Larson v. Harman-Management Corporation et al

Filing 56

ORDER DENYING Without Prejudice Proposed Stipulated Protective Order 55 . Order signed by Magistrate Judge Sheila K. Oberto on 1/24/2017. (Thorp, J)

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1 2 3 UNITED STATES DISTRICT COURT 4 EASTERN DISTRICT OF CALIFORNIA 5 6 7 CORY LARSON, on behalf of himself and all others similarly situated, 9 10 v. (Doc. 55) HARMAN-MANAGEMENT CORPORATION, et al., 11 12 ORDER DENYING WITHOUT PREJUDICE PROPOSED STIPULATED PROTECTIVE ORDER Plaintiff, 8 Case No. 1:16-cv-00219-DAD-SKO Defendants. _____________________________________/ 13 I. INTRODUCTION 14 On January 20, 2017, the parties filed a request seeking Court approval of their Proposed 15 Stipulated Protective Order. (Doc. 55.) The Court has reviewed the Proposed Stipulated 16 Protective Order and has determined that, in its current form, it cannot be granted. For the reasons 17 set forth below, the Court DENIES without prejudice the parties’ request to approve the Proposed 18 Stipulated Protective Order. (Id.) 19 II. DISCUSSION 20 A. The Protective Order Does Not Comply with Local Rule 141.1(c) 21 The Proposed Stipulated Protective Order does not comply with Rule 141.1 of the Local 22 Rules of the United States District Court, Eastern District of California. Pursuant to Rule 23 141.1(c), any proposed protective order submitted by the parties must contain the following 24 provisions: 25 26 27 28 (1) A description of the types of information eligible for protection under the order, with the description provided in general terms sufficient to reveal the nature of the information (e.g., customer list, formula for soda, diary of a troubled child); (2) 2 A showing of particularized need for protection as to each category of information proposed to be covered by the order; and (3) 1 A showing as to why the need for protection should be addressed by a court order, as opposed to a private agreement between or among the parties. 3 4 Local Rule 141.1(c). The Proposed Stipulated Protective Order does not comply with subsections (2) and (3) of 5 6 Local Rule 141.1(c). Specifically, the parties fail to include in the proposed order any “showing 7 of particularized need for protection as to each category of information proposed to be covered by 8 the order,” or any “showing as to why the need for protection should be addressed by a court 9 order, as opposed to a private agreement.” (See Doc. 55, Ex. 1.) Absent the requisite showing 10 pursuant to Local Rule 141.1(c)(2) and (3), the Court cannot enter the Proposed Stipulated 11 Protective Order filed by the parties. 12 B. 13 The Parties’ Proposed Stipulated Protective Order is Denied Without Prejudice The parties may re-file a revised proposed stipulated protective order that complies with 14 Local Rule 141.1(c) and corrects the deficiencies set forth in this order. 15 III. CONCLUSION AND ORDER 16 Based on the foregoing, IT IS HEREBY ORDERED that the parties’ request for approval 17 of the Proposed Stipulated Protective Order, (Doc. 55), is DENIED without prejudice. 18 19 IT IS SO ORDERED. 20 21 Dated: January 24, 2017 /s/ Sheila K. Oberto UNITED STATES MAGISTRATE JUDGE 22 23 24 25 26 27 28 2 .

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