Anadarko E&P Company LP v. Northwood Energy Corporation

Filing 75

ORDER modifying 51 Order on Motion for Protective Order. Signed by Magistrate Judge Terence P Kemp on 3/24/2015. (agm1)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
EASTERN DIVISION

Anadarko E&P Company LP,
Plaintiff,
v.

:
:
:

Northwood Energy Corporation, :
Defendant.

Case No. 2:12-cv-938
JUDGE EDMUND A. SARGUS, JR.
Magistrate Judge Kemp

:
ORDER

The agreed protective order filed in this case (Doc. 51)
contains the following term: “If a Party wishes to file
Confidential Information or ‘Attorney’s Eyes Only Information’
with the Court, the Party shall file and is hereby granted leave
to file the Confidential Information under seal in accordance
with S.D. Ohio Civ. R. 79.3 without further motion for leave of
this Court to do so.”

Doc. 51, ¶IV(F).

That language appears to be inconsistent with the Court of
Appeals’ decision in Procter & Gamble Co. v. Bankers Trust Co.,
78 F.3d 219, 227 (6th Cir. 1996). As a result, the Court modifies
that provision of the order to state the following: “If a Party
wishes to file Confidential Information or ‘Attorney’s Eyes Only
Information’ with the Court, the Party shall seek leave to do so
by way of a motion for leave to file under seal.

The motion

shall set forth good cause for filing the information at issue
under seal.”

/s/ Terence P. Kemp
United States Magistrate Judge