Stegall v. Home Depot U.S.A., Inc. et al

Filing 31

ORDER entered: The parties may file a revised protective order no later than 10/17/14. (Signed by Judge Lee H Rosenthal) Parties notified.(leddins, 4)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF TEXAS
HOUSTON DIVISION
BEVERLY LYNN STEGALL,
Plaintiff,
VS.
HOME DEPOT U.S.A., INC., et al.,
Defendants.

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CIVIL ACTION NO. H-14-1817

ORDER
The parties have filed an agreed motion for a protective order. (Docket Entry No. 29).
Paragraphs 3.03 and 3.04 on page 7 of the proposed order must be revised to reflect that under the
case law, a higher good-cause showing is required to file documents under seal with the court and
restrict access to them than to designate them as confidential when they are exchanged in discovery.
The paragraph must be revised to state that when documents designated as confidential are filed with
the court, they may initially be filed under seal but will not be maintained under seal unless the party
designating them as confidential files a motion to do so. Such a motion must be filed 7 days after
the filing, must show good cause for sealing the documents, and must state whether the opposing
party contests filing the documents under seal. The parties may file a revised agreed protective order
no later than October 17, 2014.
Additionally, the protective order does not contain any reference to the anti-waiver
provisions of Rule 502 of the Federal Rules of Evidence to protect against waiver by production in
this case, not merely against waiver by inadvertent production. No later than October 17, 2014, the

parties must incorporate an express reference to a Rule 502(d) provision in the protective order or
explain why it is not appropriately included.
SIGNED on September 30, 2014, at Houston, Texas.

______________________________________
Lee H. Rosenthal
United States District Judge

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