dissenting on motion for rehearing.
General Tire seeks to protect discovery information which it produced, but considers confidential and proprietary, from disclosure to competitors. However, there was evidence in this case that some of this information related to safety considerations, and, thus, that it constituted “court records” for purposes of Rule 76a(2)(c). Moreover, in the sense that competitors would need court approval to gain access to the information, General Tire’s proposed restriction on disclosure arguably constituted “sealing” for purposes of Rule 76a. Thus, Rule 76a was deemed to be applicable and to prevent those “court records” from being “sealed” in this manner.
Under this interpretation of Rule 76a, a defendant would appear to have no means to protect its confidential discovery information from disclosure to competitors if the information relates to safety considerations. This is an unnecessarily broad and harsh interpretation of Rule 76a. I would instead hold that restricting disclosure of a defendant’s discovery information to competitors does not amount to “sealing” for purposes of Rule 76a, and would grant rehearing, reverse the trial court’s judgment, and remand this case for entry of such a protective order Rule 166b(5)(c).