IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA SACRAMENTO DIVISION
December 1, 2009
CALIFORNIA DEPARTMENT OF WATER RESOURCES, PLAINTIFF,
POWEREX CORP., A CANADIAN CORPORATION, DBA POWEREX ENERGY CORP., DEFENDANTS.
The opinion of the court was delivered by: Edmund F. Brennan United States Magistrate Judge
AGREED ORDER MODIFYING THE PROTECTIVE ORDER Date: December 2, 2009 Courtroom: 25 Time: 10:00 a.m. Trial Date May 18, 2010
Magistrate Judge Edmund F. Brennan
Having considered CDWR's Motion to Modify the Protective Order, the response, the pleadings and having been advised by counsel that an agreement had been reached on the terms of the Modification:
IT IS, THEREFORE, ORDERED that the Stipulation and Protective Order [Docket No. 111] be modified as follows:
1. Add an additional sentence to paragraph 11 as follows:
"(j) parties, interveners or FERC personnel in FERC Docket Nos. EL09-56, EL00-95, EL01-10, EL01-68, and EL02-71."
2. Revise Paragraph 14 to read:
All information designated as Confidential Information shall be used only for the purpose of this litigation and the following FERC Docket Nos.: EL09-56, EL00-95, EL01-10, EL01-68, and EL02-71, subject to FERC orders and standards of confidentiality; and shall not be made public by the receiving party, or any agents thereof, or divulged to anyone other than the persons permitted access as set forth in paragraph 11 above. Any person in possession of Confidential Information shall maintain it in a reasonably secure manner to avoid disclosure of its contents.
3. Revise Paragraph 27 to read:
All Confidential Information disclosed in this litigation shall be used solely for this litigation or FERC proceedings specified in Paragraph 14, and not for any business, competitive, or other purposes whatsoever.
4. Add Paragraph 32 to read:
Notwithstanding any other provision of this Protective Order, any Confidential Information disclosed pursuant to paragraph 11(j) shall be governed expressly by this Protective Order, and additionally by any existing or future protective orders entered in FERC Docket Nos. EL09-56, EL00-95, EL01-10, EL01-68, and EL02- 71, and by FERC standards of confidentiality including, without limitation, 18 C.F.R. § 388.112 (2009).
5. Add Paragraph 33 to read:
Notwithstanding any other provision of this Protective Order, deposition transcripts created in FERC Docket Nos. EL02-60 and EL02-62 and produced by CDWR in this proceeding may not be disclosed pursuant to paragraph 11(j).
IT IS FURTHER ORDERED that, in light of the parties' agreement, the December 2, 2009 hearing on plaintiff's motion to modify the parties' protective order is vacated, and defendant's motion to seal an unredacted version of its partial opposition to plaintiff's motion and related exhibits, Dckt. No. 215, is deemed withdrawn. The Clerk is directed to return the unredacted partial opposition and proposed sealed documents that defendant submitted to the court (Exhibits A, B, C, D, E, and F to the Declaration of J. Clifford Gunter) to defendant at the following address:
J. Clifford Gunter, III Bracewell & Giuliani, LLP South Tower Pennzoil Place 711 Louisiana Street Suite 2300 Houston, TX 77002
IT IS SO ORDERED.
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