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IN THE UNITED STATES DISTRICT COURT FOR THE

WESTERN DISTRICT OF OKLAHOMA

CHARLES F. WARNER, et al., ))

Plaintiffs, )

)

vs. ) Case No. CIV-14-0665-F

)

KEVIN J. GROSS, et al., )

)

Defendant. )

ORDER

Before the court is plaintiffs Second Motion to Unseal Pursuant to the

Protective Order, doc. no. 154, filed under seal on December 12, 2014. Defendants

have responded to the motion by response filed on December 23, 2014, doc. no. 175.

The motion challenges defendants blanket designation of confidentiality with

respect to transcripts of interviews from the Department of Public Safety (DPS)

investigation. Motion, at 2. When the court entered the protective order in this case,

the court did not contemplate that there would be blanket designations of

confidentiality. At the same time, the court will note that there may well, in some

instances, be merit to the concerns identified by defendants in their response.

Accordingly, although the court intends to remove the blanket designation of

confidentiality with respect to the DPS transcripts, the court does not intend to ignore

the legitimate security and other concerns articulated by the defendants.

Accordingly, it is ORDEREDas follows:

1. Not later than February 9, 2015, the defendants shall notify counsel for

plaintiffs of any additional proposed redactions to the DPS transcripts, together with

a statement of the reasons for any such additional proposed redactions.

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2. Not later than February 20, 2015, counsel for the parties shall meet face

to face and confer in good faith with a view to resolving any differences with respect

to the merits of the additional proposed redactions. (Negotiating authority, for this

purpose, may be delegated to one or more of plaintiffs counsel by other plaintiffs

counsel, provided that counsel to whom negotiating authority is delegated shall have

full authority to resolve issues as to redactions.)

3. Not later than February 24, 2015, counsel for plaintiffs shall inform the

court, by a document filed under seal in this case, as to the extent of any remaining

disagreements as to the merits of the additional proposed redactions. That filing shall

include a copy of all pages which contain additional proposed redactions that areobjected to by plaintiffs (together with any other pages necessary for an understanding

of the context), with an indication of the material as to which there is an additional

proposed redaction to which plaintiffs object.

4. Not later than 10 days after the filing of the document referred to in

paragraph 3, defendants may file, under seal, a memorandum in support of the merits

of their proposed additional redactions. Plaintiffs may respond thereto not later than

10 days after the date of filing of the defendants memorandum. The court will rule

on the merits of the additional proposed redactions as soon as reasonably possible.

Dated January 20, 2015.

14-0665p041.wpd

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