Felling v. Knight

211 F.R.D. 552, 31 Media L. Rep. (BNA) 1475, 55 Fed. R. Serv. 3d 88, 2003 U.S. Dist. LEXIS 288, 2003 WL 61220
CourtDistrict Court, S.D. Indiana
DecidedJanuary 8, 2003
DocketNo. IP 01-0571 C T/K
StatusPublished
Cited by17 cases

This text of 211 F.R.D. 552 (Felling v. Knight) is published on Counsel Stack Legal Research, covering District Court, S.D. Indiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Felling v. Knight, 211 F.R.D. 552, 31 Media L. Rep. (BNA) 1475, 55 Fed. R. Serv. 3d 88, 2003 U.S. Dist. LEXIS 288, 2003 WL 61220 (S.D. Ind. 2003).

Opinion

ENTRY ON NON-PARTY INTERVE-NOR WTHR’S MOTION TO VACATE PROTECTIVE ORDER

BAKER, United States Magistrate Judge.

I. Background

Upon his termination of employment as the assistant men’s basketball coach at Indiana University (“IU”), Plaintiff Ronald Felling filed this suit against IU’s then head coach Robert Knight, alleging constitutional and common law tort claims.1 234During dis-[553]*553eovery, Felling deposed several individuals, including Mike Davis and John Treloar, both assistant coaches under Knight. After these depositions, a dispute arose over whether the deposition transcripts and videotapes generated therefrom could be released to' the press. In response, on October 24, 2001, the Court entered a temporary protective order prohibiting Felling from releasing any information on the depositions of Davis and Trel-oar until the Court could further consider argument from the parties. On October 29, Davis, Treloar, IU, and Knight filed motions to extend the protective order indefinitely.

On November 5, 2001, WTHR, the local NBC affiliate, moved to intervene, unseal documents, and filed an opposition to Knight’s motion for an extended protective order. The Court denied WTHR’s motion to unseal pending the Court’s order on whether an extended protective order was appropriate. [Docket # 40].

On December 21, the Court denied the motion for a protective order in that it ordered the release of the transcripts of the depositions of Davis and Treloar. The Court noted: “Although most of the contested portions of the deposition do not appear to be relevant to the dispute at hand, they also do not appear to be so sensitive or confidential as to warrant sealing the depositions.” Felling v. Knight, 2001 WL 1782360, *2 (S.D.Ind. 2001). [Docket # 52]. However, in granting the motion to place under seal the videotapes of the depositions, the Court held:

In an effort to avoid [embarrassment and frustration of the deponents], the court will grant the Non-Parties’ request to seal the videotapes of the deposition testimony. Videotapes are subject to a higher degree of potential abuse than transcripts. They can be cut and spliced and used as “soundbites” on the evening news. The potential embarrassment the Non-Parties would suffer at seeing themselves on the evening news constitutes good cause and requires this court to grant the Non-Party’s motion for a protective order for the videotapes.

Id. at *3.

Since the entry of the protective order, Felling deposed Knight, assistant coach Pat Knight, and assistant athletic director Steve Downing. The parties complied with the existing protective order and did not release the videotapes of these depositions.

On August 30, 2002, the Court held a settlement conference. The parties appeared in person, and the case was settled. The terms of the settlement agreement were filed with the Court and made public. The settlement agreement stated in relevant part, “Mr. Knight will not oppose any effort Mr. Felling may make to have the protective order in this ease lifted for purposes of using the videotapes of the depositions for the sole purpose of the Indiana University litigation.” [Docket # 95] .2

After the parties reached a settlement, WTHR moved to vacate the protective order, seeking to discover the videotaped depositions of Davis, Treloar, Knight, Pat Knight, and Downing. Knight has filed an opposition to this motion, claiming that good cause still exists for the protective order to remain in place. For the reasons set forth below, WTHR’s motion to vacate the protective order is GRANTED.

II. Discussion

A. Standard for Issuance of Protective Order

Although the public traditionally has a right to attend judicial proceedings, “pretrial depositions and interrogatories are not public components of a civil trial,” and as a result, pretrial discovery proceedings are generally “conducted in private as a matter of modern practice.” New York v. Microsoft Corp., 206 F.R.D. 19, 22 (D.D.C.2002), quoting Seattle Times, Co. v. Rhinehart, 467 U.S. 20, 33, 104 S.Ct. 2199, 81 L.Ed.2d 17 (1984). However, the public has a right to intervene in a case to obtain discovery privately exchanged between the parties and not filed with the Court. See, e.g., Citizens First National Bank of Princeton v. Cincinnati Insurance Co., 178 F.3d 943, 945 (7th Cir.1999) [554]*554(“[m]ost cases endorse a presumption of public access to discovery materials ... the public at large pays for the courts and therefore has an interest in what goes on at all stages of a judicial proceeding.”); Star Scientific, Inc. v. Carter, 204 F.R.D. 410, 417 (S.D.Ind. 2001), citing Grove Fresh Distributors, Inc. v. Everfresh Juice Co., 24 F.3d 893, 897 (7th Cir.1994) (“Public disclosure of discovery materials is open to the public unless the court finds that its records are being used for improper purposes.”).

However, pursuant to Federal Rule of Civil Procedure 26(c), a litigant can prevent disclosure of pretrial discovery by obtaining a protective order. Rule 26(c) authorizes the issuance of a protective order provided that the moving party can show “good cause” exists for such an order. Wilson v. Olathe Bank, 184 F.R.D. 395, 397 (D.Kan.1999). The rule essentially operates to balance the public’s interest in open proceedings against an individual’s private interest in avoiding “annoyance, embarrassment, oppression, or undue burden or expense ...” Flaherty v. Seroussi, 209 F.R.D. 295, 297 (N.D.N.Y.2001) quoting Fed.R.Civ.P. 26(c). The party seeking a protective order has the burden to show good cause for it. Sentry Ins. v. Shivers, 164 F.R.D. 255, 256 (D.Kan.1996). Whether to enter a protective order is within the sound discretion of the court. Wilson, 184 F.R.D. at 397, citing Thomas v. IBM, 48 F.3d 478, 482 (10th Cir.1995).

In many cases involving the issuance of protective orders, the central question becomes whether “good cause” exists. To establish good cause, a party must submit “a particular and specific demonstration of fact, as distinguished from stereotyped and conclusory statements.” Wilson, 184 F.R.D. at 397, quoting Gulf Oil Co. v. Bernard, 452 U.S. 89,102 n. 16, 101 S.Ct. 2193, 68 L.Ed.2d 693 (1981). See also 8 Charles Alan Wright, Arthur R. Miller, & Richard L. Marcus, Federal Practice and Procedure § 2035, at 483-86 (2d ed. 1994) (“A finding of good cause must be based on a particular factual demonstration of potential harm, not on conclusory statements.”); Ash v. Theros Intern. Gaming, Inc., 2001 WL 648632, *1 n. 2 (N.D.Ill. 2001), citing Citizens First Nat’l Bank,

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211 F.R.D. 552, 31 Media L. Rep. (BNA) 1475, 55 Fed. R. Serv. 3d 88, 2003 U.S. Dist. LEXIS 288, 2003 WL 61220, Counsel Stack Legal Research, https://law.counselstack.com/opinion/felling-v-knight-insd-2003.