United States District Court, D. Colorado
THE PHILIP T. SHARPLES TRUST, by and through its trustees, the COLORADO STATE BANK AND TRUST, a wholly owned subsidiary of BOKF, NA, a national banking association, and the WYOMING BANK AND TRUST, a Wyoming corporation, Plaintiffs,
BILL BARRETT CORPORATION, a Delaware corporation; ENCORE ENERGY PARTNERS OPERATING, LLC, a Texas limited liability company; VANGUARD NATURAL RESOURCES, LLC, a Delaware limited liability company; and ALL UNKNOWN PERSONS WHO CLAIM ANY INTEREST IN THE SUBJECT MATTER OF THIS ACTION, Defendants.
Herbert A. Delap, Cesilie J. Garles, Dufford & Brown, P.C. Attorneys for Plaintiff
Matthew E. Johnson, Kimberly Berve, Wheeler Trigg O’Donnell LLP Attorneys for Defendants Bill Barrett Corporation, Encore Energy Partners Operating, LLC, and Vanguard Natural Resources, LLC
STIPULATION AND PROTECTIVE ORDER
JOHN KANE, SENIOR U.S. DISTRICT COURT JUDGE
Each Party and each Counsel of Record stipulate and move the Court for a Protective Order pursuant to Rule 26(c) of the Federal Rules of Civil Procedure concerning the treatment of Confidential Information (as hereinafter defined), and, as grounds therefor, state as follows:
1. In this action, at least one of the Parties has sought and/or is seeking Confidential Information (as defined in paragraph 2 below). The Parties also anticipate seeking additional Confidential Information during discovery and that there will be questioning concerning Confidential Information in the course of depositions. The Parties assert the disclosure of such information outside the scope of this litigation could result in significant injury to one or more of the Parties' business or privacy interests. The Parties have entered into this Stipulation and request the Court enter the within Protective Order for the purpose of preventing the disclosure and use of Confidential Information except as set forth herein.
2. "Confidential Information" means any document, file, portions of files, transcribed testimony, or response to a discovery request, including any extract, abstract, chart, summary, note, or copy made therefrom - not made available to the public - and designated by one of the Parties in the manner provided in paragraph 3 below as containing: trade secrets, proprietary, or other confidential information of the designating party or a third-party, regardless of form, including but not limited to, research, development, commercial, or business documents, records, or information which counsel of record for the designating party reasonably and in good faith believes contains or reflects trade secrets, proprietary, or confidential information. In this particular case, that includes transactional documents related to the oil and gas property at issue, valuations (if any) related to the property at issue, and any other proprietary oil and gas industry information that is not available to the public that a party may produce in this lawsuit. The Confidential Information designation extends to both the material and substance of the information so designated, and to compilations or similar documents containing or compiled from said information.
3. Where Confidential Information is produced, provided or otherwise disclosed by a Party in response to any discovery request, it will be designated in the following manner:
a. By imprinting the word "Confidential" on the first page or cover of any document produced;
b. By imprinting the word "Confidential" next to or above any response to a discovery request; and
c. With respect to transcribed testimony, by giving written notice to opposing counsel designating such portions as "Confidential" no later than ten calendar days after receipt of the transcribed testimony.
4. All Confidential Information provided by a Party in response to a discovery request or transcribed testimony shall be subject to the following restrictions:
a. It shall be used only for the purpose of this litigation and not for any business or other purpose whatsoever;
b. It shall not be communicated or disclosed by any Party's counsel or a Party in any manner, either directly or indirectly, to anyone except for purposes of this case and unless an affidavit in the form of Exhibit A has been signed.
5. Individuals authorized to review Confidential Information pursuant to this Protective Order shall hold Confidential Information in confidence and shall not divulge the Confidential Information, either verbally or in writing, to any other person, ...