Open Courts & Stipulated Protective Orders
Michael Atkins at Seattle Trademark Lawyer has an interesting post about a case in the Western District of Washington in which the Court declined to enter a stipulated protective order. Although there may be a growing disenchantment among the courts with these type of blanket protective orders, it has surprised me how often courts have approved those orders particularly when they have included provisions allowing documents to be filed under seal. There are undoubtedly situations in which protective orders are appropriate and necessary but I have to agree with Judge Bryan that "they should be narrowly drawn, the presumption being in favor of open and public litigation."