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Keywords

plaintiffdefendantlitigationdiscoverymotionrelevance

plaintiffdefendantlitigationdiscoverymotion

Related Cases

Kelly v. Provident Life and Accident Ins. Co., Not Reported in F.Supp.2d, 2008 WL 5132851

Facts

The parties were unable to agree on a protective order, leading to the filing of a Joint Motion. Plaintiff proposed a protective order that would allow the sharing of confidential documents with collateral litigants, while Defendant's proposal restricted the use of such documents to the current litigation. The disagreement centered on whether a 'sharing' or 'non-sharing' protective order should be adopted.

Prior to the filing of the instant motion, Plaintiff forwarded a proposed protective order to Defendant. Id. Defendant agreed to substantial portions of Plaintiff's proposal, and adopted many of its provisions in its own proposed protective order. Id.

Issue

The main issue is whether the Court should enter a 'sharing' or 'non-sharing' protective order regarding the use of confidential documents in this case.

The primary issue on which the parties disagree, and the issue to be decided upon by the Court, is whether a 'sharing' or 'non-sharing' protective order should be entered.

Rule

The Court referenced the principles established in Foltz v. State Farm Mut. Auto. Ins. Co., which emphasizes that a court should not automatically grant a collateral litigant's request to modify a protective order without a showing of relevance and the need to avoid duplicative discovery.

In Foltz, the Ninth Circuit observed that, 'This court strongly favors access to discovery materials to meet the needs of parties engaged in collateral litigation.' Id. at 1131.

Analysis

The Court analyzed the arguments presented by both parties, noting that Plaintiff's proposal would circumvent the established procedures for determining the relevance of protected discovery to collateral litigation. The Court emphasized the importance of requiring collateral litigants to demonstrate relevance before accessing confidential materials, as outlined in Foltz.

The Court is not at all persuaded by Plaintiff's arguments in favor of a sharing order and against a non-sharing order.

Conclusion

The Court concluded that Defendant's proposed protective order should be entered, as it aligns with the principles set forth in Foltz and provides necessary safeguards against the automatic dissemination of confidential materials.

For the reasons set forth above, the Court finds that Defendant's proposed protective order should be entered.

Who won?

Defendant Provident Life and Accident Insurance Company prevailed in the case because the Court found their proposed non-sharing protective order to be more appropriate and aligned with legal standards.

Thus, the Court finds that Defendant's proposed protective order should be entered.

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