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Trodella & Lapping LLP

540 Pacific Avenue

San Francisco, CA 94133

Richard A. Lapping (SBN: 107496)

TRODELLA & LAPPING LLP

540 Pacific Avenue

San Francisco, CA 94133

Telephone: (415) 399-1015

Facsimile: (415) 651-9004

 Rich@TrodellaLapping.com

Attorneys for Valero Refining Company-California 

UNITED STATES BANKRUPTCY COURT

NORTHERN DISTRICT OF CALIFORNIA 

SAN FRANCISCO DIVISION

In re:

PG&E CORPORATION,

-andPACIFIC GAS & ELECTRIC COMPANY,

Debtors.

□ Affects PG&E Corporation

■ Affects Pacific Gas and Electric Company

□ Affects both Debtors

* All papers shall be filed in the Lead Case,

No. 19-30088 (DM).

Case No.: 19-30088-DM

Chapter 11

MOTION TO FILE REDACTED 

DOCUMENT AND TO FILE DOCUMENTS 

UNDER SEAL; DECLARATION OF 

RICHARD A. LAPPING

Date: May 9, 2019

Time: 9:30 a.m.

Place: Courtroom 17

450 Golden Gate Avenue, 16th Floor

San Francisco, California

Judge: Hon. Dennis Montali

TO THE COURT AND ALL PARTIES AND THEIR ATTORNEYS OF RECORD: 

Creditor Valero Refining Company-California (“Valero”) hereby submits this motion (“Seal 

Motion”) pursuant to Bankruptcy Code § 107(b), 11 U.S.C., Federal Rule of Bankruptcy Procedure 

9018, the Court’s New District Wide Procedures for Electronically Filing Sealed and Redacted 

Documents, and District Court Local Rule 79-5, made applicable by Bankruptcy Local Rule 1001-

2(a) (the “Seal Procedures”), for entry of an order granting or denying the redaction and sealing of 

documents as described in this Seal Motion and the Declaration of Richard A. Lapping (the 

“Declaration”). 

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Trodella & Lapping LLP

540 Pacific Avenue

San Francisco, CA 94133

As set forth in the Declaration, Valero received in discovery copies of two insurance policies 

(“Policies”) of Pacific Gas & Electric Company (“PG&E”) in the litigation case of VALERO 

REFINING COMPANY-CALIFORNIA, a Delaware corporation v. PACIFIC GAS & ELECTRIC 

COMPANY, a California corporation, pending as Case No. 2:17-cv-01350-TLN-EFB in United 

States District Court for the Eastern District of California before the Honorable Troy L. Nunley, 

United States District Judge (the “District Court Action”). 

A stipulated protective order was entered in the District Court Action that permitted the 

parties to designate documents produced in discovery as “CONFIDENTIAL– SUBJECT TO 

PROTECTIVE ORDER.” PG&E placed that designation on the Policies when produced. 

On April 23, 2019, PG&E and Valero reached a stipulation that allowed Valero to file the 

Policies under seal pursuant to the Seal Procedures. (Docket 1630). On April 28, 2019, the Court 

entered its Order approving the Stipulation. (Docket 1752).

Prior to filing this Seal Motion, Valero has filed a Motion for Relief from Stay (the “Stay 

Motion”) to permit it to conclude the District Court Action. The Stay Motion is supported by the 

Declaration of John Cox (“Cox Declaration”). In the Stay Motion, Valero discusses certain terms 

and conditions of the Policies as they pertain to Valero’s request for relief from stay. Those 

provisions are redacted in the Stay Motion as filed, and are subject to the Seal Motion’s request to 

rule on the redactions. The Policies would be attached as Exhibits 3 and 4 to the Cox Declaration. 

Valero is skeptical that the Policies or the contents thereof, were appropriately designated as 

confidential under the protective order in the District Action, or if they were, that they remain 

commercially confidential in the context of this bankruptcy case within the meaning of Bankruptcy 

Code § 107(b). Nonetheless, Valero remains subject to the District Court’s protective order and 

PG&E’s designation thereunder, and thus brings this Seal Motion under District Court Rule 79-5(e), 

which provides:

Documents Designated as Confidential or Subject to a Protective 

Order. If the Submitting Party is seeking to file under seal a document 

designated as confidential by the opposing party or a non-party 

pursuant to a protective order, or a document containing information 

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Trodella & Lapping LLP

540 Pacific Avenue

San Francisco, CA 94133

so designated by an opposing party or a non-party, the Submitting 

Party's declaration in support of the Administrative Motion to File 

Under Seal must identify the document or portions thereof which 

contain the designated confidential material and identify the party that 

has designated the material as confidential ("the Designating Party"). 

The declaration must be served on the Designating Party on the same 

day it is filed and a proof of such service must also be filed.

(1) Within 4 days of the filing of the Administrative

Motion to File Under Seal, the Designating Party must 

file a declaration as required by subsection 79-

5(d)(1)(A) establishing that all of the designated 

material is sealable.

(2) If the Designating Party does not file a responsive 

declaration as required by subsection 79-5(e)(1) and the 

Administrative Motion to File Under Seal is denied, the 

Submitting Party may file the document in the public 

record no earlier than 4 days, and no later than 10 days, 

after the motion is denied. A Judge may delay the 

public docketing of the document upon a showing of 

good cause.

As the Submitting Party under the foregoing local rule, Valero will, simultaneously with 

filing the Seal Motion, serve PG&E as the Submitting Party with this Seal Motion and, by email to 

its attorneys of record, a copy of the chambers copy of the Stay Motion that highlights the redacted 

information, as well as copies of the Policies. 

Dated: May 6, 2019 TRODELLA & LAPPING LLP

By: /s/ Richard A. Lapping 

Richard A. Lapping

Attorneys for Valero Refining CompanyCalifornia

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Trodella & Lapping LLP

540 Pacific Avenue

San Francisco, CA 94133

DECLARATION OF RICHARD A. LAPPING

I, Richard A. Lapping, declare as follows: 

1 I am an attorney at law, licensed to practice in the State of California and admitted to 

the bar of this Court. I am a partner with the firm of Trodella & Lapping LLP, attorneys for moving 

party Valero Refining Company-California. I make this declaration in that capacity and, if called 

upon to do so, I could and would testify of my own personal knowledge to the facts set forth herein.

2. This declaration (“Declaration”) is submitted in support of Valero’s Motion To File 

Redacted Document And To File Documents Under Seal. 

3. Except as otherwise indicated, all statements set forth in this Declaration are based 

upon my personal knowledge or my review of relevant records and documents. If called upon to 

testify, I could and would testify competently to the facts set forth in this Declaration.

5. Attached hereto as Exhibit 1 is a true and correct copy the Amended Stipulated 

Protective Order entered in the District Court Action. Exhibit 1 will be filed in the public record of 

this case. 

4. Attached hereto as Exhibit 2 is a copy of the unredacted version of Valero’s Motion 

for Relief from Stay, highlighted to indicate proposed redactions. Exhibit 2 is not filed in the public 

record of this case. 

5. Attached hereto as Exhibits 3 and 4 are true and correct copies of the Policies that are 

the proposed documents filed under seal. I am informed, based on the Declaration of John Cox, that 

Exhibits 3 and 4 were produced and designated as confidential by PG&E in discovery in the District 

Court Action. Exhibits 3 and 4 are not filed in the public record of this case. 

I declare under penalty of perjury under the laws of the United States of America that the 

foregoing information is true and correct.

Dated: May 6, 2019

 /s/ Richard A. Lapping 

Richard A. Lapping

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EXHIBIT 1

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NATHAN R. JASKOWIAK, CASB No. 248007

ALEXANDER J. BUKAC, CASB No. 305491 

KEESAL, YOUNG & LOGAN 

A Professional Corporation 

450 Pacific Avenue 

San Francisco, California 94133 

Telephone: (415) 398-6000 

Facsimile: (415) 981-0136 

MIKAL C. WATTS (admitted pro hac vice) 

FRANCISCO GUERRA IV (admitted pro hac 

vice) 

MARK A. FASSOLD (admitted pro hac vice) 

WATTS GUERRA, L.L.P. 

Four Dominion Drive 

Bldg. 3, Suite 100 

San Antonio, Texas 78257 

Telephone: (210) 527-0500 

Facsimile: (210) 527-0501 

Attorneys for Plaintiff 

VALERO REFINING COMPANY -- 

CALIFORNIA 

LAURIE EDELSTEIN (Bar No. 164466)

SARAH K. JACKEL (Bar No. 289227) 

STEPTOE & JOHNSON LLP 

One Market Street 

Steuart Tower, Suite 1800 

San Francisco, California 94105 

Telephone: (415) 365-6700 

Facsimile: (415) 365-6699 

ledelstein@steptoe.com 

sjackel@steptoe.com 

MICHAEL DOCKTERMAN (admitted pro hac vice)

STEPTOE & JOHNSON LLP 

115 S. LaSalle Street, Suite 3100 

Chicago, Illinois 60603 

Telephone: (312) 577-1300 

Facsimile: (312) 577-1370 

Attorneys for Defendant 

PACIFIC GAS AND ELECTRIC COMPANY

UNITED STATES DISTRICT COURT 

EASTERN DISTRICT OF CALIFORNIA 

VALERO REFINING COMPANY --

CALIFORNIA, a Delaware corporation, 

Plaintiff, 

vs. 

PACIFIC GAS AND ELECTRIC COMPANY, a 

California corporation, 

Defendant. 

) 

) 

) 

) 

) 

) 

) 

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) 

Case No. 2:17−CV−01350−TLN−EFB

[PROPOSED] AMENDED STIPULATED 

PROTECTIVE ORDER 

 

 

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Plaintiff Valero Refining Company – California (“Valero”) and Defendant Pacific Gas and 

Electric Company (“PG&E”) (together, the “parties”), by and through their respective counsel of 

record, hereby stipulate and agree as follows: 

1. PURPOSES AND LIMITATIONS 

Disclosure and discovery activity in this action are likely to involve production of confidential, 

proprietary, or private information for which special protection from public disclosure and from use 

for any purpose other than prosecuting this litigation may be warranted. Accordingly, the parties 

hereby stipulate to and petition the court to enter the following Stipulated Protective Order. The 

parties acknowledge that this Order does not confer blanket protections on all disclosures or responses 

to discovery and that the protection it affords from public disclosure and use extends only to the 

limited information or items that are entitled to confidential treatment under the applicable legal 

principles. The parties further acknowledge, as set forth in Section 12.3, below, that this Stipulated 

Protective Order does not entitle them to file confidential information under seal; Civil Local Rule 141 

sets forth the procedures that must be followed and the standards that will be applied when a party 

seeks permission from the court to file material under seal. 

2. DEFINITIONS 

2.1 Challenging Party: a Party or Non-Party that challenges the designation of information 

or items under this Order. 

2.2 “CONFIDENTIAL– SUBJECT TO PROTECTIVE ORDER” Information or Items: 

information (regardless of how it is generated, stored or maintained) or tangible things that qualify for 

protection under Federal Rule of Civil Procedure 26(c). 

2.3 Counsel (without qualifier): Outside Counsel of Record and House Counsel (as well as 

their support staff). 

2.5 Designating Party: a Party or Non-Party that designates information or items that it 

produces in disclosures or in responses to discovery as “CONFIDENTIAL– SUBJECT TO 

PROTECTIVE ORDER” or “HIGHLY CONFIDENTIAL – SUBJECT TO PROTECTIVE ORDER.” 

2.6 Disclosure or Discovery Material: all items or information, regardless of the medium or 

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manner in which it is generated, stored, or maintained (including, among other things, testimony, 

transcripts, and tangible things), that are produced or generated in disclosures or responses to 

discovery in this matter. 

2.7 Expert: a person with specialized knowledge or experience in a matter pertinent to the 

litigation who has been retained by a Party, its counsel, or its insurer to serve as an expert witness or 

as a consultant in this action. 

2.8 “HIGHLY CONFIDENTIAL– SUBJECT TO PROTECTIVE ORDER” Information or 

Items: extremely sensitive “Confidential – Subject to Protective Order – Information or Items,” 

disclosure of which to another Party or Non-Party would create a substantial risk of irreparable harm. 

2.9 House Counsel: attorneys who are employees of a party to this action. House Counsel 

does not include Outside Counsel of Record or any other outside counsel. 

2.10 Non-Party: any natural person, partnership, corporation, association, or other legal 

entity not named as a Party to this action. 

2.11 Outside Counsel of Record: attorneys who are not employees of a party to this action 

but are retained to represent or advise a party to this action and have appeared in this action on behalf 

of that party or are affiliated with a law firm which has appeared on behalf of that party. 

2.12 Party: any party to this action, including all of its officers, directors, employees, 

consultants, retained experts, and Outside Counsel of Record (and their support staffs). 

2.13 Producing Party: a Party or Non-Party that produces Disclosure or Discovery Material 

in this action. 

2.14 Professional Vendors: persons or entities that provide litigation support services (e.g., 

photocopying, videotaping, translating, preparing exhibits or demonstrations, and organizing, storing, 

or retrieving data in any form or medium) and their employees and subcontractors. 

2.15 Protected Material: any Disclosure or Discovery Material that is designated as 

“CONFIDENTIAL– SUBJECT TO PROTECTIVE ORDER,” or as “HIGHLY CONFIDENTIAL – 

SUBJECT TO PROTECTIVE ORDER.” 

2.16 Receiving Party: a Party that receives Disclosure or Discovery Material from a 

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Producing Party. 

3. SCOPE 

The protections conferred by this Stipulation and Order cover not only Protected Material (as 

defined above), but also (1) any information copied or extracted from Protected Material; (2) all 

copies, excerpts, summaries, or compilations of Protected Material; and (3) any testimony, 

conversations, or presentations by Parties or their Counsel that might reveal Protected Material. 

However, the protections conferred by this Stipulation and Order do not cover the following 

information: (a) any information that is in the public domain at the time of disclosure to a Receiving 

Party or becomes part of the public domain after its disclosure to a Receiving Party as a result of 

publication not involving a violation of this Order, including becoming part of the public record 

through trial or otherwise; and (b) any information known to the Receiving Party prior to the 

disclosure or obtained by the Receiving Party after the disclosure from a source who obtained the 

information lawfully and under no obligation of confidentiality to the Designating Party. Any use of 

Protected Material at trial shall be governed by a separate agreement or order. 

4. DURATION 

Even after final disposition of this litigation, the confidentiality obligations imposed by this 

Order shall remain in effect until a Designating Party agrees otherwise in writing or a court order 

otherwise directs. Final disposition shall be deemed to be the later of (1) dismissal of all claims and 

defenses in this action, with or without prejudice; and (2) final judgment herein after the completion 

and exhaustion of all appeals, rehearings, remands, trials, or reviews of this action, including the time 

limits for filing any motions or applications for extension of time pursuant to applicable law. 

5. DESIGNATING PROTECTED MATERIAL 

5.1 Exercise of Restraint and Care in Designating Material for Protection. Each Party or 

Non-Party that designates information or items for protection under this Order must take care to limit 

any such designation to specific material that qualifies under the appropriate standards. To the extent it 

is practical to do so, the Designating Party must designate for protection only those parts of material, 

documents, items, or oral or written communications that qualify – so that other portions of the 

material, documents, items, or communications for which protection is not warranted are not swept 

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unjustifiably within the ambit of this Order. 

Mass, indiscriminate, or routinized designations are prohibited. Designations that are shown to 

be clearly unjustified or that have been made for an improper purpose (e.g., to unnecessarily encumber 

or retard the case development process or to impose unnecessary expenses and burdens on other 

parties) expose the Designating Party to sanctions. 

If it comes to a Designating Party’s attention that information or items that it designated for 

protection do not qualify for protection at all or do not qualify for the level of protection initially 

asserted, that Designating Party must promptly notify all other parties that it is withdrawing the 

mistaken designation. 

5.2 Manner and Timing of Designations. Except as otherwise provided in this Order (see, 

e.g., second paragraph of section 5.2(a) below), or as otherwise stipulated or ordered, Disclosure or 

Discovery Material that qualifies for protection under this Order must be clearly so designated before 

the material is disclosed or produced. 

Designation in conformity with this Order requires: 

(a) for information in documentary form (e.g., paper or electronic documents, but excluding 

transcripts of depositions or other pretrial or trial proceedings), that the Producing Party affix the 

legend “CONFIDENTIAL – SUBJECT TO PROTECTIVE ORDER” or “HIGHLY CONFIDENTIAL 

– SUBJECT TO PROTECTIVE ORDER” to each page that contains Protected Material. If only a 

portion or portions of the material on a page qualifies for protection, the Producing Party also must 

clearly identify the protected portion(s) (e.g., by making appropriate markings in the margins) and 

must specify, for each portion, the level of protection being asserted. 

A Party or Non-Party that makes original documents or materials available for inspection need 

not designate them for protection until after the inspecting Party has indicated which material it would 

like copied and produced. During the inspection and before the designation, all of the material made 

available for inspection shall be deemed “HIGHLY CONFIDENTIAL – SUBJECT TO 

PROTECTIVE ORDER.” After the inspecting Party has identified the documents it wants copied and 

produced, the Producing Party must determine which documents, or portions thereof, qualify for 

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protection under this Order. Then, before producing the specified documents, the Producing Party 

must affix the appropriate legend (“CONFIDENTIAL – SUBJECT TO PROTECTIVE ORDER” or 

“HIGHLY CONFIDENTIAL – SUBJECT TO PROTECTIVE ORDER”) to each page that contains 

Protected Material. If only a portion or portions of the material on a page qualifies for protection, the 

Producing Party also must clearly identify the protected portion(s) (e.g., by making appropriate 

markings in the margins) and must specify, for each portion, the level of protection being asserted. 

(b) for testimony given in deposition or in other pretrial or trial proceedings, that the 

Designating Party identify on the record, before the close of the deposition, hearing, or other 

proceeding, all protected testimony and specify the level of protection being asserted. When it is 

impractical to identify separately each portion of testimony that is entitled to protection and it appears 

that substantial portions of the testimony may qualify for protection, the Designating Party may 

invoke on the record (before the deposition, hearing, or other proceeding is concluded) a right to have 

up to 30 days to identify the specific portions of the testimony as to which protection is sought and to 

specify the level of protection being asserted. Only those portions of the testimony that are 

appropriately designated for protection within the 30 days shall be covered by the provisions of this 

Stipulated Protective Order. Alternatively, a Designating Party may specify, at the deposition or up to 

30 days afterwards if that period is properly invoked, that the entire transcript shall be treated as 

“CONFIDENTIAL – SUBJECT TO PROTECTIVE ORDER” or “HIGHLY CONFIDENTIAL – 

SUBJECT TO PROTECTIVE ORDER.” 

Parties shall give the other parties notice if they reasonably expect a deposition, hearing or 

other proceeding to include Protected Material so that the other parties can ensure that only authorized 

individuals who have signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A) are 

present at those proceedings. The use of a document as an exhibit at a deposition shall not in any way 

affect its designation as “CONFIDENTIAL – SUBJECT TO PROTECTIVE ORDER” or “HIGHLY 

CONFIDENTIAL – SUBJECT TO PROTECTIVE ORDER.” 

Transcripts containing Protected Material shall have an obvious legend on the title page that 

the transcript contains Protected Material, and the title page shall be followed by a list of all pages 

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(including line numbers as appropriate) that have been designated as Protected Material and the level 

of protection being asserted by the Designating Party. The Designating Party shall inform the court 

reporter of these requirements. Any transcript that is prepared before the expiration of a 30-day period 

for designation shall be treated during that period as if it had been designated “HIGHLY 

CONFIDENTIAL – SUBJECT TO PROTECTIVE ORDER” in its entirety unless otherwise agreed. 

After the expiration of that period, the transcript shall be treated only as actually designated. 

(c) for information produced in some form other than documentary and for any other tangible 

items, the Producing Party shall affix in a prominent place on the exterior of the container or 

containers in which the information or item is stored the legend “CONFIDENTIAL – SUBJECT TO 

PROTECTIVE ORDER” or “HIGHLY CONFIDENTIAL – SUBJECT TO PROTECTIVE ORDER.” 

If only a portion or portions of the information or item warrant protection, the Producing Party, to the 

extent practicable, shall identify the protected portion(s) and specify the level of protection being 

asserted. 

5.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent failure to 

designate qualified information or items does not, standing alone, waive the Designating Party’s right 

to secure protection under this Order for such material. Upon timely correction of a designation, the 

Receiving Party must make reasonable efforts to assure that the material is treated in accordance with 

the provisions of this Order. Upon request, the Receiving Party shall delete, destroy or return material 

that was inadvertently not designated appropriately under this order and the Designating Party shall 

reproduce those same materials with the appropriate designation. 

6. CHALLENGING CONFIDENTIALITY DESIGNATIONS 

6.1 Timing of Challenges. Any Party or Non-Party may challenge a designation of 

confidentiality at any time. Unless a prompt challenge to a Designating Party’s confidentiality 

designation is necessary to avoid foreseeable, substantial unfairness, unnecessary economic burdens, 

or a significant disruption or delay of the litigation, a Party does not waive its right to challenge a 

confidentiality designation by electing not to mount a challenge promptly after the original 

designation is disclosed. 

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6.2 Meet and Confer. The Challenging Party shall initiate the dispute resolution process by 

providing written notice of each designation it is challenging and describing the basis for each 

challenge. To avoid ambiguity as to whether a challenge has been made, the written notice must recite 

that the challenge to confidentiality is being made in accordance with this specific paragraph of the 

Protective Order. The parties shall attempt to resolve each challenge in good faith and must begin the 

process by conferring directly (in voice to voice dialogue; other forms of communication are not 

sufficient) within 14 days of the date of service of notice. In conferring, the Challenging Party must 

explain the basis for its belief that the confidentiality designation was not proper and must give the 

Designating Party an opportunity to review the designated material, to reconsider the circumstances, 

and, if no change in designation is offered, to explain the basis for the chosen designation. A 

Challenging Party may proceed to the next stage of the challenge process only if it has engaged in this 

meet and confer process first or establishes that the Designating Party is unwilling to participate in the 

meet and confer process in a timely manner. 

6.3 Judicial Intervention. If the Parties cannot resolve a challenge without court 

intervention, the Designating Party shall file and serve a motion to retain confidentiality under Civil 

Local Rule 230 within 21 days of the initial notice of challenge or within 14 days of the parties 

agreeing that the meet and confer process will not resolve their dispute, whichever is earlier. Each 

such motion must be accompanied by a competent declaration affirming that the movant has complied 

with the meet and confer requirements imposed in the preceding paragraph. Failure by the Designating 

Party to make such a motion including the required declaration within 21 days (or 14 days, if 

applicable) shall automatically waive the confidentiality designation for each challenged designation. 

In addition, the Challenging Party may file a motion challenging a confidentiality designation at any 

time if there is good cause for doing so, including a challenge to the designation of a deposition 

transcript or any portions thereof. Any motion brought pursuant to this provision must be 

accompanied by a competent declaration affirming that the movant has complied with the meet and 

confer requirements imposed by the preceding paragraph. 

The burden of persuasion in any such challenge proceeding shall be on the Designating Party. 

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Frivolous challenges and those made for an improper purpose (e.g., to harass or impose unnecessary 

expenses and burdens on other parties) may expose the Challenging Party to sanctions. Unless the 

Designating Party has waived the confidentiality designation by failing to file a motion to retain 

confidentiality as described above, all parties shall continue to afford the material in question the level 

of protection to which it is entitled under the Producing Party’s designation until the court rules on the 

challenge. 

7. ACCESS TO AND USE OF PROTECTED MATERIAL 

7.1 Basic Principles. A Receiving Party may use Protected Material that is disclosed or 

produced by another Party or by a Non-Party in connection with this case only for prosecuting, 

defending, or attempting to settle this litigation. Such Protected Material may be disclosed only to the 

categories of persons and under the conditions described in this Order. When the litigation has been 

terminated, a Receiving Party must comply with the provisions of section 13 below (FINAL 

DISPOSITION). 

Protected Material must be stored and maintained by a Receiving Party at a location and in a 

secure manner that ensures that access is limited to the persons authorized under this Order. 

7.2 Disclosure of “CONFIDENTIAL – SUBJECT TO PROTECTIVE ORDER” 

Information or Items or “HIGHLY CONFIDENTIAL – SUBJECT TO PROTECTIVE ORDER” 

Information or Items. Unless otherwise ordered by the court or permitted in writing by the Designating 

Party, a Receiving Party may disclose any information or item designated “CONFIDENTIAL – 

SUBJECT TO PROTECTIVE ORDER” or “HIGHLY CONFIDENTIAL – SUBJECT TO 

PROTECTIVE ORDER” only to: 

(a) the Receiving Party’s Outside Counsel of Record in this action, as well as employees of 

said Outside Counsel of Record to whom it is reasonably necessary to disclose the information for this 

litigation and who have signed the “Acknowledgment and Agreement to Be Bound” that is attached 

hereto as Exhibit A; 

(b) the officers, directors, and employees (including House Counsel) of the Receiving Party to 

whom disclosure is reasonably necessary for this litigation and who have signed the 

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“Acknowledgment and Agreement to Be Bound” (Exhibit A); 

(c) Experts (as defined in this Order) of the Receiving Party to whom disclosure is reasonably 

necessary for this litigation and who have signed the “Acknowledgment and Agreement to Be Bound” 

(Exhibit A); 

(d) the court and its personnel; 

(e) court reporters and their staff, professional jury or trial consultants, and Professional 

Vendors to whom disclosure is reasonably necessary for this litigation and who have signed the 

“Acknowledgment and Agreement to Be Bound” (Exhibit A); 

(f) during their depositions, witnesses in the action to whom disclosure is reasonably necessary 

and who have signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A), unless 

otherwise agreed by the Designating Party or ordered by the court. Pages of transcribed deposition 

testimony or exhibits to depositions that reveal Protected Material must be separately bound by the 

court reporter and may not be disclosed to anyone except as permitted under this Stipulated Protective 

Order; 

(g) the author or recipient of a document containing the information or a custodian or other 

person who otherwise possessed or knew the information; 

(h) any insurer or insurance counsel of Receiving Party and any Expert (as defined in this 

Order) of the Receiving Party’s insurer or insurance counsel to whom disclosure is reasonably 

necessary for this litigation and who have signed the “Acknowledgment and Agreement to Be Bound” 

(Exhibit A). 

8. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED IN 

OTHER LITIGATION 

If a Party is served with a subpoena or a court order issued in other litigation that compels 

disclosure of any information or items designated in this action as “CONFIDENTIAL – SUBJECT 

TO PROTECTIVE ORDER” or “HIGHLY CONFIDENTIAL – SUBJECT TO PROTECTIVE 

ORDER” that Party must: 

(a) promptly notify in writing the Designating Party. Such notification shall include a copy of 

the subpoena or court order; 

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(b) promptly notify in writing the party who caused the subpoena or order to issue in the other 

litigation that some or all of the material covered by the subpoena or order is subject to this 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 Designating 

Party whose Protected Material may be affected. 

If the Designating Party timely seeks a protective order, the Party served with the subpoena or 

court order shall not produce any information designated in this action as “CONFIDENTIAL – 

SUBJECT TO PROTECTIVE ORDER” or “HIGHLY CONFIDENTIAL – SUBJECT TO 

PROTECTIVE ORDER” before a determination by the court from which the subpoena or order 

issued, unless the Party has obtained the Designating Party’s permission. The Designating Party shall 

bear the burden and expense of seeking protection in that court of its confidential material – and 

nothing in these provisions should be construed as authorizing or encouraging a Receiving Party in 

this action to disobey a lawful directive from another court. 

9. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE PRODUCED IN 

THIS LITIGATION 

(a) The terms of this Order are applicable to information produced by a Non-Party in this 

action and designated as “CONFIDENTIAL– SUBJECT TO PROTECTIVE ORDER” or “HIGHLY 

CONFIDENTIAL – SUBJECT TO PROTECTIVE ORDER.” Such information produced by NonParties in connection with this litigation is protected by the remedies and relief provided by this Order. 

Nothing in these provisions should be construed as prohibiting a Non-Party from seeking additional 

protections. 

(b) In the event that a Party is required, by a valid discovery request, to produce a NonParty’s confidential information in its possession, and the Party is subject to an agreement with the 

Non-Party not to produce the Non-Party’s confidential information, then the Party shall: 

1. promptly notify in writing the Requesting Party and the Non-Party that some or 

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 

in this litigation, the relevant discovery request(s), and a reasonably specific description of the 

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information requested; and 

3. make the information requested available for inspection by the Non-Party. 

(c) If the Non-Party fails to object or seek a protective order from this court within 14 days 

of receiving the notice and accompanying information, the Receiving Party may produce the NonParty’s confidential information responsive to the discovery request. If the Non-Party timely seeks a 

protective order, the Receiving Party shall not produce any information in its possession or control 

that is subject to the confidentiality agreement with the Non-Party before a determination by the court. 

Absent a court order to the contrary, the Non-Party shall bear the burden and expense of seeking 

protection in this court of its Protected Material. 

10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL 

 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed Protected 

Material to any person or in any circumstance not authorized under this Stipulated Protective Order, 

the Receiving Party must immediately (a) notify in writing the Designating Party of the unauthorized 

disclosures, (b) use its best efforts to retrieve all unauthorized copies of the Protected Material, (c) 

inform the person or persons to whom unauthorized disclosures were made of all the terms of this 

Order, and (d) request such person or persons to execute the “Acknowledgment and Agreement to Be 

Bound” that is attached hereto as Exhibit A. 

11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE 

PROTECTED MATERIAL 

(a) Non-Waiver of Protection 

Pursuant to Fed. R. Evid. 502(d), any party’s production of documents covered by an 

applicable privilege or protection shall not constitute a waiver of the privilege or protection with 

respect to those documents or the subject matter of those documents in this case or any other federal or 

state proceeding. Nothing in this paragraph shall require a party to produce documents that are 

protected from disclosure. This paragraph shall be interpreted to provide the greatest protection 

allowed by Federal Rule of Evidence 502, or otherwise permitted by law. 

Nothing herein is intended to or shall serve to limit a party’s right to conduct a review of 

documents, ESI or information (including metadata) for relevance, responsiveness and/or segregation 

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of privileged and/or protected information before production. 

(b) “Clawback” of Documents 

Any party that inadvertently discloses or produces a document or ESI that it considers 

privileged or otherwise protected from discovery will promptly give written notice to the Receiving 

Party, identifying the document or ESI in question, the asserted privilege or protection, and the 

grounds therefor. Any party that receives a document that is clearly privileged shall promptly give 

written notice to the Producing Party and identify the document(s) which appear to be privileged. 

Upon receipt of notice of the assertion of privilege or protection over produced documents or 

ESI, the Receiving Party will act in accordance with Federal Rule of Civil Procedure 26(b)(5)(B), 

including: 

 (1) to whatever extent it contests the assertion of privilege or protection, promptly so 

notify the Producing Party, and sequester and refrain from using or disclosing the contested 

documents and ESI pending resolution of the contest by the parties or the Court; and 

 (2) to whatever extent the Receiving Party does not contest the assertion of privilege or 

protection, promptly return or destroy the applicable document(s) and/or ESI, take reasonable steps to 

identify and destroy each copy thereof and all information derived therefrom (normally reasonable 

diligence will not include disaster recovery media), and promptly certify in writing to the Producing 

Party that it has done so. 

In the event of a contested assertion of privilege or protection over produced documents that 

cannot be resolved amicably after meeting and conferring in good faith, either party may bring the 

contest to the attention of the Court by motion. The Producing Party must preserve the contested 

information until the claim is resolved. 

12. MISCELLANEOUS 

12.1 Right to Further Relief. Nothing in this Order abridges the right of any person to seek 

its modification by the court in the future. 

12.2 Right to Assert Other Objections. By stipulating to the entry of this Protective Order no 

Party waives any right it otherwise would have to object to disclosing or producing any information or 

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item on any ground not addressed in this Stipulated Protective Order. Similarly, no Party waives any 

right to object on any ground to use in evidence of any of the material covered by this Protective 

Order. 

12.3 Filing Protected Material. Without written permission from the Designating Party or a 

court order secured after appropriate notice to all interested persons, a Party may not file in the public 

record in this action any Protected Material. A Party that seeks to file under seal any Protected 

Material must comply with Civil Local Rule 141. Protected Material may only be filed under seal 

pursuant to a court order authorizing the sealing of the specific Protected Material at issue. Pursuant to 

Civil Local Rule 141, a sealing order will issue only upon a request establishing that the Protected 

Material at issue is privileged, protectable as a trade secret, or otherwise entitled to protection under 

the law. If a Receiving Party's request to file Protected Material under seal pursuant to Civil Local 

Rule 141 is denied by the court, then the Receiving Party may file the Protected Material in the public 

record unless otherwise instructed by the court. 

13. FINAL DISPOSITION 

Within 60 days after the final disposition of this action, as defined in paragraph 4, each 

Receiving Party must return all Protected Material to the Producing Party or destroy such material. As 

used in this subdivision, “all Protected Material” includes all copies, abstracts, compilations, 

summaries, and any other format reproducing or capturing any of the Protected Material. Whether the 

Protected Material is returned or destroyed, the Receiving Party must submit a written certification to 

the Producing Party (and, if not the same person or entity, to the Designating Party) by the 60-day 

deadline that (1) identifies (by category, where appropriate) all the Protected Material that was 

returned or destroyed and (2) affirms that the Receiving Party has not retained any copies, abstracts, 

compilations, summaries or any other format reproducing or capturing any of the Protected Material. 

Notwithstanding this provision, Counsel are entitled to retain an archival copy of all pleadings, motion 

papers, trial, deposition, and hearing transcripts, legal memoranda, correspondence, deposition and 

trial exhibits, expert reports, attorney work product, and consultant and expert work product, even if 

such materials contain Protected Material. Any such archival copies that contain or constitute 

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Protected Material remain subject to this Protective Order as set forth in Section 4 (DURATION). 

IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD. 

DATED: February 7, 2018 /s/ Alexander Bukac (as 

authorized on February 7, 2018) 

NATHAN R. JASKOWIAK 

ALEXANDER J. BUKAC 

KEESAL, YOUNG & LOGAN 

Attorneys for Plaintiff 

VALERO REFINING COMPANY – 

CALIFORNIA 

MIKAL C. WATTS 

FRANCISCO GUERRA IV 

MARK A. FASSOLD 

WATTS GUERRA, L.L.P. 

Attorneys for Plaintiff 

VALERO REFINING COMPANY – 

CALIFORNIA 

____ 

DATED: February 7, 2018 /s/ Laurie Edelstein 

LAURIE EDELSTEIN 

SARAH K. JACKEL 

MICHAEL DOCKTERMAN 

STEPTOE & JOHNSON LLP 

Attorneys for Defendant 

PACIFIC GAS & ELECTRIC COMPANY 

PURSUANT TO STIPULATION, IT IS SO ORDERED. 

DATED: February 7, 2018. _____________________________________

HONORABLE EDMUND F. BRENNAN 

 UNITED STATES MAGISTRATE JUDGE 

 

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EXHIBIT A 

ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND 

I, _____________________________ [print or type full name], of _________________ [print or type 

full address], declare under penalty of perjury that I have read in its entirety and understand the Stipulated 

Protective Order that was issued by the United States District Court for the Eastern District of California on 

February __, 2018 in the case of Valero Refining Company – California v. Pacific Gas & Electric Company, 

No. 17 Civ. 1350 (TLN)(EFB). I agree to comply with and to be bound by all the terms of this Stipulated 

Protective Order and I understand and acknowledge that failure to so comply could expose me to sanctions and 

punishment in the nature of contempt. I solemnly promise that I will not disclose in any manner any 

information or item that is subject to this Stipulated Protective Order to any person or entity except in strict 

compliance with the provisions of this Order. 

I further agree to submit to the jurisdiction of the United States District Court for the Eastern District of 

California for the purpose of enforcing the terms of this Stipulated Protective Order, even if such enforcement 

proceedings occur after termination of this action. 

I hereby appoint __________________________ [print or type full name] of 

______________________________________ [print or type full address and telephone number] as my 

California agent for service of process in connection with this action or any proceedings related to enforcement 

of this Stipulated Protective Order. 

Date: _________________________________ 

City and State where sworn and signed: _________________________________ 

Printed name: ______________________________ 

[printed name] 

Signature: __________________________________ 

[signature] 

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From: caed_cmecf_helpdesk@caed.uscourts.gov

To: CourtMail@caed.uscourts.dcn

Subject: Activity in Case 2:17-cv-01350-TLN-EFB Valero Refining Company California v. Pacific Gas & Electric Company

 Stipulation and Order.

Date: Thursday, February 08, 2018 9:55:45 AM

This is an automatic e-mail message generated by the CM/ECF system. Please DO NOT

 RESPOND to this e-mail because the mail box is unattended. 

***NOTE TO PUBLIC ACCESS USERS*** There is no charge for viewing opinions.

U.S. District Court

Eastern District of California - Live System

Notice of Electronic Filing

The following transaction was entered on 2/8/2018 at 9:54 AM PST and filed on 2/8/2018 

Case Name: Valero Refining Company California v. Pacific Gas & Electric

 Company

Case Number: 2:17-cv-01350-TLN-EFB

Filer:

Document

 Number: 31

Docket Text:

AMENDED STIPULATED PROTECTIVE ORDER signed by Magistrate Judge

 Edmund F. Brennan on 2/7/2018. (Becknal, R)

2:17-cv-01350-TLN-EFB Notice has been electronically mailed to: 

Alexander James Bukac alexander.bukac@kyl.com, maricel.schilt@kyl.com 

Francisco Guerra, IV , PHV fguerra@wattsguerra.com, khays@wattsguerra.com 

John Cox john.cox@kyl.com, maricel.schilt@kyl.com 

Laura Joy Edelstein ledelstein@steptoe.com, sbutler@steptoe.com 

Mark Fassold , PHV mfassold@wattsguerra.com, khays@wattsguerra.com 

Michael Dockterman , PHV mdockterman@steptoe.com 

Mikal C. Watts , PHV mcwatts@wattsguerra.com, khays@wattsguerra.com 

Nathan Randall Jaskowiak nathan.jaskowiak@kyl.com, lori.carmichael@kyl.com,

 maricel.schilt@kyl.com 

Sarah Katherine Jackel sjackel@steptoe.com 

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2:17-cv-01350-TLN-EFB Electronically filed documents must be served conventionally

 by the filer to: 

The following document(s) are associated with this transaction:

Document description:Main Document 

Original filename:n/a

Electronic document Stamp:

[STAMP dcecfStamp_ID=1064943537 [Date=2/8/2018] [FileNumber=9206284-0]

[7f231dbccf173d2342486f60677b9f5e0e2c6d150c93f782ed6daffc2c09872bf8bd

f19601d1b63b537cec2a15e9d379d6defdc1b21d5a1c9e91fdaf25399be1]]

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