Smith v. City Of Fresno, et al.

Filing 12

ORDER DENYING WITHOUT PREJUDICE STIUPLATED PROTECTIVE ORDER 11 . Order signed by Magistrate Judge Sheila K. Oberto on 8/18/2017. (Timken, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
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E’TOSHA SMITH,

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Plaintiff,

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ORDER DENYING WITHOUT
PREJUDICE STIPULATED
PROTECTIVE ORDER

v.
CITY OF FRESNO, et al.,

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Case No. 1:17-cv-00478-AWI-SKO

(Doc. 11)

Defendants.
_____________________________________/

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I.

INTRODUCTION

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On August 17, 2017, the parties filed a request seeking Court approval of their stipulated

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Protective Order. (Doc. 11.) The Court has reviewed the proposed stipulated protective order and
has determined that, in its current form, it cannot be granted. For the reasons set forth below, the
Court DENIES without prejudice the parties’ request to approve the stipulated protective order.
II.

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A.

The Protective Order Does Not Comply with Local Rule 141.1(c)
The proposed protective order does not comply with Rule 141.1 of the Local Rules of the

United States District Court, Eastern District of California.

(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)

A showing of particularized need for protection as to each category of
information proposed to be covered by the order; and

(3)

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.

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Pursuant to Rule 141.1(c), any

proposed protective order submitted by the parties must contain the following provisions:

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DISCUSSION

1 Local Rule 141.1(c). The stipulated protective order fails to contain this required information.
Local Rule 141.1(c)(1) requires “[a] description of the types of information eligible for

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3 protection under the order, with the description provided in general terms sufficient to reveal the
4 nature of the information.” The protective order, in its current form, does not identify the types of
5 information eligible for protection in even the broadest of terms. (See Doc. 11 at 2 (describing
6 materials to be protected only as “documents for which the designating party would be entitled to
7 have protected from public disclosure by Court order under Rule 26(c) of the Federal Rules of
8 Civil Procedure and the relevant case law”).)
The protective order also fails to identify the parties’ need for protection in anything but

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10 the most general terms. As the parties do not present any particularized need for protection as to
11 the identified categories of information to be protected, the protective order fails to comply with
12 Local Rule 141.1(c)(2), which requires “[a] showing of particularized need for protection as to
13 each category of information proposed to be covered by the order.”
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Finally, the requirement of Local Rule 141.1(c)(3) is not at all addressed. In its current

15 form, the protective order does not show “why the need for protection should be addressed by a
16 court order, as opposed to a private agreement between or among the parties.”
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The Parties’ Stipulated Protective Order is Denied Without Prejudice

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The parties may re-file a revised proposed stipulated protective order that complies with

19 Local Rule 141.1(c) and corrects the deficiencies set forth in this order.
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III.

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CONCLUSION AND ORDER

Accordingly, IT IS HEREBY ORDERED that the parties’ request for approval of the

22 Stipulated Protective Order (Doc. 11) is DENIED without prejudice to renewing the request.
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IT IS SO ORDERED.

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August 18, 2017

/s/

Sheila K. Oberto

UNITED STATES MAGISTRATE JUDGE

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