National Union Fire Insurance Company of Pittsburgh, PA et al v. Resource Development Services, Inc. et al
Filing
92
ORDER DENYING WITHOUT PREJUDICE EX PARTE APPLICATION FOR ENTRY OF PROPOSED PROTECTIVE ORDER by Judge Patricia V. Trumbull denying 65 Ex Parte Application (pvtlc2, COURT STAFF) (Filed on 9/8/2010)
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National Union Fire Insurance Company of Pittsburgh, PA et al v. Resource...ent Services, Inc. et al
Doc. 92
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION NATIONAL UNION FIRE INSURANCE ) COMPANY OF PITTSBURGH, PA, ) ) Plaintiff, ) v. ) ) RESOURCES DEVELOPMENT ) SERVICES, INC., ET AL., ) ) Defendants. ) ___________________________________ ) Case No.: C 10-01324 JF (PVT) ORDER DENYING WITHOUT PREJUDICE EX PARTE APPLICATION FOR ENTRY OF PROPOSED PROTECTIVE ORDER [Docket No. 65]
On August 10, 2010, plaintiff National Union Fire Insurance Company of Pittsburgh, Pennsylvania filed a proposed protective order to govern disclosure and discovery in the abovecaptioned action. ("National Union"). None of the defendants have opposed the proposed protective order and only one defendant has expressly consented to it. Ex Parte Application for Entry of Protective Order at 2. Having reviewed the proposed protective order, the court finds that it fails to require that the parties make a good faith determination that the information warrants protection under Rule 26(c). The court further finds that the proposed protective order fails to state that any confidential materials sought to be filed under seal will comply with Civ. L.R. 79-5. Finally, the proposed protective order does not place the burden on the party seeking protection to show that it is warranted. See Fed. R. Civ. P. 26(c). ORDER, page 1
Dockets.Justia.com
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Dated:
Plaintiff National Union (and the other parties) is advised to review the model stipulated protective order for standard litigation located on the court's website at www.cand.uscourts.gov. IT IS SO ORDERED. September 8, 2010 PATRICIA V. TRUMBULL United States Magistrate Judge
ORDER, page 2
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ORDER, page 3
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