McDonald v. Sabine Oil & Gas Corporation

Filing 33

STIPULATED PROTECTIVE ORDER entered by Magistrate Judge Nina Y. Wang on 7/9/15. (bsimm, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 1:15-cv-00910-CMA-NYW
PATRICK R. MCDONALD,
Plaintiff,
v.
SABINE OIL & GAS CORPORATION,
Defendant.
______________________________________________________________________________
JOINT MOTION FOR ENTRY OF STIPULATED PROTECTIVE ORDER
______________________________________________________________________________
Plaintiff Patrick R. McDonald and Defendant Sabine Oil & Gas Corporation move that
the Court enter a Stipulated Protective Order to protect confidential information that may be
produced in discovery in this action. The proposed Order below is based on the approved
protective order entered in this District in the matter of Gillard v. Boulder Valley School District,
196 F.R.D. 382 (D. Colo. 2000).
STIPULATED PROTECTIVE ORDER
Upon a showing of good cause in support of the entry of a protective order to protect the
discovery and dissemination of confidential information or information that will improperly
annoy, embarrass, or oppress any party, witness, or person providing discovery in this case, IT IS
ORDERED:
1.

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

including, without limitation, documents produced, answers to interrogatories, responses to
requests for admission, deposition testimony, and other information disclosed pursuant to the
disclosure or discovery duties created by the Federal Rules of Civil Procedure (“Discovery

Information”). Discovery Information shall not be used for any purpose except the preparation
and trial of this case.
2.

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

Civ. P. 34(a). 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 and implicates common law and/or statutory privacy interests of Plaintiff or
Defendant, including confidential and proprietary information about the business of Sabine Oil
& Gas Corporation, or information that will improperly annoy, embarrass, or oppress any party,
witness, or person providing discovery in this case. CONFIDENTIAL information shall not be
disclosed or used for any purpose except the preparation and trial of this case.
4.

CONFIDENTIAL documents, materials, and/or information (collectively

“CONFIDENTIAL information”) 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 actively working on this case;
(b) persons regularly employed or associated with the attorneys actively working
on the case whose assistance is required by said attorneys in the preparation for trial, at trial, or at
other proceedings in this case;
(c) the parties, and their designated representatives;
(d) expert witnesses and consultants retained in connection with this proceeding, to
the extent such disclosure is necessary for preparation, trial or other proceedings in this case;
(e) the Court and its employees (“Court Personnel”);

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(f)

stenographic reporters who are engaged in proceedings necessarily incident to

the conduct of this action;
(g) deponents, witnesses, or potential witnesses; and
(h) other persons by written agreement of the parties.
5.

Prior to disclosing any CONFIDENTIAL information to any person listed above

(other than counsel, persons employed by counsel, Court Personnel and stenographic reporters),
counsel shall provide such person with a copy of this Protective Order and obtain from such
person a written acknowledgment in the form attached as Exhibit A stating that he or she has
read this Protective Order and agrees to be bound by its provisions. 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 are designated as CONFIDENTIAL by placing or affixing on them

(in a manner that will not interfere with their legibility) the following or other appropriate notice:
“CONFIDENTIAL.”
7.

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.
8.

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

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shall identify the information to which the objection is made. If the parties cannot resolve the
objection within thirty (30) 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.
9.

In the event that any party or non-party inadvertently produces documents,

materials, or information that it determines to be CONFIDENTIAL, without designating them as
such, that party or non-party may provide written notice demanding that the inadvertently
produced documents, materials or information and all copies thereof either be returned within
three (3) days or immediately stamped with the appropriate designation. The receiving party
shall comply with the demand, but may then challenge the claim of confidentiality as provided
elsewhere in this Protective Order.
10.

Inadvertent production of any document in this action by any party or non-party

that the producing party later claims should have been withheld on grounds of a privilege,
including the work product doctrine (an “Inadvertently Produced Privileged Document”), will
not be deemed to waive any privilege or work product protection. A party or non-party may

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request the return of any Inadvertently Produced Privileged Document by identifying the
document and stating the basis for withholding such document from production and providing
any other information that would be listed on a supplemental privilege log disclosing the
document. If, pursuant to this paragraph, a party or non-party requests the return of such an
Inadvertently Produced Privileged Document then in the custody of one or more parties, the
receiving parties shall within three (3) business days return to the requesting party the
Inadvertently Produced Privileged Document and all copies thereof and shall expunge from any
other document or material information derived from the Inadvertently Produced Privileged
Document. After a document is returned pursuant to this paragraph, a party may move the Court
for an order compelling production of the document.
11.

To the extent that any party seeks to file a document, pleading, or brief with the

court that contains information that has been designated as CONFIDENTIAL, that party shall
file the document as a restricted document pursuant to Local Rule 7.2(e). To the extent that any
party seeks to restrict any court filing on the basis that it contains information that has been
designated as CONFIDENTIAL, the party will file an appropriate motion and comply with all
requirements of D.C. COLO. L Civ R 7.2. Nothing in this Protective Order requires the court to
restrict any filing.
12.

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, or the parties may elect to destroy
CONFIDENTIAL documents. Where the parties agree to destroy CONFIDENTIAL documents,
the destroying party shall provide all parties with an affidavit confirming the destruction.

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13.

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.

Dated: July 9, 2015

BY THE COURT:

s/ Nina Y. Wang
Nina Y. Wang
United States Magistrate Judge

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Dated: July 1, 2015

Respectfully submitted,

/s/ Tess Hand-Bender__________
Tess Hand-Bender
Daniel Reilly
REILLY POZNER LLP
1900 Sixteenth Street, Ste. 1700
Denver, CO 80202
Tel: [phone]
Fax: [phone]
[e-mail]
[e-mail]

/s/ Gregory J. Kerwin
Gregory J. Kerwin
Allison K. Kostecka
GIBSON, DUNN & CRUTCHER LLP
1801 California Street, Suite 4200
Denver, CO 80202
Tel: [phone]
Fax: [phone]
[e-mail]
[e-mail]

Marc E. Kasowitz
Kenneth R. David
KASOWITZ BENSON TORRES &
FRIEDMAN LLP
1633 Broadway
New York, NY 10019
Tel: [phone]
Fax: [phone]
[e-mail]
[e-mail]

Gabor Balassa, P.C.
A. Katrine Jakola
KIRKLAND & ELLIS LLP
300 North LaSalle
Chicago, Illinois 60654
Tel: [phone]
Fax: [phone]
[e-mail]
[e-mail]

Attorneys for Plaintiff Patrick R.
McDonald

Attorneys for Defendant Sabine Oil & Gas
Corporation

CERTIFICA

TE OF SERVICE

I, hereby certify that on July 1, 2015 I served a copy of the foregoing JOINT MOTION
FOR ENTRY OF STIPULATED PROTECTIVE ORDER through the Electronic Court
Filing system to all counsel of record.

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/s/ Loretta Howard
Loretta Howard

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EXHIBIT A
I have read the attached Protective Order entered by the Court in McDonald v. Sabine Oil & Gas
Corporation, No. 1:15-cv-00910 (D. Colo.) and agree to be bound by its provisions.
Date: _____________________

__________________________
Printed Name
__________________________
Signature

__________________________

__________________________
Addresss

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