Lindquist et al v. The City of Pasadena, Texas

Filing 44

ORDER entered that parties are to submit a supplemental motion by 1/9/09 explaining why the proposed pretective order should be entered.(Signed by Judge Lee H Rosenthal) Parties notified.(leddins, )

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION JAMES AND SANDRA LINDQUIST, Plaintiffs, VS. THE CITY OF PASADENA, TEXAS, Defendant. § § § § § CIVIL ACTION NO. H-06-1975 § § § § ORDER The parties have moved for the entry of a protective order. Rule 26(c) of the Federal Rules of Civil Procedure permits a district court to enter a protective order on a showing of good cause. It is well established that "[t]he party seeking a protective order [under Rule 26(c) ] has the burden of showing that good cause exists for issuance of that order." Gambale v. Deutsche Bank AG, 377 F.3d 133, 142 (2d Cir.2004) (quoting In re "Agent Orange" Product Liability Litigation, 821 F.2d 139, 145 (2d Cir.1987)); see also Condit v. Dunne, 225 F.R.D. 113, 115 (S.D.N.Y.2004). In the absence of such a protective order, "parties to a law suit may disseminate materials obtained during discovery as they see fit." Jepson, Inc. v. Makita Electric Works, Ltd., 30 F.3d 854, 858 (7th Cir.1994); see also San Jose Mercury News v. U.S. District Court­Northern District (San Jose), 187 F.3d 1096, 1103 (9th Cir.1999); Public Citizen v. Liggett Group, Inc., 858 F.2d 775, 789 (1st Cir.1988); Agent Orange, 821 F.2d at 145-46. The parties have submitted a proposed protective order but have not information as to what will be designated as confidential or shown good cause for the entry of a protective order. The parties may file a supplemental motion by January 9, 2009, explaining why the proposed protective order should be entered. SIGNED on December 23, 2008, at Houston, Texas. ______________________________________ Lee H. Rosenthal United States District Judge 2

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