OUELLETTE v. GAUDETTE et al

Filing 77

ORDER ON DEFENDANT GAUDETTE'S OBJECTION TO MAGISTRATE JUDGE DISCOVERY DISPUTE RULING re 74 Objection By JUDGE D. BROCK HORNBY. (jib)

UNITED STATES DISTRICT COURT
DISTRICT OF MAINE
LAWRENCE OUELLETTE,
PLAINTIFF
V.

NORMAN GAUDETTE, in his
individual capacity; ROGER
BEAUPRE, in his official capacity
as Chief of Police for the Biddeford
Police Department and in his
individual capacity; and CITY OF
BIDDEFORD,
DEFENDANTS

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CIVIL NO. 2:16-CV-53-DBH

ORDER ON DEFENDANT GAUDETTE’S OBJECTION TO
MAGISTRATE JUDGE DISCOVERY DISPUTE RULING
This is a Rule 72(a) appeal1 of the Magistrate Judge’s discovery dispute
ruling that a technical violation of a confidentiality order occurred. Although he
noted the technical violation, the Magistrate Judge ordered no relief. But the
defendant Gaudette, the party appealing the ruling, is concerned that the ruling
might affect him in other litigation. It appears, however, that there is no case or
controversy remaining in the appeal. In the appeal, Gaudette requested “[i]n the
alternative . . . that the Court amend the consent confidentiality order such that
Gaudette may also use the documents he produced in this case that were marked
confidential for the purpose of discovery and trial in [two York County Superior

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See also Local Rule 72.1.

Court cases where he is a party].” Def. Gaudette’s Obj. to Report & Order 8 (ECF
No. 74).

The appellee Ouellette has responded that he “consents to a

modification of the Consent Confidentiality Order permitting Gaudette to make
use of documents designated confidential by Gaudette in this matter in [the two
York County Superior Court cases] so long as he complies with all other terms
of the Consent Confidentiality Order in his use of those documents in those
related cases.” Pl.’s Opp’n 3 (ECF No. 76). I therefore conclude that no action is
necessary on the appeal.

If an actual wording change is required in the

Confidentiality Order, the parties shall present a modified Order for signature by
either the Magistrate Judge or me.
SO ORDERED.
DATED THIS 5TH DAY OF JUNE, 2017
/S/D. BROCK HORNBY
D. BROCK HORNBY
UNITED STATES DISTRICT JUDGE

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