Campbell et al v. Facebook Inc.

Filing 73

ORDER by Judge Hamilton denying 71 Stipulation (pjhlc2, COURT STAFF) (Filed on 4/15/2015)

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1 2 3 UNITED STATES DISTRICT COURT 4 NORTHERN DISTRICT OF CALIFORNIA 5 6 7 8 MATTHEW CAMPBELL, et al., Plaintiffs, 9 v. 11 For the Northern District of California United States District Court 10 ORDER RE STIPULATED PROTECTIVE ORDER FACEBOOK INC., 12 No. C 13-5996 PJH Defendant. _______________________________/ 13 14 Before the court is the parties’ stipulated protective order, filed on April 14, 2015. 15 Having reviewed the order, the court finds that two changes must be made, and thus 16 DENIES the stipulated protective order in its current form. The parties are directed to 17 re-submit the protective order with the following changes. 18 First, paragraph 4 provides that “[a]fter the final disposition of this action, this court 19 will retain jurisdiction to enforce the terms of this order.” The open-ended nature of the 20 parties’ phrasing suggests that the court will retain jurisdiction indefinitely. Instead, the 21 revised order should place a temporal limitation on any retention of jurisdiction, not to 22 exceed five (5) years after final disposition. 23 Second, paragraph 13(c) provides a procedure by which a party can compel the 24 production of inadvertently-produced material, and requires that “[t]he motion shall be filed 25 under seal.” Elsewhere in the order, the parties acknowledge that any effort to file under 26 seal must comply with Civil Local Rule 79-5 and General Order 62; however, this 27 paragraph contains no such reference, creating confusion as to whether a party must first 28 seek leave before filing its motion under seal. The revised order should specifically 1 2 3 reference Civil Local Rule 79-5 and General Order 62 within paragraph 13(c). IT IS SO ORDERED. Dated: April 15, 2015 ______________________________ PHYLLIS J. HAMILTON United States District Judge 4 5 6 7 8 9 11 For the Northern District of California United States District Court 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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