Hanson v. Weaver Popcorn Company, Inc.

Filing 16

OPINION AND ORDER DENYING 15 Joint MOTION for Protective Order by Defendant Weaver Popcorn Company, Inc. Parties may submit a revised proposed protective order consistent with the requirements of Rule 26(c)(1) and Seventh Circuit case law. Signed by Magistrate Judge Susan L Collins on 3/16/2015. (lhc)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF INDIANA
FORT WAYNE DIVISION
KEVIN HANSON,
Plaintiff,
v.
WEAVER POPCORN COMPANY, INC.,
Defendant.

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CAUSE NO. 1:14-cv-209

OPINION AND ORDER
This matter is before the Court on a Joint Motion for Entry of Stipulated Protective Order
filed by Defendant on March 13, 2015. (Docket # 15.)
Federal Rule of Civil Procedure 26(c)(1) allows the Court to enter a protective order for
good cause shown. But 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 tendered order.
Accordingly, the Court hereby DENIES approval of the proposed stipulated protective
order submitted by the parties. (Docket # 15.) The parties may, however, submit a revised
proposed protective order consistent with the requirements of Rule 26(c)(1) and Seventh Circuit
case law. SO ORDERED. Enter for March 16, 2015.
S/ Susan Collins
Susan Collins,
United States Magistrate Judge