Light Petroleum Inc et al v ExxonMobil Oil Corporation et al

Filing 243

ORDER by Magistrate Judge Victor B. Kenton re Stipulation to Amend/Correct Exhibit B to protective order is GRANTED 242 . The Amended Exhbited B shll replace the Exhibit B attached to the Protective Order [201-1]. All other terms of the Order on Joint Stipulation for Protective Order shall remain the same. (rh)

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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

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Case No. 12-CV-04689-PA (VBKx)
ORDER ON JOINT
STIPULATION TO AMEND
EXHIBIT B TO PROTECTIVE
ORDER
DISCOVERY MATTER

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Magistrate Judge:
Courtroom:

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Victor B. Kenton
Courtroom 590

Complaint Filed:
Trial Date:

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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:
Exhibit B to the Order on Joint Stipulation for Protective Order [Dkt. 201-1]
shall be amended to include, in addition to the items previously listed, the following:
1. Confidential:

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a. Communications regarding Third Party Appraisals

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b. Internal EMOC/EMC documents regarding how station rent is

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calculated. which documents were not previously shared with the

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Plaintiffs/dealers

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Case No. 12-CV-04689-PA (VBKx)
[PROPOSED] ORDER ON JOINT STIPULATION TO AMEND EXHIBIT B TO
PROTECTIVE ORDER

c. Supply, Pricing, and Incentive Agreements, including, but not

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limited to, any Incentive and Amortization Agreement,

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Amendment to Incentive and Amortization Agreement, Complete

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Contract of Sale Amendment, and Use Covenant and Agreement

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2. Attorneys’ Eyes Only:

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a. Rent Calculation Worksheets, which contain station-specific sales

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figures
Amended Exhibit B hereto shall replace the Exhibit B attached to the Order on
Joint Stipulation for Protective Order [Dkt. 201-1]. All Other terms of the Order on
Joint Stipulation for Protective Order shall remain the same.
IT IS SO ORDERED.

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Dated:

February 14, 2013

_______/s/__________________________
Hon. Victor B. Kenton
United States Magistrate Judge

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Case No. 12-CV-04689-PA (VBKx)
[PROPOSED] ORDER ON JOINT STIPULATION TO AMEND EXHIBIT B TO
PROTECTIVE ORDER

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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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Case No. 12-CV-04689-PA (VBKx)
[PROPOSED] ORDER ON JOINT STIPULATION TO AMEND EXHIBIT B TO
PROTECTIVE ORDER

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AMENDED 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:

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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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Supply, Pricing, and Incentive Agreements, including, but not

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limited to, any Incentive and Amortization Agreement,

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Amendment to Incentive and Amortization Agreement, Complete

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Contract of Sale Amendment, and Use Covenant and Agreement

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•

Communications regarding Third Party Appraisals

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•

Internal EMOC/EMC documents regarding how station rent is

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calculated which documents were not previously shared with the

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Plaintiffs/dealers

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2.

Confidential - Attorneys’ Eyes Only:

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•

EMOC/EMC/Circle K Sale and Purchase Agreement

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•

Rent Calculation Worksheets, which contain station-specific sales

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figures

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///

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///

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Case No. 12-CV-04689-PA (VBKx)
[PROPOSED] ORDER ON JOINT STIPULATION TO AMEND EXHIBIT B TO
PROTECTIVE ORDER

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Confidential - Litigation Information:

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Third-Party Appraisals

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•

Asset Ledgers

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Case No. 12-CV-04689-PA (VBKx)
[PROPOSED] ORDER ON JOINT STIPULATION TO AMEND EXHIBIT B TO
PROTECTIVE ORDER