Great Lakes Exploration Group LLC v. Unidentified Wrecked and (For Salvage-Right Purposes), Abandoned Sailing Vessel, The

Filing 43

MEMORANDUM OPINION and ORDER re motion for protective order; signed by Chief Judge Robert Holmes Bell (Chief Judge Robert Holmes Bell, ymc)

G r e a t Lakes Exploration Group LLC v. Unidentified Wrecked and (For Sa...bandoned Sailing Vessel, The

D o c . 43

UNITED STATES DISTRICT COURT F O R THE WESTERN DISTRICT OF MICHIGAN S O U T H ER N DIVISION

G R E A T LAKES EXPLORATION G R O U P LLC, P l a i n ti f f , F i l e No. 1:04-CV-375 v. H O N . ROBERT HOLMES BELL T H E UNIDENTIFIED, WRECKED, and (FOR SALVAGE-RIGHT PURPOSES), ABANDONED SAILING VESSEL, her tackle, apparel, appurtenances, cargo, etc. located within a circle having a radius of 3.5 s t a tu t e miles, whose center point is at c o o r d i n a te s 45º 32.8' North latitude and 8 6 º 41.5' West longitude, In Rem De fend ant, v. M I C H IG A N DEPARTMENT OF HISTORY, A R T S AND LIBRARIES AND MICHIGAN D E P A R T M E N T OF ENVIRONMENTAL QUALITY, Intervenors. / M E M O R A N D U M OPINION AND ORDER This matter is before the Court on Plaintiff's motion for protective order. In the Cou rt's May 10, 2005, Order denying Intervenors' motion for a more definite statement p u r s u a n t to FED. R. CIV. P. SUPPL. E(2), the Court stated that the denial was predicated upon

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Plaintiff's compliance with Intervenors' request for documents and exhibits and the precise l o c a ti o n of Defendant. In order to ensure the prompt disclosure of the information as well a s maintaining the necessary confidentiality of Defendant's location, Plaintiff is seeking a p r o t e c ti v e order. Unfortunately, the parties have been unable to agree on the form and scope o f the protective order. Plaintiff and Intervenors have each submitted a proposed protective order. T h e Court has reviewed both proposed protective orders and will adopt Intervenors' p r o p o s e d order with only slight modifications. The protective order submitted by Plaintiff i s unnecessarily overbroad and attempts to assess a liquidated damages penalty against the i n t e rv e n i n g state agency in the event of disclosure. In contrast, Intervenors' protective order perm its disclosure of Defendant's location and other materials and information related to D ef en da nt , while maintaining strict confidentiality. T h e Court has modified the protective order to include a clause establishing that it is th e responsibility of the Attorney General to keep a record identifying all documents and mate rials "filed under seal" disclosed to other authorized persons. In addition, the Attorney G e n e r a l will be responsible for keeping a record identifying all persons to whom documents a n d materials have been disclosed.

Da te:

July 13, 2005

/s/ Robert Holmes Bell ROBERT HOLM E S BELL C H IE F UNITED STATES DISTRICT JUDGE

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