City of Oakland v. SSA Terminals, LLC et al

Filing 151

STIPULATION AND ORDER; Exhibits C and E to the White Declaration remain locked pending the outcome of the related motion to seal. Signed by Judge Yvonne Gonzalez Rogers on 4/17/13. (fs, COURT STAFF) (Filed on 4/17/2013)

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1 2 3 4 DANNY WEI WAN #168323 PORT ATTORNEY DONNELL CHOY #85458 DEPUTY PORT ATTORNEY PORT OF OAKLAND 530 Water Street, 4th Floor Oakland, California 94607 Telephone: (510) 627-1346 5 6 7 8 9 10 11 RICHARD T. WHITE #58622 J. BRITTAIN HABEGGER #57192 FITZGERALD ABBOTT & BEARDSLEY LLP 1221 Broadway, 21st Floor Oakland, California 94612 Telephone: (510) 451-3300 Facsimile: (510) 451-1527 Email: rwhite@fablaw.com; bhabegger@fablaw.com Attorneys for Plaintiff City of Oakland, A Municipal Corporation, Acting By and Through Its Board of Port Commissioners 12 UNITED STATES DISTRICT COURT 13 NORTHERN DISTRICT OF CALIFORNIA 14 15 16 CITY OF OAKLAND, a Municipal Corporation, Acting By and Through Its Board of Port Commissioners Plaintiff, 17 18 19 20 21 22 25 26 27 28 STIPULATION TO REMOVE EXHIBITS C AND E TO THE WHITE DECLARATION FROM THE PUBLIC DOCKET, AND [PROPOSED] ORDER vs. SSA TERMINALS, LLC, SSA TERMINALS (OAKLAND), LLC and DOES 1 through 50, inclusive, Defendant. SSA TERMINALS, LLC; SSA TERMINALS (OAKLAND), LLC, Counterclaimants, 23 24 CASE NO.: C11-01446 YGR vs. CITY OF OAKLAND and Does 1 through 10, Counter-Defendants. 1. STIPULATION TO REMOVE EXHIBITS C AND E TO THE WHITE DECLARATION FROM THE PUBLIC DOCKET, AND [PROPOSED] ORDER CASE NO.: C11-01446 YGR 4/17/13 (27492) #515472.1 1 Plaintiff and Counter-Defendant City of Oakland, a Municipal Corporation, Acting 2 By and Through its Board of Port Commissioners (the “Port”), and Defendants and 3 Counter-Claimants SSA Terminals, LLC, and SSA Terminals (Oakland), LLC (“SSAT”) 4 hereby stipulate as follows: 5 WHEREAS SSAT has designated the documents attached as Exhibits C and E to 6 the Declaration of Richard T. White in Support of Plaintiff and Counterdefendant’s 7 Motions in Limine 1-5 (“White Declaration”) (Docket No. 142) as “Highly Confidential” 8 and “Attorney’s Eyes Only”, pursuant to the Protective Order in this case; 9 10 11 12 WHEREAS on April 12, 2013, the Port inadvertently filed Exhibits C and E to the White Declaration in the Court’s docket, which is open to public view; WHEREAS on April 15, 2013, the Port filed its Administrative Motion to File Under Seal (Docket No. 147) as to Exhibits C and E to the White Declaration; 13 IT IS HEREBY STIPULATED BY AND BETWEEN THE PARTIES that 14 Exhibits C and E to the White Declaration be removed from the Court’s docket, pending 15 the Court’s ruling on the Administrative Motion to File Under Seal. 16 Respectfully, 17 18 Dated: April ____, 2013 19 FITZGERALD ABBOTT & BEARDSLEY LLP By Richard T. White Attorneys for Plaintiff and Counter-Defendant 20 21 22 Dated: April ____, 2013 23 RUSSELL, MIRKOVICH & MORROW By Joseph N. Mirkovich Attorneys for Defendants and Counterclaimants SSA Terminals, LLC and SSA Terminals (Oakland), LLC 24 25 26 27 28 2. STIPULATION TO REMOVE EXHIBITS C AND E TO THE WHITE DECLARATION FROM THE PUBLIC DOCKET, AND [PROPOSED] ORDER CASE NO.: C11-01446 YGR 4/17/13 (27492) #515472.1 ORDER 1 2 The parties’ request is DENIED to the extent that docket entries cannot be 3 “removed” from the Court’s docket. The Court understands the documents at issue have 4 already been locked at the request of the parties, such that they are not publicly-available. 5 These documents may remain locked pending the outcome of the related motion to seal. 6 7 8 This Order terminates Dkt. No. 149. IT IS SO ORDERED. Dated: April 17, 2013 YVONNE GONZALEZ ROGERS UNITED STATES DISTRICT COURT JUDGE 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3. STIPULATION TO REMOVE EXHIBITS C AND E TO THE WHITE DECLARATION FROM THE PUBLIC DOCKET, AND [PROPOSED] ORDER CASE NO.: C11-01446 YGR 4/17/13 (27492) #515472.1

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