Light Petroleum Inc et al v ExxonMobil Oil Corporation et al

Filing 213

PROTECTIVE ORDER by Magistrate Judge Victor B. Kenton re GRANTING Joint REQUEST for Protective Order for PRODUCTION OF DOCUMENTS IN DISCOVERY 201 . (SEE ORDER FOR DETAILS) (rh)

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NOTE: Changes Made by the Court

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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WESTERN DIVISION

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In re: EXXONMOBIL OIL
CORPORATION, et al., SOUTHERN
CALIFORNIA BULK SALE
LITIGATION

Case No. 12-CV-04689-PA (VBKx)

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ORDER ON JOINT
STIPULATION FOR
PROTECTIVE ORDER

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DISCOVERY MATTER

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Magistrate Judge:
Courtroom:

Victor B. Kenton
Courtroom 590

Complaint Filed:
Trial Date:

June 21, 2012
July 23, 2013

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Pursuant to the parties’ Joint Stipulation for Protective Order, the Court
hereby orders as follows:
1.

As used herein, “Confidential Information” of any party disclosing

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information (the “Supplying Party”) shall mean any and all information listed on

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Exhibit B hereto. Any other types of information or documents may be designated

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“Confidential” only with approval of the Court.

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ORDER ON JOINT STIPULATION FOR PROTECTIVE ORDER

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2.

Any party may designate as Confidential Information any information

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listed on Exhibit B and considered by such party (“Designating Party”) to be

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confidential and/or proprietary as provided in Paragraph 3 below.

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3.

Any Confidential Information supplied in written or graphical form shall

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be labeled by the Designating Party either “Confidential” or “Confidential - Attorneys

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Only.” Any Confidential Information supplied in electronic form shall be

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accompanied by a document from the Designating Party identifying such information

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to be either “Confidential” or “Confidential – Attorneys Only.”
a.

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The Designating Party may label Confidential Information as

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“Confidential” only if, in the good faith belief of such party and its

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counsel, the unrestricted disclosure of such information could be

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potentially prejudicial to the business or operations or privacy of

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such party or any third party, and if the Confidential Information is

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listed in Section 1 of Exhibit B.
b.

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The Designating Party may label Confidential Information as

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“Confidential - Attorneys Only” only if, in the good faith belief of

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such party, the disclosure of such information to any person or

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entity other than those specified in Paragraph 6(b) of this

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Stipulated Protective Order would cause harm to the business

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and/or operations and/or reputation of such party or any third

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party, and if the Confidential Information is listed in Section 2 of

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Exhibit B.

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4.

In addition, a Designating Party may designate documents as

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“Confidential - for use only in litigation action Light Petroleum, et al. v. ExxonMobil

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Oil Corporation, CV12-04689-PA (VBKx)” (“Confidential- Litigation Information”)

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if the documents contain information listed in Section 3 of Exhibit B. For each party

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other than the Designating Party, access to Confidential - Litigation Information shall

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be for the sole limited purpose of trial or preparation for trial of the above-noted

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action; however, these documents need not be filed under seal.

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5.

With respect to the examination of witnesses upon oral deposition, when

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Confidential Information is supplied and/or when the deponent’s testimony contains,

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reflects or relates in any way to Confidential Information, the reporter will be

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informed of this Stipulated Protective Order by the party seeking confidentiality and

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will be required to operate in a manner consistent therewith. The reporter shall place

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on the cover of any deposition transcript which contains any Confidential Information

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the words “Contains Confidential Information” and must bear the legend

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“Confidential” or “Confidential – Attorneys Only” as appropriate. Counsel for the

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respective parties shall take appropriate steps to prevent any portions of any

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deposition transcript designated “Confidential” or “Confidential - Attorneys Only”

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from being disclosed to any person except as provided in this Stipulated Protective

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Order.

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a.

Each Designating Party shall provide the other parties with a list of

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the page(s) of each deposition transcript and any exhibits attached

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thereto that the party has designated as “Confidential” and/or

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“Confidential - Attorneys Only.” Unless the Parties otherwise

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agree, such list shall be provided to the other parties within fifteen

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business days after counsel for the respective parties receives a

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copy of any deposition transcript and the deponent has either

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corrected and signed the transcript or the time has lapsed for the

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deponent to make changes to the transcript.

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b.

The original or any copy of any deposition transcript, which

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contains Confidential Information and is labeled “Confidential” or

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“Confidential- Attorneys Only” must not be filed unless it can be

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accomplished under seal, identified as being subject to this Order,

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and protected from being opened except by order of this Court.

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All Confidential Information disclosed by a Supplying Party to a

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Receiving Party shall be received by such Receiving Party in confidence, shall be used

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by such Receiving Party solely in connection with the trial or preparation for trial of

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the above-noted action, shall be treated by it in the same manner with which it treats

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its own information which it deems to be confidential and proprietary, and shall not be

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disclosed, directly or indirectly, to any person except as provided in this paragraph.

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a.

In the case of a “Confidential” designation, for each party other

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than the Designating Party, access to such information shall be

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limited to:

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(1)

the party receiving the information;

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(2)

counsel for the party whether or not counsel of record in this

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proceeding (including members and employees of such

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counsel’s law firm) and in-house counsel for the party;

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(3)

and litigation support services;

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persons engaged by the party’s attorney to furnish expert

(4)

directors, officers, agents, and employees of the party to

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whom the Receiving Party believes, in good faith, it is

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necessary that the materials be shown solely for purposes of

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this legal action;

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(5)

pursuant to the restrictions set forth in Paragraphs 5, 8 and

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11 of this Stipulated Protective Order, deponents in this

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legal action incident to their depositions;

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(6)

pursuant to the restrictions set forth in Paragraphs 8 and 9 of
this Stipulated Protective Order, officers of the Court,

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witnesses in any legal proceeding in this action for which it

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is relevant, and members of the jury; and
(7)

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such other persons as hereafter may be designated by written
agreement of the Parties or by order of the Court.

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Said access shall be for the sole limited purpose of trial or

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preparation for trial of the above-noted action.

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b.

In the case of a “Confidential - Attorneys Only” designation, for

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each party other than the Designating Party, access to such

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information shall be limited to:

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(1)

counsel for the party whether or not counsel of record in this

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proceeding (including members and employees of such

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counsel’s law firm) and in-house counsel for the party;

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(2)

persons engaged by the party’s attorney to furnish expert

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and litigation support services in this action, but not

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including the party receiving the information, or any

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director, officer, agent or employee of the party;

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(3)

pursuant to the restrictions set forth in Paragraphs 8 and 9 of

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this Stipulated Protective Order, officers of the Court,

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members of the jury; and

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(4)

agreement of the Parties or by order of the Court.

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such other persons as hereafter may be designated by written

(5)

a deponent, if said deponent is the drafter of the documents
or an employee of the producing party.

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Said access shall be for the sole limited purpose of trial or preparation for

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trial of the above-noted action. Except for the Designating Party, no

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party to this action or any director, officer, employee or agent of such

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party (other than counsel) shall have access to Confidential Information

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which is designated “Confidential - Attorneys Only.”

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7.

A designation of confidentiality pursuant to this Stipulated Protective

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Order shall be effective and shall be respected by the Parties and all persons in any

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way involved in these proceedings or to whose attention the aforesaid material or

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information shall come unless and until otherwise ordered by the Court or stipulated

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by all Parties to this action. These obligations of confidentiality and non-disclosure

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shall survive for five years after the conclusion of this action.

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8.

Confidential Information held by a party may be disclosed to persons as

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provided in Paragraph 6(a), provided that prior to such disclosure such person to

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whom disclosure of Confidential Information is to be made shall acknowledge and

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confirm in the form of a Declaration, in the form of Exhibit A hereto, that he or she

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has read this Stipulated Protective Order and agrees to comply with its terms.

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However, officers of the Court, the jury, and all individuals described in Paragraph

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6(a)(2) will be exempt from the requirement to execute Exhibit A. Although this

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Protective Order does not require the individuals described in Paragraph 6(a)(2) to

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execute Exhibit A, they will be considered bound by the Protective Order pursuant to

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counsel’s execution of this Stipulated Protective Order. Confidential Information

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designated by a party as “Confidential” may be disclosed by any other party to a

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deponent during the deponent’s deposition provided that the deponent has been

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informed of this Stipulated Protective Order and executes a Declaration, in the form of

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Exhibit A hereto, that he or she has read this Stipulated Protective Order and agrees to

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comply with its terms. The attorneys for the respective Parties shall maintain a file of

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such Declarations, and shall furnish to the requesting attorney a list of the executing

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individuals (excluding the names of experts and consultants whose names have not

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been disclosed in the litigation to date and their employees) within twenty (20) days of

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receipt of a written request.

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Confidential Information designated by a party as “Confidential - Attorneys

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Only” may not be disclosed to a deponent unless he or she is a person qualified to

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have access to such information pursuant to Paragraph 6(b) of this Stipulated

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Protective Order, the Parties otherwise agree, or the Court, for good cause shown,

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otherwise orders. If Confidential Information designated as “Confidential - Attorneys

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Only” is to be discussed or disclosed in a deposition, any party claiming such

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confidentiality may exclude from the room any person who is not entitled to receive

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information or documents, or any things designated as “Confidential - Attorneys

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Only.”

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9.

Nothing herein shall prohibit a party, or its counsel, from disclosing a

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document which constitutes Confidential Information to the person whom the

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document identifies as an author, addressee or recipient of such document.

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10.

Before any materials designated as Confidential or Confidential-

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Attorneys Only are filed with the Court for any purpose, the party seeking to file such

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material must seek permission of the Court to file the material under seal pursuant to

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Central District of California Local Rule 79-5. Subject to public policy, further Court

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order and the Local Rules of the United States District Court for the Central District of

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California, nothing shall be filed with the Court under seal, and the Court shall not be

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required to take any action, without separate prior order by the Judge before whom the

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hearing or proceeding will take place, after written application by the affected party

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with appropriate notice to opposing counsel and utilization of the filing procedures set

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forth in Local Civil Rule 79-5.1. If one party wishes to file or lodge documents under

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seal, the other party shall not unreasonably withhold agreement to such procedure. If

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an agreement is reached, the Parties shall submit to the Court a Stipulation and

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Proposed Order for such filing or lodging under seal. If no such agreement is reached,

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then the proponent of lodging or filing under seal shall submit an Application and

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Proposed Order pursuant to Local Rule 79-5.1.

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11.

In the event any Confidential Information is used in any pretrial or

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discovery proceeding in this action, it shall not lose its confidential status through

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such use. All Confidential Information and pretrial deposition testimony given in this

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action which contains or discusses Confidential Information (“Confidential

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Testimony”) shall be presented only to persons authorized by the terms of this

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Stipulated Protective Order to have access to Confidential Information, or to the Court

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under seal. Any party filing Confidential Information or Confidential Testimony with

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the Court shall indicate to the Court on filing what portion(s) thereof are subject to

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this Stipulated Protective Order, and that the pretrial presentation of such Confidential

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Information or Confidential Testimony shall be filed under seal. All such

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Confidential Information and transcripts of Confidential Testimony shall be made

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available only to the Court and its staff and to the persons authorized by the terms of

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this Stipulated Protective Order to have access to Confidential Information.

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12.

The Parties, their officers, agents and employees, and their attorneys,

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shall be responsible to see that the purpose and effect of this Stipulated Protective

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Order is achieved.

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13.

This Stipulated Protective Order may be modified by further order of this

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Court or by agreement of counsel for the Parties, subject to the approval of the Court,

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provided that any such agreement be memorialized in the form of a stipulation that

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shall be filed with the clerk and made a part of the record in this case.

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14.

Within ninety (90) days following the termination of this action

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(including any appeals), all Confidential Information designated as such by the

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Designating Party shall be returned to the Supplying Party or destroyed, and all

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copies, summaries or transcripts thereof, and any and all other documents which

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contain, reflect, refer or relate to such Confidential Information which are not

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delivered to the Supplying Party, shall be destroyed, except that Counsel for each

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party may retain any attorney work product that contains Confidential Information.

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Upon request, Counsel of record for each party shall attest to compliance with the

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terms of this Paragraph 14 in an affidavit or declaration served on each other party

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within the 90-day period.

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15.

The provisions of this Stipulated Protective Order apply to all

proceedings in this matter, including all appeals and proceedings upon remand.
16.

Nothing in the foregoing provisions regarding confidentiality shall

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prevent or otherwise restrict counsel from rendering advice to their clients and, in the

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course thereof, relying generally on examination of stamped confidential documents;

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provided, however, that in rendering such advice and otherwise communicating with

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such clients, counsel shall not make specific disclosure of any item so designated

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except pursuant to the foregoing provisions.

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17.

At any stage of the proceedings, any of the Parties may object to a

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designation of the materials as Confidential Information. The party objecting to

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confidentiality must notify, in writing, counsel for the Designating Party of the

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objected-to materials and the grounds for the objection. If the dispute is not resolved

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consensually between the Parties within ten (10) days of receipt of such a notice of

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objections, the Designating Party may move the Court for a ruling on the objection.

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The materials at issue must be treated as Confidential Information, as designated by

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the Designating Party, until the Court has ruled on the objection or the matter has

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otherwise been resolved.

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18.

The attorneys of record are responsible for employing reasonable

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measures consistent with this Stipulated Protective Order, to control duplication of,

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access to, and distribution of copies of Confidential Information. Parties shall not

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duplicate any stamped confidential document except for producing working copies

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and for filing in court under seal.

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19.

The following provisions shall apply to inadvertent disclosures:

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a.

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The inadvertent, unintentional or in camera disclosure of

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confidential documents and information shall not, under any

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circumstances, be deemed a waiver, in whole or in part, of any

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party’s claims of confidentiality, either as to the specific

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information, document or thing disclosed or as to any other

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material or information concerning the same or related subject

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matter.
b.

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If a Supplying Party realizes that it has inadvertently produced

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material it considers confidential without so marking it, it may

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notify the Receiving Party of the mistake. Upon receiving such

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notice, the Receiving Party will treat such material and the

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information contained therein as Confidential or Confidential –

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Attorneys Only hereunder depending upon the Supplying Party’s

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instructions, and shall promptly either so mark such material or

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shall return the material, uncopied, to the Supplying Party, who

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shall then promptly mark the material as Confidential or

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Confidential – Attorneys Only and again deliver it to the Receiving

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Party.
c.

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The procedure set forth in sub-paragraph 19b, above, is in

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furtherance of and not in limitation of the provisions of sub-

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paragraph 19a. A Supplying Party’s failure to follow the

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procedure set forth in sub-paragraph 19b shall not constitute a

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waiver of such party’s claim of confidentiality as to any material or

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information.

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20.

If another court or administrative agency subpoenas or orders production

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of Confidential or Attorneys’ Eyes Only Information that a party has obtained under

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the terms of this Protective Order, such party shall, if there are fewer than ten (10)

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days to comply, within two (2) days, if possible, or immediately, if not, or if there are

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more than ten (10) days to comply, at least seven (7) court days prior to the due date

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for compliance, notify the Designating Party of the pendency of the subpoena, public

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records request, or order, in writing, and shall not produce the designated information

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until the Designating Party has taken appropriate steps to protect the material. It shall

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be the responsibility of the Designating Party to obtain relief from the subpoena,

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public records request, or order prior to the date of compliance, and, to give the

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Designating Party an opportunity to obtain such relief, the party from whom the

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information is sought shall not make the disclosure before the actual due date of

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compliance set forth in the subpoena, public records request, or other order.
21.

By entering into this Stipulated Protective Order, neither party waives

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any objections it may have to the production of any documents covered by this

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Stipulated Protective Order.

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22.

The Parties and all signatories to the certification attached hereto as

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Exhibit A agree to be bound by this Stipulation and Protective Order pending its

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approval and entry by the Court. In the event that the Court enters a different

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Protective Order, the Parties agree to be bound by this Stipulation and Protective

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Order until such time as the Court may enter a different Order. It is the Parties’ intent

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to be bound by the terms of this Stipulation and Protective Order pending its entry so

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as to facilitate the production of Confidential Information under the terms herein.

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IT IS SO ORDERED. Note: The Court has amended paragraph 1.

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Dated:

December 21, 2012

___________/s/______________________
Hon. Victor B. Kenton
United States Magistrate Judge

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EXHIBIT A
I, _______________________, of ______________________(address), declare

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under penalty of perjury that I have read in its entirety and understand the Stipulated

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Protective Order that was issued by the Court on ___________________ in the case

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of In re: ExxonMobil Oil Corporation, et al., Southern California Bulk Sale

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Litigation, Case No. CV12-04689-PA (VBKx). I agree to comply with and to be

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bound by all of the terms of this Stipulated Protective Order and understand and

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acknowledge that failure to comply could expose me to sanctions and/or punishment

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in the nature of contempt. I solemnly promise that I will not disclose in any manner

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any information or item that is subject to this Stipulated Protective Order to any

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person or entity except in strict compliance with the provisions of this Order.

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I further agree to submit to the jurisdiction of the Court for the purpose of

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enforcing the terms of this Stipulated Protective Order for the purpose of enforcing the

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terms of this Stipulated Protective Order, even if such enforcement proceedings occur

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after termination of this action. I hereby appoint __________________________ of

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______________________ as my California agent for service of process in

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connection with this action or any proceedings related to enforcement of this

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Stipulated Protective Order.

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Executed this ___ day of _______________, 20__, at _________________

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___________________________ [place].

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Signature:______________________________

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Name:_________________________________

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Address:_______________________________

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Party requesting that the above-signed person have access to

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“CONFIDENTIAL” and/or “CONFIDENTIAL – ATTORNEY'S EYES

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ONLY”

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EXHIBIT B

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The Stipulated Protective Order issued by the Court in the case of In re:

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ExxonMobil Oil Corporation, et al., Southern California Bulk Sale Litigation, Case

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No. CV12-04689-PA (VBKx) shall apply to oral, written, graphical and/or electronic

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information disclosed to another party hereto (the “Receiving Party”), including, but

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not limited to, documents disclosed as part of the disclosure process and/or disclosed

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as responses to discovery requests, including but not limited to, responses to requests

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for production of documents, answers to interrogatories, responses to requests for

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admissions, trial testimony, transcripts of trial testimony and depositions, which falls

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within the following categories:
1.

Confidential:

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

Third-Party Appraiser Work Papers

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

EMOC/EMC Sale and Purchase Agreements Entered into by third

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parties


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2.

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Confidential - Attorneys’ Eyes Only:


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3.

Supply, Pricing, and Incentive Agreements

EMOC/EMC/Circle K Sale and Purchase Agreement

Confidential - Litigation Information:

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

Third-Party Appraisals

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

Asset Ledgers

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