Olson v. Penske Logistics, LLC

Filing 30

MINUTE ORDER denying 28 Motion for Entry of Protective Order by Magistrate Judge Michael E. Hegarty on 1/15/2015. The parties may re-file their motion with a proposed protective order that conforms to this order.(mdave)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 14-cv-03098-MEH
KRIS OLSON,
Plaintiff,
v.
PENSKE LOGISTICS, LLC,
Defendant.

MINUTE ORDER
Entered by Michael E. Hegarty, United States Magistrate Judge, on January 15, 2015.
The Joint Motion for Entry of Protective Order [filed January 15, 2015; docket #28] is
denied without prejudice. The Court declines to adopt the proposed protective order; at paragraph
11, the parties propose, “... it shall be the obligation of the party challenging the designation of the
information as Confidential Material to file an appropriate motion....” Motion at 5 (emphasis
added). However, the paragraph also provides, “In connection with a motion filed under this
provision, the party designating the information as Confidential Material shall bear the burden of
establishing that good cause exists....” Id. (emphasis added). The Court finds that, consistent with
Gillard v. Boulder Valley Sch. Dist., 196 F.R.D. 382 (D. Colo. 2000), the party having the burden
of proof should have the obligation to file a motion and the opportunity to reply to any arguments
made in opposition.
The parties may re-file their motion with a proposed protective order that conforms to this
order.