Digges et al v. Helmerich & Payne LLC et al

OCR transcription for search; preserved printed pages are authoritative

Case 4:15-cv-00051-DLH-CRH Document 84 Filed 03/20/18 Page 1 of 6

IN THE UNITED STATES DISTRICT COURT
DISTRICT OF NORTH DAKOTA
NORTHWESTERN DIVISION

Steven Digges and Cheri Digges,
Case No. 4:15-cv-00051

Plaintiffs,
VS. PROTECTIVE ORDER
Helmerich & Payne International Drilling
Co., Samson Resources Company, RM Oil

Field Services, LLC, and Swanson Oilfield
Services, Inc.,

Peer” Newmar ee me Nene ee eee Nee ee ee ee”

Defendants.

This matter comes before the Court on the Joint Motion for Protective Order filed by the
parties, by and through their counsel of record, for the entry of a Protective Order governing the
disclosure and handling of information provided or produced by any party that may be protected
by Rule 26(c)(1)(G), Fed.R.Civ.P., as well as specific personal information about any of the
parties.

1. This Protective Order governs the handling of all information provided or produced
by any party in connection with the above-captioned matter and designated as “Protected
Information” as set forth below, including, but not limited to, all documents, written, recorded or
electronically-stored information, answers to interrogatories, responses to requests for admissions,
deposition testimony, pleadings, affidavits, declarations, motions, briefs and other documents filed
with the Court.

2. A party may designate as “Protected Information” any information that the party in
good faith believes constitutes a trade secret or other confidential research, confidential
development, confidential commercial information, or confidential or proprietary business

information as well as certain personal information (specifically Social Security numbers,

PROTECTIVE ORDER
CASE NO. 4:15-CV-00051
PAGE 1 OF 6

AUTHENTICATED
U.S. GOVERNMENT
INFORMATION
GPO

Case 4:15-cv-00051-DLH-CRH Document 84 Filed 03/20/18 Page 2 of 6

wage/salary/bonus information, tax returns, financial statements, and healthcare records) (“the
Protected Information”). Only information that a party in good faith deems to contain Protected
Information shall be so designated, and such designation by a party shall constitute a certification
by such party and its counsel that they are of the belief that such designation has been made in
good faith, that there are substantial reasons to believe the information constitutes Protected
Information within the meaning of this Order, and that there is good cause for the Protected
Information to be treated differently than other information produced during the course of this
litigation and good cause for the terms of this Order to be applied to the Protected Information.
This Order applies only to information that becomes qualified as “Protected Information” as that

phrase is described in this paragraph, subject to the procedures described in Paragraph 3 hereof.
3. Any other party may object to the designation of information as “Protected
Information” by providing the designating party with written notice within 30 days of the
designation. The parties will attempt to resolve the objection without involvement of the Court
through meet and confer efforts within 14 days of the date of the written objection. If the parties
cannot resolve the objection, the party seeking protection may file a motion with the Court
requesting that the Court determine whether the disputed information qualifies as Protected
Information subject to the terms of this Order. This motion shall be filed no later than 14 days
after the objecting party provides written notice to the producing party that its objection has not
been satisfactorily resolved. The party seeking protection shall have the burden of establishing
that the information in question qualifies as Protected Information as that term is defined in this
Order and that there is good cause for the terms of this Order to be applied to the information.
Until the Court resolves the motion, the information designated as “Protected Information” shall
remain subject to this Order. Ifa motion is not filed by the party seeking protection within the 14
PROTECTIVE ORDER

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Case 4:15-cv-00051-DLH-CRH Document 84 Filed 03/20/18 Page 3 of 6

day period, the information that was the subject of the objection shall not be considered to be
Protected Information and shall not be subject to the terms of this Order.

4, A party may designate information as Protected Information only if that
information is defined as “Protected Information” in Paragraph 2. Such designation may be made
provisionally by stamping or labeling documents “Protected Information”. The information shall
be treated as protected by the terms of this Order only if the information has qualified as Protected
Information following the procedures described in Paragraphs 2 and 3. A party may designate
relevant portions of deposition testimony as “Protected Information” within the meaning of this
Order either orally or on the record or in writing within 14 days after the transcript is made
available — but only if that information constitutes “Protected Information”. Only the relevant
portions of the deposition transcript that concern the Protected Information shall be protected by
the terms of this Order.

5, Provision for use of the Protected Information at trial shall be made by agreement
or by Pretrial Order governing the use and protection of the record.

6. Protected Information may be disclosed only to: (a) the above-named parties and
their insurers; (b) the parties’ attorneys, including support personnel and any regular and temporary
employees and service vendors of such attorneys, including outside copying and litigation support
services; (c) any experts or consultants retained and/or consulted by said parties in connection with
the above-captioned matter, including their support personnel; (d) actual or potential witnesses in
deposition or at trial; (e) any person attending a deposition being conducted in this case; (f)
interviewed individuals whom counsel have a good faith belief have knowledge concerning the
subject matter described in the Protected Information; (g) the Court and court reporters, including
deposition court reporters and their staffs; (h) any mediator appointed by the Court or agreed to by

PROTECTIVE ORDER

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the parties; and (i) any other person to whom the producing party agrees in writing the information
may be disclosed. Disclosure shall be made to such persons only as necessary for the prosecution
or defense of this lawsuit, and only after the persons to whom disclosure is made have been
informed of the terms of this Order and agree to be bound by it. Protected Information shall not
be disclosed to any person or in any manner not specified in this Order or for any purpose other
than the prosecution or defense of this lawsuit. To the extent Protected Information is provided to
any person described in subparts (c), (d), (e), (f), or (i) hereof, disclosure to any such person shall
only be made after the person has executed the Undertaking attached as Exhibit A to this Order.

7. The parties shall act to preserve the confidentiality of Protected Information. If
such Protected Information is filed with the Court, it shall be filed under seal.

8. Nothing contained herein shall be construed to limit any producing party from using
its own Protected Information in any manner that it may choose.

9. If any party wishes to modify this Order or its application to certain information,
the party shall first request such modifications from the other parties, and, if no satisfactory
agreement is reached, may petition the Court for modification of this Order. Until modification is
granted by agreement or Order, the terms of this Order will govern.

10. Nothing in this Protective Order shall be construed as a waiver of any objection to
the production of documents, waiver of any privilege or work-product protection, or as an
agreement that the document is admissible at trial.

ll. If any Protected Information is sought through discovery from a party in any other
judicial or administrative proceeding, the party who produced the Protected Information will be
immediately notified so as to permit that party an opportunity to seek a protective order from the
appropriate Court.

PROTECTIVE ORDER

CASE NO. 4:15-CV-06051
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12. Upon termination of this lawsuit, by judgment or settlement, counsel for the
respective parties shall take the following steps to assure the protection of the documents and
information. To the extent any Protected Information has been provided to counsel’s clients or
any consulting or designated expert, counsel who provided the Protected Information to the client
or expert shall ascertain that the documents have either been returned to counsel or have been
destroyed by the client, consulting expert, or designated expert. Counsel may retain such
documents in their own possession pursuant to the document retention policies of such counsel or
counsel’s law firm, but to the extent such documents or information may be retained, the
documents and information shall remain fully protected by the provisions of this Order, and the

Court shall have continuing jurisdiction to enforce its terms.

ORDERED thisestOF Gay of 7 laren, 2018.
NX

Charles S. Miller, Jr.
Magistrate Judge

United States District Court

PROTECTIVE ORDER
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Case 4:15-cv-00051-DLH-CRH Document 84 Filed 03/20/18 Page 6 of 6

EXHIBIT A
UNDERTAKING

The undersigned, whose assistance is required by the following party
C Plaintiff Steven Digges or Plaintiff Cheri Digges

Defendant Helmerich & Payne International Drilling Co.
Defendant Samson Resources Company

Defendant RM Oil Field Services, LLC

Oo O§F GB 8

Defendant Swanson Oilfield Services, Inc.
in the preparation or trial of this action, has read the Protective Order, understands its contents,
and hereby undertakes not to disclose the Protected Information to any person who is not permitted
to have access to the Protected Information by the terms of the Protective Order.

The undersigned agrees not to use the Protected Information for any purpose whatsoever
other than assistance in this litigation.

The undersigned understands that a violation of this Undertaking could be punishable as a
contempt of court.

Signed Name:

Printed Name:

STATE OF )
‘SS
COUNTY OF )

Subscribed and sworn to before me this day of , 201

Seal

Notary Public
Residing at
My Commission Expires:

PROTECTIVE ORDER
CASE NO. 4:15-CV-00051
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