Judge O’Connor’s order restates his position declining to allow parties to obtain entry of an order allowing wholesale sealing of documents – but explains how they can get there through other means.
I posted yesterday on a judge’s order denying an unopposed motion for leave to seal a filing, noting the problems commonly encountered with such filings. A reader forwarded me the court’s standing order setting forth the summary judgment-like briefing requirements parties must comply with in order to file any sentence of a document under seal, and I thought it was worth some analysis, both of the order itself and of how to comply with its efficiently.
I don’t usually post on text orders, but this one is very helpful, as it provides a judge’s take on what showing is needed to depart from a court’s form orders.
Judge Lynn granted the motion to compel the printing of the additional 39 pages of source code which was requested shortly after the fact discovery deadline. Both parties had already consented to printing slightly in excess of the 200 page limit.
Judge Pittman denied the parties’ joint motion for entry of a protective order, finding that it failed to identify any reason for its entry. But the order pointed out that the parties were not left without recourse to protect their confidential information, and identified several options.
Desbenoit, CC BY 3.0 https://creativecommons.org/licenses/by/3.0, via Wikimedia Commons
Plaintiff sought “Corrective Actions and Sanctions for Violation of Protective Order and Abuse Of Settlement Process”.
Judge Palermo’s order has more action than a lot of movies. For patent practitioners at least.
The court granted the motion in part, providing relief from information disposal requirements, and finding other proposed changes unnecessary.
This order provides some guidance when the court’s form is perhaps your best option. And how not to argue otherwise.
Generally, protective orders prohibit the use of information outside of the case. The court was asked to modify the order in this case to permit such use.