Lamb v. Select Medical Corporation

Filing 31

OPINION AND ORDER DENYING 30 MOTION (Joint) for Protective Order by Plaintiff Vickie L Lamb. The parties may submit a further revised protective order consistent with the requirements of Federal Rule of Civil Procedure 26(c)(7) and Seventh Circuit case law. Signed by Magistrate Judge Roger B Cosbey on 9/28/11. (cer)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF INDIANA
FORT WAYNE DIVISION

VICKIE L. LAMB,
Plaintiff,
v.
SELECT SPECIALTY HOSPITALFORT WAYNE, INC.,
Defendant.

)
)
)
)
)
)
)
)
)
)

CAUSE NO. 1:10-CV-469

OPINION AND ORDER
Before the Court is a stipulated motion by the parties seeking approval of a revised
proposed protective order pursuant to Federal Rule of Civil Procedure 26(c). (Docket # 30.) As
the proposed order is deficient, it will be DENIED.
Federal Rule of Civil Procedure 26(c)(7) allows the Court to enter a protective order for
good cause shown. However, the Seventh Circuit Court of Appeals has made it clear that a
protective order may only issue if the order “makes explicit that either party and any interested
member of the public can challenge the secreting of particular documents.” Citizens First Nat’l
Bank of Princeton v. Cincinnati Ins. Co., 178 F.3d 943, 945 (7th Cir. 1999). Language
permitting an interested member of the public to challenge the secreting of particular documents
is missing from the revised proposed protective order.1
For this reason, the Court hereby DENIES the stipulated motion seeking approval of the

1

This term was included in the parties’ first proposed protective order (Docket # 28), but apparently was
dropped in the revised proposed protective order.

revised proposed protective order submitted by the parties (Docket # 30). Of course, the parties
may submit a further revised protective order consistent with the requirements of Federal Rule of
Civil Procedure 26(c)(7) and Seventh Circuit case law.
SO ORDERED.
Enter for this 28th day of September, 2011.
S/ Roger B. Cosbey
Roger B. Cosbey,
United States Magistrate Judge

2