Haakstad et al v. Home Consignment Center, LLC

Northern District of California, cand-4:2015-cv-01245

ORDER re Proposed Protective Order. Signed by Judge Hamilton on 8/13/2015. (pjhlc1, COURT STAFF) Modified on 8/14/2015

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1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 NORTHERN DISTRICT OF CALIFORNIA 8 9 PATSY A. HAAKSTAD, et al., Case No. 15-cv-1245-PJH 10 Plaintiffs, 11 v. ORDER RE PROPOSED PROTECTIVE ORDER 12 Northern District of California HOME CONSIGNMENT CENTER, LLC, United States District Court 13 Defendant. 14 15 16 The court is in receipt of the parties' stipulated protective order for the treatment of 17 confidential information, which was filed on August 12, 2015. The court does not approve 18 the order because the provision regarding "Filing Protected Material," ¶ 8 of the proposed 19 order, is insufficient and does not accurately reflect current practice in this judicial district 20 and the Ninth Circuit. 21 The court recommends that the parties adopt the following wording from ¶ 12.3 of 22 the court's suggested stipulated protective order, which appears on the court's website, 23 under "Forms and Guidelines" – "Model Protective Orders." 24 Filing Protected Material. Without written permission from the Designating Party or a court order secured after appropriate notice to all interested 25 persons, a Party may not file in the public record in this action any Protected Material. A Party that seeks to file under seal any Protected 26 Material must comply with Civil Local Rule 79-5. Protected Material may only be filed under seal pursuant to a court order authorizing the sealing of 27 the specific Protected Material at issue. Pursuant to Civil Local Rule 79-5, a sealing order will issue only upon a request establishing that the 28 Protected Material at issue is privileged, protectable as a trade secret, or otherwise entitled to protection under the law. If a Receiving Party's 1 request to file Protected Material under seal pursuant to Civil Local Rule 79-5(d) is denied by the court, then the Receiving Party may file the 2 information in the public record pursuant to Civil Local Rule 79-5(e) unless otherwise instructed by the court. 3 4 IT IS SO ORDERED. 5 Dated: August 13, 2015 6 __________________________________ 7 PHYLLIS J. HAMILTON United States District Judge 8 9 10 11 12 Northern District of California United States District Court 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2