There was another ruling in the Eastern District of Missouri worth commenting on. Other rulings have previously been mentioned here on Labor Day 2021. Happy Labor Day!
In Loy v. BMW of N. Am., No. 4:19-CV-00184 JAR, 2021 WL 3930501 (E.D. Mo. September 2, 2021), the Court confronted a motion to remove the Confidentiality Designation from certain documents that BMW had assigned to them. BMW argued that these documents were designated Confidential under a protective order in another case, and so they should be confidential in this case.
The judge did not rule based on BMW's argument. The judge ruled two things instead. First, the plaintiffs in the instant case had previously represented that the materials from the other litigation would be subject to a protective order in this litigation as well. The judge ruled that the plaintiffs should be held to that representation. Loy v. BMW, 2021 WL 3930501, at *3.
Second, the Court stands ready in the Eastern District of Missouri case to continue to review the Confidentiality Designations of the material from the other case, as the instant case progresses. Loy v. BMW, 2021 WL 3930501, at *3.
Good reasoning, good result in this writer's opinion.
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