- 8 - possibly as an “aggrieved entity”, would have been able to seek declassification of the materials sought here.4 There appears to be no question about whether the protective order survived the Cinpres litigation and continues to have full force and effect on the parties subject to it or about the issuing District Court’s ability/authority to modify or revoke the order. See Public Citizen v. Liggett Group, Inc., 858 F.2d 775, 780-782 (1st Cir. 1988). Matters of comity influence courts’ decisions whether to issue orders that affect or modify protective orders issued by other courts. See, e.g., Deford v. Schmid Prods. Co., 120 F.R.D. 648, 650, 655 (D. Md. 1987); Puerto Rico Aqueduct & Sewer Auth. v. Clow Corp., 111 F.R.D. 65, 67-68 (D.P.R. 1986). “These principles, while unquestionably important, are not absolute, and courts asked to issue discovery orders in litigation pending before them also have not shied away from doing so, even when it would modify or circumvent a discovery order by another court”. Tucker v. Ohtsu Tire & Rubber Co., 191 F.R.D. 495, 499-500 (D. Md. 2000). Respondent did not have the opportunity to intervene in the Cinpres case to seek access to the materials, and we are not 4 We must assume from petitioner’s argument that respondent should first attempt to obtain the documents by seeking them from the District Court that petitioner believes that respondent had standing under the protective order to seek declassification of a document.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
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