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

Filing 77

ORDER granting 76 STIPULATION REGARDING RULE 34 REQUEST FOR ENTRY UPON LAND FOR INSPECTION AND STIPULATED PROTECTIVE ORDER filed by Northern California River Watch, East Bay Alliance for a Sustainable Economy, Teamsters Local 70. Signed by Magistrate Judge Jacqueline Scott Corley on 11/9/2011. (ahm, COURT STAFF) (Filed on 11/10/2011)

Download PDF
1 2 3 4 5 6 7 8 9 Michael R. Lozeau (State Bar No. 142893) Richard T. Drury (State Bar No. 163559) Douglas J. Chermak (State Bar No. 233382) LOZEAU DRURY LLP 410 12th Street, Suite 250 Oakland, CA 94607 Tel: (510) 836-4200 Fax: (510) 836-4205 (fax) E-mail: Attorneys for Plaintiffs NORTHERN CALIFORNIA RIVER WATCH, TEAMSTERS LOCAL 70, and EAST BAY ALLIANCE FOR A SUSTAINABLE ECONOMY 10 UNITED STATES DISTRICT COURT 11 NORTHERN DISTRICT OF CALIFORNIA 12 13 14 15 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, 18 19 20 21 22 23 STIPULATION REGARDING RULE 34 REQUEST FOR ENTRY UPON LAND FOR INSPECTION AND STIPULATED PROTECTIVE ORDER Plaintiffs, 16 17 Case No.: 4:10-cv-3912 CW-JSC 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; and REDEVELOPMENT AGENCY OF THE CITY OF OAKLAND, a local public agency; Defendants. 24 WHEREAS, On March 23, 2011, Plaintiffs served upon Defendant OAKLAND 25 MARITIME SUPPORT SERVICES, INC. (“OMSS”) and WILLIAM ABOUDI (“Aboudi”) a 26 Request for Entry Upon Land for Inspection and Other Purposes pursuant to Rule 34 of the 27 Federal Rules of Civil Procedure. Specifically, Plaintiffs seek to enter the premises at 11 Burma 28 Road in Oakland, California (“the Facility”) to inspect, measure, survey, photograph, test, -1STIPULATION AND STIPULATED PROTECTIVE ORDER 1 videotape, or sample soil, materials, product, or runoff that may contribute pollutants to storm 2 drains on or adjacent to the Facility. 3 4 5 NOW THEREFORE, the parties hereto, in order to facilitate discovery in this case, hereby stipulate to the following: 1. OMSS and Aboudi will agree to Plaintiffs’ request for an inspection. Such 6 inspection shall take place during the next two weeks or soon thereafter as can be scheduled by 7 the parties. The parties, including OMSS and City of Oakland Redevelopment Agency will be 8 given split samples of any runoff taken during the inspection; and OMSS may take photographs 9 and video tape the inspections performed pursuant to this request. 10 2. The parties agree to exchange the results of any testing performed during the 11 inspection, along with all photographs or videotapes, 30 (thirty) days prior to the submission of 12 the written reports required pursuant to Fed. Rule Civ. Pro. 26(a)(2) and the Court’s case 13 management order dated March 8, 2011, or any subsequent modifications of that deadline that 14 the Court should order. 15 16 17 18 19 3. This Stipulation and Order shall not be construed as a waiver by any party of any objections which might be raised as to the admissibility of any evidentiary material. FURTHER, subject to the approval of this Court, the parties hereby stipulate to the following interim protective order regarding the inspection as follows: 4. Defendant contends that all information and material collected as a result of 20 inspection and testing at the Facility are proprietary in nature and constitute trade secrets. As a 21 result, the parties agree, subject to the limitations and procedures set forth below, that such 22 information, material, and documentation shall be maintained in confidence, shall be used only 23 in connection with this litigation, and not for any commercial or business purpose, and shall not 24 be shared with any third parties except for persons retained or specially employed for trial 25 preparation purposes as required by Rule 26. 26 5. This stipulated interim protective order shall expire as of the date of service of the 27 written reports prepared for this litigation pursuant to Fed. Rule Civ. Pro. 26(a)(2) including 28 information and material collected during the site inspection. Within 14 (fourteen) days of -2STIPULATION AND STIPULATED PROTECTIVE ORDER 1 receipt of the photographs or video obtained by plaintiff during the site inspection pursuant to 2 Paragraph 4 above, Defendants shall specify which, if any, photographs or video it believes 3 qualifies as a protected trade secret or proprietary material that should be subject to any 4 protective order and provide Defendants’ rationale that a protective order is appropriate. Within 5 14 (fourteen) days of defendant’s receipt of analytic results, photographs, or video obtained by 6 Plaintiffs during the site inspection pursuant to Paragraphs 1-3 above, Plaintiffs and Defendants 7 OMSS and Aboudi shall meet and confer to determine whether the parties agree certain 8 information should be subject to a protective order. If the parties cannot agree that some or all of 9 the information identified by defendant should be subject to a protective order, Defendants may 10 file a motion with the Court requesting a protective order. Such motion shall be filed within 7 11 (seven) days after the expiration of the meet and confer process. No information or 12 documentation identified by Defendants as trade secret or proprietary shall be disclosed until 13 such time that this court may issue a ruling on a motion for a protective order brought by 14 Defendants’, if any such motion is made. 15 16 Dated: November 9, 2011 /s/ Douglas J. Chermak DOUGLAS J. CHERMAK Attorney for Plaintiffs 17 18 19 Dated: November 9, 2011 /s/ Meredith E. Brown (as authorized on 11/8/11) MEREDITH E. BROWN Attorney for Defendants OAKLAND MARITIME SUPPORT SERVICES, INC. and WILLIAM ABOUDI 20 21 22 23 24 25 26 27 PURSUANT TO STIPULATION, IT IS SO ORDERED: 9 Dated: November ___, 2011 Hon. Jacqueline Scott Corley United States Magistrate Judge 28 -3STIPULATION AND STIPULATED PROTECTIVE ORDER

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?