North England Protecting and Indemnity Association Limited et al v. Tesoro Corporation et al

Filing 20

PROTECTIVE ORDER by Magistrate Judge Michael R. Wilner, The Parties agree to submit this Protective Order to the Court for adoption as an order of the Court. The Parties reserve the right to seek, upon good cause, modification of this Protective Order by the Court. re Stipulation for Protective Order 19 (SEE ORDER FOR FURTHER DETAILS/NOTE CHANGES MADE BY COURT) (lmh)

1 NOTE CHANGE TO ORDER AT
PARAGRAPH 8
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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA, WESTERN DIVISION

LLP

FREEMAN, FREEMAN & SMILEY,

1888 CENTURY PARK EAST, SUITE 1900
LOS ANGELES, CALIFORNIA 90067
[phone]

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NORTH OF ENGLAND
12 PROTECTING AND INDEMNITY
ASSOCIATION LIMITED, UNITED
13 AFRICA PETROLEUM LIMITED and
GENERAL NATIONAL MARITIME
14 TRANSPORT COMPANY,
Plaintiffs,

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Case No. CV13-00956-BRO-MRWx
IN ADMIRALTY
[PROPOSED] PROTECTIVE
ORDER
[DISCOVERY MATTER]

vs.

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17 TESORO REFINING AND
MARKETING COMPANY, LLC; and
18 DOES 1 TO 10 INCLUSIVE,

Hon. Michael R. Wilner

Defendants.

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PROTECTIVE ORDER

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1.

All originals or copies of transcripts of depositions, exhibits, answers to

interrogatories and requests for admissions, and all documents, materials, tangible
things, and/or information which contain or comprise confidential and sensitive
research, trade secret, business development, financial or commercial information
(collectively “information”) produced either by a party or a non-party to or for any
of the parties shall be governed by this Protective Order. The terms of this
Protective Order shall apply to all manner and means of discovery, including entry
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[PROPOSED] PROTECTIVE ORDER

1 onto land or premises and inspection of books, records, documents, and tangible
2 things.
2.

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Any information produced by any party or non-party in this action may

4 be designated by any party as “Confidential” (hereinafter referred to as
5 “Confidential Information”). As a general guideline, materials designated
6 “Confidential” shall be those confidential and sensitive things that may be disclosed
7 to the parties for the purpose of the litigation, but which must be protected against
8 disclosure to third parties. Absent a specific order by this Court, information once
9 designated as “Confidential” shall be used by parties solely in connection with this

LLP

FREEMAN, FREEMAN & SMILEY,

1888 CENTURY PARK EAST, SUITE 1900
LOS ANGELES, CALIFORNIA 90067
[phone]

10 litigation, and shall not be used for, inter alia, any business, competitive, or
11 governmental purpose or function and such information shall not be disclosed to
12 anyone except as provided herein.
3.

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Any party may invoke the provisions of this Protective Order by

14 designating the documents, information, or portions thereof which he, she or it in
15 good faith considers confidential at the time such documents are produced or such
16 information disclosed, or as soon thereafter as such party becomes aware of the
17 nature of the information or material disclosed and sought to be protected hereunder.
18 In the instance of documents, each page of each such document produced shall be
19 marked “Confidential” by the designating party. In the instance of depositions,
20 counsel may, in the record of the deposition, designate the transcript or portion
21 thereof as “Confidential.” The witness under deposition or his counsel may invoke
22 the provisions of this Protective Order by giving adequate notice that testimony
23 about to be given is deemed “Confidential.” The designations should be made on
24 the record whenever possible, but a witness or a party may designate portions of a
25 deposition “Confidential” by giving written notice of such designation to each party
26 no later than (30) thirty days following receipt of the deposition transcript.
4.

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Documents, deposition testimony, or answers to interrogatories

28 stamped “Confidential,” or copies or extracts therefrom, and compilations and
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[PROPOSED] PROTECTIVE ORDER

1 summaries thereof, and the information therein, may be given, shown, made
2 available to, or communicated in any way only:
a)

3

To the parties to this lawsuit who execute this Protective Order,

4 including such parties’ employees. Any other parties to this lawsuit who
5 subsequently demand any Confidential Information must execute this Protective
6 Order before such information may be disclosed to them by any person or party
7 subject to this Protective Order;
b)

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To litigation counsel of record of the parties to this lawsuit who

9 execute this Protective Order, including in-house counsel where applicable, or such

LLP

FREEMAN, FREEMAN & SMILEY,

1888 CENTURY PARK EAST, SUITE 1900
LOS ANGELES, CALIFORNIA 90067
[phone]

10 counsel’s respective members, associates, clerks and employees;
c)

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To court reporters, discovery referees and mediators hired in

12 connection with this litigation;
d)

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To independent experts or consultants who have been retained

14 and requested by counsel to furnish technical or expert services or to give technical
15 or expert testimony in connection with this action, provided that such expert or
16 consultant sign in advance an Attachment A of this Protective Order;
e)

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To the Court, provided that any party wishing to submit or file

18 any Confidential Information with the Court must provide ten days advance notice
19 to the other party of the intent to file such Confidential Information with the Court,
20 to allow the other party an opportunity to seek relief prior to such filing, if
21 appropriate, and provided that any party wishing to submit or file any Confidential
22 Information with the Court must follow the procedure set forth in Local Rule 79-5
23 of the U.S. District Court for the Central District of California. With respect to any
24 documents filed under seal or conditionally under seal, they may be reviewed by the
25 Court in camera at any time without request by any party or further order of the
26 Court;
f)

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subject to release or inspection only by order of the Court or

28 consent of the other party claiming confidentiality as to the particular material;
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[PROPOSED] PROTECTIVE ORDER

g)

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To such other persons as hereafter may be designated by written

2 stipulation of the parties filed with the Court or by further order of the Court; and
h)

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To any deponent during the course of such deponent’s deposition

4 in this action, provided that such deponent, if not a party to this action or
5 representative of a party who has executed this Protective Order, sign in advance an
6 Attachment A of this Protective Order.
5.

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Notwithstanding any other provisions of this Protective Order to the

8 contrary, the confidentiality obligations of this Protective Order shall not apply or
9 shall cease to apply to any information that:
a.

LLP

FREEMAN, FREEMAN & SMILEY,

1888 CENTURY PARK EAST, SUITE 1900
LOS ANGELES, CALIFORNIA 90067
[phone]

10

At the time of disclosure hereunder, was already in the public domain

11 by publication or otherwise or in the possession of the receiving party;
b.

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Since the time of disclosure hereunder, has properly become, through

13 no act or failure on the part of the receiving party, part of the public domain by
14 publication or otherwise; or
c.

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After disclosure hereunder, was acquired by the receiving party from a

16 third party lawfully possessing the same and having no obligation to the designating
17 party hereunder.
Nothing contained herein shall prevent any party from disclosing its own

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19 Confidential Information or information contained therein as it deems appropriate;
20 provided, however, that such disclosure shall not affect in any way the obligations
21 of persons receiving Confidential Information pursuant to this Protective Order.
6.

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If any document or information designated to be “Confidential”

23 pursuant to this Protective Order is used during the course of a deposition herein,
24 that portion of the deposition record reflecting such confidential information shall be
25 sealed and stamped with the designated degree of confidentiality upon request of
26 any party pursuant to Paragraph 3, and access thereto shall be limited pursuant to the
27 other terms of this Protective Order.
7.

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If, at any time during the pendency or trial of this action, counsel for
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[PROPOSED] PROTECTIVE ORDER

1 any party claims that counsel for any other party is unreasonably claiming certain
2 information to be confidential, objecting counsel may make an appropriate
3 application to this Court, with confidential portions thereof to be kept under seal,
4 requesting that specifically identified documents, information, and/or deposition
5 testimony be excluded from the provisions of this Protective Order or downgraded
6 in terms of the degree of protection provided.
8.

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The Court shall address the treatment at trial of documents, information

8 or testimony designated “Confidential” pursuant to this Protective Order, unless the
9 confidentiality of such information has been removed by agreement of counsel.
9.

LLP

FREEMAN, FREEMAN & SMILEY,

1888 CENTURY PARK EAST, SUITE 1900
LOS ANGELES, CALIFORNIA 90067
[phone]

10

Unless otherwise ordered or agreed in writing by the party designating

11 Confidential Information, after the final termination of this litigation, including any
12 appeals, if a designating party requests in writing the return or destruction of any or
13 all of its Confidential Information to the party that received such Confidential
14 Information, then, within twenty (20) business days of such request, the receiving
15 party must submit a written certification, under penalty of perjury, to the designating
16 party that all Confidential Information was returned or destroyed, including any
17 copies, abstracts, compilations, summaries or other forms of reproducing or
18 capturing any of the Confidential Information. Notwithstanding this provision,
19 outside counsel for the receiving party may retain an archival set of copies of
20 confidential information. Any such archival copies that contain or constitute
21 Confidential Information remain subject to this Protective Order.
10.

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If the designating party should fail to request from the receiving party

23 the return or destruction of Confidential Information as described in Paragraph 9,
24 above, the receiving party may notify the designating party that such material will
25 be destroyed unless, within twenty (20) business days of such notice, the designating
26 party requests that such material be returned to the designating party. In the event of
27 the receiving party’s destruction or return of such material under this proviso, the
28 receiving party shall provide the same certification to the designating party as
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[PROPOSED] PROTECTIVE ORDER

1 provided for in Paragraph 9, above.
11.

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The designation of matters as “Confidential” pursuant to this Protective

3 Order shall not constitute any admission or concession by the non-designating party,
4 or any finding or order by the Court, that the documents or information therein are
5 legally protectable proprietary information, intellectual property or trade secrets.
12.

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The parties acknowledge that this Protective Order was entered into to

7 facilitate the production of documents and information, and that the parties do not
8 waive any objection which they may have presently or which they may determine
9 they have in the future to object to the designation of any document or to object to

LLP

FREEMAN, FREEMAN & SMILEY,

1888 CENTURY PARK EAST, SUITE 1900
LOS ANGELES, CALIFORNIA 90067
[phone]

10 the nature of the restrictions which this Protective Order imposes on the parties.
11 Further, nothing herein shall prevent a party from seeking any change or
12 modification to this Protective Order, or foreclose any party from requesting any
13 further or additional protective orders.
13.

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This Protective Order shall be without prejudice to the right of any

15 party to oppose production of any information or to object to its admissibility into
16 evidence on any lawful ground.
14.

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This Protective Order shall not abrogate or diminish any party’s

18 contractual, statutory or other rights or obligation to maintain any information in
19 confidence, if any. The fact that a given item of information is or is not Confidential
20 Information within the meaning of this Protective Order shall not be admissible in
21 evidence or otherwise considered by the trier of fact in determining whether said
22 information is confidential or proprietary in any way.
15.

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To the extent that any confidential or protected information is

24 hereinafter admitted or placed into evidence, the Court may issue such additional
25 orders as may be needed to protect the confidentiality of the protected information
26 during or after trial. This Protective Order may not be modified or terminated, in
27 whole or in part, except by order of this Court (i) for good cause shown, or (ii) upon
28 written stipulation of the parties. This Protective Order shall survive and remain
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[PROPOSED] PROTECTIVE ORDER

1 operative following the termination of this action. The Court shall retain
2 jurisdiction to enforce or modify this Protective Order.
16.

3

Nothing in this Order shall prevent disclosure as required by law or

4 compelled by order of the Court. If a party is subpoenaed or receives other lawful
5 process or is ordered to produce Confidential Information, notice of such shall be
6 given within three calendar days to the party that produced the protected information
7 or to that party’s attorneys of record in this action.
17.

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In the event of a violation or threatened violation of this Protective

9 Order, the aggrieved party may immediately seek relief from the Court, as

LLP

FREEMAN, FREEMAN & SMILEY,

1888 CENTURY PARK EAST, SUITE 1900
LOS ANGELES, CALIFORNIA 90067
[phone]

10 appropriate, to prevent any party or non-party subject to the terms of this Protective
11 Order from violating or threatening to violate any terms of this Protective Order.
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[PROPOSED] PROTECTIVE ORDER

18.

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This Protective Order shall be binding on the parties hereto when

2 signed regardless of whether or when the Court enters an order hereon. In like
3 manner, this Protective Order shall be binding on all non-parties when said non4 parties sign Attachment A of this Protective Order.
5
SUBMISSION TO COURT

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The Parties agree to submit this Protective Order to the Court for adoption as

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8 an order of the Court. The Parties reserve the right to seek, upon good cause,
9 modification of this Protective Order by the Court.

LLP

FREEMAN, FREEMAN & SMILEY,

1888 CENTURY PARK EAST, SUITE 1900
LOS ANGELES, CALIFORNIA 90067
[phone]

10 IT IS SO ORDERED.
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13 DATED: September 26, 2013
Honorable Michael R. Wilner
United States Magistrate Judge

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[PROPOSED] PROTECTIVE ORDER

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ATTACHMENT A

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NONDISCLOSURE AGREEMENT

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I, ____________________, do solemnly swear that I am fully familiar with

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5 the terms of the Stipulated Protective Order entered in the matter before the U.S.
6 District Court for the Central District of California entitled North of England
7 Protecting and Indemnity Association Limited et al. vs. Tesoro Refining and
8 Marketing Company, LLC, Case No. CV13-00956-BRO-MRWx, and hereby agree
9 to comply with and be bound by the terms and conditions of said Order unless and

LLP

FREEMAN, FREEMAN & SMILEY,

1888 CENTURY PARK EAST, SUITE 1900
LOS ANGELES, CALIFORNIA 90067
[phone]

10 until modified by further Order of this Court. I hereby consent to the jurisdiction of
11 said Court for the purposes of enforcing this order.
12
13 Dated:

Signed:

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[PROPOSED] PROTECTIVE ORDER