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HURLEY v. WESTERN & SOUTHERN LIFE INS. CO.

May 25, 2004.

BARBARA HURLEY
v.
THE WESTERN & SOUTHERN LIFE INS. CO., et al



The opinion of the court was delivered by: JOHN FULLAM, Senior District Judge

MEMORANDUM AND ORDER

Plaintiff is suing the defendant insurance company for initially rejecting a modest claim on a life insurance policy. Originally filed in the Court of Common Pleas, the case was removed to this court on the basis of diversity of citizenship and the amount in controversy. Were it not for the fact that plaintiff sought punitive damages originally, the case would not have been removable.

Counsel for the parties have now submitted to this court for approval, a proposed stipulated order governing production of confidential documents. The proposed order is 8 pages long, and contains 20 paragraphs. If implemented, it would impose significant burdens upon the Clerk's Office as well as the parties. There is no suggestion of any real likelihood that trade secrets or other confidential information will need to be protected. The requirements of Pansy v. Borough of Stroudsburg, 23 F.3d 772, 786 (3d Cir. 1994) have not been met. While the parties are free to comply with the proposed stipulation, as a matter of private contract, I decline to adopt it as an order of court. An order follows.

20040525

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