Melea Limited - Page 6




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            documents or provided the redacted portions, it is unable to do                             
            so because of the protective order entered in the Cinpres case.                             
            Discussion                                                                                  
                  Petitioner urges this Court to respect the terms of the                               
            protective order, which prohibits disclosure without modification                           
            of the order and/or approval of the District Court that issued                              
            the order.  Petitioner suggests that respondent should first                                
            attempt to request the District Court that issued the order to                              
            modify it in order to accommodate the disclosure.  Petitioner                               
            further postulates that this Court should not entertain                                     
            respondent’s discovery request until after respondent has shown                             
            that he was unable to obtain the materials from the District                                
            Court.  Petitioner, however, also argues that respondent is not                             
            entitled to the protected material.  We note that petitioner, who                           
            was a party in the Cinpres case and would have standing under the                           
            terms of the protective order, has not offered to approach the                              
            District Court to facilitate respondent’s access to the protected                           
            material.3  Petitioner is vigorously attempting to keep                                     


                  3 We observe that petitioner has resisted the production of                           
            the depositions.  Petitioner appears to be using another court’s                            
            protective order as a shield or bar to compliance with                                      
            respondent’s discovery request.  Petitioner has not suggested any                           
            alternatives and has displayed an aversion to seeking                                       
            modification of the protective order under consideration.                                   
            Petitioner does not contend that any portion of the deposition                              
            transcripts it has withheld contains proprietary business                                   
            information that would be in need of protection.                                            






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Last modified: May 25, 2011