Hawkins v. Polar Tankers Inc. et al

Filing 37

STIPULATED PROTECTIVE ORDER. Signed by Judge Jeffrey S. White on 7/19/13. (jjoS, COURT STAFF) (Filed on 7/19/2013)

Case3:12-cv-03058-JSW Document36 Filed07/19/13 Page1 of 6

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EMARD DANOFF PORT TAMULSKI & PAETZOLD LLP
Eric Danoff (60915)
49 Stevenson Street, Suite 400
San Francisco, CA 94105
Telephone: [phone]
Facsimile:
[phone]
E-Mail:
[e-mail]
Attorneys for Defendants
Polar Tankers, Inc.
ConocoPhillps Company

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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PAUL HAWKINS,

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Case No.: CV 12-03058 JSW

Plaintiff,

STIPULATION FOR PROTECTIVE
ORDER AND [PROPOSED] ORDER
AS MODIFIED
Date Action Filed:
June 14, 2012

vs.
POLAR TANKERS, INC.,
CONOCOPHILLIPS COMPANY, and
Does One through Five, Inclusive,

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Defendants.

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STIPULATION

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Plaintiff Paul Hawkins, through his attorney Lyle C. Cavin, Jr. of the Law Offices of Lyle

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C. Cavin, Jr., and defendants Polar Tankers, Inc. (“Polar”) and ConocoPhillips Company

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(“COP”), through their attorney Eric Danoff of Emard Danoff Port Tamulski & Paetzold LLP,

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stipulate and request the Court to order as follows:
CONFIDENTIAL MATERIAL

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1.

This Stipulation and Order governs the exchange and disclosure of Confidential

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Information, including but not limited to information relating to the Polar and

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COP Safety Quality Environmental Management System ("SQEMS") Manual and

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the Health and Safety Manual portion of the SQEMS Manual (the "Manuals").

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EMARD DANOFF PORT
TAMULSKI & PAETZOLD LLP
49 Stevenson Street
Suite 400
San Francisco, CA 94105

2.

"Confidential Information" shall mean all documents and information, in
whatever form, that are: (a) protected by a right to privacy or that qualify for

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protection under applicable law; (b) confidential business, trade secret, or

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financial information; or (c) reproductions of the Manuals.

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3.

Each page or portion of a page of Confidential Information provided in writing

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shall be marked or designated as such, using a rubber stamp or other appropriate

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means, with the word "Confidential” or equivalent language. Any “Confidential”

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designation that is inadvertently omitted during discovery may be added by

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written notification to all counsel.

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4.

In the event of a disagreement over the designation of information as Confidential

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Information, the parties and any relevant third party shall attempt in good faith to

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resolve the disagreement before presenting the dispute to the court for resolution.
USE OF CONFIDENTIAL INFORMATION

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5.

It is the responsibility of counsel signing this Stipulation and Order on behalf of

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the parties to maintain all Confidential Information in a secure and appropriate

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manner so as to allow access to the Confidential Information only to those

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persons permitted access by this Stipulation and Order.

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6.

Confidential Information shall be: (a) held in strict confidence; (b) used or

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reproduced only in connection with the prosecution or defense of the claims in

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this action, including appeals; and (c) disclosed as necessary only to the

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following:

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a.

A party to the litigation;

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b.

Counsel of record to a party to the litigation, including any partner or

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employee of such counsel and any individual working for the same

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employer as counsel ("Counsel");

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c.

Any expert or consultant who is retained by Counsel and who signs a copy

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of the attached Acknowledgment and Agreement To Be Bound by

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Protective Order prior to receipt of the Confidential Information;

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d.

the staff of the court;

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EMARD DANOFF PORT
TAMULSKI & PAETZOLD LLP
49 Stevenson Street
Suite 400
San Francisco, CA 94105

The court with jurisdiction in this action, including the judge and jury, and

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e.

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Non-party support services, including but not limited to outside copying
services and court reporting services, as may reasonably be necessary; and

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f.

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Mediators and/or private judges engaged by the parties to assist in
resolving issues in the case.

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7.

This Stipulation and Order shall not be construed as granting the recipients of

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Confidential Information any property rights, by license or otherwise, in any

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Confidential Information.

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proceedings, claims, disputes, or for any commercial, business, competitive, or

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other purpose.

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Any Confidential Information shall not be used in or for any other cases, lawsuits,

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Counsel for the party producing Confidential Information shall be notified
promptly of any loss or unauthorized disclosure of Confidential Information.

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USE OF CONFIDENTIAL INFORMATION IN DEPOSITION AND COURT

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10.

A deposition witness or attendee who is not allowed access to Confidential

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Information under this Stipulation and Order shall be provided a copy of this

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Stipulation and Order, be informed of its terms, and agree to abide by its terms.

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11.

The parties agree to take reasonable measures to protect the Confidential

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Information from collateral disclosure should a party to this action wish to

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disclose Confidential Information in court, either at a hearing or in trial.
FILING CONFIDENTIAL INFORMATION WITH THE COURT

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12.

Anyone filing Confidential Information or documents containing Confidential

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Information with the public courthouse or providing documents to the clerk of the

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court for public filing or inspection shall be filed under seal pursuant to applicable
Northern District Civil Local Rule 79-5.
court rules. If a party fails to file Confidential Information or documents

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containing Confidential Information under seal, any other party may request that

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the clerk of court seal the filing in accordance with this Stipulation and Order.
DESTRUCTION OF CONFIDENTIAL INFORMATION

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EMARD DANOFF PORT
TAMULSKI & PAETZOLD LLP
49 Stevenson Street
Suite 400
San Francisco, CA 94105

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At the conclusion of this action, including any appeals, and subject to document

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retention law, any person or entity other than the parties, their Counsel, and the

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court who possesses Confidential Information shall either: (a) return the

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Confidential Information to the party who produced it; (b) destroy the

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Confidential Information: or (c) otherwise dispose of the Confidential Information

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as written agreement of the parties or court order may direct. A person who

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causes the destruction or disposal of Confidential Information pursuant to this

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Stipulation and Order shall provide counsel with written confirmation of that.

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14.

this action.

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The obligations under this Stipulation and Order shall survive the conclusion of

TERMINATION OF OBLIGATION UNDER THIS STIPULATION AND ORDER
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This Stipulation and Order may be terminated by agreement of the parties or by

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court order. Such termination does not permit any recipient to disclose

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Confidential Information received prior to termination.

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The obligations under this Stipulation and Order shall terminate as to particular

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Confidential Information when the recipient can document that the Confidential

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Information: (a) was in the public domain at the time it was obtained; (b) entered

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the public domain through no fault of the recipient after it was obtained;

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(c) rightfully came into the recipient's possession when no obligation of

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confidence was in place; or (d) was disposed of pursuant to paragraph 13.
OTHER PROVISIONS

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17.

Any person or entity who becomes an additional party to this action or becomes

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additional counsel to a party to this action shall be subject to this Stipulation and

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Order and any written modification of it.

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parties or by court order.

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19.

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This Stipulation and Order may be executed in counterparts. Facsimile or email
signatures shall be binding as if original signatures.

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EMARD DANOFF PORT
TAMULSKI & PAETZOLD LLP
49 Stevenson Street
Suite 400
San Francisco, CA 94105

This Stipulation and Order may be modified only in writing by agreement of the

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The parties agree to submit this Stipulation to the Court and to be bound by its

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terms subsequent to Court approval of it.
Dated: July 19, 2013

LAW OFFICES OF LYLE C. CAVIN, JR.

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By
/s/ Lyle C. Cavin, Jr.
Lyle C. Cavin, Jr.
Attorneys for Plaintiff
Paul Hawkins

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Dated: July 19, 2013

EMARD DANOFF PORT TAMULSKI & PAETZOLD LLP

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By
/s/ Eric Danoff
Eric Danoff
Attorneys for Defendants
Polar Tankers, Inc .
ConocoPhillips Company

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ORDER

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The Court, having reviewed the foregoing Stipulation, and good cause appearing,

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approves the Stipulation and orders that the parties shall comply with its terms and conditions.

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Dated: July 19
___________, 2013
JUDGE, U.S. DISTRICT COURT, NORTHERN DISTRICT
OF CALIFORNIA

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EMARD DANOFF PORT
TAMULSKI & PAETZOLD LLP
49 Stevenson Street
Suite 400
San Francisco, CA 94105

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EXHIBIT A

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ACKNOWLEDGMENT AND AGREEMENT TO BE
BOUND BY STIPULATION FOR PROTECTIVE ORDER

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The undersigned person has read and is fully familiar with the provisions of the attached

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Stipulation for Protective Order filed in the matter Paul Hawkins v Polar Tankers, Inc., et al.,

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U.S. District Court, Northern District of California, Case No. 12-CIV-03058-JSW.
As a condition precedent to the undersigned obtaining or examining any materials or

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information constituting "Confidential Information" as defined in the Stipulation for Protective

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Order the undersigned agrees: (a) that the Stipulation for Protective Order is binding on the

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undersigned; and (b) to observe and comply with the provisions of the Stipulation for Protective

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Order.

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Dated: _______________
[print name]

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[signature]

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EMARD DANOFF PORT
TAMULSKI & PAETZOLD LLP
49 Stevenson Street
Suite 400
San Francisco, CA 94105

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Case No.: CV 12-03058 JSW