EnTech, LTD. v. Speece, et al.
Order granting Plaintiff Entech's Motion for protective order (Related Doc # 17 ). Please see order for specific details and instructions to counsel. Judge John R. Adams on 1/9/17.(L,J)
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF OHIO
Judge John R. Adams
Pending before the Court is a motion for a protective order filed by Plaintiff Entech, Ltd.
Defendant Marcia Speece has opposed the motion, and Entech has replied.
The motion is
GRANTED as detailed herein.
Entech seeks a protective order in this matter primarily related to the computer that is
currently in the Court’s possession. Consistent with the allegations in the complaint, Entech
alleges that the computer was exclusively used for business purposes and therefore contains
confidential business records. Speece opposes the issuance of a protective order contending that
Entech has made no demonstration that the computer contains any confidential information.
Speece’s position is untenable given the factual allegations in this matter.
During the case management conference in this matter, Speece conceded that the computer
had been removed from the home by her son. As a result, neither Speece nor her counsel could
definitively state what material remains on the computer. As such, the Court will not deny a
request for a protective order due to some uncertainty as to whether the confidential business
records referenced in the complaint remain on the computer.
Instead, the contents of the
computer will initially be labeled attorney’s eyes only. Absent further order of the Court, counsel
and the parties will not disclose that information to anyone, including the parties. If counsel for
either party seeks to alter the designation of the materials received, they may do so through motion
practice with the Court.
Entech’s counsel shall forthwith file a proposed protective order that reflects that the order
is not stipulated to by all parties. The Court will then issue the order. Upon that issuance, the
parties will have 3 business days to arrange for the pickup of the computer at issue from the
IT IS SO ORDERED.
January 9, 2017
/s/John R. Adams
JOHN R. ADAMS
UNITED STATES DISTRICT JUDGE
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