Boggs v. Victoria's Secret et al

Filing 20

ORDER signed by Magistrate Judge Kendall J. Newman on 6/6/16 ORDERING that the parties' proposed stipulated protective order 19 is DISAPPROVED, but without prejudice to submission of an amended version. (Becknal, R)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 BARBARA BOGGS, 12 Plaintiff, 13 14 No. 2:15-cv-1920-KJM-KJN v. ORDER VICTORIA’S SECRET STORES, LLC, 15 Defendant. 16 On May 27, 2016, the parties filed a proposed stipulated protective order for the court’s 17 18 consideration and approval. (ECF No. 19.) For the reasons discussed below, the court 19 DECLINES to approve the proposed stipulated protective order, but without prejudice to 20 submission of an amended version. The court will not approve a stipulated protective order that provides that the designation 21 22 of documents (including transcripts of testimony) as confidential pursuant to the order 23 automatically entitles the parties to file such a document with the court under seal. The parties 24 must instead comply with Local Rules 140 and 141 with respect to requests to seal or redact 25 documents, as well as any additional provisions related to sealing specifically outlined in the 26 assigned district judge’s scheduling order. (See ECF No. 7 at 5, Section VII [Sealing].) An 27 appropriate stipulated protective order shall incorporate and refer to such provisions. 28 //// 1 1 The court also declines to approve a stipulated protective order that limits the testimony of 2 parties or non-parties, or the use of certain documents, at any court hearing or trial—such 3 determinations will only be made by the court at the hearing or trial, or upon an appropriate 4 motion. 5 Finally, pursuant to Local Rule 141.1(f), the court will not retain jurisdiction over 6 enforcement of the terms of a stipulated protective order after the action is terminated. 7 Accordingly, an appropriate stipulated protective order shall not include such a provision. 8 In light of the above, IT IS HEREBY ORDERED that the parties’ proposed stipulated 9 protective order (ECF No. 19) is DISAPPROVED, but without prejudice to submission of an 10 amended version. 11 Dated: June 6, 2016 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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