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Awuah v. Coverall North America, Inc.

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Before Boudin, Stahl and Lipez, Circuit Judges.

This is an attempted interlocutory appeal by Coverall North America, Inc., seeking review in this court of a discovery-related order by the district court in litigation now pending before it. The case in the district court is a class action by Coverall’s “franchisees” alleging that Coverall made misrepresentations, failed to keep its contractual promises, and wrongly classified them as independent contractors; the nature of Coverall’s operations and other pertinent background is described in Awuah v. Coverall North America, Inc., 554 F.3d 7 (1st Cir. 2009).

During discovery, Coverall’s former chief financial officer, Steven R. Cumbow, was deposed and the deposition initially sealed because of Coverall’s claims that it revealed privileged and confidential information about Coverall’s business practices including various accounting matters. Thereafter, in October 2008, the plaintiffs moved to unseal the deposition so that they could make fuller use of it. The district court held a hearing, reviewed disputed passages and unsealed portions that it found not to be privileged.

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