Gilliland v. Contract Land Staff, LLC et al

OCR transcription for search; preserved printed pages are authoritative

AUTHENTICATED
U.S. GOVERNMENT
INFORMATION

GPO

Case 1:17-cv-00191-CSM Document 22 Filed 06/05/18 Page 1 of 6

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NORTH DAKOTA

WESTERN DIVISION
)
DANIEL GILLILAND, »)
) Case No. 1:17-cv-00191-DLH-CSM
Plaintiff, )
) STIPULATED ORDER
v. ) REGARDING CONFIDENTIALITY
} OF DISCOVERY MATERIAL
CONTRACT LAND STAFF, LLC, et ai, )
)
Defendants. ,)
)

Whereas, the patties have stipulated that certain discovery material be treated as

confidential;

Accordingly, it is this 5th day of _ Jyne , 2018, by the United States
District Court for the District of North Dakota, Western Division, ORDERED;
Designation of Discovery Materials as Confidential. All documents produced in

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the course of discovery, all Answets to Interrogatories, all Answers to Requests

for Admission, all Responses to Requests for Production of Documents, and all

deposition. testimony and deposition exhibits shall be subject to this Order

concerning confidential information, as set forth below:

(a)

The designation of confidential information shall be made by placing or
affixing on the document, in a manner which will not interfere with its
legibility, the word “CONFIDENTIAL.” One who provides material may
designate it as “CONFIDENTIAL” only when such person in good faith
believes it contains sensitive personal information, confidential personnel
information of individuals not party to this litigation, trade secrets or other

confidential research, development, business proprietary, or commercial

- information which is in fact confidential. A party shall not routinely

designate material as “CONFIDENTIAL,” or make such a designation
without reasonable inquiry to determine whether it qualifies for such
designation. Except for documents produced for inspection at the party’s

facilities, the designation of confidential information shall be made prior

sree mente arte At SOE we oe

Case 1:17-cv-00191-CSM Document 22 Filed 06/05/18 Page 2 of 6

(b)

(c)

(d)

to, of contemporaneously with, the production or disclosure of that
information. In the event that documents are produced for inspection at
the party’s facilities, such documents may be produced for inspection
before being marked confidential. Once specific documents have been
designated for copying, any documents containing confidential
information will then be marked confidential after copying but before
delivery to the party who inspected and designated the documents. There
will be no waiver of confidentiality by the inspection of confidential
documents before they are copied and marked confidential pursuant to this
procedure.
Portions of depositions of a party’s present and former officers, directors,
employees, agents, experts, and representatives shail be deemed
confidential only if they are designated as such when the deposition is
taken or within seven business days after receipt of the transcript. Any
testimony which describes a document which has been designated as
“CONFIDENTIAL,” as described above, shall also be deemed to be
desipnated as “CONFIDENTIAL,”
Information or documents designated as confidential under this Order
shall not be used or disclosed by the parties or counsel for the parties or
any persons identified in subparagraph (d) below for any purposes
whatsoever other than preparing for and conducting the litigation in which
the information or documents were disclosed Gncluding appeals).
The parties and counsel for the parties shall not disclose or permit the
disclosure of any documents or information designated as confidential
under this Order to any other person or entity, except that disclosures may
be made in the following circumstances:
(i) Disclosure may be made to counsel and employees of counsel for
the parties who have direct functional responsibility for the
pteparation and trial of the lawsuit, Any such employee to whom

couttsel for the parties makes a disclosure shall be provided with a

2

Pb enaens meee ce pene

Case 1:17-cv-00191-CSM Document 22 Filed 06/05/18 Page 3 of 6

()

9)

(i)

(tii)

(iv)

copy of, and become subject to, the provisions of this Order
requiring that the documents and information be held in
confidence.

Disclosure may be made only to employees of a party required in
good faith to provide assistance in the conduct of the litigation in
which the information was disclosed.

Disclosure may be made fo court reporters engaged for depositions
and those persons, if any, specifically engaged for the limited
purpose of making photocopies of documents. Prior to disclosure
to any such court reporter or person engaged in making
photocopies of documents, such person must agree to be bound by
the terms of this Order,

Disclosure may be made to consultants, investigators, or experts
(hereinafter referred to collectively as “experts”) employed by the
parties or counsel for the parties to assist in the preparation and
trial of the lawsuit. Prior to disclosure to any expert, the expert
must be informed of and agree in writing to be subject to the
provisions of this Order requiring that the documents and

information be held in confidence.

Except as provided in subparagraph (d) above, counsel for the parties shall

keep all documents designated as confidential which are received under

this Order secure within their exclusive possession and shall take

reasonable efforts to place such documents in a secure area,

All copies, duplicates, extracts, summaries, or descriptions (hereinafter

referred to collectively as “copies”) of documents or information

designated as confidential under this Order or any portion thereof shall be
immediately affixed with the word “CONFIDENTIAL” if that word does
not already appear,

2. Confidential Information Filed with Court. To the extent that any materials

subject to this Confidentiality Order (or any pleading, motion, or memorandum

3

Case 1:17-cv-00191-CSM Document 22 Filed 06/05/18 Page 4 of 6

disclosing them) are proposed to be filed or are filed with the Court, those

matetials and papers, or any portion thereof which discloses confidential

information, shall be filed under seal (by the filing party) with the Clerk of the

Court with a simultaneous motion pursuant to the Court’s Local Rules

(hereinafter the “Interim Sealing Motion”), in accordance with the current version

of the Court’s Electronic Filing Requirements and Procedures for Civil Cases.

The Interim Sealing Motion shall be governed by the Local Rules. Even if the -
filing party believes that the materials subject to the Confidentiality Order are not

properly classified as confidential, the filing party shall file the Interim Sealing

Motion; provided, however, that the filing of the Interim Sealing Motion shall be

wholly without prejudice to the filing party’s rights under paragraph (4) of this

Confidentiality Order,

Party Seeking Greater Protection Must Obtain Further Order. No information

may be withheld from discovery on the ground that the material to be disclosed

requires protection greater than that afforded by paragraph (1) of this Order unless

the paity claiming a nced for greater protection moves for an order providing such

special protection pursuant to FED. R, Crv, P. 26(c),

Challenging Designation of Confidentiality. A designation of confidentiality may

be challenged upon motion. The burden of proving the confidentiality of
designated information remains with the party asserting such confidentiality. The

provisions of Fep. R. Civ, P. 37(a)(5) apply to such motions.

Return of Confidential Material at Conclusion of Litigation. At the conclusion of
the litigation, all material treated as confidential under this Order and not received

in evidence shall be returned to the originating party. If the parties so stipulate,

the material may be destroyed instead of being returned, The Clerk of the Court

may return to counsel for the parties, or destroy, any sealed material at the end of

the litigation, including any appeals.

Ars tenner banned teanenncerte Kraan Siteemmrel

Case 1:17-cv-00191-CSM Document 22 Filed 06/05/18 Page 5 of 6

rane

Leo FY, Wilking (ND #03629)
WILKING LAW FIRM, PLLC
P.O. Box 3085

Fargo, N.D. 58108-3085
Telephone: (701) 356-6823

Fax: (701) 478-621
lwilking@wilkinglaw.com

ATTORNEY FOR PLAINTIFF

yf Pe

2a hary/B. Rethhm (ND #05904)
PEARCE DURICK PLLC
31 Thayer Avenue
Bismarck, NLD, 58502
Telephone: (701) 223-2890

Fax: (701) 223-7865
zep@pearce-durick.com

ATTORNEY FOR DEFENDANT
CONTRACT LAND STAFF LLC

An stinyaee € peach

Amy Miller*

Meagan E, Roach*

BUCHANAN, INGERSOLL & ROONEY PC
1700 K Street, N.W,
Washington, D.C. 20006-3807

Tel: (202) 452-7935

Fax: (202) 452-7989

amy. miller@bipe.com
meagan.roach@bipe.com

*4dmitted to practice in this Court

ATTORNEYS FOR DEFENDANT NORTH DAKOTA

PIPELINE COMPANY LLC

Case 1:17-cv-00191-CSM Document 22 Filed 06/05/18 Page 6 of 6

Case 1:17-cv-00191-CSM Document 21 Filed 05/29/18 Page 6 of 6

UNITED STATES MAGISTRATE JUDGE FOR THE
DISTRICT OF NORTH DAKOTA

CC Mt lew c. 77, Te, rt.

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