Monday, July 16, 2012

Dillon v. Antero Resources – Court grants Motion for Confidentiality Order in discovery dispute.

On July 10th, the United States District Court for the Western District of Pennsylvania granted Defendant’s “Motion for a Confidentiality Order” (Motion). Dillon v. Antero Res., 2012 WL 2899710 (W.D. Pa. July 10, 2012). This action was brought by two families alleging damages to their property from nearby hydraulic fracturing. Defendant filed the Motion and Plaintiffs opposed it on the basis that Defendant did not shown good cause. The court held that the Motion would be granted. The court reasoned that the Motion was consistent with the Federal Rules of Civil Procedure requirement of being “just, speedy, and inexpensive” because it allows either side to call on the court to resolve a dispute between the two parties, places the burden of proof on the party asserting the need for confidentiality, and allows the court to ultimately decide if any information should be confidential or not. Because the court is the deciding authority, disputes can be quickly and efficiently settled. However, if the parties generate an unreasonable number of requests for judicial intervention the court will appoint someone to resolve discovery disputes at the shared expense of the parties, increasing costs for both parties.

Written by Joseph Negaard, Research Assistant
July 16, 2012
 Click here for the full Dillion opinion.

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