Hunter-Delaho v. Triple S. Tower, Inc.

Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW MEXICO

LADONNA HUNTER-DELAHO,

Plaintiff, Civ. No. 20-77 WJ/GBW

v.

TRIPLE S TOWER, INC., a New Mexico Foreign Profit Corporation, and MICROWAVE TRANSMISSION SYSTEMS, INC., a New Mexico Foreign Profit Corporation,

Defendants.

STIPULATED CONFIDENTIALITY AND PROTECTIVE ORDER THIS MATTER comes before the Court on the parties’ Joint Motion for Protective Order. Doc. 31. The Court, being sufficiently advised in the premises by the parties, DENIES the motion as it is made pursuant to a state rule of civil procedure that is not applicable in this Court. A federal court sitting in diversity jurisdiction applies state substantive law and federal procedural law. See Hanna v. Plumer, 380 U.S. 460, 465 (1965). While the line between substance and procedure is difficult to draw at times, where the situation is covered by a Federal Rule of Civil Procedure, a federal court must apply that rule unless it violates the Enabling Act or the Constitution. See Id. at 471. Here, the Federal Rules of Civil Procedure provide authority and grounds for granting a protective order. See Fed. R. Civ. P. 26(c). Therefore, the Court may not grant a protective order under NMRA Rule 1-026(c) as the parties so move. See Hanna, 380 U.S. at 471. IT IS SO ORDERED. por REGORY B. WORMUTH UNITED STATES MAGISTRATE JUDGE