Widdel et al v. Continental Resources, Inc.

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Case 1:20-cv-00035-DMT-CRH Document 10 Filed 05/22/20 Page 1 of 15

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NORTH DAKOTA

Lawrence and Ula Widdel,
Plaintiffs,

VS. Case No. 1:20-cv-00085-DMT-CRH

Continental Resources, Inc.,

Defendant.

44.444 _4_ 4

AGREED PROTECTIVE ORDER

In order to expedite the flow of discovery matenial, facilitate the prompt resolution
of disputes over confidentiality, protect adequately maternal entitled to be kept
confidential, and ensure that protection is afforded only to material so entitled, pursuant
to the Court’s authority and with the consent of the parties,

It is hereby ORDERED that:

1. All “Confidential Information” and “Attomeys Eyes Only Information”
produced or exchanged in the course of this proceeding shall be used solely for the
purpose of case preparation, taking depositions, generating expert reports, filings with the
Court, presentation at hearings, and final tial, and resolution of this proceeding and for
no other purpose whatsoever, and shall not be disclosed to any person except in
accordance with the terms hereof.

2. “Confidential Information,” as used herein, means any information of any
type, kind or character that is produced or exchanged in the course of this lawsuit and

designated as “Confidential” by any of the supplying or receiving parties, whether it be a

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document, 	information 	contained 	in 	a 	document, 	information 	revealed 	during 	a
deposition, information revealed in an interrogatory answer, or otherwise. A party
designating 	information 	as 	“Confidential 	Information” 	shall 	designate 	only 	that
information which the party reasonably believes in good faith contains such information.
3. 	(a) 	“Confidential Information” means any nonpublic information which
contains or reveals sensitive or proprietary, commercial, financial, technical, or business
information.
(b) 	Nothing shall be regarded as Confidential Information if it is
information that:
(1) 	is in the public domain at the time of disclosure;
(2) 	becomes part of the public domain through no fault of the
receiving party;
(3) 	was in the receiving party’s rightful and lawful possession at
the time of disclosure in this lawsuit; or
(4) 	is lawfully received by the receiving party from a third party
at a later date without restriction as to disclosure, provided
such third party has the right to make the disclosure to the
receiving party.
4. 	“Attorneys Eyes Only Information” means any information of any type,
kind, or character that is designated as “Attorneys Eyes Only” by any of the supplying or
receiving persons, whether it be a document, information contained in a document,
information revealed during a deposition, information revealed in an interrogatory
answer, 	or 	otherwise. 	A 	party 	designating 	information 	as 	“Attorneys 	Eyes 	Only
Information” shall designate only that information which the party reasonably believes in
good faith contains such information.
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(a) 	“Attorneys 	Eyes 	Only 	Information” 	means 	any 	information,
documents, and materials that a party believes in good faith contains or constitutes highly
proprietary or competitively sensitive business, financial, or technical information that is
generally not known and which the producing party would not normally reveal to third
parties or, if disclosed, would require such third parties to maintain in confidence. For
purposes of this Protective Order, “Attorneys Eyes Only Information” includes, but is not
limited to: (1) financial information in a form which the designating party would not
normally reveal to competitors; (2) plans for strategic business initiatives or strategies; or
(3) any other information that contains the designating party’s trade secrets.
(b) 	Nothing shall be regarded as “Attorneys Eyes Only Information” if
it is information that:
(1) 	is in the public domain at the time of disclosure;
(2) 	becomes part of the public domain through no fault of the
receiving party;
(3) 	was in the receiving party’s rightful and lawful possession at
the time of disclosure in this lawsuit; or
(4) 	is lawfully received by the receiving party from a third party
at a later date without restriction as to disclosure, provided
such third party has the right to make the disclosure to the
receiving party.
5. 	“Qualified Persons,” as used herein means:
(a) 	For “Attorneys Eyes Only Information”:
(1) 	retained counsel for the parties in this litigation and their
respective staff;
(2) 	actual or potential independent experts or consultants (and
their administrative staff) engaged in connection with this
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litigation (which shall not include the current or former
employees, 	officers, 	members, 	or 	agents 	of 	parties 	or
affiliates 	of 	parties) 	who, 	prior 	to 	any 	disclosure 	of
“Attorneys Eyes Only Information” to such persons, have
signed the attached Exhibit A agreeing to be bound by the
terms of this Protective Order (such signed document to be
maintained by the attorney retaining such person and such
attorney shall provide a copy of Exhibit A to counsel for the
producing party upon request this lawsuit);
(3) 	the 	judge, 	the 	Court’s 	staff, 	and 	stenographic 	reporters
involved in taking testimony in this lawsuit.
(b) 	For “Confidential Information”:
(1) 	in-house counsel and outside counsel of record for the parties in this
lawsuit and employees of such attorneys to whom it is reasonably
necessary that the material be shown for purposes of this lawsuit;
(2) 	actual or potential independent experts or consultants for each party;
provided that (i) such expert or consultant is not a current or former
officer, director, or employee of a party and (ii) such expert or
consultant has executed an Undertaking substantially in the form of
Exhibit A attached hereto;
(3) 	the judge, the Court’s staff, and stenographic reporters involved in
taking testimony in this lawsuit;
(4) 	independent copying services, independent computer consulting and
support 	services, 	independent 	exhibit 	makers, 	independent
translators, and other independent litigation support services retained
by counsel for purposes of this lawsuit;
(5) 	the authors, senders, designated recipients, or addressees of the
material designated Confidential;
(6) 	a party, or one of its current officers or employees; provided that the
duties and responsibilities of any such officer and employee require
access to Confidential Information for purposes of assisting the party
in this lawsuit, including in connection with settlement negotiations
that include mediation;
(7) 	a former officer, director, employee, or agent of a party, or any other
third party, in connection with a deposition or other testimony of
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such person, provided that such person has executed an Undertaking
substantially in the form of Exhibit A attached hereto; and
(8) 	if the judge so elects, any other person may be designated as a
Qualified Person by order of the judge in this lawsuit, after notice to
all parties and hearing.
6. 	Documents produced in this lawsuit may be designated by any party or
parties as Confidential Information or Attorneys Eyes Only Information by marking each
page of the document(s) so designated with a stamp stating “Confidential” or “Attorneys
Eyes Only” and a Bates number that identifies the producing party. Alternatively,
documents produced in native format may be designated by any party or parties as
Confidential 	Information 	or 	Attorneys 	Eyes 	Only 	Information 	by 	making 	such
designation in the file name of the document.
7. 	(a) 	Information disclosed (1) at the deposition of a party or one of a
party’s present or former officers, directors, employees, agents or independent experts
retained by counsel for the purpose of this lawsuit or (2) at the deposition of a third-party,
may be designated by any party as Confidential Information or Attorneys Eyes Only
Information 	by 	indicating 	on 	the 	record 	at 	the 	deposition 	that 	the 	testimony 	is
Confidential or Attorneys Eyes Only Information and is subject to the provisions of this
Protective Order. If such a designation is made, any person attending the deposition on
behalf of the parties who is not a Qualified Person shall be excluded from the deposition
until testimony regarding the alleged Confidential Information has concluded. If any
person objects to the designation of testimony as Confidential Information, the objection
may be noted for the record, but any person attending the deposition on behalf of the
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parties who is not a Qualified Person nevertheless shall be excluded from the deposition
until testimony regarding the alleged Confidential Information or Attorneys Eyes Only
Information has concluded. Within twenty (20) calendar days following the receipt of the
deposition transcript to the designating party, the party who designated any testimony at
the deposition as Confidential or Attorneys Eyes Only will identify in writing to all other
parties the specific pages and lines of deposition testimony that are subject to the
designation made at the deposition.
(b) 	Any 	party 	may 	also 	designate 	information 	disclosed 	at 	such
depositions as Confidential or Attorneys Eyes Only by notifying counsel of record for all
other parties in writing, within twenty (20) calendar days of receipt of the transcript, of
the specific pages and lines of the transcript that should be treated as Confidential or
Attorneys Eyes Only thereafter. Each party shall attach a copy of such written notice or
notices to the face of the transcript and each copy thereof in his possession, custody or
control.
8. 	(a) 	Confidential Information and Attorneys Eyes Only Information shall
not be disclosed or made available by the receiving party to persons other than Qualified
Persons.
(b) 	All 	documents 	consisting 	of 	Confidential 	Information 	that 	are
provided to a Qualified Person of Paragraphs 5(a)(2) and 5(b)(2), above, shall be
maintained only at the office of such Qualified Person and only working copies shall be
made of any such documents.
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(c) 	Copies of documents produced under this Protective Order may be
made, or exhibits prepared, by independent copy services, printers or illustrators for the
purpose of discovery, evaluation, or presentation in this lawsuit.
9. 	Documents 	to 	be 	inspected 	shall 	be 	treated 	as 	Confidential 	during
inspection. At the time of copying for the receiving parties, such inspected documents
shall be stamped prominently Confidential or Attorneys Eyes Only by the producing
party if they are to be designated as such under this Protective Order.
10. 	Filings with the Court including Confidential Information and Attorneys
Eyes Only Information shall be done in accordance with District of North Dakota’s
“Guide to Filing Sealed Documents and Motions” by filing a Motion for Leave to File
Under Seal with any exhibits containing “Confidential” or “Attorneys Eyes Only”
information attached as “Proposed Sealed Documents.” If the motion is requesting to seal
only portions of the document or motion, counsel should include as an attachment an
unredacted copy of the document with the proposed redactions highlighted or otherwise
identified in a manner that enables the Court to easily review the proposed redactions.
11. 	Nothing herein shall prevent disclosure beyond the terms of this Protective
Order if each party designating the information as Confidential or Attorneys Eyes Only
consents to such disclosure or if the judge, after notice to all affected parties, orders such
disclosures. Nor shall anything herein prevent any counsel of record from utilizing
Confidential Information and Attorneys Eyes Only Information in the examination or
cross-examination of any person who is indicated on the document as being an author,
source, or recipient of the Confidential Information, irrespective of which party produced
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such information. Nor shall anything herein prevent any counsel of record from using
Confidential Information or Attorneys Eyes Only Information in the examination or
cross-examination of any person who is an officer, director, or employee of the party that
designated the information as Confidential.
12. 	(a) 	If a party inadvertently discloses any document or thing the party
deems to contain Confidential Information or Attorneys Eyes Only Information without
designating it as Confidential or Attorneys Eyes Only, the disclosing party shall promptly
upon discovery of such inadvertent disclosure inform the receiving party in writing, and
the receiving party and all Qualified Persons possessing such information shall thereafter
treat the information as Confidential or Attorneys Eyes Only under this Protective Order.
To the extent such information may have been disclosed to persons other than authorized
persons described in this document, the receiving party shall make every reasonable
effort to retrieve the information promptly from such persons and to avoid any further
disclosure to non-authorized persons.
(b) 	If a producing party inadvertently discloses to a receiving party
information that is privileged or otherwise immune from discovery, the producing party
shall promptly upon discovery of such disclosure so advise the receiving party in writing,
including an identification of the information at issue, and request that the item or items
of information be returned, and no party to this lawsuit shall thereafter assert that such
disclosure waived any privilege or immunity. It is further agreed that the receiving party
will return such inadvertently produced item or items of information and all copies
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thereof within ten (10) calendar days of receiving a written request for the return of such
item or items of information.
13. 	(a) 	A party shall not be obligated to challenge the propriety of a
designation as Confidential or Attorneys Eyes Only at the time made, and a failure to do
so shall not preclude a later challenge thereto. In the event that any party to this lawsuit
disagrees at any stage of these proceedings with the designation by the designating party
of any information as Confidential or Attorneys Eyes Only, the parties shall first try to
resolve the dispute in good faith on an informal basis, such as production of redacted
copies. If the parties are unable to resolve the dispute, the party challenging the
designation may seek appropriate relief from the judge, and it shall be the burden of the
designating party to establish that the documents or information at issue are properly
designated as Confidential or Attorneys Eyes Only within the meaning of this Protective
Order and that this designation shall continue to apply to the documents or testimony.
(b) 	The parties may, by written stipulation filed with the Court for
approval, provide for exceptions to this Protective Order, and any party may seek an
order of the Court modifying this Protective Order. The parties agree to confer in good
faith prior to seeking to modify this Protective Order. In addition, the Court may modify
this Protective Order in the interest of justice or otherwise at the Court’s discretion.
14. 	Unless otherwise agreed to in writing by the parties or ordered by the
Court, all proceedings in this action involving or relating to documents or any other
information shall be subject to the provisions of this Protective Order.
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15. 	In the event any person or party that has possession, custody, or control of
any information designated as Confidential or Attorneys Eyes Only pursuant to the terms
of this Protective Order receives a subpoena or other process or order to produce such
information, such person or party shall immediately, but in no event later than five (5)
business days after receipt of the subpoena or other process or order, notify by facsimile
the counsel for the party or persons claiming confidential treatment of the documents
sought by such subpoenas or other process or order, shall furnish such counsel with a
copy of said subpoena or other process or order, and shall cooperate with respect to any
procedure sought to be pursued by the party whose interests may be affected. The party
asserting the Confidential or Attorneys Eyes Only designation shall have the burden of
defending against such subpoena, process, or order. The person or party receiving the
subpoena or process or order shall be entitled to comply with it except: (a) to the extent
the party asserting the Confidential or Attorneys Eyes Only treatment is successful in
obtaining an order modifying or quashing it; and (b) in complying with the process or
order the receiving party shall, at a minimum, seek to obtain confidential treatment of the
Confidential Information or Attorneys Eyes Only Information before producing it in the
other proceeding or action.
16. 	This Protective Order shall apply to the parties and any non-party from
whom discovery may be sought in this lawsuit and who desires protection for the
discovery sought. Thus, any non-party requested or required to produce or disclose
information 	in 	this 	lawsuit, 	through 	subpoena 	or 	otherwise, 	may 	designate 	such
information pursuant to the terms of this Protective Order.
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17. 	Within sixty (60) calendar days after conclusion of this lawsuit, any
document consisting of Confidential Information or Attorneys Eyes Only Information
and all reproductions of such documents produced by a party that are in the possession of
any of the persons qualified under Paragraph 5 shall, at the written request of the
producing party, be returned to the producing party or destroyed provided that the request
made by the producing party shall not impose any costs on the receiving party other than
the cost of counsel for the receiving party certifying that the materials were destroyed as
requested. If the materials are destroyed, counsel for the receiving party shall certify to
counsel for the producing party compliance with this paragraph within seven (7) calendar
days of such destruction. Counsel of record for a receiving party may retain one copy
solely in its offices of any papers filed in this lawsuit, along with any work-product
(including correspondence) of such Counsel, regardless of whether such work-product
contains Confidential Information or Attorneys Eyes Only Information. Nothing in this
Protective Order shall require the destruction of disaster-recovery materials or other
backup materials that Counsel or any producing or receiving party maintains in the
ordinary course of business, including backup materials maintained in order to satisfy
regulatory and/or statutory requirements. To the extent ·that the provisions of any
protective orders entered in this lawsuit restrict the communication and use of the
documents produced in this proceeding, such orders shall continue to be binding after the
conclusion of this lawsuit, except that a party may seek the written permission of the
producing party or order of the Court with respect to dissolution or modification of such
protective orders.
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SIGNED on this 22 nd day of May, 2020.
/s/ Clare R. Hochhalter
Clare R. Hochhalter, Magistrate Judge
AGREED:
Continental Resources, Inc.
By: 	/s/ Andrew D. Sims
Andrew D. Sims, ND Bar #08805
asims@hfblaw.com
HARRIS, FINLEY & BOGLE, P.C.
777 Main Street, Suite 1800
Fort Worth, TX 76102
Phone: 	(817) 870-8700
Fax: 	(817) 333-1154
ATTORNEY FOR DEFENDANT
CONTINENTAL RESOURCES, INC.
Lawrence and Ula Widdel
By: 	/s/ Dennis Johnson
Dennis Edward Johnson (ND Bar # 03671)
dennis@dakotalawdogs.com
Aaron Weber #07844
aaron@dakotalawdogs.com
JOHNSON & SUNDEEN
P.O. Box 1260
109 Fifth Street SW
Watford City, ND 58854
Phone: 	(701) 444-2211
ATTORNEYS FOR PLAINTIFFS
LAWRENCE AND ULA WIDDEL
1072764.1
United States District Court
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EXHIBIT A

EXHIBIT A - AGREED P ROTECTIVE ORDER 	1
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NORTH DAKOTA
Lawrence and Ula Widdel,
Plaintiffs,
vs.
Continental Resources, Inc.,
Defendant.
)
)
)
)
)
)
)
)
)
Case No. 1:20-cv-00035-DMT-CRH
UNDERTAKING
I, the person named below, hereby declare that the following information is true
and correct:
1. 	Name:
2. 	Address:
3. 	Employer’s name and address:
4. 	Title:
5. 	Occupation/job description:
6. 	Past or present relationship to Plaintiff or Defendant, if any:
7. 	I am executing this Undertaking on behalf of (check all that are applicable):
(a) 	myself
(b) 	my employer
Case 1:20-cv-00035-DMT-CRH Document 10 Filed 05/22/20 Page 14 of 15

EXHIBIT A - AGREED P ROTECTIVE ORDER 	2
8. 	I hereby acknowledge that I have been provided with a copy of, have read,
and fully understand the terms of the Agreed Protective Order entered in this lawsuit. I
agree to be bound by, and to comply fully with, the terms of the Agreed Protective Order.
I further agree not to use or disclose to anyone any Confidential Information or Attorneys
Eyes Only Information, as defined by the Agreed Protective Order, except as permitted
therein.
9. 	If I am executing this Undertaking on behalf of my employer as indicated
above, I agree on its behalf that it too will be bound by the provisions of the Agreed
Protective Order and that it too will abide by the requirements set out in paragraph 8 of
this Undertaking.
10. 	I hereby submit myself to the jurisdiction of the Court in connection with
the enforcement of the Agreed Protective Order. If I am executing this Undertaking on
behalf of my employer as indicated above, my employer hereby submits itself to the
jurisdiction of the Court in connection with the enforcement of the Agreed Protective
Order.
I hereby declare under penalty of perjury that the foregoing is true and correct.
EXECUTED within the United States on this _____ day of ________ 2020.
(Signature)
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