v. Yaiguaje

Filing 86

ORDER by Judge Charles R. Breyer denying 76 Motion for Order to Show Cause. (crblc1S, COURT STAFF) (Filed on 8/18/2011)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

United States District Court
For the Northern District of California

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In re Application of:
Daniel Carlos Lusitand Yaiguaje, et al.

No. C 10-80324 CRB
ORDER DENYING APPLICATION
FOR ORDER TO SHOW CAUSE

Applicants,

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For the Issuance of Subpoenas for the Taking
of Depositions and the Production of
15 Documents in a Foreign Proceeding Pursuant
to 28 U.S.C. § 1782.
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The Court has reviewed the Application by the Ecuadorian Plaintiffs for an Order to
Show Cause why the Court should not (A) find that all claims of privilege over the
documents discussed in the Court’s August 5, 2011 Order were waived by Chevron’s
disclosure of that Order to the media; (B) dissolve the Protective Order governing disclosure
of the Borja documents; and (C) find Chevron in contempt of Court for disclosing to the
media an under seal Order. See dkts.76, 77. The Court has also reviewed all of the filings by
the parties in connection with that Application. See dkts. 78-85. The Court finds that the
Application lacks merit. The evidence submitted supports Chevron’s contention that its
disclosure to the media took place on August 5, 2011, when Chevron “understood that the
order had been filed on the public record and was publicly available,” and that, upon learning
of the Order’s removal from PACER, Chevron has not disclosed it again. See dkt. 83 ¶ 3,
Ex. A. The Application is therefore DENIED.

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The Court erred by initially filing the August 5, 2011 Order on the public docket. The

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disclosure of the Order, and the emails discussed within it, is therefore neither party’s fault,

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and does not constitute a waiver of any privilege.

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IT IS SO ORDERED.

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CHARLES R. BREYER
UNITED STATES DISTRICT JUDGE

Dated: August 18, 2011

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United States District Court
For the Northern District of California

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G:\CRBALL\2010\80324\order denying app for osc.wpd

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