Fogle v. Lincoln National Corporation
Filing
21
OPINION AND ORDER DENYING without prejudice 20 Joint MOTION for Protective Order by Defendant Lincoln National Life Insurance Company. Parties may submit revised protective order that cures identified deficiency as outlined in Order. Signed by Magistrate Judge Roger B Cosbey on 7/18/2014. (lhc) Modified on 7/18/2014 to correct text (lhc).
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF INDIANA
FORT WAYNE DIVISION
CYNTHIA J. FOGLE,
Plaintiff,
v.
LINCOLN NATIONAL LIFE INSURANCE
COMPANY,
Defendant.
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CAUSE NO. 1:13-CV-311
OPINION AND ORDER
Before the Court is a Joint Motion for Agreed Protective Order (Docket # 20), seeking
approval of the proposed Agreed Protective Order submitted by the parties pursuant to Federal
Rule of Civil Procedure 26(c). Although the proposed Order is limited to pre-trial discovery
only–and thus, an additional Court order is required for any document to be filed under seal–the
proposed Order still has one deficiency that precludes its approval.
Paragraph 12 of the proposed Order provides that the Court will retain jurisdiction to
make any amendments or resolve disputes concerning the disposition of materials at the
termination of the action. But the Court is unwilling to enter a protective order that suggests the
Court retain jurisdiction of any kind after the resolution of the case. E.E.O.C. v. Clarice’s Home
Care Serv., Inc., No. 3:07-cv-601 GPM, 2008 WL 345588, at *2 (S.D. Ill. Feb. 7, 2008)
(encouraging the parties to make a contractual agreement among themselves for the return of
sensitive documents without court oversight); see also Large v. Mobile Tool Int’l, Inc., No. 1:02CV-177, 2010 WL 3120254, at *1 (N.D. Ind. Aug. 6, 2010).
Therefore, the Court DENIES without prejudice the Joint Motion for Agreed Protective
Order (Docket # 20) seeking approval of the proposed Agreed Protective Order. The parties
may, however, submit a revised protective order that cures the identified deficiency and is
consistent with the requirements of Rule 26(c) and Seventh Circuit Court of Appeals case law.
SO ORDERED.
Enter for this 18th day of July, 2014.
S/ Roger B. Cosbey
Roger B. Cosbey,
United States Magistrate Judge
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