Spooner v. Multi Hull Foiling AC45 Vessel "4 Oracle Team USA", et al

Filing 30

ORDER conditionally granting 28 request for release of photographs and directing the United States Marshal to file a supplemental warrant return under seal. (jcslc2S, COURT STAFF) (Filed on 3/10/2015)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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JOSEPH ROBERT SPOONER,

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Case No. 15-cv-00692-JCS

Plaintiff,
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v.
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MULTI HULL FOILING AC45 VESSEL “4
ORACLE TEAM USA,” et al.,

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Defendants.

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United States District Court
Northern District of California

ORDER REGARDING REQUEST FOR
RELEASE OF PHOTOGRAPHS

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Plaintiff Joseph Spooner filed a request that the Court order the United States Marshal to
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provide photographs of the arrested property to counsel for the parties. See dkt. 28. Defendant
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Oracle Racing, Inc. filed a conditional statement of non-opposition, consenting to such release on
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the condition that the Court issue an order stating “that plaintiff and his counsel cannot disclose
the photographs to others, will only use the photographs to respond to the Court’s March 9, 2015

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Order, and cannot file copies of the photographs except under seal, in order to protect trade
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secrets.” See dkt. 29.
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Having reviewed the parties’ submissions, the Court orders as follows: The United States

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Marshal shall file under seal a supplemental warrant return including any photographs taken of the
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property arrested on March 10, 2015, and shall release such photographs to the parties’ counsel via
email as set forth in Spooner’s request.1 Unless otherwise ordered by the Court or permitted in

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writing by Oracle Racing:
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1.

Spooner and his counsel may not disclose the photographs, any

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reproductions thereof, or any technical description of their contents, except to: (a) Spooner
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Plaintiff’s counsel’s email address is [e-mail]. Defense counsel’s email
address is [e-mail].

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himself; (b) Spooner’s counsel of record Patricia Barlow, as well as employees of Ms.

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Barlow to whom it is reasonably necessary to disclose the photographs for this litigation

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and who have agreed in writing to be bound by this Order; or (c) the Court and its

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personnel;
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Spooner may use the photographs only for the purpose of responding to the

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Court’s March 9, 2015 Order and/or Oracle Racing’s request to release the arrested

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property; and
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The photographs, reproductions thereof, or any technical description of their

contents may not be filed except under seal. For the limited purpose of resolving Oracle
Racing’s pending request for release of property, the Court grants both parties leave to file

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United States District Court
Northern District of California

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the photographs under seal without regard to the procedures set forth in Civil Local Rule

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79-5.

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Even after final disposition of this litigation, the confidentiality requirements of this Order

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shall remain in effect until Oracle Racing agrees otherwise in writing or a court order otherwise

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directs. Following the resolution of Oracle Racing’s pending request for release of property, the

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parties are instructed to meet and confer regarding treatment of confidential information, and to

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jointly submit a proposed protective order to supersede this Order.

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IT IS SO ORDERED.
Dated: March 10, 2015
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JOSEPH C. SPERO
Chief Magistrate Judge

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