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Assault Libel & Slander | Massachusetts
Order
Judge Richard G. Stearns: ELECTRONIC ORDER entered denying 120 Motion for Protective Order and Interim Relief and granting 123 Motion to Impound. Plaintiffs filed an ex parte emergency motion for a protective order and interim relief regarding Defendants’ future use of certain sensitive documents. Plaintiffs have not met the high burden of showing why the court should consider this motion without notice, and the court will not grant relief without affording Defendants an opportunity to respond.In his declaration, Plaintiff Christopher Somma states that “Defendants are pro se and cannot be relied upon to keep the contents of the documents confidential. Moreover, the information contained in these materials, if released, would be highly damaging to my reputation.” Dkt. # 122 ¶ 12. Despite Mr. Somma’s apprehension, Plaintiffs provide no adequate basis to conclude that Defendants imminently intend to disclose the documents publicly or otherwise use them to harass or embarrass Mr. Somma. That Defendants may use the documents at Mr. Somma’s deposition (which is currently scheduled almost a month from now on October 13) or in a future court filing does not justify emergency ex parte relief. This motion is therefore denied without prejudice to a properly noticed motion. Plaintiffs may seek appropriate relief under Rule 26(c)(1)(D) after complying with the applicable service and conferral requirements. The court can determine whether such relief is warranted after Defendants have had an opportunity to respond. Until then, Plaintiffs’ Motion to Impound is granted. Any opposition that discloses or discusses the subject matter of the impounded materials shall likewise be filed under seal.(JAM)
In his declaration, Plaintiff Christopher Somma states that “Defendants are pro se and cannot be relied upon to keep the contents of the documents confidential. Moreover, the information contained in these materials, if released, would be highly damaging to my reputation.” Dkt. # 122 ¶ 12. Despite Mr. Somma’s apprehension, Plaintiffs provide no adequate basis to conclude that Defendants imminently intend to disclose the documents publicly or otherwise use them to harass or embarrass Mr. Somma. That Defendants may use the documents at Mr. Somma’s deposition (which is currently scheduled almost a month from now on October 13) or in a future court filing does not justify emergency ex parte relief. This motion is therefore denied without prejudice to a properly noticed motion.
Plaintiffs may seek appropriate relief under Rule 26(c)(1)(D) after complying with the applicable service and conferral requirements. The court can determine whether such relief is warranted after Defendants have had an opportunity to respond. Until then, Plaintiffs’ Motion to Impound is granted. Any opposition that discloses or discusses the subject matter of the impounded materials shall likewise be filed under seal.
Opposition to Motion
Opposition re 117 MOTION for Extension of Time to December 14, 2026 to Complete Discovery filed by Julie E Meader Taylor. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit)(Meader Taylor, Julie)
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