Johnson v. Hankook Tire Mfg. Co., Ltd. et al

Filing 92

ORDER granting 85 Motion; granting in part and denying in part 88 Motion to Seal Document. Signed by David A. Sanders on 4/20/10. (ncb, USDC)

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF MISSISSIPPI DELTA DIVISION VERONICA JOHNSON, Individually and as Personal Representative of the Wrongful Death Beneficiaries of BRANDON T. JOHNSON, SR., DECEASED, and as Mother and Next Friend of B.T. JOHNSON, a Minor and as Mother and Next Friend of J. JOHNSON, a Minor V.

PLAINTIFFS

CIVIL ACTION NO. 2:09cv113-M-S

HANKOOK TIRE MFG. CO., LTD., a Foreign Corporation; HANKOOK TIRE AMERICA CORP., A Foreign Corporation; FORD MOTOR COMPANY; and JOHN DOES 1-10 ORDER

DEFENDANTS

Before the court are Ford Motor Company's Motion for Protective Order (# 85) and Hankook Tire's Motion to Seal Exhibit (# 88). The court, having duly considered the motions, rules as follows: Ford's Motion Though Ford has filed its motion as a request for a protective order, the court finds the substance of the motion is more of request for an order prohibiting the spoliation of evidence, i.e., the vehicle which is the subject of this lawsuit. Accordingly, the court finds the relief sought should be, and the same is hereby GRANTED. It is further ORDERED that the Parties, the Parties' representatives, attorneys, agents, witnesses, or any other person or party are hereby prohibited from disposing of, selling, repairing, altering, changing, testing, or in any way materially affecting the subject 1998 Ford Explorer (VIN 1FMZU32E4WUA60706) made the basis of this suit or any parts, portions or pieces thereof, except upon written agreement of the parties or pursuant to a court order on

a properly noticed motion. Hankook's Motion For good cause shown, the motion to seal is granted in part. Under the circumstances and pending the court's ruling on Hankook's Motion to Strike and for Protective Order, it appears that electronic access to the transcript of Mr. Lee's deposition need only be restricted to the court and counsel of record. Accordingly, the movant shall submit the deposition to the clerk for filing under RESTRICTED ACCESS, and the clerk shall forthwith file the same with access restricted to the court and counsel of record for the parties.1 SO ORDERED this 20th day of April, 2010.

/s/ David A. Sanders U. S. Magistrate Judge

Parties may submit documents for filing under seal or restricted access by emailing a copy of the document in PDF format to the clerk at [e-mail] , along with a reference to the document number of the order authorizing the filing.

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