Walther v. Florida Tile, Inc. et al

Filing 24

ORDER as to Joint Motion for Protective Order 23 - For these reasons, the proposed Stipulated Protective Order will not be approved in its current form. The parties may submit a revised proposed stipulated protective order in compliance with the ho lding in Bankers Trust Co. for the Courts approval and entry. The proposed stipulated protective order must also require a party designating material as CONFIDENTIAL to provide legal justification for filing the document under seal. IT IS SO ORDERED. Signed by Magistrate Judge Sharon L. Ovington on 3/6/18. (kma)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION AT DAYTON
JAMES WALTHER,
Plaintiff,
vs.
FLORIDA TILE, INC., et al.,
Defendants.

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Case No. 3:17-cv-257
District Judge Thomas M. Rose
Magistrate Judge Sharon L. Ovington

ORDER
This case is presently before the Court upon the parties’ Joint Motion for
Protective Order (Doc. #23) and the record as a whole.
Paragraph 1 of the proposed Stipulated Protective Order permits the producer or
discloser of information to designate the material as “CONFIDENTIAL.” If a party
seeks to file “Confidential Materials” with the Court, Paragraph 9 requires the parties to
discuss whether it should be sealed and, “[i]f the parties agree to such sealing and filing,
it shall be accomplished in accordance with the appropriate local court rules and any
specific procedures of this Court for filing material under seal.” (Doc. #23, PageID #s
167-68). Although Paragraph 9 correctly notes that sealed documents should be filed
pursuant to the local rules and procedures, it does not indicate that only the Court may
determine which documents the parties may file under seal, pursuant to the holding in
Procter & Gamble Co. v. Bankers Trust Co., 78 F.3d 219 (6th Cir. 1996). For these

reasons, the proposed Stipulated Protective Order will not be approved in its current
form.
The parties may submit a revised proposed stipulated protective order in
compliance with the holding in Bankers Trust Co. for the Court’s approval and entry.
The proposed stipulated protective order must also require a party designating material as
“CONFIDENTIAL” to provide legal justification for filing the document under seal.
IT IS SO ORDERED.
March 6, 2018

s/Sharon L. Ovington
Sharon L. Ovington
United States Magistrate Judge

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