MCFADYEN et al v. DUKE UNIVERSITY et al

Filing 289

MOTION to Modify Order, #284 Protective Order by BRECK ARCHER, RYAN MCFADYEN, MATTHEW WILSON. (EKSTRAND, ROBERT)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF NORTH CAROLINA
RYAN MCFADYEN, ET AL,
Plaintiffs,
1:07-CV-953

v.
DUKE UNIVERSITY, ET AL,
Defendants.

REQUEST TO MODIFY THE PROTECTIVE
ORDER
Plaintiffs respectfully request that the Protective Order (Doc. No. 284) be
modified in the following ways:

1. Strike paragraph number 8, “Non-Relevant Confidential Information.” The
Protective Order already provides strict protections and procedural safeguards
to preserve the confidentiality of information. Furthermore, the determination
of relevancy is for trial.

2. Strike paragraph number 17, titled “Objections to Designations." The
provisions therein will cause the parties to unnecessarily litigate the
confidentiality of documents that may never be filed. Furthermore, as to
those documents that will be filed, the procedures outlined by the Court for
the preliminary sealing of documents designated as confidential upon filing are
sufficient and narrowly tailored to apply only to documents that are actually
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filed.

3. Modify paragraph number 21 to conform to the Court’s procedures for
sealing. As written, paragraph number 21 bars the parties from filing any
confidential information under seal (or referring to or quoting any such
material) without first obtaining an order granting leave to file the material
under seal. The better approach, which has been outlined by the Court,
provides that any material or information designated as "confidential" may be
filed under seal, and upon such filing, it is for the party that designated the
material as "confidential" to establish that it is, in fact, properly sealed. If the
Court determines the material is not properly sealed, the seal will be
removed. Likewise, if the Court determines that the material is properly
sealed, the material simply remains sealed. As written, however, the Order
bars the parties from filing under seal any document or information that the
opposing party designated "confidential" unless the filing party first obtains an
Order from the Court expressly permitting the material to be filed under seal.

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Dated: August 8, 2012

Respectfully submitted by:
EKSTRAND & EKSTRAND LLP
/s/ Robert C. Ekstrand
Robert C. Ekstrand (NC Bar No. 26673)
811 Ninth Street
Durham, North Carolina 27705
E-mail: [e-mail]
Tel: [phone]
Fax: [phone]
Counsel for Plaintiffs
Respectfully submitted by:
EKSTRAND & EKSTRAND LLP
/s/ Stefanie A. Smith
Stefanie A. Smith (NC Bar No. 42345)
811 Ninth Street
Durham, North Carolina 27705
E-mail: [e-mail]
Tel: [phone]
Fax: [phone]
Counsel for Plaintiffs

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IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF NORTH CAROLINA
RYAN MCFADYEN, ET AL,
Plaintiffs,
1:07-CV-953

v.
DUKE UNIVERSITY, ET AL,
Defendants.
CERTIFICATE OF SERVICE

I hereby certify that on Wednesday, August 8, 2012, pursuant to Rule 5 of the
Federal Rules of Civil Procedure and Local Rules 5.3 and 5.4, I electronically filed the
foregoing Request to Modify the Protective Order with the Clerk of the Court using
the CM/ECF system, which will automatically generate and send notification of such
filing to counsel of record. The Court’s electronic records show that each party to
this action is represented by at least one registered user of record (or that the party is
a registered user of record), to each of whom the Notice of Electronic Filing will be
sent.

Dated: August 8, 2012

Respectfully submitted by:
EKSTRAND & EKSTRAND LLP
/s/ Robert C. Ekstrand
Robert C. Ekstrand (NC Bar No. 26673)

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