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U.S. v. Barclays Capital Inc.

Protective Order Denied; Deprivation of Non-Party Borrowers' Notice Rights Noted

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MEMORANDUM AND ORDER

*1 For the third time, I address the parties’ joint request to have me approve a stipulated protective order that would ease their litigation burdens but deprive non-parties, who have not had an opportunity to be heard, of rights that they would otherwise have. As briefly explained below, for the third and final time I deny the request. I. BackgroundI assume the reader’s familiarity with the record. In short, the parties first submitted their proposed protective order on June 7, 2017. Docket Entry (“DE”) 55. I declined to approve it for two reasons: first, its terms relieved the parties of their obligations under the laws of several jurisdictions to notify non-party borrowers of the disclosure of information about them; second, it conferred on the parties overbroad protections against the disclosure of otherwise privileged information that could be avoided through due diligence. See DE 61 (minute order dated June 12, 2017); DE 62 (transcript).On July 11, 2017, the parties submitted a revised proposal that partially addressed the latter concern about the privilege provisions and that asked me to reconsider my initial decision about the disclosure provisions. See DE 70 (letter); DE 70-1 (proposed order); DE 70-2 (redline comparison showing changes) at 22-24. In a Memorandum and Order dated October 18, 2017, DE 101 (the “Order”), I denied the request to reconsider the decision about the disclosure provisions, explained

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