Weslease 2018 Operating LP v. Behan et al

Filing 51

ORDER adopting 47 Agreed Protective Order - non-party Continental Resources by Magistrate Judge Clare R. Hochhalter. (BG)

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of which the original shall be retained by the attorneys for the disclosing party and produced to the
attorneys for the non-disclosing party upon request. Plaintiff must take reasonable efforts to
prevent unauthoriz�d or inadvertent disclosure of documents designated as_ containing Confidential
Information pursuant to the terms of this Order.
7.

Filing of Confidential Information.

In the event a party seeks to file any

document containing Confidential Information, subject to protection under this Order with the
Court, that party must: (a) seek a stipulation from the parties to this action that the Confidential
Information be filed under seal; (b) or, if the other parties will not agree to such a stipulation, notify
CLR and bring the issue to the attention of the Court and motion to allow the Confidential
Information to be filed under seal.
8.

Challenges to a Confidential Designation. The designation of any material or

document as Confidential Information is subject to challenge by any party. Before filing any
motion or objection to a confidential designation, the objecting party must meet and confer in good
faith to resolve the objection informally without judicial intervention.

A party that elects to

challenge a confidentiality designation may file and serve a motion that identifies the challenged
material and sets forth in detail the basis for the challenge. The burden of proving the necessity of
a confidentiality designation remains with the party asserting confidentiality. Until the Court rules
on the challenge, all Parties must continue to treat the materials as Confidential Information under
the terms of this Order.
9.

Use of Confidential Documents or Information at Trial or Hearing. Nothing

in this Order will be construed to affect the use of any document, material, or information at any
trial or hearing. A party that intends to present or that anticipates that another party may present

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(c)

Retention of Work Product. Notwithstanding the above requirements to

return or destroy documents, counsel may retain attorney work product, including an index which
refers or relates to designated Confidential lnfonnation, so long as that work product doe.s not
duplicate verbatim substantial portions of the text or images of designated documents. This work
product will continue to be confidential under this Order. An attorney may use his or her own
work product in subsequent litigation provided that its use does not disclose Confidential
lnfonnation.
12.

Order Subject to Modification. This Order is subject to modification by the Court

on its own motion or on motion of any party or any other person with standing concerning the
subject matter. The Order must not, however, be modified until the Plaintiff and CLR have been
given notice and an opportunity to be heard on the proposed modification.
13.

No Prior Judicial Determination.

This Order is entered based on the

representations and agreements of the Plaintiff and CLR and for the purpose of facilitating
discovery. Nothing in this Order will be construed or presented as a judicial detennination that
any document or material designated as Confidential Information by counsel, Plaintiff or CLR is
entitled to protection until such time as the Court may rule on a specific document or issue.
14.

Persons Bound by Agreed Protective Order. This Order will take effect when

entered and is binding upon all counsel of record and their law finns, the Plaintiff, the above­
captioned Defendants, and persons made subject to this Order by its tenns.
15.

Jurisdiction. The Court's jurisdiction to enforce the provisions of this Order will

tenninate on the final disposition of this case. A party may, however, file a motion to seek leave
to reopen the case to enforce the provisions of this Order.

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16.

Applicability to Parties Later Joined. If additional persons or entities become

parties to this lawsuit, they must not be given access to any Confidential Information until they
execute and file with the Court their written agreement to be bound by the provisions of this Order,
unless disclosure is required under the Federal Rules of Civil Procedure or other applicable law.
17.

Protections Extended to Third-Party's Confidential Information. The Plaintiff

agrees to extend the provisions of this Agreed Protective Order to Confidential Information
produced in this case by third parties, if timely requested by the third party.
18.

Confidential Information Subpoenaed or Ordered Produced in Other

Litigation. If a receiving party is served with a subpoena or an order issued in other litigation that
would compel disclosure of any material or document designated in this action as Confidential
Information, the receiving party must so notify the designating party, in writing, immediately and
in no event more than three business days after receiving the subpoena or order. Such notification
must include a copy of the subpoena or court order.
The receiving party also must immediately inform in writing the party who caused the
subpoena or order to issue in the other litigation that some or all of the material covered by the
subpoena or order is the subject of this Order. In addition, the receiving party must deliver a copy
of this Order promptly to the party in the other action that caused the subpoena to issue.
The purpose of imposing these duties is to alert the interested persons to the existence of
this Order and to afford the designating party in this case an opportunity to try to protect its
Confidential Information in the court from which the subpoena or order issued. The designating
party bears the burden and the expense of seeking protection in that court of its Confidential
Information, and nothing in these provisions should be construed as authorizing or encouraging a
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Dated this 8th day of January, 2021.

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