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CAUSE NO. 2017-48075
TOTAL PETROCHEMICALS & IN THE DISTRICT COURT
REFINING USA, INC., and
ACE PROPERTY & CASUALTY
INSURANCE COMPANY,
HARRIS COUNTY
KINDER MORGAN PETCOKE, LP
AND KINDER MORGAN
PETCOKE GP LLC 129th DISTRICT COURT
ORDER ON MOTION TO SEAL A COURT RECORD
After considering the parties’ Motion to Seal a Court Record and after considering the
arguments of counsel, the Court grants the Motion.
The Court makes the following findings and conclusions:
The Parties gave proper notice as required by Texas Rule of Civil Procedure 76a(3).
The Parties requested that the Court seal confidential settlement agreements executed in
Wanda Counts, Individually and as Representative of the Estate of Gary Counts, Deceased v.
TOTAL Petrochemicals and Refining USA. Inc., and Kinder Morgan, Inc.; Cause No. A-
197,516, in the 58th Judicial District Court of Jefferson County, Texas. Pursuant to Rule
76a, “references to any monetary consideration” in settlement agreements, which the parties
seek to keep confidential, are excluded from the definition of Court Records and may be
sealed independently of the requirements of Rule 76a and, in any event , Rule 76a is satisfied
with respect to these settlement agreements.
The Parties also requested that the Court seal the confidential Agreement to Fund a
Settlement of Claims and certain insurance policies issued to Kinder Morgan and TGS
that were designated as confidential pursuant to court order and related documents
identified in Exhibit A to this Order, as well as the reporter’s record of hearings at which
such confidential information was disclosed.
The Parties demonstrated a specific, serious, and substantial interest that clearly
outweighs the presumption of openness and any probably adverse effect the sealing will
have on the general public health or safety.
The Parties demonstrated that there are no less restrictive means than sealing the
document that will adequately and effectively protect its interest.
4837-9536-7831.1
6. The Court makes these findings and conclusions based on the fact that the documents
listed above contain sensitive information regarding confidential and proprietary business
information of the parties that they do not wish to be made public.
THEREFORE, the Court ORDERS that the documents identified as “sensitive”
documents in Exhibit A attached hereto, as well as the reporter’s record of hearings at which
such confidential information was disclosed, are under permanent seal of the Court and shall not
become public or be disclosed by any person, shall not be included in the public records of this
case, and shall not be otherwise disclosed or permitted to come into possession, control, or
knowledge of any person other than the attorneys of record for the parties in this case, the regular
staff of the parties’ attorneys, certified court reporters and their staffs, and the personnel of the
Court.
FURTHER, the Court ORDERS that all persons who gain possession of the record sealed
in accordance with this Order shall not disclose, transfer, or in any way allow the document
sealed in this Order to come into the possession of any other person at any time. Nothing in this
Order shall be construed as a limitation or restriction on either of the parties to this lawsuit, their
respective employees, officers, agents, authorized representatives, or attorneys, concerning the
use, possession, control or disclosure of the documents sealed by this Order.
FURTHER, the Court ORDERS the Clerk of the Court to take notice of this Order and to
institute procedures to ensure that personnel of the Court comply with the terms of this Order
including, but not limited to, marking the Court record sealed by this Order as being under seal
of the Court and subject to this Order.
The Court shall retain jurisdiction as provided by law, to enforce, alter, or vacate this
Order before or after judgment in this case.
4837-9536-7831.1 2
Any violation of this Order shall be a contempt of the Court.
SIGNED ____ day of January, 2021.
___________________________
Presiding Judge
4837-9536-7831.1 3
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CAUSE NO. 2017-48075 TOTAL PETROCHEMICALS & IN THE DISTRICT COURT REFINING USA, INC., and ACE PROPERTY & CASUALTY INSURANCE COMPANY, HARRIS COUNTY KINDER MORGAN PETCOKE, LP AND KINDER MORGAN PETCOKE GP LLC 129th DISTRICT COURT ORDER ON MOTION TO SEAL A COURT RECORD After considering the parties’ Motion to Seal a Court Record and after considering the arguments of counsel, the Court grants the Motion. The Court makes the following findings and conclusions: The Parties gave proper notice as required by Texas Rule of Civil Procedure 76a(3). The Parties requested that the Court seal confidential settlement agreements executed in Wanda Counts, Individually and as Representative of the Estate of Gary Counts, Deceased v. TOTAL Petrochemicals and Refining USA. Inc., and Kinder Morgan, Inc.; Cause No. A- 197,516, in the 58th Judicial District Court of Jefferson County, Texas. Pursuant to Rule 76a, “references to any monetary consideration” in settlement agreements, which the parties seek to keep confidential, are excluded from the definition of Court Records and may be sealed independently of the requirements of Rule 76a and, in any event , Rule 76a is satisfied with respect to these settlement agreements. The Parties also requested that the Court seal the confidential Agreement to Fund a Settlement of Claims and certain insurance policies issued to Kinder Morgan and TGS that were designated as confidential pursuant to court order and related documents identified in Exhibit A to this Order, as well as the reporter’s record of hearings at which such confidential information was disclosed. The Parties demonstrated a specific, serious, and substantial interest that clearly outweighs the presumption of openness and any probably adverse effect the sealing will have on the general public health or safety. The Parties demonstrated that there are no less restrictive means than sealing the document that will adequately and effectively protect its interest. 4837-9536-7831.1 6. The Court makes these findings and conclusions based on the fact that the documents listed above contain sensitive information regarding confidential and proprietary business information of the parties that they do not wish to be made public. THEREFORE, the Court ORDERS that the documents identified as “sensitive” documents in Exhibit A attached hereto, as well as the reporter’s record of hearings at which such confidential information was disclosed, are under permanent seal of the Court and shall not become public or be disclosed by any person, shall not be included in the public records of this case, and shall not be otherwise disclosed or permitted to come into possession, control, or knowledge of any person other than the attorneys of record for the parties in this case, the regular staff of the parties’ attorneys, certified court reporters and their staffs, and the personnel of the Court. FURTHER, the Court ORDERS that all persons who gain possession of the record sealed in accordance with this Order shall not disclose, transfer, or in any way allow the document sealed in this Order to come into the possession of any other person at any time. Nothing in this Order shall be construed as a limitation or restriction on either of the parties to this lawsuit, their respective employees, officers, agents, authorized representatives, or attorneys, concerning the use, possession, control or disclosure of the documents sealed by this Order. FURTHER, the Court ORDERS the Clerk of the Court to take notice of this Order and to institute procedures to ensure that personnel of the Court comply with the terms of this Order including, but not limited to, marking the Court record sealed by this Order as being under seal of the Court and subject to this Order. The Court shall retain jurisdiction as provided by law, to enforce, alter, or vacate this Order before or after judgment in this case. 4837-9536-7831.1 2 Any violation of this Order shall be a contempt of the Court. SIGNED ____ day of January, 2021. ___________________________ Presiding Judge 4837-9536-7831.1 3