Vanoven v. Chesapeake Energy Corporation et al

Filing 48

AGREED SUPPLEMENTAL CONFIDENTIAL ORDER 38 . Signed by Judge Brian S. Miller on 6/6/11. (kpr)

Case 4:1 0-cv-00158-BSM Document 46

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IN THE UNITED STATES DISTRICT COURT

FOR mE EASTERN DISTRlCT OF ARKANSAS

WESTERN DIVISION

CHERIE VANOVEN, On Behalf of Herself

§

And All Others Similarly Situated,

§

§
§
§

Plaintiff:

v.

§
§

NO.4:10·CV-00158-BSM
JURYDEMANDED

§
CHESAPEAKE ENERGY CORPORATrON,
CHESAPEAKE ENERGY MARKETING, INC.,
§
CHESAPEAKE EXPLORAnON, L.L.c.
§
CHESAPEAKE MIDSTREAM GAS SERVICES,
§
L.L.C., CHESAPEAKE MIDSTREAM OPERATING, §
INC., BP AMERICA, INC., BP AMERICA
§
PRODUCTION COMPANY, BP ENERGY
§
COMPANY, BP, INC., and VERNON L. SMITIf
§
AND ASSOCIATES, INC.,
§

Defendants.

§
§

AGREED SUPPLEMENTAL CONFIDENTIALITY ORDER
For good cause shown, the Court enters this Agreed Supplemental Confidentiality
Order pursuant to Rule 26(c) ofthe Federal Rules of Civil Procedure. IT IS ORDERED:

1.

Counsel for the producing party may for good cause designate any

documents or things produced in the course of discovery in this case as uConfidential"
when such party or counsel for such party in good faith believes that such document or
material contains proprietary or confidential infonnation that would provide a real
advantage to a competitor if disclosed. When Counsel for the producing party in good
faith believes that such document or material contains extremely sensitive confidential

commercial infozmation, disclosure of which would create a substantial risk of serious

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commercial injury that could not be avoided by less restrictive means, or infonnation that
the producing party is prohibited from disclosing by contract or other legal obligation,
then such counsel may for good cause designate such documents or things produced in
the course of discovery in this case as "Attorney's Eyes Only." Said designation of
documents or things as "Confidential" or

'~Attorneys

Eyes Only" will not be made

arbitrarily but will only be based upon a demonstrable good faith bases.
2.

The parties shall so designate a document or thing by marking it

"CONFIDENTIAL" or "AITORNEY'S EYES ONLY," as the case may be. Docwnents
produced in native electronic fonnat will not have a physical stamp and will be
designated as confidential by pending "CONF" or

"AEO/~

as the case may be, to the

original file name prior to producing or furnishing the electronic document or file.
3.

If such materials have already been produced in discovery in this Lawsuit

to the other party, the party producing such materials shall notify the other party within
thirty (30) days after execution of this Order that such documents shall be marked and
deemed "CONFIDENTIAL" or "ATTORNEY'S EYES ONLY" under the terms of this
Order. Upon receipt of such notice, the receiving party shall promptly mark its copies of
the material accordingly. shall thereafter treat the infonnation as if it has been designated
"CONFIDENTIAL" or ~'ATTORNEY'S EYES ONLY." shall take all reasonable steps to
restrict its disclosure or use of such infonnation to only those persons qualified under this
Order, and: if such information has previously been disclosed to persons not qualified
pursuant to this Order, shall take reasonable steps to obtain all such infonnation

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previously disclosed by such party and advise such persons to treat the designated
materials as confidential under this Order as though originally so designated.
Alternatively, at the election of the producing

party~

the producing party may

provide another copy of such previously produced materials with the appropriate
designations under this Order to the receiving party and may request the receiving party
return or destroy all materials produced prior to this Order taking effect.
4.
determine~

No document shall be designated as confidential if it can be reasonably
from the face of the document, that the document has been distributed to

persons not obligated to maintain the confidentiality of the information contained therein,
unless the producing party can show that the documents are subject to a confidentiality
requirement not evident on the face of the document.

Any party that disputes the

designation of a document or thing designated as "Confidential" or "Attorneys Eyes
Only'~

may notify the producing party and specify the basis for the objection. The parties

will meet and confer in good faith to attempt to resolve the issue, and if it cannot be
resolved, the party disputing the designation may challenge the designation in a motion to
the court, filing the disputed document or thing under seal in accordance with the court's
procedures. The provisions of this Order must be followed pending a decision on the
dispute,
5.

Confidential documents and all information contained in or derived from

such documents, whether designated "CONFIDENTIAL" OR "ATTORNEY'S EYES
ONLY," will be used by the receiving party solely for purposes of preparing for and

conducting the trial of this case, and shall not be disclosed to any persons other than those
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Case 4:10-cv-00158-BSM Document 46

identified in paragraph 6.

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Any such person receiving confidential documents and

materials designated "CONFIDENTIAL" OR "A rrORNEY~S EYES ONLY" shall use
such confidential documents and materials only for preparation and trial of this case and
not for any business or competitive purpose, and shall not disclose the infonnation to any
other person.

The procedures set forth in this Order need not be followed by the

producing party or its employees or attorneys with respect to documents or materials that
the producing party designated as "CONFIDENTIAL" OR "ATTORNEY'S EYES
ONLY."

6.

Documents and things designated ·'CONFIDENTIAL" shall not, without

the prior written consent of the producing party or prior order of the Court, be disclosed
to any person or entity other than the following: (a) an individual named party or
employees of a corporate named party actively working on the case, (b) that

party~s

counsel, and employees of that party's counsel actively working on the case; (c) outside
experts and/or consultants who are retained to assist counsel for the party in connection
with the case, and the employees of such persons actively working on the case; (d)
outside photocopying, data processing~ document imaging or graphic production services
employed by the parties or their counsel; or (e) the Court and its staff, and stenographers
and videographers, if any, transcribing or recording deposition or trial testimony.
Documents and things designated "ATIORNEY'S EYES ONL ¥" shall not, without the
prior written consent of the producing party or prior order of the Court, be disclosed to
any person or entity other than the following: (a) a pany's outside counsel, and
representatives of that party's outside counsel actively working on the
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case~

(b) outside

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experts and/or consultants who are retained specifically to assist counsel for the party in
connection with the case, and the employees of such persons actively working on the
case; (c)

outside photocopying, data processing, document imaging or graphic

production services employed by the parties or their counsel; or Cd) the Court and its
staff, and stenographers and videographers. if any. transcribing or recording deposition or
trial testimony.

7.

In

the

event

any

electronic

document

or

file

designated

as

HCONFIDENTIAL" OR "ATTORNEY'S EYES ONLY" is produced in native electronic
fonnat and a party subsequently prints the electronic document or file, it shall be the
responsibility of the party who prints the docwnent or file to afflx the appropriate stamp
to the printed document or file before disclosing to persons qualified under this Order.

8.

For non-written material, such as recordings, magnetic media, floppy disks,

CD-ROMs, photographs, and other tangible items, the producing party shall attach a
marking that prominently displays the word "CONFIDENTIAL" OR "ATTORNEY'S
EYES ONLY' to the material or to a container for that material, in any suitable manner.

9.

Any person receiving a document or thing designated "CONFIDENTIAL"

OR ';ATTORNEY~S EYES ONLY" shall not disclose, disseminate, divulge, provide
access to, or discuss such information to or with any other person who is not entitled to
receive such infonnation under this agreement. Any copies made of such confidential
material are also confidential.

Any person who is given access to the confidential

material as permitted herein shall fIrst be informed of the prOVisions of this Order and

shall sign an Acknowledgement of Confidentiality Order in the form attached hereto.
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10.

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Any inadvertent failure by the producing party to designate information as

"CONFIDENTIAL" OR "ATTORNEY'S EYES ONLY" shall not constitute or act as a
waiver of its ability to designate such infonnation as ·'CONFIDENTIAL" OR
"ATTORNEY'S EYES ONLY" pursuant to this Order. The receivin~ partis obligation
to treat information as confidential infonnation shall commence upon its receipt of the
producing

party's

designation

of

information

as

"CONFIDENTIALu

OR

"CONFIDENTIAL"

OR

:'ATIORNEY'S EYES ONLY"
11.

Documents

or

materials

designated

"ATTORNEY'S EYES ONiY" may be disclosed to a witness during deposition or trial
in this

case~

subject to the condition that the witness is not provided with any such

documents or materials to take from the place of the deposition or trial. If a party in good
faith believes that any portion of a deposition taken in this Lawsuit (including any of its
exhibits) contains or reveals any confidential infonnation, a party may designate as
confidential any or all portions of the deposition transcript and exhibits within thirty (30)
days following receipt of the deposition transcript. The word "CONFIDENTIAL" or the
words "ATTORNEY'S EYES ONLY"

shall be affixed to the cover page and the

designated pages of the transcript and exhibits. To ensure that appropriate steps can be
taken to designate depositions as "CONFIDENTIAV' OR '"ATIORNEY'S EYES
ONLY/' no party shall divulge any portion of any deposition to a person other than a
person authorized to receive "ATTORNEY'S EYES ONLY" materials or documents
prior to thirty (30) days after the deposition transcript has been prOVided to counsel. The

use and disclosure of such designated portions of deposition transcripts and exhibits shall
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be governed by the same rules that govern the use or disclosure of designated confidential
information under this Order. Documents or materials designated "CONFIDENTIAL"
OR "ATTORNEY'S EYES ONLY" may be offered as evidence at trial or any court
proceeding in the litigation, provided that the party who produced the documents or
materials may move the Court for an order that the materials be received under conditions
to prevent unnecessary disclosure or filed under seal pursuant to the Court's procedures.
12.

If the parties or their counsel receive a subpoena or other request for

documents from any person or entity seeking disclosure of the confidential material, they
shall promptly give written notice by overnight delivery or fax to counsel for the other
party enclosing a copy of the subpoen~ and shall also infonn the party issuing the
subpoena that the documents sought are subject to this Order and may not be disclosed
without the consent of the other party or upon the order of a court with jurisdiction.
13.

When material designated as "CONFIDENTIAL"

or "ATTORNEY'S

EYES ONLY" is presented, offered, quoted, or referenced in any hearing, counsel
presenting, offering, quoting, or referencing the Confidential or Attorney's Eyes Only
Material shall alert the Court so that the Court may take steps as it believes are
reasonably necessary to protect the Confidential or Attorney's Eyes Only material at
issue. The application of this paragraph is limited to pretrial proceedings.
14.

Within (60) sixty days aAfter the conclusion of the above-styled and

numbered action,

each party shall

return

all

copies

of material designated

"'CONFIDENTIAL" or "AITORNEY'S EYES ONLY" to counsel for the party that

produced such documents or things. The parties are not required to return or destroy
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confidential data archived on computer backups, but they ""ill protect the backup archives
from disclosure according to the other tenns of this Order..
15.

If any party or any person who has signed an Acknowledgement of

Confidentiality Order learns of any unpermitted disclosure or other breach of the
confidentiality provisions of this

order~

whether inadvertent or intentional, that party or

person shall immediately retrieve the confidential document and notify counsel for the
producing party of such disclosure or breach, in writing, explaining the circumstances
and identifying the affected documents to the extent possible.
16.

This Order shall be binding on any parties hereafter joined in this litigation.

,t""-

~

Done this lD _ day of '::> -....>~
_

,2011.

Brian S. Miller, Judge

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Case 4: 10-cv-00158-BSM Document 46

Approved and Agreed,

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Approved and Agreed,

Defendants Chesapeake Energy
Corporation, Chesapeake Energy
/i /.1 ~ Marketing, Inc., Chesapeake
:-I-~~'I-4..-4:'-"'::"""'::"":':'--+..J...~A"Pi"''-Exploration,
L.L.C., Chesapeake
Midstream Gas Services, Inc.,
Chesapeake Midstream Operating,
Inc., Chesapeake Operating, Inc. and
Vernon L.. ith and Asso' es, Inc.

Approved and Agreed,
Charles R. Hicks

Arkansas Bar No. 79087
HICKS LAWFIRM

111 Center St., Suite 1200
Little Rock, Arkansas 7220 I
[phone] Main
[phone] Fax
[e-mail]
Attorneys/or PlaintijfCherie Vanoven

Jesse R. Pierce & Associates, P.C.
4203 Montrose Blvd.
Houston, Texas 77006
[phone] Main
[phone] Fax
[e-mail]
G. Michael Millar
Arkansas Bar No. 77092
[e-mail]
Lindsey K. Bell
Arkansas Bar No. 2003139
[e-mail]
Millar Gibson, P.A.
401 W. Center
Searcy, Arkansas 72143
[phone] Main
[phone] Fax
Michelle P. Cullen
Arkansas Bar No. 2006140
P.O. Box 18496
Oklahoma City, OK 73154-0496
[phone] Main
[phone] Fax
[e-mail]

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·

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Attorneys for Chesapeake Energy
Corporation, Chesapeake Energy
Marketing, inc., Chesapeake
Exploration, L.L. c., Chesapeake
Midstream Gas Services, Inc.,
Chesapeake Midstream Operating, Inc.,
Chesapeake Operating, Inc. and
Vernon L, Smith and Associates, Inc.

Approved and Agreed,

Christopher H er
Arkansas Bar No. 81083
Friday, Eldredge & Clark, LLP
400 West Capitol, Suite 2000
Little Rock, Arkansas 72201-3493
(SOl) 376-201) Main
[e-mail]
David M. Bates

Pro Hac Vice
Gardere Wynne Sewell, LLP
1000 Louisiana, Suite 3400
Houston, Texas 77002
[phone] Direct
[phone] Main

[phone] Fax
[e-mail]

Attorneys for BP America, Inc.,
BP America Production company,
BP Energy Company, and BP, Inc.

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"l

•••

Case 4:1 0-cv-00158-BSM Document 46

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IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF ARKANSAS

WESTERN DIVISION

CHERIE VANOVEN, On Behalf of Herself
And All Others Similarly Situated,

§

§

§
§
§

Plaintiff,

v.

§

§
CHESAPEAKE ENERGY CORPORATION,
§
CHESAPEAKE ENERGY 1v1ARKETfNG. INC..
§
CHESAPEAKE EXPLORATION, L.L.C.
§
CHESAPEAKE :MIDSTREAM GAS SERVICES,
§
L.L.C., CHESAPEAKE lvfiDSTREAM OPERATING, §
INC., BP AMERICA, INC., BP AMERICA
§
PRODUCTION COMPANY, BP ENERGY
§
COMPANY, BP, INC., and VERNON L. SMITH
§
AND ASSOCIATES, INC.,
§
§
Defendants.
§

NO.4:10-CV-00158-BSM
JURY DEMANDED

ACKNOWLEDGMENT OF CONFIDENTIALITY ORDER
I hereby acknowledge that I have been provided with a copy of the Agreed
Supplemental Confidentiality Order that is in effect in the above-styled case ("Order"),
that I have been advised ofthe provisions of the Order and the limited purposes for which
infonnation in documents designated as "CONFIDENTIAL" or «ATTORNEY'S EYES
ONL Y't may be used, and that I agree to be bound by the terms thereof and consent to
this Courtts jurisdiction to enforce the Order.
DATED this _ _ day of

t

20__.

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Printed Name: