PMA Companies v. Genox Transportation, Inc. et al, No. 3:2020cv02540 - Document 31 (S.D. Cal. 2021)
Court Description: ORDER Granting 28 Joint Motion for Protective Order with Modifications. Signed by Magistrate Judge Ruth Bermudez Montenegro on 4/26/2021. (tcf)
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PMA Companies v. Genox Transportation, Inc. et al Doc. 31 Dockets.Justia.com 1 2 3 4 5 UNITED STATES DISTRICT COURT 6 SOUTHERN DISTRICT OF CALIFORNIA 7 8 PMA COMPANIES, 9 10 Plaintiff, v. Case No. 20-cv-2540-JLS-RBM ORDER RE: PARTIES’ STIPULATED PROTECTIVE ORDER 11 GENOX TRANSPORTATION INC., 12 APPLIED LNG TECHNOLOGIES, LLC, LAIRD TRANSPORTATION, LLC, and 13 DOES 1 through 20, inclusive, 14 Defendants. APPLIED LNG TECHNOLOGIES, LLC, 15 Cross-Claimant, 16 v . 17 LAIRD TRANSPORTATION, LLC, GENOX TRANSPORTATION, INC., 18 Cross-Defendants. 19 APPLIED LNG TECHNOLOGIES, LLC, 20 Third-Party Plaintiff, v. 21 CLEANCOR LNG, LLC, JASON LAIRD, 22 Third-Party Defendants. 23 24 Plaintiff PMA COMPANIES, Defendant/Cross-Defendant GENOX TRANSPORTATION 25 INC., Defendant/Cross-Claimant/Third-Party Plaintiff APPLIED LNG TECHNOLOGIES, LLC, 26 and Third-Party Defendant CLEANCOR LNG, LLC (collectively the “Parties”), by and through 27 their respective counsel of record, hereby enter into this Stipulated Protective Order. 28 GW08-0000219 13741713.1 1 ORDER RE: PARTIES’ STIPULATED PROTECTIVE ORDER 1 1. PURPOSES AND LIMITATIONS 2 Discovery activity in this action is likely to involve production of confidential, proprietary, 3 or private information for which special protection from public disclosure and from use for any 4 purpose other than prosecuting or defending this litigation may be warranted, including, but not 5 limited to, confidential research, technical, cost, price, marketing or other commercial information, 6 as well as information and documents relating to claim handling, underwriting, subrogation, loss 7 calculation and estimating, and loss payment policies, procedures, and guidelines. Accordingly, the 8 Parties hereby stipulate to, and petition the court to enter, the following Stipulated Protective Order. 9 The parties acknowledge that this Order does not confer blanket protections on all responses to 10 discovery and that the protection it affords from public disclosure and use extends only to the 11 limited information or items that are entitled to confidential treatment under the applicable legal 12 principles. The parties further acknowledge, as set forth in Section 12.3, below, that this Stipulated 13 Protective Order does not entitle them to file confidential information under seal; Civil Local Rules 14 2.2 and 79.2 set forth the procedures that must be followed and the standards that will be applied 15 when a party seeks permission from the Court to file material under seal. 16 2. DEFINITIONS 17 2.1 Challenging Party: a Party or Non-Party that challenges the designation of 18 information or items under this Order. 19 2.2 “CONFIDENTIAL” Information or Items: Information (regardless of how it is 20 generated, stored, or maintained) or tangible things that qualify for protection under Federal Rule of 21 Civil Procedure 26(c). 22 2.3 Counsel (without qualifier): Outside Counsel of Record and House Counsel (as well 23 as their support staff). 24 2.4 Designating Party: a Party or Non-Party that designates information or items that it 25 produces in responses to discovery as “CONFIDENTIAL.” 26 2.5 Disclosure or Discovery Material: all items or information, regardless of the 27 medium or manner in which it is generated, stored, or maintained (including, among other things, 28 testimony, transcripts, and tangible things), that are produced or generated in responses to discovery GW08-0000219 13741713.1 1 ORDER RE: PARTIES’ STIPULATED PROTECTIVE ORDER 1 in this matter. 2.6 2 Expert: a person with specialized knowledge or experience in a matter pertinent to 3 the litigation who has been retained by a Party or its counsel to serve as an expert witness or as a 4 consultant in this action. 2.7 5 House Counsel: attorneys who are employees of a party to this action. House 6 Counsel does not include Outside Counsel of Record or any other outside counsel. 2.8 7 Non-Party: any natural person, partnership, corporation, association, or other legal 8 entity not named as a Party to this action. 2.9 9 Outside Counsel of Record: attorneys who are not employees of a party to this 10 action but are retained to represent or advise a party to this action and have appeared in this action 11 on behalf of that party or are affiliated or contracted with a law firm which has appeared on behalf 12 of that party. 2.10 13 Party: any party to this action, including all of its officers, directors, partners, 14 employees, consultants, retained experts, insurers, and Outside Counsel of Record (and their 15 support staffs). 2.11 16 Producing Party: a Party or Non-Party that produces Disclosure or Discovery 17 Material in this action. 2.12 18 Professional Vendors: persons or entities that provide litigation support services 19 (e.g., photocopying, videotaping, translating, preparing exhibits or demonstrations, and organizing, 20 storing, or retrieving data in any form or medium) and their employees and subcontractors. 2.13 21 Protected Material: any Disclosure or Discovery Material that is designated as 22 “CONFIDENTIAL.” 2.14 23 Receiving Party: a Party that receives Disclosure or Discovery Material from a 24 Producing Party. 25 3. SCOPE 26 The protections conferred by this Stipulation and Order cover not only Protected Material 27 (as defined above), but also (1) any information copied or extracted from Protected Material; (2) all 28 copies, excerpts, summaries, or compilations of Protected Material; and (3) any testimony, GW08-0000219 13741713.1 2 ORDER RE: PARTIES’ STIPULATED PROTECTIVE ORDER 1 conversations, or presentations by Parties or their Counsel that might reveal Protected Material. 2 However, the protections conferred by this Stipulation and Order do not cover the following 3 information: (a) any information that is in the public domain at the time of disclosure to a Receiving 4 Party or becomes part of the public domain after its disclosure to a Receiving Party as a result of 5 publication not involving a violation of this Order, including becoming part of the public record 6 through trial or otherwise; and (b) any information known to the Receiving Party prior to the 7 disclosure or obtained by the Receiving Party after the disclosure from a source who obtained the 8 information lawfully and under no obligation of confidentiality to the Designating Party. Any use of 9 Protected Material at trial shall be governed by a separate agreement or order. 10 4. DURATION 11 Even after final disposition of this litigation, the confidentiality obligations imposed by this 12 Order shall remain in effect until a Designating Party agrees otherwise in writing or a court order 13 otherwise directs. Final disposition shall be deemed to be the later of (1) dismissal of all claims and 14 defenses in this action, with or without prejudice; and (2) final judgment herein after the completion 15 and exhaustion of all appeals, rehearings, remands, trials, or reviews of this action, including the 16 time limits for filing any motions or applications for extension of time pursuant to applicable law. The Parties agree to be bound by the Stipulated Protective Order pending its approval and 17 18 entry by the Court. In the event that the Court modifies this Stipulated Protective order, or in the 19 event that the Court enters a different protective order, the Parties agree to be bound by this 20 Stipulation and Protective Order until such a time as the Court may enter such a different Order. It 21 is the Parties’ intent to be bound by the terms of this Stipulation and Protective Order pending its 22 entry so as to allow for immediate production of CONFIDENTIAL Information or Items, 23 Disclosure or Discovery Material, and/or Protected Material. 24 5. DESIGNATING PROTECTED MATERIAL 25 5.1 Exercise of Restraint and Care in Designating Material for Protection. Each Party or 26 Non-Party that designates information or items for protection under this Order must take care to 27 limit any such designation to specific material that qualifies under the appropriate standards. The 28 Designating Party must designate for protection only those parts of material, documents, items, or GW08-0000219 13741713.1 3 ORDER RE: PARTIES’ STIPULATED PROTECTIVE ORDER 1 oral or written communications that qualify – so that other portions of the material, documents, 2 items, or communications for which protection is not warranted are not swept unjustifiably within 3 the ambit of this Order. 4 Mass, indiscriminate, or routinized designations are prohibited. Designations that are shown 5 to be clearly unjustified or that have been made for an improper purpose (e.g., to unnecessarily 6 encumber or retard the case development process or to impose unnecessary expenses and burdens 7 on other parties) expose the Designating Party to sanctions. 8 If it comes to a Designating Party’s attention that information or items that it designated for 9 protection do not qualify for protection, that Designating Party must promptly notify all other 10 Parties that she and/or it is withdrawing the mistaken designation. 11 5.2 Manner and Timing of Designations. Except as otherwise provided in this Order 12 (see, e.g., second paragraph of section 5.2(a) below), or as otherwise stipulated or ordered, 13 Disclosure or Discovery Material that qualifies for protection under this Order must be clearly so 14 designated before the material is disclosed or produced. Designation in conformity with this Order 15 requires: (a) for information in documentary form (e.g., paper or electronic documents, but 16 17 excluding transcripts of depositions or other pretrial or trial proceedings), that the Producing Party 18 affix the legend “CONFIDENTIAL” to each page that contains protected material. If only a portion 19 or portions of the material on a page qualifies for protection, the Producing Party also must clearly 20 identify the protected portion(s) (e.g., by making appropriate markings in the margins). A Party or 21 Non-Party that makes original documents or materials available for inspection need not designate 22 them for protection until after the inspecting Party has indicated which material it would like copied 23 and produced. During the inspection and before the designation, all of the material made available 24 for inspection shall be deemed “CONFIDENTIAL.” After the inspecting Party has identified the 25 documents it wants copied and produced, the Producing Party must determine which documents, or 26 portions thereof, qualify for protection under this Order. Then, before producing the specified 27 documents, the Producing Party must affix the “CONFIDENTIAL” legend to each page that 28 contains Protected Material. If only a portion or portions of the material on a page qualifies for GW08-0000219 13741713.1 4 ORDER RE: PARTIES’ STIPULATED PROTECTIVE ORDER 1 protection, the Producing Party also must clearly identify the protected portion(s) (e.g., by making 2 appropriate markings in the margins). (b) for testimony given in deposition or in other pretrial or trial proceedings, that the 3 4 Designating Party identify on the record, before the close of the deposition, hearing, or other 5 proceeding, all protected testimony. (c) for information produced in some form other than documentary and for any other 6 7 tangible items, that the Producing Party affix in a prominent place on the exterior of the container or 8 containers in which the information or item is stored the legend “CONFIDENTIAL.” If only a 9 portion or portions of the information or item warrant protection, the Producing Party, to the extent 10 practicable, shall identify the protected portion(s). 5.3 11 Inadvertent Failures to Designate. If timely corrected, an inadvertent failure to 12 designate qualified information or items does not, standing alone, waive the Designating Party’s 13 right to secure protection under this Order for such material. Upon timely correction of a 14 designation, the Receiving Party must make reasonable efforts to assure that the material is treated 15 in accordance with the provisions of this Order. 16 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS 17 6.1 Timing of Challenges. Any Party or Non-Party may challenge a designation of 18 confidentiality at any time. Unless a prompt challenge to a Designating Party’s confidentiality 19 designation is necessary to avoid foreseeable, substantial unfairness, unnecessary economic 20 burdens, or a significant disruption or delay of the litigation, a Party does not waive its right to 21 challenge a confidentiality designation by electing not to mount a challenge promptly after the 22 original designation is disclosed. 23 6.2 Meet and Confer. The Challenging Party shall initiate the dispute resolution process 24 by providing written notice of each designation she and/or it is challenging and describing the basis 25 for each challenge. To avoid ambiguity as to whether a challenge has been made, the written notice 26 must recite that the challenge to confidentiality is being made in accordance with this specific 27 paragraph of the Protective Order. The parties shall attempt to resolve each challenge in good faith 28 and must begin the process by conferring directly– via telephone and/or written communication – GW08-0000219 13741713.1 5 ORDER RE: PARTIES’ STIPULATED PROTECTIVE ORDER 1 within 14 days of the date of service of notice. In conferring, the Challenging Party must explain 2 the basis for its belief that the confidentiality designation was not proper and must give the 3 Designating Party an opportunity to review the designated material, to reconsider the 4 circumstances, and, if no change in designation is offered, to explain the basis for the chosen 5 designation. A Challenging Party may proceed to the next stage of the challenge process only if it 6 has engaged in this meet and confer process first or establishes that the Designating Party is 7 unwilling to participate in the meet and confer process in a timely manner. 8 6.3 Judicial Intervention. If the Parties cannot resolve a challenge without court 9 intervention, the Designating Party shall file and serve a motion to retain confidentiality within 10 under Civil Local Rule 141 within 21 days of the initial notice of challenge or within 14 days of the 11 Parties agreeing that the meet and confer process will not resolve their dispute, whichever is earlier. 12 Each such motion must be accompanied by a competent declaration affirming that the movant has 13 complied with the meet and confer requirements imposed in the preceding paragraph. Failure by the 14 Designating Party to make such a motion including the required declaration within 21 days (or 14 15 days, if applicable) shall automatically waive the confidentiality designation for each challenged 16 designation. In addition, the Challenging Party may file a motion challenging a confidentiality 17 designation at any time if there is good cause for doing so, including a challenge to the designation 18 of a deposition transcript or any portions thereof. Any motion brought pursuant to this provision 19 must be accompanied by a competent declaration affirming that the movant has complied with the 20 meet and confer requirements imposed by the preceding paragraph. 21 The burden of persuasion in any such challenge proceeding shall be on the Designating 22 Party. Frivolous challenges and those made for an improper purpose (e.g., to harass or impose 23 unnecessary expenses and burdens on other parties) may expose the Challenging Party to sanctions. 24 Unless the Designating Party has waived the confidentiality designation by failing to file a motion 25 to retain confidentiality as described above, all parties shall continue to afford the material in 26 question the level of protection to which it is entitled under the Producing Party’s designation until 27 the court rules on the challenge. 28 GW08-0000219 13741713.1 6 ORDER RE: PARTIES’ STIPULATED PROTECTIVE ORDER 1 7. ACCESS TO AND USE OF PROTECTED MATERIAL 2 7.1 Basic Principles. A Receiving Party may use Protected Material that is disclosed or 3 produced by another Party or by a Non-Party in connection with this case only for prosecuting, 4 defending, or attempting to settle this litigation. Such Protected Material may be disclosed only to 5 the categories of persons and under the conditions described in this Order. When the litigation has 6 been terminated, a Receiving Party must comply with the provisions of section 13 below (FINAL 7 DISPOSITION). Protected Material must be stored and maintained by a Receiving Party at a 8 location and in a secure manner that ensures that access is limited to the persons authorized under 9 this Order. 10 7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless otherwise ordered 11 by the Court or permitted in writing by the Designating Party, a Receiving Party may disclose any 12 information or item designated “CONFIDENTIAL” only to: (a) the Receiving Party’s Outside Counsel of Record in this action, as well as 13 14 employees of said Outside Counsel of Record to whom it is reasonably necessary to disclose the 15 information for this litigation, provided, however, that by signing below, Outside Counsel of 16 Record agrees to be bound by the terms of this Stipulated Protective Order and that each non17 attorney given access to Protected Material shall be advised that such Protected Materials are being 18 disclosed pursuant to and are subject to the terms of this Stipulation and Order and that they may 19 not be disclosed other than pursuant to the terms of this Stipulation and Order; (b) the officers, directors, partners, insurers, and employees (including House Counsel) 20 21 of the Receiving Party to whom disclosure is reasonably necessary for this litigation, and who have 22 signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A); (c) Experts (as defined in this Order) of the Receiving Party to whom disclosure is 23 24 reasonably necessary for this litigation and who have signed the “Acknowledgment and Agreement 25 to Be Bound” (Exhibit A); 26 (d) the Court and its personnel; 27 (e) Court reporters and their staff, professional jury or trial consultants, mock jurors, 28 and Professional Vendors to whom disclosure is reasonably necessary for this litigation, and who GW08-0000219 13741713.1 7 ORDER RE: PARTIES’ STIPULATED PROTECTIVE ORDER 1 have signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A); (f) during their depositions, witnesses in the action to whom disclosure is reasonably 2 3 necessary and who have signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A), 4 unless otherwise agreed by the Designating Party or ordered by the Court. Pages of transcribed 5 deposition testimony or exhibits to depositions that reveal Protected Material must be separately 6 bound by the court reporter and may not be disclosed to anyone except as permitted under this 7 Stipulated Protective Order. (g) the author or recipient of a document containing the information or a custodian or 8 9 other person who otherwise possessed or knew the information. 10 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED IN OTHER 11 LITIGATION 12 If a Party is served with a subpoena or a court order issued in other litigation that compels 13 disclosure of any information or items designated in this action as “CONFIDENTIAL,” that Party 14 must: (a) promptly notify in writing the Designating Party. Such notification shall include a 15 16 copy of the subpoena or court order; (b) promptly notify in writing the party who caused the subpoena or order to issue in the 17 18 other litigation that some or all of the material covered by the subpoena or order is subject to this 19 Protective Order. Such notification shall include a copy of this Stipulated Protective Order; and (c) cooperate with respect to all reasonable procedures sought to be pursued by the 20 21 Designating Party whose Protected Material may be affected. 22 If the Designating Party timely seeks a protective order, the Party served with the subpoena 23 or court order shall not produce any information designated in this action as “CONFIDENTIAL” 24 before a determination by the court from which the subpoena or order issued, unless the Party has 25 obtained the Designating Party’s permission. The Designating Party shall bear the burden and 26 expense of seeking protection in that court of its confidential material – and nothing in these 27 provisions should be construed as authorizing or encouraging a Receiving Party in this action to 28 disobey a lawful directive from another court. GW08-0000219 13741713.1 8 ORDER RE: PARTIES’ STIPULATED PROTECTIVE ORDER 1 9. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE PRODUCED IN THIS 2 LITIGATION (a) The terms of this Order are applicable to information produced by a Non-Party in 3 4 this action and designated as “CONFIDENTIAL.” Such information produced by Non-Parties in 5 connection with this litigation is protected by the remedies and relief provided by this Order. 6 Nothing in these provisions should be construed as prohibiting a Non-Party from seeking additional 7 protections. (b) In the event that a Party is required, by a valid discovery request, to produce a Non- 8 9 Party’s confidential information in her and/or its possession, and the Party is subject to an 10 agreement with the Non-Party not to produce the Non-Party’s confidential information, then the 11 Party shall: (1) promptly notify in writing the Requesting Party and the Non-Party that some or 12 13 all of the information requested is subject to a confidentiality agreement with a Non-Party; (2) promptly provide the Non-Party with a copy of the Stipulated Protective Order 14 15 in this litigation, the relevant discovery request(s), and a reasonably specific description of the 16 information requested; and 17 (3) make the information requested available for inspection by the Non-Party. 18 (c) If the Non-Party fails to object or seek a protective order from this Court within 14 19 days of receiving the notice and accompanying information, the Receiving Party may produce the 20 Non-Party’s confidential information responsive to the discovery request. If the Non-Party timely 21 seeks a protective order, the Receiving Party shall not produce any information in its possession or 22 control that is subject to the confidentiality agreement with the Non-Party before a determination by 23 the Court. Absent a court order to the contrary, the Non-Party shall bear the burden and expense of 24 seeking protection in this court of its Protected Material. 25 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL 26 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed Protected 27 Material to any person or in any circumstance not authorized under this Stipulated Protective Order, 28 the Receiving Party must immediately (a) notify in writing the Designating Party of the GW08-0000219 13741713.1 9 ORDER RE: PARTIES’ STIPULATED PROTECTIVE ORDER 1 unauthorized disclosures, (b) use its best efforts to retrieve all unauthorized copies of the Protected 2 Material, (c) inform the person or persons to whom unauthorized disclosures were made of all the 3 terms of this Order, and (d) request such person or persons to execute the “Acknowledgment and 4 Agreement to Be Bound” that is attached hereto as Exhibit A. 5 11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE PROTECTED 6 MATERIAL 7 When a Producing Party gives notice to Receiving Party that certain inadvertently produced 8 material is subject to a claim of privilege or other protection, the obligations of the Receiving Party 9 are those set forth in Federal Rule of Civil Procedure 26(b)(5)(B). This provision is not intended to 10 modify whatever procedure may be established in an e-discovery order that provides for production 11 without prior privilege review. Pursuant to Federal Rule of Evidence 502(d) and (e), insofar as the 12 parties reach an agreement on the effect of disclosure of a communication or information covered 13 by the attorney-client privilege or work product protection, the Parties may incorporate their 14 agreement in the stipulated protective order submitted to the Court. 15 12. MISCELLANEOUS 16 12.1 Right to Further Relief. Nothing in this Order abridges the right of any person to 17 seek its modification by the Court in the future. 18 12.2 Right to Assert Other Objections. By stipulating to the entry of this Protective Order 19 no Party waives any right it otherwise would have to object to disclosing or producing any 20 information or item on any ground not addressed in this Stipulated Protective Order. Similarly, no 21 Party waives any right to object on any ground to use in evidence of any of the material covered by 22 this Protective Order. 23 12.3 Filing Protected Material. Without written permission from the Designating Party or 24 a court order secured after appropriate notice to all interested persons, a Party may not file in the 25 public record in this action any Protected Material. A Party that seeks to file under seal any 26 Protected Material must comply with Civil Local Rule 141. Protected Material may only be filed 27 under seal pursuant to a court order authorizing the sealing of the specific Protected Material at 28 issue. Pursuant to Civil Local Rule 141, a sealing order will issue only upon a request establishing GW08-0000219 13741713.1 10 ORDER RE: PARTIES’ STIPULATED PROTECTIVE ORDER 1 that the Protected Material at issue is privileged, protectable as a trade secret, or otherwise entitled 2 to protection under the law. If a Receiving Party’s request to file Protected Material under seal 3 Pursuant to Civil Local Rule 141 is denied by the Court, then the Receiving Party may file the 4 information in the public record pursuant to Civil Local Rule 141 unless otherwise instructed by the 5 Court. 6 13. FINAL DISPOSITION 7 Within 60 days after the final disposition of this action, as defined in paragraph 4, each 8 Receiving Party must return all Protected Material to the Producing Party or destroy such material. 9 As used in this subdivision, “all Protected Material” includes all copies, abstracts, compilations, 10 summaries, and any other format reproducing or capturing any of the Protected Material. Whether 11 the Protected Material is returned or destroyed, the Receiving Party must submit a written 12 certification to the Producing Party (and, if not the same person or entity, to the Designating Party) 13 by the 60 day deadline that (1) identifies (by category, where appropriate) all the Protected Material 14 that was returned or destroyed and (2) affirms that the Receiving Party has not retained any copies, 15 abstracts, compilations, summaries or any other format reproducing or capturing any of the 16 Protected Material. Notwithstanding this provision, Counsel are entitled to retain an archival copy 17 of all pleadings, motion papers, trial, deposition, and hearing transcripts, legal memoranda, 18 correspondence, deposition and trial exhibits, expert reports, attorney work product, and consultant 19 and expert work product, even if such materials contain Protected Material. 20 \\\ 21 \\\ 22 \\\ 23 \\\ 24 \\\ 25 \\\ 26 \\\ 27 \\\ 28 \\\ GW08-0000219 13741713.1 11 ORDER RE: PARTIES’ STIPULATED PROTECTIVE ORDER 1 Any such archival copies that contain or constitute Protected Material remain subject to this 2 Protective Order as set forth in Section 4 (DURATION). 3 IT IS SO STIPULATED. 4 5 Dated: April __, 2021 HAIGHT BROWN & BONESTEEL LLP 6 7 By: Krsto Mijanovic Steven A. Scordalakis Attorneys for Defendant/Cross-Defendant GENOX TRANSPORTATION, INC. 8 9 10 11 Dated: April __, 2021 PETRIE LEATH LARRIVEE & O’ROURKE, LLP 12 13 By: David M. Leath Attorneys for Plaintiff PMA COMPANIES 14 15 16 Dated: April __, 2021 ARIAS & LOCKWOOD, APLC 17 18 By: 19 Christopher D. Lockwood Attorneys for Defendant/Cross-Claimant/ThirdParty Plaintiff APPLIED LNG TECHNOLOGIES, LLC 20 21 22 Dated: April __, 2021 23 Santa Cruz, Cannon & Kothary Employees of Liberty Mutual Group, Inc. 24 25 By: 26 Penny Ostin Attorneys for Defendant/Cross-Claimant/ThirdParty Plaintiff APPLIED LNG TECHNOLOGIES, LLC 27 28 GW08-0000219 13741713.1 12 ORDER RE: PARTIES’ STIPULATED PROTECTIVE ORDER 1 Dated: April __, 2021 FULLER LAW GROUP P.C. 2 3 By: 4 Craig Fuller Attorney for Third-Party Defendant CLEANCOR LNG, LLC 5 6 7 PURSUANT TO STIPULATION, IT IS SO ORDERED. 8 9 DATED: ________________________ 10 11 ____________________________________ JUDGE OF THE UNITED STATES DISTRICT COURT, SOUTHERN DISTRICT OF CALIFORNIA 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 GW08-0000219 13741713.1 13 ORDER RE: PARTIES’ STIPULATED PROTECTIVE ORDER 1 EXHIBIT A 2 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND 3 I, _____________________________ [print or type full name], of 4 ___________________________________________ [print or type full address], declare under penalty 5 of perjury that I have read in its entirety and understand the Stipulated Protective Order that was issued 6 by the United States District Court for the Southern District of California on April ___, 2021 in the case 7 of PMA Companies v. Genox Transportation, Inc., et al. and Related Cross-Action and Third Party 8 Plaintiff Action, Case No. 20CV2540 JLS MSB. I agree to comply with and to be bound by all the 9 terms of this Stipulated Protective Order and I understand and acknowledge that failure to so comply 10 could expose me to sanctions and punishment in the nature of contempt. I solemnly promise that I will 11 not disclose in any manner any information or item that is subject to this Stipulated Protective Order to 12 any person or entity except in strict compliance with the provisions of this Order. 13 I further agree to submit to the jurisdiction of Sacramento County Superior Court for the 14 purpose of enforcing the terms of this Stipulated Protective Order, even if such enforcement 15 proceedings occur after termination of this action. 16 I hereby appoint __________________________ [print or type full name] of 17 _______________________________________ [print or type full address and telephone number] as 18 my California agent for service of process in connection with this action or any proceedings related to 19 enforcement of this Stipulated Protective Order. 20 21 Date: ______________________________________ 22 City and State where sworn and signed: _________________________________ 23 24 Printed name: _______________________________ 25 26 Signature: ________________________________ 27 28 GW08-0000219 13741713.1 14 ORDER RE: PARTIES’ STIPULATED PROTECTIVE ORDER
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