Hilger et al v. Bent Tree Properties, Inc.
Filing
13
JOINT PROTECTIVE ORDER and ORDER granting 12 motion for protective order. Signed by Magistrate Judge James P. O'Hara on 12/5/2011. (ah)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF KANSAS
DUANE HILGER AND BETTY HILGER
)
)
Plaintiffs,
)
vs.
)
)
BENT TREE PROPERTIES, INC., WCT
)
ENERGY, LLC, and WEST INDIES ENERGY )
COMPANY, INC.,
)
)
Defendant.
)
Case No. 11-CV-1311-CM
STIPULATED PROTECTIVE ORDER
This matter comes before the Court upon the parties' Stipulated Application for
Protective Order (the "Application").
The Court, having been fully advised of the premises of the Application, and
finding good cause shown, ORDERS that the Application is GRANTED. The following
is the Order of the Court:
1.
The parties are jointly requesting a Protective Order as some of the
information to be disclosed in this case will involve the identification of mineral estate
ownership involving tens of thousands of acres of land in and around Kingman County,
Kansas, as well as the bonus amounts paid by one or more of the Defendants to
acquire oil and gas leases in this area. One or more of the Defendants have incurred
substantial expense in the investigation of public records and title work to prepare such
ownership lists. In addition, the amounts paid by an oil and gas lessee to acquire an
oil and gas lease is considered to be confidential and proprietary information, akin to
trade secrets. Recent oil and gas discoveries in the Kingman County area have made
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all this information developed by one or more of the Defendants to be of substantial
economic and competitive value, which value would be lost if publicly disclosed.
Defendants have requested the Protective Order to prevent the public disclosure of this
confidential trade and Plaintiffs have agreed to maintain the confidentiality of the
information. The Court finds there is a legitimate purpose for the restrictions imposed
herein on disclosure and good cause for entry of a Protective Order.
2.
The information covered by this Order shall include all documents, and the
contents thereof, produced herein relating to:
a.
Mineral ownership, including ownership reports, research files,
the identification and personal information concerning mineral owners,
and whether said owners are leased or unleased;
b.
Amounts paid by Defendants, or any one of them, to acquire oil
and gas leases, including the amount of bonus payments; and,
c.
Title opinions and legal analysis pertaining to mineral estate
ownership.
All the above described information shall be considered confidential (hereinafter the
“CONFIDENTIAL INFORMATION”). Such CONFIDENTIAL INFORMATION shall be
subject to the provisions of this Order and may only be used by the parties for purposes of
preparation for trial and appeal of this action.
3.
The restrictions set forth in any of the paragraphs of this Order with respect
to the CONFIDENTIAL INFORMATION shall not apply to:
a.
any information which at the time of disclosure to a receiving party is
in the public domain;
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b.
any information which after disclosure to a receiving party becomes
part of the public domain as a result of publication not involving a violation of
this Order; or
c.
any information which a receiving party can show was received by it,
whether before or after the disclosure, from a source who obtained the
information without obligation of confidentiality to the producing party.
4.
The producing party shall screen all documents, data and information for
confidentiality and privilege before producing them to the receiving party. The production
of discovery material not intended to be disclosed by the producing party shall be without
prejudice to the producing party, so long as the producing party timely requests the return
of such documents in writing and with particularity upon discovery of an inadvertent
disclosure.
5.
Unless and until the Court rules otherwise, access and disclosure of the
CONFIDENTIAL INFORMATION shall be limited to:
a.
The parties, attorneys and legal assistants of each party and members
of their staff who may handle the CONFIDENTIAL INFORMATION under
normal office procedure.
b.
Present and former officers, employees, and accountants of each
party whose advice and consultation are being or will be used by the party
in connection with discovery, trial preparation and trial of this action, including
any motions made in this action. Such persons shall not disclose or discuss
the CONFIDENTIAL INFORMATION to or with any person other than
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counsel identified in subparagraph (a) above or independent experts or
consultants as provided in subparagraph (c) below.
c.
Independent experts or consultants to a party, whose advice and
consultation are being or will be used by the party in connection with
discovery, preparation and/or trial of this action, including any motions made
in this action, and their staff.
d.
The Court and Court personnel.
e.
Court reporters and video technicians recording any deposition,
hearing or trial in this action.
f.
Nothing herein shall preclude any party from offering any
CONFIDENTIAL INFORMATION at any court hearing, deposition or trial
relating to this litigation.
6.
The CONFIDENTIAL INFORMATION shall be held in confidence by each
person to whom it is disclosed, shall be used only for purposes of this action, shall not be
used directly or indirectly for any business or competitive purpose and shall not be
disclosed to any person who is not entitled to receive such information as herein provided.
All produced CONFIDENTIAL INFORMATION shall be carefully maintained so as to
preclude access by persons who are not entitled to receive such information.
7.
CONFIDENTIAL INFORMATION shall not be copied or otherwise reproduced
by a receiving party, except for transmission to qualified recipients, without the written
permission of the producing party, or, in the alternative, by further order of the Court.
Nothing herein shall, however, restrict a qualified recipient from making working copies,
abstracts, digests and analyses of the information. Nothing herein shall restrict those
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persons who are authorized to examine the information from converting or translating such
information or materials into machine-readable form for incorporation into a data-retrieval
system used in connection with this action, provided that access to the information or
material, in whatever form stored or reproduced, shall be limited to those designated
herein.
8.
Nothing herein shall bar or otherwise restrict counsel from rendering advice
to his or her client with respect to this action, and in the course thereof, from referring to or
relying upon the CONFIDENTIAL INFORMATION.
9.
This Order shall be without prejudice to the right of any party to oppose
production of any information on any ground permitted by the Federal Rules of Civil
Procedure or the Federal Rule of Evidence, other than the presence of the CONFIDENTIAL
INFORMATION.
10.
Any party may apply to the Court at any time for additional protection or to
relax or rescind the restrictions of this Order. In the event that there is a dispute as to the
use of the CONFIDENTIAL INFORMATION, it is the parties’ intention that the Court utilize
FRCP Rule 26(c), and case law construing that Rule, in deciding what limitations, if any,
should be imposed on the disclosure or use of the disputed information.
11.
The receiving parties must destroy all CONFIDENTIAL INFORMATION at the
conclusion of this litigation. This provision, however, shall not apply to the Court.
IT IS SO ORDERED.
Dated this 5th day of December, 2011.
s/ James P. O’Hara
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James P. O’Hara
U.S. Magistrate Judge
Approved:
_s/ L. Vance Brown___________________
L. Vance Brown, OBA #10743
Elias, Books, Brown & Nelson, PC
Two Leadership Square
211 N Robinson, Ste 1300
Oklahoma City, OK 73102
(405) 232-3722 Phone
(405) 232-3746 Fax
vbrown@eliasbooks.com
wcraighead@eliasbooks.com
and
Mark G. Ayesh, #10175
Ray E. Simmons, #12296
8100 East 22nd Street North
Building 2300, Suite 2
P.O. Box 781750
Wichita, KS 67278-1750
Telephone: 316-682-7381
E-Mail: mayesh@ayesh.kscoxmail.com
rsimmons@ayesh.kscoxmail.com
ATTORNEYS FOR DEFENDANTS
BENT TREE PROPERTIES, INC.,
WCT ENERGY, LLC,
WEST INDIES ENERGY COMPANY, INC.
/s/ Robert R. Eisenhaurer
Robert R. Eisenhauer, #10835
Johnston & Eisenhauer
113 E. Third
P.O. Box 825
Pratt, KS 67124
Telephone: 620-672-5533
E-Mail: je-pratt@scbglobal.net
ATTORNEY FOR PLAINTIFFS
DUANE HILGER AND BETTY HILGER
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