White et al v. Home Depot USA Incorporated
Filing
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ORDER: IT IS ORDERED that the joint motion for protective order (Doc. 20 ) is denied, without prejudice. See attached Order for complete details. Signed by Senior Judge James A Teilborg on 9/19/2016. (KAL)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE DISTRICT OF ARIZONA
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Paul E White, et al.,
Plaintiffs,
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ORDER
v.
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No. CV-16-01185-PHX-JAT
Home Depot USA Incorporated,
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Defendant.
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Pending before the Court is the parties’ joint motion for a protective order. Global
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protective orders are not appropriate. See AGA Shareholders, LLC v. CSK Auto, Inc.,
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2007 WL 4225450, at *1 (D. Ariz. Nov. 28, 2007). Rule 26(c) requires a party seeking a
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protective order to show good cause for issuance of such an order. Fed. R. Civ. P.
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26(c)(1). “For good cause to exist under Rule 26(c), ‘the party seeking protection bears
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the burden of showing specific prejudice or harm will result if no protective order is
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granted.’” AGA Shareholders, 2007 WL 4225450, at *1 (emphasis added) (quoting
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Phillips v. G.M. Corp., 307 F.3d 1206, 1210-11 (9th Cir. 2002)). The party seeking
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protection “must make a ‘particularized showing of good cause with respect to [each]
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individual document.’” Id. (emphasis added) (quoting San Jose Mercury News, Inc. v.
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U.S. Dist. Ct., 187 F.3d 1096, 1102 (9th Cir. 1999)).
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Thus, “[t]he burden is on the party to requesting a protective order to demonstrate
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that (1) the material in question is a trade secret or other confidential information within
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the scope of Rule 26(c), and (2) disclosure would cause an identifiable, significant harm.”
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Foltz v. State Farm Mut. Auto. Ins. Co., 331 F.3d 1122, 1131 (9th Cir. 2003) (quoting
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Deford v. Schmid Prods. Co., 120 F.R.D. 648, 653 (D. Md. 1987)).
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Here, the proposed protective order states that the information will be designated
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confidential, “…if counsel determines, in good faith, that such designation is necessary to
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protect the interests of the client.” Doc. 20-1 at 1. Such a standard is far too broad under
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Federal Rule of Civil Procedure 26(c).
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Accordingly,
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IT IS ORDERED that the joint motion for protective order (Doc. 20) is denied,
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without prejudice.
Dated this 19th day of September, 2016.
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