United States District Court, S.D. Ohio, Eastern Division
JEFFREY T. BOND, et al., Plaintiffs,
ANTERO RESOURCES CORPORATION, et al., Defendants.
D. Shenise (0068461) Warner D. Mendenhall (0070165) Counsel
William G. Porter (0017296), Trial Attorney Peter A. Lusenhop
(0069941) Steven A. Chang (0088321) Jessica Knopp Cunning
(0089165) VORYS, SATER, SEYMOUR AND PEASE LLP Attorneys for
Defendants Antero Resources Corporation.
C. SMITH JUDGE.
STIPULATED PROTECTIVE ORDER
KIMBERLY A. JOLSON UNITED STATES MAGISTRATE JUDGE.
parties to this Stipulated Protective Order have agreed to
the terms of this Order and, accordingly, it is ORDERED:
documents produced in the course of discovery, including
initial disclosures, all responses to discovery requests, all
deposition testimony and exhibits, and other electronically
stored information or materials which may be subject to
restrictions on disclosure for good cause and information
derived directly therefrom (hereinafter collectively
“documents”), shall be 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 shall be
strictly construed in favor of public disclosure and open
proceedings wherever possible. The Order is also subject to
the Local Rules of this District and the Federal Rules of
Civil Procedure on matters of procedure and calculation of
Form and Timing of Designation.
Form. A party may designate a document as
confidential and restricted in disclosure under this Order by
placing or affixing the words “CONFIDENTIAL” or
“CONFIDENTIAL-ATTORNEYS EYES ONLY” on the
document in a manner that will not interfere with the
legibility of the document and that will permit complete
removal of the designation. Documents produced in native
format may be designated as CONFIDENTIAL or
CONFIDENTIAL-ATTORNEYS EYES ONLY by separate letter
indicating the Bates numbers and designations of each
document so designated and/or by placing CONFIDENTIAL or
CONFIDENTIAL-ATTORNEYS EYES ONLY in the title of the
document. Deposition testimony may be designated CONFIDENTIAL
or CONFIDENTIAL-ATTORNEYS EYES ONLY by making a statement so
designating specific portions of testimony or exhibits on the
record or in writing and directing the court reporter to mark
the affected pages of the transcript.
Initial Designation. Documents shall be
initially designated CONFIDENTIAL or CONFIDENTIAL-ATTORNEYS
EYES ONLY prior to or at the time of the production or
disclosure of the documents. A statement designating
testimony as CONFIDENTIAL or CONFIDENTIAL-ATTORNEYS EYES ONLY
shall be made at the deposition or hearing, or within thirty
(30) days after receipt of a final transcript.
Subsequent Designation. A party may
designate any document as CONFIDENTIAL or
CONFIDENTIAL-ATTORNEYS EYES ONLY subsequent to its first
disclosure or production, provided that any such designation
(i) must be in writing; (ii) must specifically identify the
document designated; and (iii) shall only apply to the
treatment and disclosure of such document after such written
designation is received. Where a subsequent designation is
made, any party that previously received the document shall
immediately return copies of the document not bearing the
“CONFIDENTIAL” or “CONFIDENTIAL-ATTORNEYS
EYES ONLY” stamp and shall make all reasonable efforts
to retrieve such document from any persons not authorized to
hold it under this Order.
Documents Which May be Designated CONFIDENTIAL or
CONFIDENTIAL-ATTORNEYS EYES ONLY.
CONFIDENTIAL. Any party may designate
documents as CONFIDENTIAL upon making a good faith
determination that the documents contain information
protected from disclosure by statute or that should be
protected from disclosure as confidential personal
information, medical or psychiatric information, trade
secrets, personnel records, competitively sensitive business
or technical information, proprietary business methods or
practices, and/or such other sensitive commercial information
that is not publicly available. Public records and other
information or documents that are publicly available may not
be designated as CONFIDENTIAL.
CONFIDENTIAL-ATTORNEYS EYES ONLY. Any party
may designate documents that meet the requirements of ¶
3(a) as CONFIDENTIAL-ATTORNEYS EYES ONLY upon making a good
faith determination that the disclosure of the documents to
another party or non-party would create a heightened risk of
harm to the competitive, commercial, financial, or business
position of the disclosing party.
Protection of Confidential Material.
General Protections. Documents designated
CONFIDENTIAL shall not be used or disclosed by the parties,
counsel for the parties, or any other persons identified in
¶ 4(b) for any purpose whatsoever other than to prepare
for and to conduct discovery and trial in this action,
including any appeal thereof.
Limited Third-Party Disclosures - CONFIDENTIAL
Documents. The parties and counsel for the parties
shall not disclose or permit the disclosure of any
CONFIDENTIAL documents to any third persons except the
following categories of persons:
(1) Parties. Named parties in this
litigation, and their officers, directors, or employees
assisting in the preparation and trial of this action or
(2) Counsel. Counsel for the parties, and
employees and agents of counsel who have responsibility for
the preparation and trial of the action;
(3) Court. The Court, its officers, and
court reporters providing stenographic or video services ...