Alexander v. Convergent Outsourcing, Inc.

Filing 16

ORDER entered regarding submission of protective order. The parties may file a revised protective order no later than March 6, 2017.(Signed by Chief Judge Lee H Rosenthal) Parties notified.(leddins, 4)

United States District Court
Southern District of Texas

ENTERED
February 27, 2017

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF TEXAS
HOUSTON DIVISION
TAMARA ALEXANDER, on behalf of
herself and all others similarly situated,
Plaintiff,
v.
CONVERGENT OUTSOURCING, INC.,
Defendant.

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David J. Bradley, Clerk

CIVIL ACTION NO. H-16-3318

ORDER
The parties have filed an agreed protective order. (Docket Entry No. 13). The order must
be revised to include a provision stating that if materials designated as confidential are filed with
the court in connection with a motion, hearing, or trial, the party seeking to maintain them under seal
must make a good-cause showing. That showing is not met simply by showing that a party
designated the documents as confidential when they were exchanged in discovery. The provision
must 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. That 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 proposed order must also include a provision under Rule 502(d) of the Federal Rules
of Evidence stating that production in this litigation does not waive attorney-client privilege or
work-product protection, a broader protection than the parties have provided. This must replace the
material at Paragraph 14 of the current agreed protective order, which is unnecessarily limited to

inadvertent disclosures of privileged information and to resolution under Rule 26(b)(5)(B) of the
Federal Rules of Civil Procedure.
The parties may file a revised protective order no later than March 6, 2017.
SIGNED on February 27, 2017, at Houston, Texas.

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Lee H. Rosenthal
Chief United States District Judge

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