Phelps Oil and Gas, LLC v. Noble Energy, Inc. et al

Filing 71

STIPULATED PROTECTIVE ORDER signed by Magistrate Judge Craig B. Shaffer on 6/1/15. ORDERED that when filing restricted documents, parties MUST fully comply with the requirements of D.C.ColoL.CivR. 7.2. (cbssec)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 14-cv-02604-REB-CBS
PHELPS OIL AND GAS, LLC, on behalf of itself
and a class of similarly situated royalty owners,
Plaintiff,
v.
NOBLE ENERGY, INC. and
DCP MIDSTREAM, LP,
Defendants.
STIPULATED PROTECTIVE ORDER
Plaintiff Phelps Oil and Gas, LLC, Defendant Noble Energy, Inc. (“Noble”) and
Defendant DCP Midstream, LP (together, the “Parties”) have stipulated to the terms of
this Protective Order.
This Protective Order is designed to preserve the confidentiality of certain
testimony given by witnesses in this case and certain information contained in
documents or correspondence exchanged or produced in this case pursuant to the
terms of this Protective Order. Documents or testimony deemed to be confidential shall
be so designated in accordance with this Protective Order.
To expedite the flow of discovery material and the litigation of this case, facilitate
the prompt resolution of disputes over confidentiality, and adequately protect material
entitled to be kept confidential, it is, by agreement of the Parties and pursuant to the
Court’s authority under the Federal Rules of Civil Procedure, STIPULATED AND
ORDERED that:

3780336.1

1.

This Protective Order shall apply to all documents, materials, and

information exchanged or produced by the Parties or non-parties, including, but not
limited to, documents produced, correspondence between counsel, and other
information disclosed pursuant to the disclosure or discovery duties created by the
Federal Rules of Civil Procedure that are designated “CONFIDENTIAL” (collectively
“Confidential Information”) in accordance with this Protective Order.
2.

As used in this Protective Order, “document” is defined as provided in

Fed. R. Civ. Proc. 34(a)(1). A draft or non-identical copy is a separate document within
the meaning of this term.
3.

Information designated “CONFIDENTIAL” shall be information that is

confidential business, financial or proprietary material, or otherwise private, confidential,
sensitive, or otherwise not available to the public. Confidential Information shall not be
disclosed or used for any purpose except the preparation and trial of this case.
4.

Confidential Information designated as “CONFIDENTIAL” shall not,

without the consent of the party producing it or further Order of the Court, be disclosed
except that such information may be disclosed to:
(a)

attorneys who are actively working on this case and in-house attorneys;

(b)

persons regularly employed or associated with the attorneys actively

working on the case or in-house attorneys, whose assistance is required by said
attorneys in the preparation for trial, at trial, or at other proceedings;
(c)

the Parties;

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(d)

expert witnesses, consultants, and private investigators retained in

connection with this proceeding, to the extent such disclosure is necessary for
preparation, trial or other proceedings;
(e)

the Court in this case and its employees (“Court Personnel”);

(f)

stenographic reporters who are engaged in proceedings necessarily

incident to the conduct of this case;
(g)

deponents;

(h)

any potential fact witness whom a party’s counsel believes in good faith

has prior knowledge of the matters addressed or reflected in the document; and
(i)

other persons by written agreement of the Parties.

5.

Prior to disclosing any information designated as “CONFIDENTIAL” to any

person listed in paragraph 4 (other than attorneys, persons employed by attorneys,
Court Personnel and stenographic reporters), the Parties shall provide such person with
a copy of this Protective Order and obtain from such person a written acknowledgment
stating that he or she has read this Protective Order and agrees to be bound by its
provisions. Such written acknowledgment shall be in the form as provided in Exhibit A
to this Stipulated Protective Order, attached hereto and incorporated herein. All such
acknowledgments shall be retained by counsel and shall be subject to in camera review
by the Court if good cause for review is demonstrated by opposing counsel.
6.

Documents or other materials may be designated by the producing party

as containing Confidential Information by stamping on each page of the document the
legend “CONFIDENTIAL”. Where discovery is provided by allowing physical access to
the documents or tangible things for inspection at counsel’s office or the parties’

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physical location, instead of delivering copies of them, all items being inspected shall be
considered “CONFIDENTIAL” until the party allowing access to them indicates
otherwise in writing or delivers copies of them to the party seeking discovery with no
“CONFIDENTIAL” designation.
7.

If a producing party inadvertently discloses to a receiving party any

Confidential Information without marking it as “CONFIDENTIAL” the producing party or
parties shall promptly advise the receiving party or parties in writing, listing each
document production bates number. Thereafter, the receiving party or parties shall treat
the information as “CONFIDENTIAL”.
8.

Any portions of pleadings, motions or other documents containing

Confidential Information that are filed with the Court, as well as any exhibits containing
Confidential Information that are attached to any pleadings, motions or other documents
shall be filed in accordance with Local Rule 7.2 and Section V of this Court’s ECF Civil
Procedures that are filed with the Court, shall be labeled “CONFIDENTIAL” and filed as
suppressed.
9.

Whenever a deposition involves the disclosure of Confidential Information,

the deposition or portions thereof shall be designated as “CONFIDENTIAL” and shall be
subject to the provisions of this Protective Order. Such designation shall be made on
the record during the deposition whenever possible, but a party may designate portions
of depositions as “CONFIDENTIAL” after transcription, provided written notice of the
designation is promptly given to all counsel of record within thirty (30) days after notice
by the court reporter of the completion of the transcript.

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10.

A party may object to the designation of particular information as

“CONFIDENTIAL” by giving written notice to the party designating the disputed
information. The written notice shall identify the information to which the objection is
made and the specific basis for such objection. If the Parties cannot resolve the
objection within ten (10) business days after the time the notice is received, it shall be
the obligation of the party objecting to the designation of the information 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 Information under
the terms of this Protective Order until the Court rules on the motion. If the objecting
party fails to file such a motion within the prescribed time, the disputed information shall
maintain its designation and shall thereafter continue to be treated in accordance with
this Protective Order, subject to Paragraph 11, below. In connection with a motion filed
under this provision, the party objecting to the designation of Confidential Information
shall bear the burden of establishing that the disputed information should not be treated
as “CONFIDENTIAL”.
11.

At the conclusion of this case, unless other arrangements are agreed

upon, each document and all copies thereof which have been designated as
“CONFIDENTIAL” shall be returned to the party that designated it “CONFIDENTIAL”
within forty-five (45) days of conclusion of the action, or the Parties may elect to destroy
such documents; provided, however, that counsel for each party may retain one copy of
the “CONFIDENTIAL” documents for the sole purpose of maintaining a complete file,
and all such retained documents will not be released, disclosed, or utilized except upon

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written agreement of the party who designated the document as “CONFIDENTIAL” or
upon express permission of this Court after written notice to counsel for the party that
produced the documents. Where the parties agree to destroy “CONFIDENTIAL”
documents or other materials, the destroying party shall provide all parties with an
affidavit confirming the destruction within forty-five (45) days after conclusion of the
action.
12.

Nothing in this Protective Order shall preclude the parties from objecting to

the production in this action of any material, whether confidential or not, on any other
basis recognized under applicable rules of procedure and evidence. Nothing in this
Protective Order shall be construed to affect in any way the admissibility of any
document, testimony, or other evidence at trial.
13.

In the event a party produces documents subject to the attorney-client

privilege or work product doctrine through inadvertence, mistake, or other error, such
production shall not be a waiver of privilege or immunity. The producing party must
promptly give notice to all other parties of the inadvertent production. Upon such notice,
the receiving party promptly shall make best efforts to collect all copies of the
documents and destroy them or return them to the producing party.
14.

This Protective Order may be modified by the Court at any time for good

cause shown following notice to all parties and an opportunity for them to be heard.

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DATED at Denver, Colorado, on June 1, 2015.
BY THE COURT:

s/Craig B. Shaffer
Craig B. Shaffer
United States Magistrate Judge

Agreed to and approved by:

_s/ Robert G. Harken_______________
Robert G. Harken
Law Offices of George A. Barton, P.C.
4435 Main Street, Suite 920
Kansas City, Missouri 64111

_s/ Michael J. Gallagher___________
Michael J. Gallagher
Terry R. Miller
DAVIS GRAHAM & STUBBS LLP
1550 17th Street, Suite 500
Denver, CO 80202

Attorneys for Phelps Oil and Gas, LLC
Attorneys for Noble Energy

_/s Daniel McClure________________
Daniel McClure
Norton Rose Fulbright US LLP
1301 McKinney, Suite 5100
Houston, Texas 77010
Matthew Spohn
Norton Rose Fulbright US LLP
1200 17th Street, Suite 1000
Denver, CO 80202
Attorneys for DCP Midstream, LP

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IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 14-cv-02604-REB-CBS
PHELPS OIL AND GAS, LLC, on behalf of itself
and a class of similarly situated royalty owners,
Plaintiff,
v.
NOBLE ENERGY, INC. and
DCP MIDSTREAM, LP,
Defendants.
EXHIBIT A TO STIPULATED PROTECTIVE ORDER
I ___________________________ have been informed by counsel that certain
documents or information to be disclosed to me in connection with the above-captioned
matter have been designated as confidential. I have been informed that any such
documents or information labeled “CONFIDENTIAL”.
I have received a copy of the STIPULATED PROTECTIVE ORDER entered in
this case, and agree to be bound by its terms. I hereby agree that I will not disclose any
information contained in such documents to any other person. I further agree not to use
any such information for any purpose other than this litigation.
DATED: ___________________

_____________________________________

Signed in the presence of:

(Attorney)
(Print name) _____________________________