Moore, et al. v. Ford Motor Co., No. 13-40761 (5th Cir. 2014)
Annotate this CasePursuant to protective orders entered ten years ago, Ford produced a number of Volvo documents that it designated as confidential. After objecting to the confidential status of these documents, plaintiffs distributed and used them in litigation against Ford competitors. Ford moved to protect these documents and the magistrate judge found the documents to be protected by the agreed orders. The court agreed with the magistrate judge's holding that the Protective Orders did not require Ford to seek a protective order until the parties' own negotiations failed to resolve the dispute. The court concluded that the magistrate judge's finding that Ford did not waive the protection of the Protective Orders was plausible and supported by the record and was not clearly erroneous. Further, the district court did not abuse its discretion in denying leave to depose Ford's corporate representative. Accordingly, the court affirmed the district court's affirmance of the magistrate judge.
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