United States of America, ex rel., et al v. Sightpath Medical, Inc., et al

Filing 684

ORDER in Response to 655 Letter to Magistrate Judge.(Written Opinion) Signed by Magistrate Judge David T. Schultz on 6/29/2020.(AJS)

CASE 0:13-cv-03003-WMW-DTS Document 684 Filed 06/29/20 Page 1 of 2

UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA
United States of America ex rel.
Kipp Fesenmaier,
Plaintiff,

Case No. 13-cv-3003 (WMW/DTS)

v.
ORDER
The Cameron-Ehlen Group, Inc., et al.,
Defendants.
______________________________________________________________________

By letters dated May 26, 2020, and May 27, 2020, the Parties informed the Court
of a procedural disagreement. As part of its Motion for Partial Summary Judgment,
Plaintiffs filed several documents designated confidential under seal, but subsequently
challenged their confidential designation in communications with Defendants. The
Parties disagree whether the procedures set forth in the Stipulated Amended Protective
Order (Dkt. No. 270) or Local Rule 5.6 govern the substantive dispute over the
designations and sought the Court’s guidance.
The Parties shall follow the procedures for bringing joint motions for continued
sealing under Local Rule 5.6. Although the operative Protective Order provides a
procedure for challenging a confidential designation, a party wishing to do so must raise
the challenge “within a reasonable amount of time of the party’s receipt or potential use
of the document . . . .” Stip. Am. Protective Order ¶ 10. Plaintiffs did not challenge the
confidential designation until after filing the documents in support of a motion and so
their challenge was not brought within a reasonable amount of time. Whether the
documents should in fact remain sealed is a separate issue which the Court will address
on a joint motion for continued sealing. Accordingly—

CASE 0:13-cv-03003-WMW-DTS Document 684 Filed 06/29/20 Page 2 of 2

IT IS HEREBY ORDERED that the Parties shall follow the procedures of Local
Rule 5.6 to determine whether documents filed under temporary seal in support of
Plaintiffs’ Motion for Partial Summary Judgment (Dkt. No. 639) shall remain under seal.

Dated: June 29, 2020
s/ David T. Schultz
DAVID T. SCHULTZ
United States Magistrate Judge

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