- 10 - several other Federal courts.5 The court in Tucker v. Ohtsu Tire & Rubber Co., supra, formulated guidelines, which it distilled from various court holdings, to assist in deciding whether it is appropriate to enter a discovery order that would have the effect of modifying an order issued by another court. We find that formulation helpful in our consideration of respondent’s motion to compel petitioner’s production of the deposition transcripts in question. The first area of inquiry is the nature of the other court’s protective order. This inquiry focuses on whether the order was issued by a court as its resolution of a controversy or whether the court simply approved the parties’ agreement. Courts have afforded less deference to orders based on an agreement of the parties and merely approved by the court. Conversely, more deference has been afforded in situations where a court’s order resulted from a holding that is based on the court’s deliberative process. 5 Cases where one court compelled production of material from a prior proceeding subject to a protective order: Morton Intl., Inc. v. Atochem N. Am., Inc., 18 U.S.P.Q.2d 1411 (D. Del. 1990); LeBlanc v. Broyhill, 123 F.R.D. 527 (W.D.N.C. 1988); and Carter-Wallace Inc. v. Hartz Mountain Indus., Inc., 92 F.R.D. 67 (S.D.N.Y. 1981). Cases where production was denied: Dushkin Publg. Group, Inc. v. Kinko’s Serv. Corp,, 136 F.R.D. 334, 335 (D.D.C. 1991); Deford v. Schmid Prods. Co., 120 F.R.D. 648, 650, 655 (D. Md. 1987); and Puerto Rico Aqueduct & Sewer Auth. v. Clow Corp., 111 F.R.D. 65, 67-68 (D.P.R. 1986).Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
Last modified: May 25, 2011