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Kerry O'shea, Individually and On Behalf of All Others Similarly Situated v. Ford Motor Company

April 7, 2011

KERRY O'SHEA, INDIVIDUALLY AND ON BEHALF OF ALL OTHERS SIMILARLY SITUATED, PLAINTIFF,
v.
FORD MOTOR COMPANY, A DELAWARE CORPORATION DEFENDANT.



The opinion of the court was delivered by: Margaret A. Nagle United States Magistrate Judge

Warren E. Platt (#154086) wplatt@swlaw.com Robert J. Gibson (#144974) hgibson@swlaw.com Alina Amarkarian (#245470) aamarkarian@swlaw.com SNELL & WILMER L.L.P. 600 Anton Boulevard, Suite 1400 Costa Mesa, California 92626-7689 714.427.7000 714.427.7799, fax John M. Thomas (#266842) John.Thomas@Bryancave.com BRYAN CAVE L.L.P.

One Metropolitan Square 211 North Broadway, Suite3600 St. Louis, Missouri 63102 314-259-2214 314-552-8214, fax Janet L. Conigliaro, Pro Hac Vice Janet.Conigliaro@Leclairryan.com LECLAIR RYAN 290 Town Center Drive, 4th Floor Dearborn, Michigan 48126 313-583-5960 313-583-6960 Fax Attorneys for Defendant FORD MOTOR COMPANY

Case Assigned to the Honorable Jacqueline H. Nguyen Courtroom No. 790 Roybal

Pursuant to Rule 26(c) of the Federal Rules of Civil Procedure and based on the parties' Stipulated Protective Order ("Stipulation") filed on March 11, 2011, the terms of the protective order to which the parties have agreed are adopted as a protective order of this Court, which generally shall govern the pretrial phase of this action, except to the extent, as set forth below, that those terms have been substantively modified by the Court's amendment of Paragraphs 1, 4, 7, 11, and 12 of the Stipulation.

The parties are expressly cautioned that the designation of any information, document, or thing as "Confidential," "Subject To Protective Order," or other designation(s) used by the parties, does not, in and of itself, create any entitlement to file such information, document, or thing, in whole or in part, under seal. Accordingly, reference to this Protective Order or to the parties' designation of any information, document, or thing as "Confidential," "Subject To Protective Order," or other designation(s) used by the parties, is wholly insufficient to warrant a filing under seal.

There is a strong presumption that the public has a right of access to judicial proceedings and records in civil cases. In connection with non-dispositive motions, good cause must be shown to support a filing under seal. The parties' mere designation of any information, document, or thing as "Confidential," "Subject To Protective Order," or other designation(s) used by parties,does not -- without the submission of competent evidence, in the form of a declaration or declarations, establishing that the material sought to be filed under seal qualifies as confidential, privileged, or otherwise protectable -- constitute good cause.

Further, if sealing is requested in connection with a dispositive motion or trial, then compelling reasons, as opposed to good cause, for the sealing must be shown, and the relief sought shall be narrowly tailored to serve the specific interest to be protected. See Pintos v. Pacific Creditors Ass'n, 605 F.3d 665, 677-79 (9th Cir. 2010). For each item or type of information, document, or thing sought to be filed or introduced under seal in connection with a dispositive motion or trial, the party seeking protection must articulate compelling reasons, supported by specific facts and legal justification, for the requested sealing order. Again, competent evidence supporting the application to file documents under seal must be provided by declaration.

Any document that is not confidential, privileged, or otherwise protectible in its entirety will not be filed under seal if the confidential portions can be redacted. If documents can be redacted, then a redacted version for public viewing, omitting only the confidential, privileged, or otherwise protectible portions of the document, shall be filed. Any application that seeks to file documents under seal in their entirety should include an explanation of why redaction is not feasible.

TERMS OF PROTECTIVE ORDER

1. [OMITTED BY COURT]

2. General Definitions. For purposes of this Protective Order, the following terms have the following meanings:

a. "Confidential Information" shall mean trade secrets or other confidential research, development, or commercial information pursuant to FRCP 26(c)(1)(G) that is contained in Protected Documents.

b. "Designating Party" shall mean the Party or non-party designating Discovery Material as "Confidential."

c. "Discovery Materials" shall mean and include, without limitation, Documents, responses to interrogatories, requests for admissions, or other discovery requests, physical objects, samples, CD-ROMs, tapes or other items, deposition transcripts and exhibits thereto, and information provided by or on behalf of the Parties or any non-party witness pursuant to subpoena or otherwise in the course of discovery.

d. "Document" shall mean and include, without limitation, all written material, videotapes, and all other tangible items, produced in whatever format (e.g., hard copy, electronic, digital, etc.) and on whatever media (e.g., hard copy, videotape, computer diskette, CD-ROM, DVD, hard drive or otherwise) defined as broadly as permitted under FRCP 34.

e. "Party" or "Parties" shall mean and include the parties to this litigation.

f. "Pleadings" shall mean and include, without limitation, all papers, motions, briefs, affidavits, declarations, exhibits, etc., filed with the Court.

g. "Protected Document" shall mean any document to be produced in this litigation which contains Confidential Information.

3. Designating Confidential Information. a. All designations of Confidential Information shall be made in good faith by the Designating Party and made at the time of disclosure, production, or tender.

b. The designation of Confidential Information may be made by marking or placing the applicable notice "Subject to Protective Order," "Confidential," or substantially similar notice, on the Document, or, where a copy ...


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