PROTECTIVE ORDER LANGUAGE:
The parties have submitted their proposed protective order at Docket No.
____. The Seventh Circuit Court of Appeals has set forth certain requirements
for confidentiality agreements in Union Oil Co. of California v. Leavell, 220 F.3d
562 (7th Cir. 2000), and Citizens First Nat. Bank of Princeton v. Cincinnati Ins.
Co., 178 F.3d 943 (7th Cir. 1999). Under that precedent, any party that wishes
to file any document under seal with the court must specifically show good
cause. In addition, no protective order is valid in this Circuit unless the parties
express the understanding that a member of the public has the right to
challenge confidentiality designations once a matter has been filed with the
court.
The current proposed protective order cannot, therefore, be entered until
such time as these components are made a part of the order. Therefore, the
Motion for Protective Order is currently DENIED.
