Novotny v. Elsevier

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

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

Opinion

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

March 31, 2006

ENTRY

THOMAS ROSE, District Judge

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 (6^th 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.