State Farm Fire and Casualty Company v. Amazon.com Incorporated et al
ORDER: IT IS ORDERED that the stipulation for a protective order (Doc. 87 ) is denied, without prejudice [see attached Order for details]. Signed by Senior Judge James A Teilborg on 4/10/18. (MAW)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF ARIZONA
State Farm Fire and Casualty Company,
Amazon.com Incorporated, et al.,
Pending before the Court is a stipulated-to protective order submitted by Plaintiff
and one Defendant. The stipulation offers the following justification: “Good cause exists
for entry of the Protective Order. In order to comply with their respective disclosure
obligations, the parties must disclose information that is protected, private, and/or
confidential. Some of this information relates to Defendant Amazon.com, Inc.’s
confidential and proprietary business information.” (Doc. 87 at 2). The actual proposed
order lists certain categories of documents that will be protected and also states
“‘Confidential Information’ means any information that is private, confidential, or
proprietary, including the following representative but non-exclusive examples: ….”
(Doc. 87-1 at 3).
Global protective orders are not appropriate. See AGA Shareholders, LLC v. CSK
Auto, Inc., 2007 WL 4225450, at *1 (D. Ariz. Nov. 28, 2007). Rule 26(c) requires a party
seeking a protective order to show good cause for issuance of such an order. Fed. R. Civ.
P. 26(c)(1). “For good cause to exist under Rule 26(c), ‘the party seeking protection bears
the burden of showing specific prejudice or harm will result if no protective order is
granted.’” AGA Shareholders, 2007 WL 4225450, at *1 (emphasis added) (quoting
Phillips v. G.M. Corp., 307 F.3d 1206, 1210-11 (9th Cir. 2002)). The party seeking
protection “must make a ‘particularized showing of good cause with respect to [each]
individual document.’” Id. (emphasis added) (quoting San Jose Mercury News, Inc. v.
U.S. Dist. Ct., 187 F.3d 1096, 1102 (9th Cir. 1999)).
Thus, “[t]he burden is on the party to requesting a protective order to demonstrate
that (1) the material in question is a trade secret or other confidential information within
the scope of Rule 26(c), and (2) disclosure would cause an identifiable, significant harm.”
Foltz v. State Farm Mut. Auto. Ins. Co., 331 F.3d 1122, 1131 (9th Cir. 2003) (quoting
Deford v. Schmid Prods. Co., 120 F.R.D. 648, 653 (D. Md. 1987)).
Here, the language of the parties’ proposed protective order is too generalized to
meet the requirements of Rule 26. For example, it defines confidential information as
information that is confidential. It offers no explanation of what information would be
included or why it would need to be protected. Accordingly, the stipulation will be
IT IS ORDERED that the stipulation for a protective order (Doc. 87) is denied,
Dated this 10th day of April, 2018.
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