Flintkote Company v. Aviva PLC

Filing 130

ORDER Re: Stipulation of Confidentiality. Signed by Judge Susan Illston on 2/11/16. (tfS, COURT STAFF) (Filed on 2/11/2016)

E

H

14
15
16

R NIA

n

LI

an Illsto

R
UNITED STATES DISTRICT COURT

N

A

RT

13

TED

FO

UNIT
ED

GRAN

us
Judge S

RT
U
O

11 Attorneys for Defendants Aviva plc/
Aviva International Insurance Limited/
12 Ocean Marine Insurance Company Limited

S DISTRICT
TE
C
TA

NO

7 Andrew G. Wanger (SBN 166449)
(andrew. [e-mail])
8 CLYDE & CO US LLP
101 Second Street, 24th Floor
9 San Francisco, California 94105
Telephone: [phone]
10 Facsimile: [phone]

S

1 IRELL & MANELLA LLP
Marc S. Maister (SBN 155980) ([e-mail])
2 Michael Fehner (SBN 207312) ([e-mail])
Cathy Moses (SBN 254791) ([e-mail])
3 840 Newport Center Drive, Suite 400
Newport Beach, CA 92660
4 Telephone: [phone]
Facsimile: [phone]
5
Attorneys for Plaintiff
6 The Flintkote Company/The Flintkote Trust

F
D IS T IC T O
R
NORTHERN DISTRICT OF CALIFORNIA

C

SAN FRANCISCO DIVISION

17 THE FLINTKOTE COMPANY AND
THE FLINTKOTE TRUST,
18
Plaintiff,
19
v.
20
AVIVA PLC, AVIVA INTERNATIONAL
21 INSURANCE LIMITED, AND OCEAN
MARINE INSURANCE CO. LTD.,
22
Defendants.
23

Case No. 3:15-CV-01638-SI
STIPULATION OF CONFIDENTIALITY
UNDER LOCAL RULE 7-12

24
25
26
27
28
Case No. 3:15-CV-01638-SI
STIPULATION OF CONFIDENTIALITY UNDER LOCAL RULE 7-12

1

Defendants Aviva plc, Aviva International Insurance Limited (formerly known as

2 Commercial Union Assurance Company Limited) and The Ocean Marine Insurance Co. Limited,
3 (collectively, “Ocean Marine”), by and through their counsel of record, hereby file the following
4 stipulation pursuant to Local Rules 7-11(a) and 7-12 attesting to Ocean Marine’s agreement with
5 plaintiffs, The Flintkote Company and the Flintkote Trust (collectively, “Flintkote”), as to the
6 confidential nature of documents attached as exhibits to and referenced in Ocean Marines’ Motion
7 for Partial Summary Judgment.
8

STIPULATION

9

Flintkote and Ocean Marine, through their undersigned counsel, stipulate as follows:

10

Flintkote and Certain London Companies are presently engaged in a related arbitration

11 proceeding, The Flintkote Company v. Certain London Companies, Arbitration No. W-14-01,
12 JAMS No. 141000640.
13

Appendix C, §100.7 of the Wellington Agreement provides that alternative dispute

14 resolution proceedings undertaken pursuant to the Wellington Agreement are to be confidential
15 and the current proceedings are protected by a protective order.
16

The parties agree the following documents from the above-referenced arbitration should

17 remain confidential and should be placed under seal in this litigation:
18

Flintkote’s Responses and Objections to Certain London Companies First Set of
Interrogatories, The Flintkote Company v. Certain London Companies, Arbitration No.
W-14-01, JAMS No. 141000640, June 22, 2015;

19
20

Deposition Transcript of Eric Bower, The Flintkote Company v. Certain London
Companies, Arbitration No. W-14-01, JAMS No. 141000640, August 13, 2015;

21
22

“Phase I Rulings,” filed in The Flintkote Company v. Certain London Companies,
Arbitration No. W-14-01, JAMS No. 141000640, January 9, 2016; and

23

“Order on Motion for Reconsideration,” filed in The Flintkote Company v. Certain
London Companies, Arbitration No. W-14-01, JAMS No. 141000640, February 2, 2016.

24
25
26

Any references to these documents should be redacted in Court filings. Ocean Marine

27 intends to attach and reference these documents as exhibits to its Motion for Partial Summary
28 Judgment.
1908328

Case No. 3:15-CV-01638-SI
1
STIPULATION OF CONFIDENTIALITY UNDER LOCAL RULE 7-12

1

Respectfully submitted,

2 Dated: February 5, 2016

IRELL & MANELLA LLP

3
By: /s/ Michael Fehner
Michael Fehner
Attorneys for Plaintiff
The Flintkote Company/The Flintkote Trust

4
5
6
7
Dated: February 5, 2016

CLYDE & CO US LLP

8
9

By: /s/ Andrew G. Wanger
Andrew G. Wanger
Attorneys for Defendants Aviva plc/
Aviva International Insurance Limited/
Ocean Marine Insurance Company Limited

10
11
12
13

ATTESTATION

14

Pursuant to Civil Local Rule 5-1(i)(3) regarding signatures, I attest that concurrence in the

15

16 filing of this document has been obtained from the other signatories.
17
18 Dated: February 5, 2016

/s/ Andrew G. Wanger
Attorney for Defendants

19
20
21
22
23
24
25
26
27
28
1908328

Case No. 3:15-CV-01638-SI
2
STIPULATION OF CONFIDENTIALITY UNDER LOCAL RULE 7-12