Schwindt v. Menzies Aviation, Inc. et al
ORDER granting plaintiff's 10 Motion to Compel Discovery; granting defendant's 12 Motion for Protective Order signed by U.S. District Judge John C Coughenour.(RS)
THE HONORABLE JOHN C. COUGHENOUR
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
CASE NO. C16-1586-JCC
MENZIES AVIATION, INC.,
This matter comes before the Court on Plaintiff David Schwindt’s motion to compel
(Dkt. No. 10) and Defendant Menzies Aviation’s motion for a protective order (Dkt. No. 12).
Having thoroughly considered the parties’ briefing and the relevant record, the Court finds oral
argument unnecessary and hereby GRANTS the motion to compel and GRANTS the motion for
protective order for the reasons explained herein.
As an initial matter, the Court notes that discovery motions are strongly disfavored. Here,
the two motions are related and it is apparent that this dispute could have been resolved without
the Court’s interference. Plaintiff moves to compel production of Defendant’s safety manual.
(Dkt. No. 10 at 1.) Defendant has agreed to produce the safety manual, provided Plaintiff
stipulate to a protective order, which Plaintiff has refused to do. (Dkt. No. 12 at 2.) Defendant
therefore moves for entry of a protective order substantially similar to the Western District of
Washington’s Model Stipulated Protective Order. (Id. at 1.)
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The Court is inclined to agree with both parties. The Court therefore GRANTS
Defendant’s motion for a protective order 1 (Dkt. No. 12) and GRANTS Plaintiff’s motion to
compel the safety manual (Dkt. No. 10). The Court notes, however, that it does not enter
Defendant’s proposed protective order exactly as presented. Rather than state that safety manuals
are confidential, the order states that they, and other similar materials, may be confidential. With
that clarification, the Court reminds Plaintiff that even with a protective order in place, the non-
designating party can always challenge a confidentiality designation.
For the foregoing reasons, Plaintiff’s motion to compel discovery (Dkt. No. 10) and
Defendant’s motion for a protective order (Dkt. No. 12) are GRANTED. Defendant shall
produce the safety manual within 14 days of the entry of the protective order.
DATED this 13th day of July, 2017.
John C. Coughenour
UNITED STATES DISTRICT JUDGE
The Protective Order itself shall be docketed as a separate entry.
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