Haakstad et al v. Home Consignment Center, LLC

Filing 26

ORDER. Signed by Judge Hamilton on 8/13/2015. (pjhlc1, COURT STAFF) (Filed on 8/13/2015)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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PATSY A. HAAKSTAD, et al.,

United States District Court
Northern District of California

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Case No. 15-cv-1245-PJH

Plaintiffs,

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v.

ORDER RE PROPOSED PROTECTIVE
ORDER

HOME CONSIGNMENT CENTER, LLC,
Defendant.

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The court is in receipt of the parties’ stipulated protective order for the treatment of

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confidential information, which was filed on August 12, 2015. The court does not approve

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the order because the provision regarding “Filing Protected Material,” ¶ 8 of the proposed

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order, is insufficient and does not accurately reflect current practice in this judicial district

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and the Ninth Circuit.

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The court recommends that the parties adopt the following wording from ¶ 12.3 of

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the court’s suggested stipulated protective order, which appears on the court’s website,

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under “Forms and Guidelines” – “Model Protective Orders.”

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Filing Protected Material. Without written permission from the Designating
Party or a court order secured after appropriate notice to all interested
persons, a Party may not file in the public record in this action any
Protected Material. A Party that seeks to file under seal any Protected
Material must comply with Civil Local Rule 79-5. Protected Material may
only be filed under seal pursuant to a court order authorizing the sealing of
the specific Protected Material at issue. Pursuant to Civil Local Rule 79-5,
a sealing order will issue only upon a request establishing that the
Protected Material at issue is privileged, protectable as a trade secret, or

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otherwise entitled to protection under the law. If a Receiving Party's
request to file Protected Material under seal pursuant to Civil Local Rule
79-5(d) is denied by the court, then the Receiving Party may file the
information in the public record pursuant to Civil Local Rule 79-5(e) unless
otherwise instructed by the court.

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IT IS SO ORDERED.
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Dated: August 13, 2015
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__________________________________
PHYLLIS J. HAMILTON
United States District Judge

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United States District Court
Northern District of California

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