Ridgeway v. Calfrac Well Services Corp

Filing 14

AGREED PROTECTIVE ORDER. Signed by Honorable P. K. Holmes, III on April 22, 2013. Motions terminated: 11 MOTION for Protective Order (Agreed) filed by Calfrac Well Services Corp. (jas)

IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
FORT SMITH DIVISION
CLIFTON WAYNE RIDGEWAY
v.

PLAINTIFF
Case No. 2:12-CV-02159

CALFRAC WELL SERVICES CORPORATION

DEFENDANT

AGREED PROTECTIVE ORDER
Before the Court is Defendant Calfrac Well Services Corporation’s Motion for Agreed
Protective Order (Doc. 11), which is hereby GRANTED. Based on the agreement of the parties and
pursuant to the Court’s authority under Rule 26(c) of the Federal Rules of Civil Procedure,
IT IS ORDERED, ADJUDGED, AND DECREED AS FOLLOWS:
The parties in this case, Clifton Wayne Ridgeway (the “plaintiff”) and Calfrac Well Services
Corporation (“Calfrac”) by and through their counsel, request and agree to entry of the following
Protective Order. Entry of this Order is requested pursuant to an agreement between the parties and
is intended to cover documents and other materials produced to the plaintiff by Calfrac that are
deemed proprietary and confidential. The terms of the requested Protective Order are as follows:
1. Disclosure or Sharing of Confidential Information: Absent written agreement by Calfrac,
or order of this Court, no Confidential Information shall be disclosed except to Permitted
Persons (as defined below). Confidential Information shall be disclosed to Permitted Persons
only pursuant to terms of this Order. Any Confidential Information shall be disclosed to and
used only by Permitted Persons.
2. Documents produced by Calfrac to which this Protective Order is applicable shall be stamped
“CONFIDENTIAL – SUBJECT TO PROTECTIVE ORDER”.
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3. “Permitted Person” shall mean:
a. Counsel for the parties who are actively engaged in the conduct of this litigation and
to their staff to the extent reasonably necessary to render professional services in this
litigation;
b. Experts or consultants retained by counsel for the parties (together with their
associates, assistants, and other personnel employed directly by such experts or
consultants) who agree to be bound by the terms of this Order;
c. The parties to this lawsuit;
d. Court reporters engaged for any deposition or examination at which Confidential
Information is discussed or Documents marked “CONFIDENTIAL – SUBJECT TO
PROTECTIVE ORDER” are produced;
e. The Court and Court personnel;
f. A witness at trial during a deposition or other court proceeding. Such deponents and
witnesses may be shown “Confidential” materials during their deposition or
examination at court hearings or trial but shall not be permitted to keep copies of said
“Confidential” materials or any portion of the deposition or trial transcript reflecting
the Confidential Information.
g. Such other person as may be agreed to by written consent of the parties or by order
of the Court.
4. The information covered under this Protective Order shall be used only for the purposes of
this litigation. No individual shall disclose any of the documents or information to any other
individual, directly or indirectly, except as authorized by this Protective Order. No
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individual shall use any of the information to the detriment of Calfrac or for any other
business or financial benefit of the individual.
5. Confidentiality Agreement: Prior to giving possession of any Confidential Information to
any Permitted Person, counsel for the party or entity making such disclosure shall provide
the Permitted Person with a copy of this Order and obtain the Permitted Person’s written
acknowledgement that he or she has carefully read the Order and agrees to be bound by the
terms of the Order, and such counsel shall maintain copies of such written acknowledgement
and provide copies to Calfrac upon request. Further, as to depositions of persons not
employed by Calfrac in which counsel for the party makes as an exhibit any of the documents
designated as confidential, counsel for the party shall advise the deponent of the
Confidentiality Agreement and obtain his or her agreement under oath not to duplicate any
of the documents attached to the deposition transcript. The parties are authorized to use
Confidential Information as exhibits to any filing with the Court or in an addendum to any
appeal, subject to the other provisions of this Protective Order.
6. Safekeeping of Confidential Information: All Confidential Information shall be maintained
in a manner to ensure that it is not disclosed other than to Permitted Persons.
7. No waiver: Nothing contained herein shall be construed as a waiver of Calfrac’s right to
refuse to disclose Confidential Information on any other grounds available under applicable
law.
8. Attorneys Bound: Counsel for the parties bound hereby acknowledge that they are also
bound hereby and agree to submit to the jurisdiction of this Court for purposes of enforcing
this Order.
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9. Return of Confidential Information: Within one hundred twenty (120) days after filing a
conclusion of all aspects of the litigation of the referenced case, all Confidential Information
produced under this Order shall be returned to Calfrac or destroyed, at the option of Calfrac.
10. Other Actions: This Order prohibits any party other than Calfrac from disclosing any
Confidential Information produced hereunder if such information is sought in a legal
proceeding other than the instant case. In the event that Confidential Information is
subpoenaed or otherwise sought in such a legal proceeding, the party from whom the
Confidential Information is sought shall notify Calfrac as soon as reasonably practicable and
shall provide Calfrac sufficient opportunity to object to such request. The party from whom
the Confidential Information is sought shall object to its production and advise that the
Confidential Information is subject to a Protective Order. Counsel for the parties in this
matter may not use any Confidential Information obtained hereunder as evidence in any
matter other than the instant case.
11. Survival: The terms and obligations of this order shall survive and remain in full force after
the termination of this case. The Court shall retain jurisdiction to determine any issues
arising from the terms of this Order.
IT IS SO ORDERED this 22nd day of April, 2013.

/s/P. K. Holmes, III
P.K. HOLMES, III
CHIEF U.S. DISTRICT JUDGE

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