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Ag Resource Management, L.L.C. v. Southern Bank

United States District Court, E.D. Arkansas, Jonesboro Division

May 19, 2017

AG RESOURCE MANAGEMENT, L.L.C. PLAINTIFF
v.
SOUTHERN BANK DEFENDANT SOUTHERN BANK THIRD PARTY PLAINTIFF
v.
B.C. FARMS LLC and BODDY G. CLAUSE DEFENDANT THIRD PARTY

          Harry S. Hurst, Jr., Parker Hurst & Burnett PLC Counsel for Plaintiff

          Jason C. Smith, SPENCER FANE LLP Attorneys for Defendant

          STIPULATED PROTECTIVE ORDER

         Ag Resource Management, L.L.C. ("AG") has served a subpoena on Riceland Foods, Inc. ("Riceland"), a non-party to this action, requiring the production of documents, electronically stored information, or tangible things pursuant to Rule 45 (a)(1)(D). AG has requested "copies of all checks (front and back) issued by Riceland Foods, Inc., during 2014, 2015 and 2016 which were payable to Southern Bank as a joint payee and lien holder." Riceland desires to protect customer information by safeguarding their identities, account numbers, and banking information in connection with the document production. The Court is advised that AG and Riceland have reached an agreement to protect the customer information, and the parties hereto have consented to the entry of this stipulated protective order in furtherance of their compromise. Upon consideration of the pleadings, agreement of the parties and other evidence and proof, the Court finds and orders as follows:

         1. Scope. With respect to the documents and materials to be produced by Riceland, the information related to customer identity, customer account numbers, customer banking information, and the amount of such checks are subject to this Order, and shall constitute "Confidential Information" as set forth below. As there is a presumption in favor of open and public judicial proceedings in the federal courts, this Order will be strictly construed in favor of public disclosure and open proceedings wherever possible.

         2. Protected Information. The documents and materials produced by Riceland must be used or disclosed solely for purposes of prosecuting or defending this lawsuit, including any appeals. Except with the prior written consent of Riceland or by order of the court, the Confidential Information may only be disclosed to the following persons (unless the precautions set forth section 4 of this Order are implemented):

a. The parties to this litigation, including any employees, agents, and representatives of the parties
b. Counsel for the parties and employees and agents of counsel;
c. The Court and court personnel, including any special master appointed by the court, and members of the jury;
d. Court reporters, recorders, and videographers engaged for depositions;
e. Any mediator appointed by the court or jointly selected by the parties;
f. Any expert witness, outside consultant, or investigator retained specifically in connection with this litigation, but only after such persons have completed the certification contained in Attachment A, Acknowledgment and Agreement to be Bound;
g. Any potential, anticipated, or actual fact witness and his or her counsel, but only to the extent such confidential documents or information will assist the witness in recalling, relating, or explaining facts or in testifying, and only after such persons have completed the certification contained in Attachment A;
h. The author or recipient of the document (not including a person who received the document in the course of the litigation);
i. Independent providers of document reproduction, electronic discovery, or other litigation services retained or employed specifically in ...

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