Melea Limited - Page 8




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            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.                                                                                   




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