United States District Court, D. Kansas
WATCHOUS ENTERPRISES, L.L.C. Plaintiff,
PACIFIC NATIONAL CAPITAL, WATERFALL MOUNTAIN USA LLC, and WATERFALL MOUNTAIN LLC, WATERFALL INTERNATIONAL HOLDINGS LIMITED Defendants.
D. Klise James A. Walker, #9037 Grant D. Klise, #26810
Attorneys for Plaintiff
LAW FIRM, LLC Charles J. Hyland Charles J. Hyland, KS #14613
Attorneys for Defendants
STIPULATED PROTECTIVE ORDER
P. O'Hara U.S. Magistrate Judge
parties agree that during the course of discovery it may be
necessary to disclose certain confidential information
relating to the subject matter of this action. They agree
that certain categories of such information should be treated
as confidential, protected from disclosure outside this
litigation, and used only for purposes of prosecuting or
defending this action and any appeals. The parties jointly
request entry of this proposed Stipulated Protective Order to
limit the disclosure, dissemination, and use of certain
identified categories of confidential information.
parties assert in support of their request that protection of
the identified categories of confidential information,
further described in Section 2 below, is necessary because
much of the information sought will contain confidential,
proprietary, or personal information that, if disclosed to
the general public, could result in prejudice, oppression,
the divulgence of proprietary/commercial information, or
undue burden on the parties.
case involves allegations of breach of contract, breach of
fiduciary duties, negligence, and fraud relative to a broker
agreement and a Letter of Intent to create a joint venture
for the exploration and drilling of oil and gas interests
located in the State of Kansas, as well as alleged damages
incurred by the parties relative to the same. During
discovery, the parties anticipate, among other things, that
the following information may be requested:
private/commercial financial information, including, without
limitation, prior history of attempted and completed
transactions between the Defendants; proprietary/confidential
commercial information related to the parties'
competitive business practices in the oil and gas industry;
and employment/personnel records. The disclosure of such
information may place the parties at a competitive
disadvantage or possibly result in an undue burden or
prejudice. The disclosure of such information outside these
proceedings could result in prejudice to a party, divulgence
of private/proprietary information for unfair competitive
advantage, or cause an undue burden on a party.
good cause shown under Fed.R.Civ.P. 26(c), the court grants
the parties' stipulated request and hereby enters the
following Protective Order:
documents and materials produced in the course of discovery
of this case, including initial disclosures, responses to
discovery requests, all deposition testimony and exhibits,
and information derived directly therefrom (hereinafter
collectively “documents”), are subject to this
Order concerning Confidential Information as set forth below.
As there is a presumption in favor of open and public
judicial proceedings in the federal courts, this Order will
be strictly construed in favor of public disclosure and open
proceedings wherever possible.
Definition of Confidential Information.
in this Order, “Confidential Information” is
defined as information that the producing party designates in
good faith has been previously maintained in a confidential
manner and should be protected from disclosure and use
outside the litigation because its disclosure and use is
restricted by statute or could potentially cause harm to the
interests of disclosing party or nonparties. For purposes of
this Order, the parties will limit their designation of
“Confidential Information” to the following
categories of information or documents:
• private oil and gas information;
• private oil and gas drilling or completion
information, including, without limitation, pricing and
• proprietary/confidential commercial information
related to the parties' competitive business practices in
the oil and gas industry;
• private/commercial financial information;
• employment/personnel records; and private financial,
income, or expense information or records including tax
or documents that are available to the public may not be
designated as Confidential Information.
Form and Timing of Designation.
producing party may designate documents as containing
Confidential Information and therefore subject to protection
under this Order by marking or placing the words
“CONFIDENTIAL - SUBJECT TO PROTECTIVE ORDER”
(hereinafter “the marking”) on the document and
on all copies in a manner that will not interfere with the
legibility of the document. As used in this Order,
“copies” includes electronic images, duplicates,
extracts, summaries or descriptions that contain the
Confidential Information. The marking will be applied prior
to or at the time the documents are produced or disclosed.
Applying the marking to a document does not mean that the
document has any status or protection by statute or otherwise
except to the extent and for the purposes of this Order.
Copies that are made of any designated documents must also
bear the marking, except that indices, electronic databases,
or lists of documents that do not contain substantial
portions or images of the text of marked documents and do not
otherwise disclose the substance of the Confidential
Information are not required to be marked. By marking a
designated document as confidential, the designating attorney
thereby certifies that the document contains Confidential
Information as defined in this Order.
Inadvertent Failure to Designate.
failure to designate any document or material as containing
Confidential Information will not constitute a waiver of an
otherwise valid claim of confidentiality pursuant to this
Order, so long as a claim of confidentiality is asserted
within thirty (30) days after discovery of the inadvertent
testimony will be deemed confidential only if designated as
such when the deposition is taken or within a reasonable time
period after receipt of the deposition transcript. Such
designation must be specific as to the portions of the
transcript and/or any exhibits to be protected.
Protection of Confidential Material.