Melea Limited - Page 11




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                  Concerning this aspect, petitioner contends that the                                  
            protective order in the Cinpres case was entered after an                                   
            extended period of disagreement by the parties, hearings by the                             
            District Court, and assistance/involvement of the judge.                                    
            Petitioner also points out that the protective order that was                               
            finally entered was different in some respects from those                                   
            originally proposed by each party.  Petitioner contends that the                            
            order we consider did not merely represent a ministerial act by                             
            the District Court, and, accordingly, more deference should be                              
            afforded the order.                                                                         
                  Respondent points out that the parties stipulated and agreed                          
            to the protective order entered by the District Court.  In that                             
            regard, the order and the matters it covers were not subjected to                           
            deliberation by the District Court.  Although the District Court                            
            played a role (mediator or monitor) in resolving the parties’                               
            disagreement/negotiations regarding the content of the proposed                             
            protective order, the District Court did not deliberate or decide                           
            the controversy.  Ultimately, the District Court entered a                                  
            protective order which had been stipulated and agreed to by the                             
            parties.  Under those circumstances, less deference need be                                 
            afforded the protective order on the theory that it is                                      
            essentially an agreement of the parties.  Although we pay less                              
            deference to the order conceptually, we defer to its substance                              








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