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Cell Energy, LLC v. Devon Energy Production Company, L.P.

United States District Court, D. New Mexico

December 14, 2016

CELL ENERGY, LLC, Plaintiff/Counter Defendant,
v.
DEVON ENERGY PRODUCTION COMPANY, L.P., Defendant/Counter Claimant.

          Andrew J. Cloutier Lucas M. Williams HINKLE SHANOR LLP Attorneys for Devon Energy Production Co., L.P

          Robert A. (Andy) Aycock Field, Manning, Stone, Hawthorne & Aycock, P.C. Attorneys for Cell Energy, LLC

          AGREED CONFIDENTIALITY AND PROTECTIVE ORDER

          LOURDES A. MARTÍNEZ, UNITED STATES MAGISTRATE JUDGE

         THIS MATTER is before the Court on Plaintiff's Motion for Protective Order (Doc. 50), filed November 14, 2016, and the parties' Notice to the Court (Doc. 56), filed December 12, 2016, stating that the parties have agreed to the entry of this protective order. Having considered the motion and the parties' Agreed Confidentiality and Protective Order, it is hereby ORDERED that:

         1. Counsel for the producing party may designate any documents or things produced in the course of this Lawsuit as confidential when such party, or counsel for such party, in good faith believes that such document or material is a Confidential Document or contains Confidential Information.

         2. The terms “Confidential Information” and/or “Confidential Document” are defined as: “Confidential, financial or proprietary information or trade secrets of a party or non-party, not otherwise subject to public disclosure or generally available to the public, including all documents, transcripts, and other information marked or designated as ‘Confidential, ' and that pertain to confidential, financial and/or proprietary information or related information or documents.”

         3. Under this Order, any and all of Cell Energy's business records pertaining to the payment of its employees and its financial records are considered CONFIDENTIAL. The designation of Produced Material as “CONFIDENTIAL” is otherwise not a concession, admission, or representation by either the producing or receiving party that such material, or any information contained therein, is in fact a trade secret or confidential information under Texas law. The designation of “CONFIDENTIAL” may not be used against either party in any proceeding.

         4. The parties shall so designate a document or thing by marking it “CONFIDENTIAL.” Documents produced in native electronic format will not have a physical stamp and will be designated as confidential by prepending “CONF” to the original file name prior to producing or furnishing the electronic document or file.

         5. In the event any electronic document or file designated “CONFIDENTIAL” is produced in native electronic format and a party subsequently prints the electronic document or file, it shall be the responsibility of the party who prints the document or file to affix the appropriate stamp to the printed document or file before disclosing to persons qualified under this Order.

         6. For non-written material, such as recordings, magnetic media, floppy disks, CD-ROMs, photographs, and other tangible items, the producing party shall attach a marking that prominently displays the word “CONFIDENTIAL” to the material or to a container for that material, in any suitable manner.

         7. No document shall be designated as confidential if it can be reasonably determined, from the face of the document, that the document has been distributed to persons not obligated to maintain the confidentiality of the information contained therein.

         8. With the exception of the Court and Court employees, no Confidential Information produced in this action shall be disclosed in any manner except to: (1) the attorneys of record in this case; (2) employees and contract workers engaged in the preparation for the trial of this action, including paralegal and clerical staff; (3) consultants or experts retained by or on behalf of any Party to whom disclosure is necessary for the preparation of this action for trial; (4) a witness whose testimony is being taken either during deposition or at trial; and (5) as evidence in a trial or hearing in this action. No copies of any “Confidential Information” shall be made or delivered to any other person, firm or corporation.

         9. Confidential Information shall be used solely for the purpose of conducting this action and not for any other purpose whatsoever. Counsel of record in this case shall advise their consultants, paralegal, computer, secretarial, clerical, and other employees and contract workers of the requirements imposed by this Order.

         10. Any person receiving a document or thing designated “CONFIDENTIAL” shall not disclose, disseminate, divulge or discuss such information to or with any other person who is not entitled to receive such information under this Order. Any copies made of Confidential Documents or Confidential Information are also confidential. With the exception of the Court and Court employees, any person who is given access to the ...


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