Baker et al

Filing 14

ORDER re 13 Stipulation - STRICKEN as improvidently submitted. Signed by Magistrate Judge Dennis Howell on 9/23/09. (siw)

I N THE UNITED STATES DISTRICT COURT F O R THE WESTERN DISTRICT OF NORTH CAROLINA A S H E V IL L E DIVISION 1 :0 9 cv 2 0 2 K E N N E T H P. BAKER, P la in t if f, V s. K I M B E R L Y CLARK CORP., D efen d an t. _______________________________ ) ) ) ) ) ) ) ) ) )

ORDER

T H I S MATTER is before the court on a proposed "Order on Confidentiality," w h ic h is annexed to a "Stipulation to Enter Into Order On Confidentiality." Docket E n try #13. As provided in Rule 7(b)(1), Federal Rules of Civil Procedure, and m a n d a te d in Local Civil Rule 7.1, an application to the court for an Order or other re lie f must be made in the form of a written motion. The court adheres to these rules n o t simply because they are rules; instead, the requirement of filing a motion insures th a t the court reaches the issue, inasmuch as there is no provision for ECF to track fre es ta n d in g proposed Orders or Stipulations. The requirement of a motion further s erv e s the public interest in assuring that Orders which limit public review are based o n good and adequate cause. In this case, the stipulation fails to cite any rule or p r o v is io n of law upon which the stipulation is based. The court notes that it has never s e e n an "Order on Confidentiality," but routinely sees Protective Orders. W ith those concerns in mind, the court will strike the stipulation as im p ro v id e n tly submitted and instruct the parties to file a joint or consent Motion for

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P ro te c tiv e Order, therein showing good and adequate cause for the relief sought. C o u n s e l may attach the proposed Consent Protective Order as an attachment to the m o tio n (in PDF usable format)or they may submit it to the court through CyberClerk, o r both. Proposed Orders that are unaccompanied by motions filed through ECF are, h o w e v e r, improper and there is no guarantee that they will even be found.

ORDER I T IS, THEREFORE, ORDERED that the Stipulation to Enter Into Order On C o n f id e n tia lity (#13) is STRICKEN as improvidently submitted.

Signed: September 23, 2009

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