Albee v. Continental Tire North America, et al.

Filing 254

ORDER signed by Magistrate Judge Edmund F. Brennan on 7/25/2011 GRANTING in part and DENYING in part 243 Motion to Intervene. (Michel, G)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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DONALD HAYES ALBEE,
Plaintiff,

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No. CIV S-09-1145 LKK EFB

vs.
CONTINENTAL TIRE NORTH AMERICA,
FORD MOTOR COMPANY, INC.,

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Defendants.
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ORDER
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On July 20, 2011, the court heard a motion to intervene to modify this court’s August 24,

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2009 protective order, Dckt. No. 39 (the “Protective Order”). Dckt. No. 243. The prospective

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intervenor is the plaintiff in Dongdong Huang v. Continental Tire the Americas, LLC,

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2:10-cv-12598-ADT-PJK (E.D. Mich.) (“Huang”). Attorney Anthony Latiolait appeared on

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behalf of defendant Continental Tire North America (“CTNA”); attorney John Gsanger appeared

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on behalf of the Huang plaintiff. After the July 20, 2011 hearing, CTNA and the Huang plaintiff

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each filed a proposed order purportedly in conformance with the court’s rulings at the July 20

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hearing. Dckt. Nos. 252, 253.

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As stated on the record, and for the reasons stated on the record at the hearing, the motion

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to intervene for the limited purpose of modifying the Protective Order, Dckt. No. 243, is granted

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in part and denied in part, as provided below. This ruling is not intended to, and does not,
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address the discoverability or admissibility of any materials in the Huang case, and merely

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modifies the terms of access and use of materials designated confidential under the Protective

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Order. Other than the modifications provided herein, the Protective Order is unmodified in all

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other respects and shall remain in full force and effect.

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The Protective Order, Dckt. No. 39, is modified as follows:

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1. Counsel for plaintiff in Dongdong Huang v. Continental Tire the Americas, LLC,

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2:10-cv-12598-ADT-PJK (E.D. Mich.), may use Confidential Documents subject to the

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Protective Order and/or information contained therein for the limited purpose of seeking the

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discovery of such documents in Huang.

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2. In making such use of Confidential Documents or information as provided in

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paragraph 1 above, counsel for plaintiff in Huang may disclose Confidential Documents or

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information to the following persons: (1) the Huang court and court personnel; (2) the named

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counsel of record for all parties in Huang and their employees; and (3) plaintiff’s expert in

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Huang.

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3. Counsel shall comply with paragraph IV of the Protective Order and all provisions of

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the protective order entered in Huang requiring that Confidential Documents be filed under seal,

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unless an alternative procedure for submitting the Confidential Documents in a confidential

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manner in Huang is set forth by the Huang court.

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SO ORDERED.
DATED: July 25, 2011.

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