Sun River Energy, Inc. v. Nelson et al

Filing 63

CONFIDENTIALITY ORDER by Magistrate Judge Michael E. Hegarty on 05/05/2011. (wjc, )

IN THE UNITED STATES DISTRICT COURT FOR
THE DISTRICT OF COLORADO
Civil Action No. 11-CV-00198-MSK-MEH
SUN RIVER ENERGY, INC.,
Plaintiff,
v.
ERIK S. NELSON,
STEVE STEPHENS, and
CORAL CAPITAL PARTNERS, INC.,
Defendants.

CONFIDENTIALITY ORDER

Upon a showing of good cause, and to encourage and foster the free flow of documents
and information in the above-referenced matter, IT IS ORDERED:
1.

The Parties have sought or anticipate seeking from one another discovery that

includes documents or other confidential information that, if disclosed, could result in damage to
the Parties or third parties. The Parties desire to keep this information confidential, while at the
same time permitting full and fair discovery.
2.

Therefore, when producing documents or providing information, the Parties may

designate confidential documents or information as “Confidential,” if in good faith they believe
the designation appropriate. The Parties shall limit the review of any documents so designated,
the information contained therein, or any other disclosed “Confidential” information, to: (i) the
Parties themselves; (ii) their litigation counsel; (iii) staff of litigation counsel; (iv) the United
States District Court for the District of Colorado and its staff; (v) expert or fact witnesses
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retained by the Parties, subject to their execution of the Acknowledgment of Confidentiality
Agreement and Agreement to be Bound.

Documents or information designated as

“Confidential” shall not be disclosed to any other person or entity absent order of the Court or
agreement of the Parties.
3.

A party may object to the designation of particular Confidential information by

giving written notice to the party designating the disputed information. The written notice shall
identify the information to which the objection is made. If the parties cannot resolve the
objection within fifteen (15) business days after the time the notice is received, it shall be the
obligation of the party designating the information as Confidential to file an appropriate motion
requesting that the Court determine whether the disputed information should be subject to the
terms of this Protective Order. If such a motion is timely filed, the disputed information shall be
treated as Confidential under the terms of this Protective Order until the Court rules on the
motion. If the designating party fails to file such a motion within the prescribed time, the
disputed information shall lose its designation as Confidential and shall not thereafter be treated
as Confidential in accordance with this Protective Order. In connection with a motion filed
under this provision, the party designating the information as Confidential shall bear the burden
of establishing that good cause exists for the disputed information to be treated as Confidential.
4.

At the conclusion of the litigation and any appeals, all “Confidential” materials

shall be destroyed or returned to the producing party.
5.

This Agreement may be executed in counterparts and shall be controlled by

Colorado law.
Dated and entered this 5th day of May, 2011, at Denver, Colorado.

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BY THE COURT:

Michael E. Hegarty
United States Magistrate Judge
Counsel signatures: filed April 29, 2011 in the above-captioned case, docket #53-1 at 3.

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