Elmore v. Bank of America, N.A.

Filing 27

ORDER DENYING MOTION FOR PROTECTIVE ORDER - denying 26 Motion for Protective Order. Signed by Senior Judge Justin L. Quackenbush. (CC, Case Administrator)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF WASHINGTON

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NATHAN F. ELMORE, an individual,
and on behalf of other similarly situated, ,

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Plaintiff,
vs.
BANK OF AMERICA, N.A., a
Delaware corporation,

NO. 2:14-cv-00241-JLQ
ORDER DENYING MOTION FOR
PROTECTIVE ORDER

Defendant.

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BEFORE THE COURT is the parties' Joint Stipulation re: Protective Order

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Governing Confidential Material (ECF No. 26).

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It is this court's general policy not to enter "blanket" protective orders. The Ninth

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Circuit Court of Appeals also does not generally approve of "blanket" protective orders.

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See Foltz v. State Farm Auto Ins. Co., 331 F.3d 1122 (9th Cir. 2003)(finding it could not

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sustain the district court's blanket protective order because the district court did not

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require a specific showing as to particular documents). Rule 26(c) provides that upon a

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showing of "good cause" the court may enter a protective order. "A party asserting good

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cause bears the burden, for each particular document it seeks to protect, of showing that

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specific prejudice or harm will result if no protective order is granted." Foltz, 331 F.3d at

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1130.

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The proposed order assuredly states that the "[i]t does not confer blanket

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protection on all disclosures or responses to discovery; the protection it affords from

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public disclosure and use extends only to the limited information or items that are

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entitled to confidential treatment under legal principles, and it does not presumptively

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entitle parties to file confidential information under seal." (ECF No. 26-1 at 3).

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However, it then broadly defines the scope of protection to "confidential material" and
ORDER - 1

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additionally "(1) any information copied or extracted from confidential material; (2) all

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copies, excerpts, summaries, or compilations of confidential materia; and (3) any

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testimony, conversations, or presentations by parties or their counsel that might reveal

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confidential information." (ECF No. 26-1 at 3-4). No documents have been provided to

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the court for a determination of whether good cause exists for a protective order.

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IT IS HEREBY ORDERED:

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1. The Motion for Protective Order (ECF No. 26) is DENIED.

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2. The parties are free to make agreements concerning the conduct and

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confidentiality of discovery, and apparently have so agreed. While the court will not

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enter a Protective Order without a particularized showing as to specific documents, the

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denial of court participation in the agreement between the parties shall not affect the

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validity of the agreements as between the parties. The parties have stipulated to terms

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and conditions to maintain the confidentiality of certain documents. Should the parties

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have need to file any of the documents with the court, they may file the documents under

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seal along with a motion to seal, and at that time the court will determine if it is

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appropriate to seal the documents. The parties shall also comply with Fed.R.Civ.P. 5.2

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concerning privacy protections for filings made with the court.

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IT IS SO ORDERED. The Clerk of this court shall enter this Order and furnish
copies to counsel.
DATED this 6th day of November 2014.
s/ Justin L. Quackenbush
JUSTIN L. QUACKENBUSH
SENIOR UNITED STATES DISTRICT JUDGE

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ORDER - 2