United States District Court, D. North Dakota
Victor N. Browne Jr., Jimmie Breckenridge, Shane Ellinger, Gary Klein, Blake Schaat Roger Tofslie and Tracy Tofslie, Plaintiffs,
Cypress Energy Management, LLC, and Cypress Energy Management - Bakken Operations, LLC, Defendants.
F.J. Wilking Law Firm, PLLC Attorney for Plaintiffs
M. Sokolowski (MN Bar No. 0178366)* Eli K. Best (MN Bar No.
0395212)* FREDRIKSON & BYRON, P.A. Attorneys for
STIPULATED PROTECTIVE ORDER
Charles S. Miller, Jr., Magistrate Judge:
SCOPE AND IMPLEMENTATION OF THE PROTECTIVE
Stipulated Protective Order (“Protective Order”)
will govern the handling and dissemination of documents
stamped as CONFIDENTIAL and produced or disclosed in the
course of the above-captioned action (“Action”)
by Victor N. Browne Jr., Jimmie Breckenridge, Shane Ellinger,
Gary Klein, Blake Schaat, Roger Tofslie, Tracey Tofslie,
Cypress Energy Management, LLC, or Cypress Energy Management
- Bakken Operations, LLC (hereinafter collectively referred
to as “Parties”).
Confidential Information (as the term is hereafter defined)
produced formally or informally by the Parties contained in
deposition or trial testimony, answers to interrogatories, or
responses to requests for documents, including copies,
summaries and abstracts of the foregoing, (hereinafter
collectively referred to as the “Information”)
shall be used solely for the purpose of the above-captioned
litigation, and not in connection with any other litigation
or judicial proceeding or for any business, commercial,
competitive, personal or other purpose whatsoever. However,
nothing herein shall prohibit documents or deposition
testimony from being turned over to law enforcement agencies.
DESIGNATION OF CONFIDENTIAL INFORMATION
Confidential Information is information which a party
reasonably and in good faith would not normally reveal to
others unless such others would maintain it in confidence.
Before the production of the Documents and Information
containing Confidential Information, the party producing the
Documents and Information (“Producing Party”),
shall mark each page containing such Confidential Information
with a legend substantially in the following form:
“CONFIDENTIAL”. If any Confidential Information
is disclosed in deposition testimony, the party claiming
confidentiality shall notify the other parties of the portion
of the testimony for which such treatment is sought within 21
days after receipt of the transcript, and each page of the
transcript which contains Confidential Information shall be
marked with such a legend and delivered by the party claiming
confidentiality to all other parties within a reasonable time
period thereafter. Deposition transcripts shall be considered
Confidential Information in their entirety until the
expiration of the 21-day period.
regard to non-written materials, such as recordings, magnetic
media, photographs and things, containing Confidential
Information, the legend shall be affixed to the material, or
a container for it, at the time of production.
Excluding law enforcement, Confidential Information shall not
be given, shown, made available, or communicated in any way
to anyone other than those-persons described in Section III,
Paragraph 1, below.
DISCLOSURE OR USE OF CONFIDENTIAL
party to whom Confidential Information is produced
(“Receiving Party”), may disclose, summarize,
describe, reveal or otherwise make available the Confidential
Information, in whole or in part, only in accordance with the