BRC Rubber & Plastics Inc v. Continental Carbon Company
Filing
51
OPINION AND ORDER DENYING 50 Joint Motion for Court's Entry of Stipulated Protective Order filed by BRC Rubber & Plastics Inc. The Parties may submit a revised protective order that cures this deficiency. Signed by Magistrate Judge Roger B Cosbey on 11/9/2012. (lns)
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF INDIANA
FORT WAYNE DIVISION
BRC RUBBER & PLASTICS, INC.,
Plaintiff,
v.
CONTINENTAL CARBON COMPANY,
Defendant.
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CAUSE NO. 1:11-CV-190
OPINION AND ORDER
Before the Court is a Joint Motion for Court’s Entry of Stipulated Protective Order
seeking approval of a proposed protective order. (Docket # 50.) As the proposed order is
lacking in one respect, it will be DENIED.
Federal Rule of Civil Procedure 26(c)(7) allows the Court to enter a protective order for
good cause shown. See Citizens First Nat’l Bank of Princeton v. Cincinnati Ins. Co., 178 F.3d
943, 946 (7th Cir. 1999). And the Seventh Circuit Court of Appeals has repeatedly held that
overly inclusive protective orders are invalid. See id. at 945.
Paragraph 15 of the proposed order is deficient in that it allows the filing of entire
documents under seal when any “Confidential” or “Highly Confidential—Attorney’s Eyes Only
Material” is “embodied in [the] document, or attachment thereto.” Although a method of
redaction is incorporated in paragraph 11 of the proposed order, it does not serve to limit the
overly inclusive language of paragraph 15. See id. (stating that an order sealing documents
containing confidential information is overly broad because a document containing confidential
information may also contain material that is not confidential, in which case a party’s interest in
maintaining the confidential information would be adequately protected by redacting only
portions of the document).
For this reason, the Court hereby DENIES the Join Motion for Court’s Entry of
Stipulated Protective Order. (Docket # 50.) Of course, the parties may submit a revised
protective order that cures this deficiency.
SO ORDERED.
Enter for this 9th day of November, 2012.
S/ Roger B. Cosbey
Roger B. Cosbey,
United States Magistrate Judge
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