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Novotny v. Elsevier

United States District Court, S.D. Ohio, Western Division, Dayton
Mar 31, 2006
Case No. 3-:05-CV-424 (S.D. Ohio Mar. 31, 2006)

Opinion

Case No. 3-:05-CV-424.

March 31, 2006


ENTRY


The Court has received, via e-mail, a Stipulated Protective Order presumably for approval and entry by the Court. However, the Court declines to approve the Agreed Protective Order as submitted.

Paragraph 1 of the proposed Stipulated Protective Order allows a Party to designate certain information as "Confidential." Paragraph 5 then requires that information designated as "Confidential" be filed under seal. However, pursuant to the holding in Procter Gamble Co. v. Bankers Trust Co., 78 F.3d 219 (6th Cir. 1996), only the Court may determine which documents are filed under seal.

The proposed Stipulated Protective Order will not be approved. However, the Parties are welcome to submit a stipulated protective order that complies with the holding in Procter Gamble for the Court's approval and entry. The proposed stipulated protective order should also require the Party designating a document as "Confidential" to provide the legal justification for filing the document under seal.

DONE and ORDERED.


Summaries of

Novotny v. Elsevier

United States District Court, S.D. Ohio, Western Division, Dayton
Mar 31, 2006
Case No. 3-:05-CV-424 (S.D. Ohio Mar. 31, 2006)
Case details for

Novotny v. Elsevier

Case Details

Full title:DEBORAH A. NOVOTNY, Plaintiff, v. REED ELSEVIER, et al., Defendants

Court:United States District Court, S.D. Ohio, Western Division, Dayton

Date published: Mar 31, 2006

Citations

Case No. 3-:05-CV-424 (S.D. Ohio Mar. 31, 2006)