plaintiffs’ alternative position, and their Motion to Compel production without entry of any confidentiality agreement or protective order to be their primary position. Because the Court grants Plaintiff’s Motion to Compel and denies Union Pacific’s Motion for Protective Order, it is unnecessary to consider Plaintiffs’ alternative position.
.Such motion "must include a certification that the movant has in good faith conferred or attempted to confer with the person or party failing to make disclosure or discovery in an effort to obtain it without court action.” Fed. R. Civ. P. 37(a)(1). Plaintiffs’ Motion to Compel contains the required Rule 37 Certificate.
. R. Doc. 46-1, pp. 3 & 6-8.
. R. Doc. 46-1, p. 4.
. R. Doc. 46-1, p. 8.
. R. Doc. 46-1, p. 10.
. R. Doc. 46-1, p. 11.
. R. Doc. 50, pp. 2-3. In its Motion for Protective Order, Union Pacific specifically requests that a Protective Order should be entered that declares: (1) the video shall be used only in connection with this lawsuit and shall not be broadcast to the public via the internet or any other media outlet; (2) the video shall be viewed/utilized only by the parties herein, their respective attorneys, and experts retained in this lawsuit; (3) the video shall not be reproduced; and (4) the video shall be returned to Union Pacific’s attorneys within 15 days of completion of this lawsuit. R. Doc. 51, p. 2.
. R. Doc. 50, p. 3.
. R. Doc. 50-2.
. R. Doc. 50-2, p. 2.
. R. Doc. 50, p. 3.
. In their Memorandum in Support of its Motion to Compel, Plaintiffs spend significant time arguing that there is a "presumption” in favor of public access to judicial documents "such as the locomotive video.” R. Doc. 46-1, p. 4. However, following the 2000 amendments to Fed. R. Civ. P. 5(d), courts are not to permit filing of discovery materials until they are "used in the proceeding or the court orders filing.” "This change has
.R. Doc. 50, p. 3.
. Union Pacific does not provide any additional support for its assertion that its "property rights should be given deference" other than stating that "[t]he simple fact that a lawsuit was filed does not create a basis for otherwise non-public data to be broadcast publically." R. Doc. 50, p. 3. In its letter, Union Pacific cites to a number of cases in support of its position that use of discovery should be limited to the instant case. As discussed herein, the law of the Fifth Circuit is that absent a showing of good cause, a party generally may do what it wants with material obtained through the discovery process. Harris v. Amoco Production Co., 768 F.2d 669, 683-84 (5th Cir. 1985).
. R. Doc. 46-1, p. 2. Per Plaintiffs’ description, "[tjhis locomotive video shows the moments leading up to the collision and also critical data, such as speed, horn, bell, and emergency braking. However, the video does not actually depict the collision and there is no horrific scene or gore or carnage.”
.Plaintiffs assert that "production of the video with Plaintiffs purchasing a temporary license, reimbursed by Defendant Railroad would not violate the railroad’s licensing agreement. Nor would it run afoul of Defendant Railroad’s interest in maintaining confidentiality of the Rail View software.” R. Doc. 46-1, p. 8. Union Pacific does not address potential issues related to licensing or maintaining confidentiality of its software in either its opposition to the Motion to Compel or its Motion for Protective Order.
. R. Doc. 46.
. R. Doc. 51.
. R. Doc. 42.
Reference
- Full Case Name
- Michael Todd RYDER v. UNION PACIFIC RAILROAD COMPANY
- Cited By
- 1 case
- Status
- Published