A. et al v. Doe Run Resources Corporation et al

Filing 1397

MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that plaintiffs' Motion to Strike Defendants' Motion for Limited Relief from Protective Order 1391 is DENIED. The Clerk of Court shall immediately place under seal, however, the exhibits attached to defendants' Motion for Limited Relief ECF 1390-1, 1390-2, and 1390-3. IT IS FURTHER ORDERED that plaintiffs' Motion for Leave to File Under Seal 1392 is DENIED. Signed by Sr. District Judge Catherine D. Perry on 12/06/2023. (ANR)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
A.O.A., et al.,
Plaintiffs,
v.
IRA L. RENNERT, et al.,
Defendants.

)
)
)
)
)
)
)
)
)

Case No. 4:11 CV 44 CDP

MEMORANDUM AND ORDER
On November 17, 2023, defendants Doe Run Resources Corporation and
The Renco Group, Inc., moved for “limited relief” from a protective order entered
in this action by agreement of the parties in November 2017. Specifically,
defendants ask that I suspend provisions of the protective order so that they may
provide to Peruvian prosecutors certain protected documents and information they
received from plaintiffs during the course of discovery in this case, which
defendants aver are responsive to a Peruvian subpoena served on them on
November 7. Plaintiffs move to strike defendants’ motion and its accompanying
exhibits, asserting that the information contained therein should be sealed in
accordance with previous Court Orders. Plaintiffs have also filed a memorandum
in opposition to defendants’ motion in substance, however, and seek leave to file
their opposition under seal. Defendants oppose plaintiffs’ Motions to Strike and to

Seal, and they have filed a reply in support of their Motion for Limited Relief.
Upon careful consideration of the motions and the parties’ respective
positions, I will deny plaintiffs’ Motion to Strike but will order the Clerk to place
under seal the exhibits attached to defendants’ Motion for Limited Relief as they
contain personal and identifying information of individuals who appear to be nontargets of a criminal investigation, identifying information of persons who appear
to be targets of a criminal investigation, and information as to the nature and stage
of a criminal investigation in Peru. See Memo. & Order, ECF 1366 (“Article 324
of Peru’s Code of Criminal Procedure . . . provides that preliminary/preparatory
criminal investigations are confidential.”); Memo. & Order, ECF 1353
(information regarding ongoing investigations and unindicted conduct
appropriately sealed). I am aware that other courts may treat such information
differently, but I am not bound by their determination on this matter of discretion.
I will deny plaintiffs’ Motion to Seal their memorandum in opposition to
defendants’ Motion for Limited Relief as it does not contain any confidential
information subject to my previous rulings.
Defendants’ Motion for Limited Relief from Protective Order remains under
submission.
Accordingly,
IT IS HEREBY ORDERED that plaintiffs’ Motion to Strike Defendants’

-2-

Motion for Limited Relief from Protective Order [1391] is DENIED. The Clerk
of Court shall immediately place under seal, however, the exhibits attached to
defendants’ Motion for Limited Relief – ECF 1390-1, 1390-2, and 1390-3.
IT IS FURTHER ORDERED that plaintiffs’ Motion for Leave to File
Under Seal [1392] is DENIED.

CATHERINE D. PERRY
UNITED STATES DISTRICT JUDGE

Dated this 6th day of December, 2023.

-3-