Opinion
No. 04-18-00129-CV
05-04-2018
Stanton P. BELL, et al., Appellants/Cross-Appellees, Appellants v. CHESAPEAKE EXPLORATION, LLC, Appellee/Cross-Appellant, Appellee
From the 224th Judicial District Court, Bexar County, Texas
Trial Court No. 2016CI22093
Honorable Cathleen M. Stryker, Judge Presiding
ORDER
In this permissive appeal, appellants have filed an unopposed motion asking this court to permit counsel for appellants and appellees access to the sealed portions of the clerk's record that was filed in this court. Accordingly to the motion, the documents under seal were sealed below pursuant to Rule 76a of the Texas Rules of Civil Procedure. See Tex. R. Civ. P. 76a. Although attorneys for both sides have copies of the documents within the sealed portion of the clerk's record, they do not have properly paginated copies of the documents for purposes of preparing their respective appellate briefs. Accordingly, appellants ask that we grant their motion seeking access "to the paginated copies of all documents" in the clerk's record that are designated "sealed," "confidential," "restricted," or "protected."
After review, we GRANT appellants' "Unopposed Emergency Motion for All Parties' Access to Seal Portions of Clerk's Record." We ORDER the clerk of this court to allow the attorneys for appellants Stanton P. Bell, et al. and the attorneys for appellee Chesapeake Exploration, LLC to access the entirety of the clerk's paginated record, including the portions of the clerk's record designated as "sealed," "confidential," "restricted," or "protected." Attorneys for appellants and attorneys for appellees may appear at the Fourth Court of Appeals and review the sealed record at the Fourth Court of Appeals. The attorneys should contact the Clerk of this court, Mr. Keith Hottle, to arrange an appropriate time for review of the sealed record. The attorneys are advised that they may not copy and portion or the sealed record or remove any portion of the sealed record from the premises of the Fourth Court of Appeals.
Additionally, in the event appellants or appellee reference the sealed record in their respective briefs, we ORDER that they (1) file their respective briefs in paper form only, (2) with a cover letter informing the Clerk of this court that the brief references the sealed record. See TEX. R. APP. P. 9.2(c)(3) (exception to electronic filing for documents under seal).
/s/_________
Marialyn Barnard, Justice
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 4th day of May, 2018.
/s/_________
KEITH E. HOTTLE,
Clerk of Court