B.W. v. City of St. Louis, Missouri et al

Filing 81

OPINION, MEMORANDUM AND ORDER - IT IS HEREBY ORDERED that Plaintiffs Motion Protective Order [Doc. No. 75 ] is DENIED. Signed by District Judge Henry Edward Autrey on 12/13/2019. (JMP)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
B.W.,

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Plaintiff,
v.
CITY OF ST. LOUIS, MISSOURI,
et al.
Defendants,

Case No. 4:18CV1025 HEA

OPINION, MEMORANDUM AND ORDER
This matter is before the Court on Plaintiff’s Motion for Protective Order
[Doc. No. 75]. Defendant has file opposition to the Motion. Plaintiff has filed a
reply. The motion is denied.
BACKGROUND
The primary reason referenced as a basis for this court to grant the requested
relief is that Plaintiff will be providing a deposition in a criminal case on
December 16, 2019, the day prior to the setting date for the deposition in this case.
December 17, 2019 was discussed and seemingly agreed as the date for the
deposition in this case.
When a party seeks a protective order, “[t]he court may, for good cause,
issue an order to protect a party or person from ... undue burden or expense,

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including one or more of the following ... “(B) specifying terms, including time
and place or the allocation of expenses, for the disclosure or discovery;....” Fed. R.
Civ. P. 26(c)(1).
The burden is on the movant to show the “good cause” required for issuance
of the protective order. Gen. Dynamics Corp. v. Selb Mfg. Co., 481 F.2d 1204,
1212 (8th Cir. 1973). “To make this showing, the moving party cannot rely on
broad or conclusory allegations of harm.” Northbrook Digital, LLC v. Vendio
Servs., Inc., 625 F. Supp. 2d 728, 757 (D. Minn. 2008) (citing Gulf Oil Co. v.
Bernard, 452 U.S. 89, 102 n.16 (1981)).
Plaintiff has failed to demonstrate “good cause” where the setting date was
at the suggestion and agreement of Plaintiff.
CONCLUSION
Based on the record and the memoranda herein,
IT IS HEREBY ORDERED that Plaintiff’s Motion Protective Order [Doc.
No. 75] is DENIED.
Dated this 13th day of December, 2019.

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HENRY EDWARD AUTREY
UNITED STATES DISTRICT JUDGE

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