DAVID I. LONGMAN, Plaintiff, v. FOOD LION, INC. and TOM E. SMITH, Defendants. JEFFREY FEINMAN, PAUL N. GARDNER DEFINED PLAN TRUST and EDWIN HANKIN and LINDA HANKIN, Plaintiffs, v. FOOD LION, INC. and TOM E. SMITH, Defendants., 186 F.R.D. 331

Summary

Plaintiff class action claimants appealed a summary judgment granted to defendant company that dismissed plaintiffs' action. Plaintiffs then moved to strike the confidentiality order entered during the course of discovery. The order had been initiated by defendant's motion for a protective order, which was granted by the court, and ultimately became a stipulated order by agreement of the parties. The court denied the motion to strike, finding that the original protective order was granted by the court prior to the parties' stipulation, thereby establishing good cause for the order. The court determined that because the original order was granted for good cause, plaintiffs had to show good cause for modification of the order. The court also found that because plaintiffs voluntarily stipulated to the confidentiality procedure they should be strictly held to the standard of good cause, as defendant relied upon the confidentiality to protect its trade secrets and confidential business ...