Oyster Incorporated et al v. Equilon Enterprises, LLC et al
Filing
24
ORDER GRANTING 23 Joint MOTION for Protective Order. Signed by Judge Jeffrey S. White on 8/29/11. (jjoS, COURT STAFF) (Filed on 8/29/2011)
Case3:11-cv-01969-JSW Document23
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
Filed08/26/11 Page1 of 15
WILSON TURNER KOSMO LLP
Robin A. Wofford (137919)
Hubert Kim (204957)
Jocelyn D. Hannah (224666)
550 West C Street, Suite 1050
San Diego, California 92101
Telephone: (619) 236-9600
Facsimile: (619) 236-9669
E-mail: rwofford@wilsonturnerkosmo.com
E-mail: hkim@wilsonturnerkosmo.com
E-mail: jhannah@wilsonturnerkosmo.com
Attorneys for Defendant EQUILON ENTERPRISES LLC,
dba SHELL OIL PRODUCTS US
Thomas P. Bleau, Esq., SBN 152945
Gennady L. Lebedev, Esq., SBN 179945
Megan A. Childress, Esq., SBN 266926
BLEAU FOX, A P.L.C.
3575 Cahuenga Boulevard West, Suite 580
Los Angeles, California 90068
Telephone: (323) 874-8613
Facsimile: (323) 874-1234
E-mail: bleaushark@aol.com
E-mail: glebedev@bleaufox.com
E-mail: mchildress@bleaufox.com
Attorneys for Plaintiffs OYSTER INCORPORATED,
EDWARDS & ANDERSON, INC., AMSIA
MANAGEMENT CORPORATION, HASSAN
EGHDAMI, JOSEPH FAZIO, HAMPTON'S SERVICE,
INC., CBK INC., JONTS GASMART, INC., PREMIUM
AUTO-TECH INC., JAMES LIN, HUNG TRINH, VTH
RESOURCES, INC., WILL Y. WONG and SD TEK INC.
18
UNITED STATES DISTRICT COURT
19
NORTHERN DISTRICT OF CALIFORNIA
20
SAN FRANCISCO DIVISION
21
22
23
24
25
26
27
28
OYSTER INCORPORATED, a California
Case No. CV 11-01969 JSW
corporation; EDWARDS & ANDERSON, INC.
a California corporation; AMSIA
STIPULATION FOR PROTECTIVE
MANAGEMENT CORPORATION, a California ORDER AND [PROPOSED] ORDER
corporation; HASSAN EGHDAMI, an
THEREON
individual; JOSEPH FAZIO, an individual;
HAMPTON'S SERVICE, INC., a California
Complaint Filed: March 21, 2011
corporation; CBK INC., a California corporation;
JONTS GASMART, INC., a California
corporation; PREMIUM AUTO-TECH INC., a
Courtroom: 11
California corporation; JAMES LIN, an
Judge:
Jeffrey S. White
individual; HUNG TRINH, an individual; VTH
Trial Date: Not Set
RESOURCES, INC., a California corporation;
WILL Y. WONG, an individual; and SD TEK
INC., a California corporation,
1
Case No. CV 11-01969 JSW
STIPULATION FOR PROTECTIVE ORDER AND [PROPOSED] ORDER THEREON
Case3:11-cv-01969-JSW Document23
1
2
3
4
5
Filed08/26/11 Page2 of 15
Plaintiffs,
v.
EQUILON ENTERPRISES, LLC, a Delaware
limited liability company, SOUTHERN
COUNTIES OIL CO., a California Limited
Partnership, and DOES 1 through 100, Inclusive,
Defendants.
6
7
8
Upon agreement of counsel for Defendant Equilon Enterprises LLC, dba Shell Oil Products
9
US (“Equilon”) and Plaintiffs Oyster Incorporated, Edwards & Anderson, Inc., Amsia Management
10
Corporation, Hassan Eghdami, Joseph Fazio, Hampton’s Service, Inc., CBK Inc., Jonts Gasmart,
11
Inc., Premium Auto-Tech Inc., James Lin, Hung Trinh, VTH Resources, Inc., Will Y. Wong and SD
12
Tek Inc. (collectively, “Plaintiffs”), and deeming it just and proper to do so, IT IS HEREBY
13
ORDERED that:
14
1.
This Protective Order shall govern the use and dissemination of all information,
15
documents, and/or materials as may be produced by the parties and/or admitted into evidence during
16
deposition or trial within the above-captioned action (the “Action”).
17
2.
Discovery in this Action has resulted in disclosure of certain confidential and
18
proprietary information and trade secrets. In addition, before discovery is complete in this Action,
19
the parties anticipate additional disclosure of trade secrets, confidential research, development or
20
commercial information, proprietary materials including manuals, business strategies, financial data,
21
client and vendor information, marketing plans, employee and salary information, computer software
22
programs, and other confidential, proprietary or non-public business, technical, employee, and
23
financial information as is contemplated by Federal Rule of Civil Procedure 26(c)(G). This
24
Protective Order shall govern the production in this Action of all documents or other information
25
through formal discovery procedures, including, without limitation, documents in written or
26
electronic form produced as initial disclosures, in response to requests for production of documents,
27
answers to special interrogatories, requests for admission, and deposition or other oral testimony
28
(collectively “Discovery Materials”). These Discovery Materials may include but shall not be
2
Case No. CV 11-01969 JSW
STIPULATION FOR PROTECTIVE ORDER AND [PROPOSED] ORDER THEREON
Case3:11-cv-01969-JSW Document23
Filed08/26/11 Page3 of 15
1
limited to: correspondence, memoranda, notes, deposition transcripts and exhibits, business plans,
2
training materials, policies and procedures, financial records, proposals, strategic plans, personnel
3
records, marketing materials, third-party contracts, income tax returns, sales invoices and other sales
4
information. Based on the confidential nature of the documents that have been and will be produced
5
in this Action, which contain information that would be valuable to Equilon’s and Plaintiffs’
6
competitors, good cause exists for the issuance of this Protective Order.
7
3.
This Protective Order is entered solely for the purpose of facilitating the exchange of
8
documents and information between the parties to this Action without involving the Court
9
unnecessarily in the process. Nothing in this Protective Order or the production of any information
10
or documents under the terms of this Protective Order or any proceedings pursuant to this Protective
11
Order shall be deemed to have the effect of an admission or waiver by either party on the merits of
12
this Action or as to any objection to any discovery request.
13
4.
Nothing in this Protective Order shall be deemed to restrict in any manner the use by
14
any party of its own information contained in its own documents and materials, regardless of
15
whether such documents are designated Confidential by a Producing Party or any other party, except
16
to the extent that materials designated by a Producing Party as Confidential Information in this
17
Action, but which were obtained by another party to the Action (“Receiving Party”) prior to the
18
execution of this Protective Order, shall be treated as Confidential Information by the Receiving
19
Party and shall be subject to the terms of this Protective Order herein.
20
21
22
23
24
25
26
27
5.
The term “counsel” or “attorney” shall mean outside counsel of record, and other
attorneys, paralegals, secretaries, and other support staff employed in the law firms identified below:
WILSON TURNER KOSMO LLP
550 West C Street, Suite 1050
San Diego, California 92101
BLEAU FOX, A P.L.C.
3575 Cahuenga Boulevard West, Suite 580
Los Angeles, California 90068
“Counsel” or “attorney” shall also include in-house attorneys for Equilon, as well as any
other counsel retained in this Action in the future.
28
3
Case No. CV 11-01969 JSW
STIPULATION FOR PROTECTIVE ORDER AND [PROPOSED] ORDER THEREON
Case3:11-cv-01969-JSW Document23
1
2
Filed08/26/11 Page4 of 15
CONFIDENTIAL INFORMATION:
6.
Any document, thing, material, testimony, or other information derived therefrom,
3
and any other form of evidence which, in the good-faith opinion of the party providing such
4
discovery material (“Producing Party”), contains any trade secret or other confidential or proprietary
5
information or any information that involves privacy concerns regarding any third party, any party or
6
the employee, officer, director or representative of a party may be designated by the Producing Party
7
as “CONFIDENTIAL INFORMATION.” Such Confidential Information includes, but is not limited
8
to, documents reflecting the parties’ and third parties’ financial condition, brokers’ opinions of
9
value, documents pertaining to Equilon’s internal valuations of retail sites and other assets,
10
documents pertaining to third parties’ valuations of Equilon’s retail sites and other assets,
11
documents pertaining to Equilon’s marketing plans and programs, documents relating to Equilon’s
12
strategic plan to divest itself of retail locations, documents pertaining to the negotiation of
13
transactions to sell Equilon’s real property and other assets, third party offers to purchase Equilon’s
14
retail sites and other assets, customer lists and account numbers, profit and loss statements for the
15
subject petroleum marketing premises, vendor lists and retailer credit information. Confidential
16
Information, designated as such in accordance with this Protective Order, shall be used by the party
17
who has propounded the discovery request seeking the Confidential Information (“Requesting
18
Party”) only for the purposes of preparation of this matter for trial and may be disclosed or made
19
available only to persons specified in Paragraph 9 herein.
20
21
22
7.
Confidential Information may be identified and made subject to this Protective Order
as follows:
(a)
With respect to documents or copies of documents provided by one party to
23
the other, by marking the initial page and any page or pages upon which any Confidential
24
Information appears with the legend “CONFIDENTIAL – SUBJECT TO PROTECTIVE ORDER.”
25
(b)
Testimony or information disclosed at a deposition, conference or hearing
26
may be designated by a party as Confidential Information by indicating on the record at the
27
deposition, conference or hearing the specific testimony which contains Confidential Information
28
that is to be made subject to the provisions of this Protective Order. Alternatively, a party may
4
Case No. CV 11-01969 JSW
STIPULATION FOR PROTECTIVE ORDER AND [PROPOSED] ORDER THEREON
Case3:11-cv-01969-JSW Document23
Filed08/26/11 Page5 of 15
1
designate testimony or information disclosed at a deposition or other proceeding as Confidential
2
Information by notifying all parties in writing within thirty (30) days of receipt of the transcript (or
3
within a shorter time as agreed by the parties in the event the deposition transcript or information
4
cannot be received thirty (30) days prior to a hearing or conference, at which a party intends to use
5
the transcript or information), of the specific pages and lines of the transcripts that are to be
6
designated Confidential Information. Each party shall attach a copy of such written statement to the
7
face of the transcript and each copy thereof in its possession, custody or control. Whether or not
8
designation is made at the time of a deposition or other proceeding, all depositions or other
9
transcripts shall be treated as Confidential Information from the taking of the deposition or other
10
proceeding until within thirty (30) days of receipt of the transcript (or within a shorter time as agreed
11
by the parties in the event the deposition transcript or information cannot be received thirty (30) days
12
prior to a hearing, or conference at which a party intends to use the transcript or information), or
13
until receipt of the notice referred to in this paragraph, whichever occurs sooner.
14
(c)
In the case of responses to interrogatories, responses to other discovery
15
requests, affidavits, briefs, memoranda or other papers filed with the Court, information contained
16
therein may be designated as Confidential Information by prominently marking such papers
17
“CONFIDENTIAL”;
18
(d)
Tangible objects may be designated as Confidential Information by affixing to
19
the object or its container a label or tag marked “CONFIDENTIAL – SUBJECT TO PROTECTIVE
20
ORDER.”
21
8.
Notwithstanding the foregoing, any employee, agent, advisor, representative or
22
person affiliated with a party who is not qualified to receive Confidential Information under
23
Paragraph 9 herein may attend a deposition or other proceeding at which Confidential Information
24
may be disclosed. In such event, a party seeking to designate Confidential Information must
25
designate the specific testimony or information containing Confidential Information by indicating on
26
the record at the deposition or other proceeding that such Confidential Information is subject to the
27
provisions of this Protective Order. The party making such designation shall have the right to
28
5
Case No. CV 11-01969 JSW
STIPULATION FOR PROTECTIVE ORDER AND [PROPOSED] ORDER THEREON
Case3:11-cv-01969-JSW Document23
Filed08/26/11 Page6 of 15
1
exclude such persons from the deposition or other proceeding only during the period any
2
Confidential Information is disclosed or discussed.
3
4
9.
Confidential Information produced pursuant to this Protective Order to Requesting
Party may be disclosed or made available by that party only to:
5
(a)
The Requesting Party (and their officers, directors, managing agents or other
6
representatives who are engaged in or are assisting in the preparation of this Action for trial or other
7
resolution, except as otherwise provided herein), provided that it has executed this Protective Order;
8
9
(b)
The Court and its officers, any special master, referee or mediator authorized
to act in this proceeding;
10
(c)
Counsel of record in this Action and their employees or employee equivalents
11
(e.g., contract paralegals, copy vendors, etc.) who are assisting counsel in the preparation of this
12
Action for trial or other resolution;
13
(d)
Independent experts or consultants retained by counsel or the Requesting
14
Party with respect to preparation of this Action for trial or other resolution, and their employees or
15
employee equivalents who are assisting such experts or consultants with respect to the preparation of
16
this Action for trial or other resolution;
17
(e)
Court reporters and their staff, to the extent necessary to perform their duties;
18
(f)
A witness at any deposition or other proceeding in this Action; and
19
(g)
Any other person to whom the parties agree in writing.
20
10.
With respect to material being designated “CONFIDENTIAL” or “CONFIDENTIAL
21
– FOR ATTORNEYS’ EYES ONLY,” any person indicated on the face of the document to be its
22
originator, author or a recipient of a copy thereof may be shown the same.
23
24
ATTORNEYS’ EYES ONLY:
11.
Any Producing Party may further designate certain discovery material or testimony
25
which contains financial information and/or corporate ownership information of a highly
26
confidential and/or proprietary nature or employee information of a highly confidential or private
27
nature such as employee disciplinary matters, salary information and/or other private information as
28
“ATTORNEYS’ EYES ONLY” in the manner described in paragraphs 1 through 7, above, except
6
Case No. CV 11-01969 JSW
STIPULATION FOR PROTECTIVE ORDER AND [PROPOSED] ORDER THEREON
Case3:11-cv-01969-JSW Document23
Filed08/26/11 Page7 of 15
1
that the applicable legend for such information shall be: “ATTORNEYS’ EYES ONLY –
2
SUBJECT TO PROTECTIVE ORDER.” Attorneys’ Eyes Only Material, and the information
3
contained therein, shall be disclosed only to the Court, counsel for the Requesting Party (including
4
the paralegal, clerical, and secretarial staff employed by such counsel) to the above-captioned
5
litigation, and other persons identified in Paragraphs 9(d) and (e), above, and, if the witness is the
6
drafter of the documents or an employee of the producing party, Paragraph 9(f), above, but shall not
7
be disclosed to the Requesting Party itself, or to an officer, director or employee of Requesting
8
Party, or anyone else unless otherwise agreed to in writing or ordered. The procedures regarding
9
disclosure of Confidential Material at a deposition set forth in Paragraph 7(b) shall apply to
10
Discovery Material designated under this paragraph.
11
12
GENERAL PROVISIONS:
12.
Material designated under this Protective Order, the information contained therein,
13
and any summaries, copies, abstracts, or other documents derived in whole or in part from
14
designated Confidential or Attorneys’ Eyes Only Information, shall be used only for the purpose of
15
the prosecution, defense, or settlement of this Action, and for no other purpose.
16
13.
Each party or non-party that designates information or items for protection under this
17
Order (“Designating Party”) must take care to limit any such designation to specific material that
18
qualifies under the appropriate standards. The Designating Party must designate for protection
19
only those parts of material, documents, items, or oral or written communications that qualify so
20
that other portions of the material, documents, items, or communications for which protection is
21
not warranted are not swept unjustifiably within the ambit of this Protective Order. Mass,
22
indiscriminate, or routinized designations are prohibited. Designations that are shown to be
23
clearly unjustified or that have been made for an improper purpose (e.g., to unnecessarily
24
encumber or retard the case development process or to impose unnecessary expenses and burdens on
25
other parties) expose the Designating Party to sanctions. If it comes to a Designating Party’s
26
attention that information or items that it designated for protection do not qualify for
27
protection, that Designating Party must promptly notify all other parties that it is withdrawing the
28
mistaken designation.
7
Case No. CV 11-01969 JSW
STIPULATION FOR PROTECTIVE ORDER AND [PROPOSED] ORDER THEREON
Case3:11-cv-01969-JSW Document23
1
2
14.
Filed08/26/11 Page8 of 15
A copy of this Protective Order shall be served with any subpoena or deposition
notice compelling the production of documents or information from any third party.
3
15.
A condition precedent to disclosure of any Confidential or Attorneys’ Eyes Only
4
Information to any experts or consultants as provided for in Paragraph 9(d) or any Confidential
5
Information to any witness provided for pursuant to Paragraph 9(f) or the person whom the parties
6
agree may receive information under Paragraph 9(g) is that person must: (a) acknowledge receipt of
7
this Protective Order; (b) agree to be bound thereby; (c) agree to use such information and materials
8
solely for this litigation; (d) agree not to disclose any such information or materials to any other
9
person, firm, or concern; and (e) agree never to use the information, directly or indirectly, in
10
competition with the party that disclosed it nor allow any other person to do so.
11
16.
Each expert or consultant to whom Confidential or Attorneys’ Eyes Only Information
12
is to be provided pursuant to Paragraph 9(d), each witness to whom Confidential Information is to be
13
provided pursuant to Paragraph 9(f) and each person to whom the parties may agree pursuant to
14
Paragraph 9(g) shall execute a declaration acknowledging the foregoing in the form set forth as
15
follows:
16
AGREEMENT TO COMPLY WITH PROTECTIVE ORDER
17
I declare under penalty of perjury under the laws of the United States of America and the
18
State of California that I have read and agree to comply with and be bound by the terms of the
19
Protective Order entered in Oyster Incorporated, et al. v. Equilon Enterprises LLC, et al., United
20
States District Court for the Northern District of California, Case No. CV 11-01969 JSW.
21
22
I hereby consent to the jurisdiction of said Court for purposes of enforcing this Order.
Date:
Signature
23
24
25
26
Print Name
17.
Counsel for the party obtaining a person’s signature pursuant to the form described in
Paragraph 16 shall retain the original signed and dated acknowledgment.
27
28
8
Case No. CV 11-01969 JSW
STIPULATION FOR PROTECTIVE ORDER AND [PROPOSED] ORDER THEREON
Case3:11-cv-01969-JSW Document23
1
18.
Filed08/26/11 Page9 of 15
The parties acknowledge that in this Action certain third party witnesses may produce
2
documents, things, materials, testimony, or other information derived therefrom, and any other form
3
of evidence, which the parties and/or the third party producing such materials may consider to be
4
Confidential or Attorneys’ Eyes Only Information. Accordingly, the parties and/or the producing
5
third party may designate such materials as Confidential or Attorneys’ Eyes Only Information in a
6
manner consistent with the terms of this Protective Order. The provisions of this Protective Order
7
shall also apply with regard to the handling, use, filing and dissemination of such third party
8
Confidential or Attorneys’ Eyes Only Information.
9
19.
If another court or administrative agency subpoenas or orders production of
10
Confidential or Attorneys’ Eyes Only Information that a party has obtained under the terms of this
11
Protective Order such party shall, if there are fewer than ten (10) days to comply, within two (2)
12
days, if possible, or immediately, if not, or if there are more than ten (10) days to comply, at least
13
seven (7) court days prior to the due date for compliance, notify the Producing Party of the pendency
14
of the subpoena, public records request, or order, in writing, and shall not produce the designated
15
information until the Producing Party has taken appropriate steps to protect the material unless
16
required to disclose the material on terms and conditions other than set forth in this Paragraph by any
17
applicable court order or law. It shall be the responsibility of the Producing Party to obtain relief
18
from the subpoena, public records request, or order prior to the date of compliance, and, to give the
19
Producing Party an opportunity to obtain such relief, the party from whom the information is sought
20
shall not make the disclosure before the actual due date of compliance set forth in the subpoena,
21
public records request, or other order.
22
20.
Subject to public policy, further Court order and the Local Rules of the United States
23
District Court for the Northern District of California, no document may be filed under seal, i.e.,
24
closed to inspection by the public, except pursuant to a Court order that authorizes the sealing of the
25
particular document, or portions thereof. Pursuant to Civil Local Rule 79-5, a sealing order may
26
issue only upon a request that establishes that the document, or portions thereof, is privileged or
27
protectable as a trade secret or otherwise entitled to protection under the law (hereinafter referred to
28
9
Case No. CV 11-01969 JSW
STIPULATION FOR PROTECTIVE ORDER AND [PROPOSED] ORDER THEREON
Case3:11-cv-01969-JSW Document23
Filed08/26/11 Page10 of 15
1
as “sealable”). The request must be narrowly tailored to seek sealing only of sealable material, and
2
must conform with Civil Local Rule 79-5(b) or (c).
3
21.
Notwithstanding anything to the contrary in the foregoing Paragraph 20, if a party
4
wishes to file a document that has been designated Confidential or Attorneys’ Eyes Only
5
Information by another party pursuant to this Protective Order, or if a party wishes to refer in a
6
memorandum or other filing to information so designated by another party, the submitting party
7
must file and serve an Administrative Motion for a sealing order and lodge the document,
8
memorandum or other filing in accordance with Civil Local Rule 79-5(d). If only a portion of the
9
document, memorandum or other filing is sealable, the submitting party must also lodge with the
10
Court a redacted version of the document, memorandum or other filing to be placed in the public
11
record if the Court approves the requested sealing order. The document shall be titled to show that it
12
corresponds to an item filed under seal, e.g., “Redacted Copy of Sealed Declaration of John Smith in
13
Support of Motion for Summary Judgment.” Within seven (7) days thereafter, the Designating Party
14
must file with the Court and serve a declaration establishing that the designated information is
15
sealable, and must lodge and serve a narrowly tailored proposed sealing order, or must withdraw the
16
designation of confidentiality. If the Designating Party does not file its responsive declaration as
17
required by Civil Local Rule 79-5(d), the document or proposed filing will be made part of the
18
public record.
19
22.
All documents and materials filed with the Court in matters related to discovery
20
motions or proceedings, including, but not limited to, deposition transcripts, exhibits, discovery
21
responses, briefs or memoranda, which comprise or contain Confidential or Attorneys’ Eyes Only
22
Information shall be filed with the Court in sealed envelopes or other appropriately sealed
23
containers, complying with all applicable rules of Court, on which shall be endorsed the title of this
24
Action, an indication of the nature of the contents, the identity of the party filing the materials, the
25
phrase “CONFIDENTIAL,” and a statement the materials in the sealed envelope or container are
26
“TO BE FILED UNDER SEAL PURSUANT TO COURT ORDER IN THIS ACTION DATED
27
_____________.”
28
10
Case No. CV 11-01969 JSW
STIPULATION FOR PROTECTIVE ORDER AND [PROPOSED] ORDER THEREON
Case3:11-cv-01969-JSW Document23
1
23.
Filed08/26/11 Page11 of 15
In all matters other than discovery motions or proceedings, the party seeking to
2
submit Confidential or Attorneys’ Eyes Only Information will lodge any documents or materials
3
which comprise or contain Confidential or Attorneys’ Eyes Only Information with the Court in
4
sealed envelopes or other appropriately sealed containers, complying with all applicable Local
5
Rules, on which shall be endorsed the title of this Action, an indication of the nature of the contents,
6
the identity of the party filing the materials, the phrase “CONFIDENTIAL,” and a statement the
7
materials in the sealed envelope or container are “LODGED CONDITIONALLY UNDER SEAL
8
PURSUANT TO COURT ORDER IN THIS ACTION DATED ______________.”
9
24.
Confidential or Attorneys’ Eyes Only Information obtained from a Producing Party
10
pursuant to pretrial discovery in this Action, may be used and disclosed only for purposes of this
11
Action. No person or party shall make any other use of any such Information, including, but not
12
limited to, use for commercial or competitive purposes or use in any other legal proceeding, except
13
as permitted by a Court order. All Confidential Information shall be held in confidence by those
14
inspecting or receiving it. Counsel for each party, and each person receiving Confidential
15
Information, shall take reasonable precautions to prevent the unauthorized or inadvertent disclosure
16
of such information. If Confidential Information is disclosed to any person other than a person
17
authorized by this Order, the party responsible for the unauthorized disclosure must immediately
18
bring all pertinent facts relating to the unauthorized disclosure to the attention of the other parties
19
and, without prejudice to any rights and remedies of the other parties, make every effort to prevent
20
further disclosure by the party and by the person(s) receiving the unauthorized disclosure.
21
25.
Nothing herein shall be construed as an agreement or admission: (a) that any
22
information, document or the like, designated as Confidential or Attorneys’ Eyes Only Information
23
is in fact confidential or a trade secret; (b) with respect to the competency, relevance, materiality, or
24
admissibility of any such information, document or the like; (c) that any document or information is
25
subject to production.
26
26.
At any stage of these proceedings, any party may object to a designation of the
27
materials as Confidential Information or Attorneys’ Eyes Only Information. The party objecting to
28
the designation (“Challenging Party”) shall notify counsel for the Designating Party and identify in
11
Case No. CV 11-01969 JSW
STIPULATION FOR PROTECTIVE ORDER AND [PROPOSED] ORDER THEREON
Case3:11-cv-01969-JSW Document23
Filed08/26/11 Page12 of 15
1
writing with reasonable specificity, the objected-to materials and the grounds for the objection. The
2
parties shall attempt to resolve any such dispute by holding a conference of counsel in the manner
3
specified in Civil Local Rule 37-1. If the dispute is not resolved by stipulation between the parties
4
within ten (10) business days of receipt of such a notice of objections, the objecting party may
5
challenge the designation through an application to the Court for a determination of the issue. The
6
burden of persuasion in any such challenge proceeding shall be on the Designating Party.
7
Frivolous challenges, and those made for an improper purpose (e.g., to harass or impose
8
unnecessary expenses and burdens on other parties) may expose the Challenging Party to sanctions.
9
Unless the Designating Party has waived the confidentiality designation by failing to file a motion
10
to retain confidentiality as described above, all parties shall continue to treat the material as
11
Confidential Information or Attorneys’ Eyes Only Information, as designated by the Designated
12
Party, until the Court rules on the challenge or the matter has otherwise been resolved.
13
27.
The inadvertent or unintentional failure by a Producing Party to designate specific
14
documents or materials as containing Confidential or Attorneys’ Eyes Only Information shall not be
15
deemed a waiver in whole or in part of a party’s claim of confidentiality as to such documents or
16
materials. Upon notice to the receiving party of such failure to designate, the receiving party shall
17
cooperate to restore the confidentiality of the inadvertently disclosed information, without prejudice.
18
28.
Nothing herein shall prevent disclosure beyond the terms of this Protective Order if
19
the Producing Party consents in writing to such disclosure, or if the Court, after notice to all affected
20
parties, orders such disclosure.
21
29.
Upon final termination of this Action, including any and all appeals, counsel for each
22
party shall, upon request of the Producing Party, return all Confidential or Attorneys’ Eyes Only
23
Information to the Producing Party, including any copies, excerpts, and summaries thereof, or shall
24
destroy same at the option of the producing party, and shall purge all such information from all
25
machine-readable media on which it resides. Notwithstanding the foregoing, counsel for each party
26
may retain all pleadings, briefs, memoranda, motions, and other documents filed with the Court that
27
refer to or incorporate Confidential or Attorneys’ Eyes Only Information, and will continue to be
28
bound by this Protective Order with respect to all such retained information. Further, attorney work
12
Case No. CV 11-01969 JSW
STIPULATION FOR PROTECTIVE ORDER AND [PROPOSED] ORDER THEREON
Case3:11-cv-01969-JSW Document23
Filed08/26/11 Page13 of 15
1
product materials that contain Confidential or Attorneys’ Eyes Only Information need not be
2
destroyed, but if they are not destroyed, the person in possession of the attorney work product will
3
continue to be bound by this Protective Order with respect to all such retained information.
4
30.
The restrictions and obligations herein shall not apply to any information that: (a) the
5
parties agree should not be designated as Confidential or Attorneys’ Eyes Only Information; (b) the
6
parties agree, or the Court rules, is already public knowledge; (c) the parties agree, or the Court
7
rules, has become public knowledge other than as a result of disclosure by the receiving party, its
8
employees, or its agents in violation of this Protective Order; or (d) has come or shall come into the
9
receiving party’s legitimate knowledge independently of the production by the Designating Party.
10
11
Prior knowledge must be established by pre-production documentation.
31.
The restrictions and obligations herein shall not be deemed to prohibit discussions of
12
any Confidential or Attorneys’ Eyes Only Information with anyone if that person already has or
13
obtains legitimate possession thereof.
14
32.
Transmission by facsimile is acceptable for all notification purposes herein.
15
33.
This Protective Order may be modified by agreement of the parties, subject to
16
17
approval by the Court.
34.
This Protective Order has been entered into by the parties to facilitate discovery and
18
production of relevant evidence in this Action. Neither the entry into this Protective Order nor the
19
designation of any information or document, nor the failure to make such designation shall constitute
20
evidence with respect to any issue in this Action.
21
35.
This Protective Order is without prejudice to the right of the parties to this litigation
22
to seek relief from the Court, upon good cause shown, from any of the restrictions provided above or
23
to impose additional restrictions on the disclosure of any information or material produced.
24
36.
Notwithstanding the provisions of this Protective Order, counsel for Equilon and
25
Plaintiffs agree that documents which were previously produced by Equilon to Plaintiffs’ counsel in
26
the matters known as (1) Shahriar Almasi, et al. v. Equilon Enterprises LLC (U.S.D.C. - Northern
27
District of California Case No. 10-CV-03458 EJD), (2) Barja, Inc., et al. v. Equilon Enterprises LLC
28
(U.S.D.C. - Central District of California Case No. CV 10-06936 ODW (PLAx)) and (3) G5
13
Case No. CV 11-01969 JSW
STIPULATION FOR PROTECTIVE ORDER AND [PROPOSED] ORDER THEREON
Case3:11-cv-01969-JSW Document23
Filed08/26/11 Page14 of 15
1
Ventures, Inc., et al. v. Equilon Enterprises LLC (California Superior Court, County of Orange Case
2
No. 30-2010-00376445) (collectively, the “Prior Lawsuits”) need not be produced again in this
3
Action. Instead, Equilon and Plaintiffs may use such previously produced materials in the Action as
4
though they were originally produced in the Action. However, counsel for Equilon and Plaintiffs
5
further agree that to the extent the parties to the Action intend to use materials in the Action which
6
were previously designated by Equilon as Confidential and/or Attorneys’ Eyes Only in the Prior
7
Lawsuits, such materials shall retain their original Confidential and/or Attorneys’ Eyes Only
8
designations in accordance with the terms of the Protective Orders issued in each respective Prior
9
Lawsuit.
10
37.
Confidential information or documents shall remain subject to this Protective Order
11
only through the commencement of trial. Accordingly, the procedures for filing Confidential
12
documents and information as set forth in this Protective Order shall not apply to the introduction or
13
presentation of evidence at the trial of this matter. However, to the extent any party seeks to
14
maintain the confidentiality of Confidential and Attorneys’ Eyes Only Information at the time of
15
trial, such party shall file an application with the Court to maintain the confidentiality of such
16
materials upon a showing of good cause.
17
38.
Any motion to return documents filed under seal pursuant to this Protective Order
18
must be made prior to the commencement of trial, the entry of dismissal or, where the Court has
19
issued an order maintaining certain documents under seal upon an application by a party showing
20
good cause, prior to final judgment.
21
22
23
24
25
26
27
28
14
Case No. CV 11-01969 JSW
STIPULATION FOR PROTECTIVE ORDER AND [PROPOSED] ORDER THEREON
Case3:11-cv-01969-JSW Document23
1
2
39.
Filed08/26/11 Page15 of 15
The provisions of this Protective Order are subject to further Court order, based upon
public policy and other considerations.
3
4
Dated: August 26, 2011
WILSON TURNER KOSMO LLP
5
By:
6
7
8
9
10
Dated: August 26, 2011
/s/ Hubert Kim
Robin A. Wofford
Hubert Kim
Jocelyn D. Hannah
Attorneys for Defendant EQUILON
ENTERPRISES LLC, dba SHELL OIL
PRODUCTS US
BLEAU FOX, A P.L.C.
11
By:
12
13
14
15
16
17
18
/s/ Gennady L. Lebedev
Thomas P. Bleau, Esq.
Gennady L. Lebedev, Esq.,
Megan A. Childress, Esq.
Attorneys for Plaintiffs OYSTER
INCORPORATED, EDWARDS &
ANDERSON, INC., AMSIA
MANAGEMENT CORPORATION,
HASSAN EGHDAMI, JOSEPH FAZIO,
HAMPTON'S SERVICE, INC., CBK INC.,
JONTS GASMART, INC., PREMIUM
AUTO-TECH INC., JAMES LIN, HUNG
TRINH, VTH RESOURCES, INC., WILL Y.
WONG and SD TEK INC.
19
20
PURSUANT TO STIPULATION, IT IS SO ORDERED.
21
22
23
Dated: August 29, 2011
By:
HON. JEFFREY S. WHITE
UNITED STATES DISTRICT JUDGE
24
25
26
27
28
15
Case No. CV 11-01969 JSW
STIPULATION FOR PROTECTIVE ORDER AND [PROPOSED] ORDER THEREON
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?