Case KJC Doc 5 Filed 09/16/16 Page 1 of 4 IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE

Transcription

1 Case KJC Doc 5 Filed 09/16/16 Page 1 of 4 IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE IN RE: RYCKMAN CREEK RESOURCES, LLC, et al., DEBTORS. ANADARKO ENERGY SERVICES COMPANY, v. PLAINTIFF, RYCKMAN CREEK RESOURCES, LLC, DEFENDANT. Chapter 11 Case No (KJC) (Joint Administered) Adv. Proc. No MOTION FOR ENTRY OF ORDER AUTHORIZING ANADARKO ENERGY SERVICES COMPANY TO FILE AN UNREDACTED COPY OF ANADARKO S ORIGINAL COMPLAINT FOR DECLARATORY RELIEF AND EXHIBIT A TO THE SAME UNDER SEAL Anadarko Energy Services Company ( Anadarko ), by and through its undersigned counsel, moves this Court (the Seal Motion ) for entry of an order, substantially in the form attached as Exhibit A, authorizing Anadarko to file an unredacted copy of Plaintiff Anadarko Energy Services Company s Original Complaint for Declaratory Relief (the Complaint ) and Exhibit A to the same under seal, pursuant to Bankruptcy Code sections 105(a) and 107, Rule 9018 of the Federal Rules of Bankruptcy Procedure, and Rule of the Local Rules of Bankruptcy Practice and Procedure of the United States Bankruptcy Court for the District of Delaware. In support of the Seal Motion, Anadarko respectfully states as follows: I. JURISDICTION AND VENUE 1. The Court has jurisdiction over this matter under 28 U.S.C This is a core { ;v1 }

2 Case KJC Doc 5 Filed 09/16/16 Page 2 of 4 proceeding under 28 U.S.C. 157(b)(2)(G). Venue is proper under 28 U.S.C and The statutory predicate for the requested relief is Bankruptcy Code section 362, Federal Rule of Bankruptcy Procedure 4001(a)(1) & (3) and Local Bankruptcy Rule Pursuant to Local Bankruptcy Rule (f), Anadarko consents to the entry of a final judgment or order by the Court solely with respect to the Seal Motion if it is determined that this Court, absent consent of the parties, could not enter final orders or judgments consistent with Article III of the United States Constitution. II. REQUEST TO SEAL UNREDACTED COMPLAINT AND EXHIBIT A 4. Bankruptcy Code section 107(b) authorizes this Court to issue orders that will protect entities from potential harm that may result from the disclosure of certain information. Specifically, section 107(b) provides, in relevant part: 11 U.S.C. 107(b). (b) On request of a party in interest, the bankruptcy court shall... (1) protect an entity with respect to a trade secret or confidential research, development, or commercial information; or (2) protect a person with respect to scandalous or defamatory matter contained in a paper filed in a case under this title. 5. Unlike its counterpart in Rule 26(c) of the Federal Rules of Civil Procedure, section 107(b) does not require an entity seeking protection thereunder to demonstrate good cause. See, e.g., Video Software Dealers Ass n v. Orion Pictures Corp. (In re Orion Pictures Corp.), 21 F.3d 24, 28 (2d Cir. 1994); Phar-Mor, Inc. v. Defendants Named Under Seal (In re Phar-Mor, Inc.), 191 B.R. 675, 679 (Bankr. N.D. Ohio 1995). Instead, the movant need only demonstrate that the material to be protected satisfies a category identified in section 107(b). 6. Bankruptcy Rule 9018 further provides, in relevant part, that the court may make { ;v1 } - 2 -

3 Case KJC Doc 5 Filed 09/16/16 Page 3 of 4 any order which justice requires (1) to protect the estate or any entity in respect of a trade secret or other confidential research, development, or commercial information, [or] (2) to protect any entity against scandalous or defamatory matter contained in any paper filed in a case under the Code. FED. R. BANKR. P Contemporaneously with this Seal Motion, Anadarko filed a redacted version of its Complaint. The Complaint includes quotations from a May 3, 2011 Firm Storage and Precedent Agreement (the Precedent Agreement ) and further attaches the Precedent Agreement as Exhibit A to the Complaint. 8. The Precedent Agreement includes confidential and commercially sensitive information and further contains a confidentiality provision. 1 Accordingly, Anadarko respectfully requests this Court to permit Anadarko to submit under seal the unredacted Complaint and Exhibit A to the Complaint and file a redacted version of the Complaint to protect the confidential and commercially sensitive information contained in the Precedent Agreement. PRAYER 9. WHEREFORE, Anadarko respectfully requests the Court to enter an order, substantially in the form attached as Exhibit A, granting the relief requested herein and awarding such other and further relief as the Court may deem just and proper. 1 Precedent Agreement at Art. 13. { ;v1 } - 3 -

4 Case KJC Doc 5 Filed 09/16/16 Page 4 of 4 Dated: September 16, 2016 Respectfully submitted, ASHBY & GEDDES /s/ Gregory A. Taylor Gregory A. Taylor (No. 4008) Karen B. Skomorucha Owens (No. 4759) 500 Delaware Avenue, 8th Floor P.O. Box 1150 Wilmington, DE Telephone: (302) Facsimile: (302) gtaylor@ashby-geddes.com kowens@ashby-geddes.com -and- NORTON ROSE FULBRIGHT US LLP William R. Greendyke (Texas Bar No ) Bob B. Bruner (Texas Bar No ) Fulbright Tower 1301 McKinney, Suite 5100 Houston, TX Telephone: (713) Facsimile: (713) william.greendyke@nortonrosefulbright.com bob.bruner@nortonrosefulbright.com COUNSEL FOR ANADARKO ENERGY SERVICES COMPANY { ;v1 } - 4 -

5 Case KJC Doc 5-1 Filed 09/16/16 Page 1 of 3 EXHIBIT A (Proposed Order) { ;v1 }

6 Case KJC Doc 5-1 Filed 09/16/16 Page 2 of 3 IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE IN RE: RYCKMAN CREEK RESOURCES, LLC, et al., DEBTORS. ANADARKO ENERGY SERVICES COMPANY, v. PLAINTIFF, RYCKMAN CREEK RESOURCES, LLC, DEFENDANT. Chapter 11 Case No (KJC) (Joint Administered) Adv. Proc. No Related Docket No. ORDER APPROVING MOTION FOR ENTRY OF ORDER AUTHORIZING ANADARKO ENERGY SERVICES COMPANY TO FILE AN UNREDACTED COPY OF ANADARKO S ORIGINAL COMPLAINT FOR DECLARATORY RELIEF AND EXHIBIT A TO THE SAME UNDER SEAL Upon consideration of Anadarko Energy Services Company s ( Anadarko ) Motion for Entry of Order Authorizing Anadarko Energy Services Company to file an Unredacted Copy of Anadarko s Original Complaint for Declaratory Relief and Exhibit A to the Same Under Seal (the Seal Motion ) and having determined that the Court has jurisdiction over this matter and constitutional authority to enter final orders regarding the Seal Motion, and after due deliberation and sufficient cause appearing therefore, the Court concludes that Anadarko has established sufficient cause for the relief requested; and due notice of the Seal Motion having been provided; and it appearing that no other or further notice of the Seal Motion need be provided; and the Court having determined that the relief sought in the Seal Motion is in the best interest of the estate and all parties in interest; and all of the proceedings before the Court; accordingly, the { ;v1 }

7 Case KJC Doc 5-1 Filed 09/16/16 Page 3 of 3 Court hereby GRANTS the Seal Motion. It is THEREFORE ORDERED that the Seal Motion is GRANTED; and it is further ORDERED that Anadarko is authorized to submit an unredacted version of the Complaint 1 and Exhibit A to the Complaint under seal; and it is further ORDERED that Anadarko is permitted to file a redacted version of the Complaint; and it is further ORDERED that the unredacted version of the Complaint and Exhibit A shall remain under seal until further order of this Court; and it is further ORDERED that this Court shall retain jurisdiction to interpret and enforce this Order. Dated:, 2016 Wilmington, Delaware THE HONORABLE KEVIN J. CAREY UNITED STATES BANKRUPTCY JUDGE 1 Capitalized terms not defined herein shall have the meaning set forth in Anadarko s Complaint. { ;v1 }

8 Case KJC Doc 5-2 Filed 09/16/16 Page 1 of 1 CERTIFICATE OF SERVICE I, Gregory A. Taylor, hereby certify that on September 16, 2016, I caused one copy of the foregoing document to be served upon the parties below via first class mail, postage prepaid. George N. Panagakis Skadden Arps Slate Meagher & Flom LLP 155 N. Wacker Drive Chicago, IL Sarah Pierce Skadden Arps Slate Meagher & Flom LLP One Rodney Square 920 N. King Street Wilmington, DE Richard L. Schepacarter Office of the United States Trustee 844 King Street, Suite 2207 Lockbox 35 Wilmington, DE /s/ Gregory A. Taylor Gregory A. Taylor (DE #4008) { ;v1 }