Melea Limited - Page 12




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            and intent to protect the confidential materials that may be                                
            contained in the deposition transcripts.                                                    
                  The second Tucker factor concerns the identity of the party                           
            from whom discovery is sought.  This factor focuses on whether                              
            the document sought is from a person originally entitled to have                            
            it.  As a party to the Cinpres case, petitioner was entitled to                             
            the transcript of depositions, and, therefore, petitioner was an                            
            original holder of this document.                                                           
                  Petitioner points out that the Tucker case involved a one-                            
            sided order; i.e., the protected materials flowed from one                                  
            source.  Petitioner contends that the circumstances of this case                            
            are different because it was not a one-sided (sole source) order.                           
            Respondent counters that the documents sought (depositions) could                           
            have been designated as protected by any of the parties in the                              
            Cinpres case.  In effect, the deposition transcripts are the                                
            rightful property of each litigant and could have been treated by                           
            any as confidential.  In that regard, petitioner has not shown or                           
            contended that the redacted portions of the deposition testimony                            
            were exclusively sourced in another party in the Cinpres case.6                             
            Additionally, petitioner does not contend that the redacted                                 
            portions of the deposition transcripts contained material that,                             



                  6 If petitioner had shown that the protected material was                             
            exclusively sourced in another, the protective order provides for                           
            notice to that party before production of a protected document                              
            pursuant to another court’s order.                                                          





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