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Weitzel v. Lear Corp.

October 16, 2006

SANDRA K. WEITZEL, ET AL., PLAINTIFFS,
v.
LEAR CORPORATION, DEFENDANT.



The opinion of the court was delivered by: Judge Thomas M. Rose

ENTRY

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

In paragraph 5 of the proposed Stipulated Protective Order, the Parties have agreed that certain documents "shall be subject to seal by the Court.." However, pursuant to 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.

Any party wishing to file a document under seal pursuant to Fed.R.Civ.P. 26(c) must first obtain an order from the Court requiring that such document be sealed from public disclosure. Further, the motion for leave to file under seal must provide the legal basis for filing the specific document under seal. Finally, any party that designates a document to be sealed must provide the party wishing to file the document under seal with the legal basis for filing the document 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 wanting a document to be filed under seal to provide the legal justification to the Court for filing the document under seal.

DONE and ORDERED in Dayton, Ohio, this Sixteenth day of October, 2006.

THOMAS M. ROSE UNITED STATES DISTRICT JUDGE

20061016

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