Attorney-at-Law

ORDER OF PROTECTION

In Uncategorized on 11/22/2017 at 15:31

The family law types deal with these, mostly. But here’s Judge Lauber, The Philosopher-Judge, settling one on multiple notices in a pre-holiday designated hitter, The Coca-Cola Company and Subsidiaries, Docket No. 31183-15, filed 11/22/17.

Win-your-case-at-discovery wonks will find this order more appetizing than the stuffed-poultry cliché on tomorrow’s menu.

The Cokers put in a total of twenty-two (count ‘em, twenty-two) affidavits in support of pre-trial, trial and post-trial suppression of business documents. “Lock ‘em up!” the Cokers cry.

IRS says the Cokers paint with too broad a brush, echoing the famous Arkansas rejoinder “Youse gots to be mo’ ‘pecifc!”

Finally, Judge Lauber holds a phonathon, gets more paper from the Cokers and IRS, drafts his own order, gets comments, and comes up with the following.

“Petitioner has the burden of showing ‘good cause’ under Rule 103(a). After careful review of petitioner’s affidavits, we conclude that it has shown good cause for protecting certain types of documents that were created at certain points in time. However, in order to protect the public’s right of access to this Court’s proceedings, we believe that petitioner’s proposed protective order should be modified to limit the scope of protection afforded. Taking respondent’s objections into account, and endeavoring to strike a reasonable balance between petitioner’s desire for protection and the public’s right of access, we have set forth below the protective order that will govern the treatment of petitioner’s confidential information during pre-trial proceedings, the Special Trial Session of this Court…, and post-trial proceedings.” Order, at p. 2. (Footnote omitted, but it keeps interim seals in place on documents until redacted versions show up to swap in.)

Judge Lauber then crafts thirteen (count ‘em, thirteen) pages of an order of protection, scrupulously to protect our right to know.

Now we know Tax Court is on hiatus for the Day of Digestion, Friday, November 24, 2017. So how many of y’all will be waiting on line on Monday morning at the Glasshouse at 400 Second Street, NW, in The City of the Pardoned Turkey (the one with feathers), to get tickets to view the edited Coke hoard? PACER, anyone?

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