Northern California River Watch v. Oakland Maritime Support Services, Inc. et al

Filing 48

ORDER Granting 47 Stipulation for Protective Order. Signed by Judge Claudia Wilken on 6/7/2011. (ndr, COURT STAFF) (Filed on 6/7/2011)

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JAY IAN ABOUDI (SBN: 251984)
THE LAW OFFICE OF JAY IAN ABOUDI
1855 Olympic Blvd., Ste. 210
Walnut Creek, CA 94596
Telephone: [phone]
Facsimile: [phone]
E-mail: [e-mail]
Attorney for Defendants
OAKLAND MARITIME SUPPORT
SERVICES, INC. and WILLIAM ABOUDI

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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NORTHERN CALIFORNIA RIVER WATCH,
a non-profit corporation; TEAMSTERS
LOCAL 70, a labor organization; and EAST
BAY ALLIANCE FOR SUSTAINABLE
ECONOMY, a non-profit organization,

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STIPULATED PROTECTIVE ORDER

Plaintiffs,

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Case No.: 4:10-cv-3912 CW

v.
OAKLAND MARITIME SUPPORT
SERVICES, INC., a corporation; WILLIAM
ABOUDI, an individual; and JORGE
GONZALEZ RIVERA d.b.a. CHRISTIAN
BROTHERS TRUCK SERVICES, an
individual; CITY OF OAKLAND, a
municipality; REDEVELOPMENT AGENCY
OF THE CITY OF OAKLAND, a local public
agency; and COMMUNITY AND ECONOMIC
DEVELOPMENT AGENCY, a public agency,

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Defendants.

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Subject to the approval of this Court, the parties hereby stipulate to the following
protective order:
1. In connection with discovery proceedings in this action, the parties may designate any

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document other information derived therefrom, as “Confidential” under the terms of this

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Stipulated Protective Order (hereinafter “Order”). Confidential information is information which
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has not been made public and which concerns or relates to the processes, operations, type or

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work, or apparatus, or to the production, sales, shipments, purchases, transfers, identification of

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customers, inventories, amount or source of any income, profits, losses, or expenditures of any

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persons, firm, partnership, corporation, or other organization, the disclosure of which

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information may have the effect of causing harm to the competitive position of the person, firm,

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partnership, corporation, or to the organization from which the information was obtained.

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By designating a document or other information derived therefrom as “confidential,”

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under the terms of this order, the party making the designation is certifying to the court that there

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is a good faith basis both in law and in fact for the designation within the meaning of Federal

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Rule of Civil Procedure 26(g). As a result, such documentation shall be maintained in

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confidence, shall be used only in connection with this litigation, and not for any commercial or

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business purpose, and shall not be shared with any third parties except for persons retained or

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specially employed for trial preparation purposes as required by Rule 26.

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2. Confidential documents shall be so designated by stamping copies of the document

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produced

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“CONFIDENTIAL” on the cover of any multipage document shall designate all pages of the

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document as confidential, unless otherwise indicated by the producing party.

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3.

to

a

party

with

the

legend

“CONFIDENTIAL.”

Stamping

the

legend

Material designated as confidential under this Order, the information contained

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therein, and any summaries, copies, abstracts, or other documents derived in whole or in part

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from material designated as confidential (hereinafter “Confidential Material”) shall be used only

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for the purpose of the prosecution, defense, or settlement of this action, and for no other purpose.

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4. Confidential Material produced pursuant to this Order may be disclosed or made

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available only to the Court, to counsel for a party (including the paralegal, clerical, and

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secretarial staff employed by such counsel), and to the “qualified persons” designated below:

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(a) a party, or an officer, director, or employee of a party deemed necessary by counsel

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to aid in the prosecution, defense, or settlement of this action;

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(b) experts or consultants (together with their clerical staff) retained by such counsel to

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assist in the prosecution, defense, or settlement of this action;
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(c) court reporter(s) employed in this action;

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(d) a witness at any deposition or other proceeding in this action; and

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(e) any other person as to whom the parties in writing agree.

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Prior to receiving any Confidential Material, each “qualified person” shall be provided

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with a copy of this Order and shall execute a nondisclosure agreement in the form of Attachment

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A, a copy of which shall be provided forthwith to counsel for each other party and for the parties.

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5. The parties may further designate certain discovery material or testimony of a highly

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confidential and/or proprietary nature as “CONFIDENTIAL--ATTORNEY'S EYES ONLY"

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(hereinafter “Attorney's Eyes Only Material”), in the manner described in paragraphs 2 and 3

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above. Attorney's Eyes Only Material, and the information contained therein, shall be disclosed

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only to the Court, to counsel for the parties (including the paralegal, clerical, and secretarial staff

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employed by such counsel), and to the “qualified persons” listed in subparagraphs 5(b) through

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(e) above, but shall not be disclosed to a party, or to an officer, director or employee of a party,

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unless otherwise agreed or ordered. If disclosure of Attorney's Eyes Only Material is made

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pursuant to this paragraph, all other provisions in this order with respect to confidentiality shall

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also apply.

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6. Nothing herein shall impose any restrictions on the use or disclosure by a party of

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material obtained by such party independent of discovery in this action, whether or not such

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material is also obtained through discovery in this action, or from disclosing its own Confidential

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Material as it deems appropriate.

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7.

If Confidential Material designated as Confidential or Attorney's Eyes Only, is

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included in any papers to be filed in Court, such papers shall be labeled “Confidential--Subject to

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Court Order” and filed under seal until further order of this Court.

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8. In the event that any Confidential Material is used in any court proceeding in this

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action, it shall not lose its confidential status through such use, and the party using such shall

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take all reasonable steps to maintain its confidentiality during such use.

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9. This Order shall be without prejudice to the right of the parties (i) to bring before the

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Court at any time the question of whether any particular document or information is confidential
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or whether its use should be restricted or (ii) to present a motion to the Court under FRCP 26(c)

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for a separate protective order as to any particular document or information, including

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restrictions differing from those as specified herein. This Order shall not be deemed to prejudice

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the parties in any way in any future application for modification of this Order.

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10. This Order is entered solely for the purpose of facilitating the exchange of documents

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and information between the parties to this action without involving the Court unnecessarily in

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the process. Nothing in this Order nor the production of any information or document under the

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terms of this order nor any proceedings pursuant to this Order shall be deemed to have the effect

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of an admission or waiver by either party or of altering the confidentiality or nonconfidentiality

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of any such document or information or altering any existing obligation of any party or the

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absence thereof.

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11. This Order shall survive the final termination of this action, to the extent that the

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information contained in Confidential Material is not or does not become known to the public,

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and the Court shall retain jurisdiction to resolve any dispute concerning the use of information

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disclosed hereunder. Upon termination of this case, counsel for the parties shall assemble and

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return to each other all documents and material designated as confidential and all copies of same,

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or shall certify the destruction thereof.

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Dated: June 2, 2011

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/s/ Jay Ian Aboudi
JAY IAN ABOUDI
Attorney for Defendants
OAKLAND MARITIME SUPPORT
SERVICES, INC. and WILLIAM ABOUDI

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Dated: June 2, 2011
/s/ Douglas J. Chermak (as authorized on 6/2/11)
DOUGLAS J. CHERMAK
Attorney for Plaintiffs

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APPROVED AND SO ORDERED: But see Local Rule 79-5

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Dated: June ___, 2011

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Hon. Claudia Wilken
United States District Court Judge

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Attachment A

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NONDISCLOSURE AGREEMENT

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I, ___________________________________ do solemnly swear that I am fully familiar

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with the terms of the Stipulated protective Order entered in Northern California River Watch, et

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al. v. Oakland Maritime Support Services, Inc., et al., United States District Court for the

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Northern District of California, Civil Action No. 4:10-cv-3912 CW, and hereby agree to comply

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with and be bound by the terms and conditions of said Order unless and until modified by further

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Order of this Court. I hereby consent to the jurisdiction of said Court for purposes of enforcing

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this Order.

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Dated: _________, 2011
/s/

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