Opinion

In re California Gasoline Spot Market Antitrust Litigation

Court
District Court, N.D. California
Filed
Nov 24, 2020
Cited by
0 cases

The opinion

1

2

3

4 UNITED STATES DISTRICT COURT

5 NORTHERN DISTRICT OF CALIFORNIA

6

7 IN RE CALIFORNIA GASOLINE SPOT Case No. 20-cv-03131-JSC

8 MARKET ANTITRUST LITIGATION

ORDER RE: JOINT DISCOVERY

9 LETTER BRIEF

10 Re: Dkt. No. 243

11

12

The Court is in receipt of the parties’ joint discovery letter brief regarding the protective

13

order to govern this case. (Dkt. No. 243.) Having considered the parties’ submissions, the Court

14

concludes that oral argument is unnecessary, see N.D. Cal. Civ. L.R. 7-1(b), and orders as set forth

15

below.

16

DISCUSSION

17

The parties have agreed upon the form of the protective order with two exceptions. (Dkt.

18

No. 243-1.1) Defendants propose that the protective order include two provisions from the Model

19

Protective Order for Litigation Involving Patents, Highly Sensitive Confidential Information

20

and/or Trade Secrets regarding experts. (Id. at Sec. 2.7, Sec. 7.4.) Plaintiffs object to inclusion of

21

these provisions insisting that they are not appropriate in this antitrust action and that they would

22

unduly constrain expert discovery. The Court orders inclusion of Section 7.4 (with modification),

23

but not Section 2.7.

24

Section 7.4 requires a party to identify a retained expert to a disclosing party before

25

showing the retained expert the disclosing party’s highly confidential information. Identifying the

26

27

1 expert will allow the designating party to determine if there are grounds for moving the Court to

2 || prohibit that expert from seeing the highly confidential information for some particular reason.

3 However, Section 7.4 shall be modified in accordance with the modifications ordered by the court

4 in In re Google Assistant Privacy Litig., No. 19-CV-04286-BLF(S VK), 2020 WL 4698810 (N.D.

5 Cal. Aug. 13, 2020); namely, the receiving party shall disclose: (1) the full name of the Expert and

6 || the city and state of his or her primary residence, and (ii) a copy of the Expert’s current resume,

7 which shall account for at least the past five years of the Expert’s work. Jd. at *3. It is not

8 || unreasonable to ask a party to disclose the identities of persons given access to a party’s highly

9 || confidential information. If the receiving party believes that the material is not truly highly

10 || confidential, and thus that disclosure of the expert’s identity should not be required, the protective

11 order gives the receiving party the opportunity to challenge the designation of material as highly

12 || confidential in the first place.

13 With Section 7.4 as modified, the Court is not persuaded that the blanket prohibition of

14 Section 2.7 is necessary. If the receiving party identifies an expert which the designating party

15 believes poses an unreasonable risk of competitive harm for whatever reason—then the Court can

a 16 and should rule in context whether disclosure to that expert is warranted if the parties are unable to

3 17 resolve the dispute among themselves.

S 18 The parties shall submit a protective order to the Court in accordance with this Order by

19 December 4, 2020.

20 This Order disposes of Docket No. 243.

21 IT IS SO ORDERED.

22 Dated: November 24, 2020

23

DegutisStwtloly

JXCQVELINE SCOTT CORL

25 United States Magistrate Judge

26

27

28

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.