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Propst Properties, LLC v. Mohammad

United States District Court, E.D. Arkansas

November 9, 2018

PROPST PROPERTIES, LLC PLAINTIFF
v.
RASOOL MOHAMMAD; SELECT SANDS CORPORATION; SELECT SANDS AMERICA CORPORATION; WESTBROOK WILLOW, LLC; and ZIGURDS VITOLS DEFENDANTS

          QUATTLEBAUM, GROOMS & TULL PLLC Michael N. Shannon, Joseph W. Price, II, Thomas H. Wyatt, Attorneys for Plaintiff Propst Properties, LLC.

          GILL RAGON OWEN, P.A. Little Rock, Dylan H. Potts, Wm. David Duke, Danielle M. Whitehouse, Attorneys for Defendants Zigurds Vitols and Westbrook Willow, LLC.

          MITCHELL, WILLIAMS, SELIG, GATES & WOODYARD, P.L.L.C. Little Rock, John Keeling Baker, Attorneys for Defendants Select Sands Corporation, Select Sands America Corporation, and Rasool Mohammad.

          AGREED PROTECTIVE ORDER

          HON. D.P. MARSHALL JR. UNITED STATES DISTRICT JUDGE.

         All Parties (the "Parties") intheabove-captioned action (the "Action"), through their undersigned attorneys, have represented to the Court and the Court finds that:

A. Prior to the July 20, 2018 Amended Complaint filed by Plaintiff, Plaintiff and Westbrook Willow, LLC anticipated the need for discovery in the action, including the production and disclosure of documents, data, and other materials and information, the answering of interrogatories and requests for admission, and the taking of testimony by oral deposition from each other and from third persons and they secured from the Pulaski County Court entry of a Protective Order on January 19, 2018 ("State Court Order");
B. Prior to the removal of this action to this Court, Plaintiff and Westbrook Willow, LLC exchanged Discovery Material that was marked as Confidential and filed redacted papers with the Clerk, all in accordance with the State Court Order;
C. Some information sought to be produced by the Parties during discovery likely will represent or contain personal health information or confidential research, development, financial, technical, or commercial information including policies and procedures developed for a particular party to this case within the scope and meaning of Fed.R.Civ.P. 26(c)(1)(G); and
D. The need for prompt and orderly discovery in this proceeding may make it impossible or impracticable for the Parties to ensure that their rights under Fed.R.Civ.P. 26(c)(1)(G) are fully protected at the time that discovery material is produced or disclosed absent an Order from the Court to protect the confidentiality of the materials and information likely to be produced in this Action.

         In support of this Order, the Court finds:

         1. Discovery Material. "Discovery Material, "as used herein, shall refer to:

(a) all deposition or transcribed hearing testimony of the Parties; however, the marking of deposition testimony as "CONFIDENTIAL" shall be limited to areas that specifically quote or discuss areas of "CONFIDENTIAL" testimony or that include the marking of exhibits that are "CONFIDENTIAL;"
(b) all documents and other discovery materials produced by any Party (i) in response to any discovery request or initial disclosure requirement, (ii) pursuant to any Order of the Court, or (iii) pursuant to any agreement of the Parties;
(c) all deposition or transcribed hearing testimony of any person or entity that is not a party to the Action; and,
(d) all documents or other information submitted or produced by any Non-Party (i) in response to any subpoena issued in connection with or arising from this Action, (ii) pursuant to any Order of the Court, or (iii) pursuant to any agreement with the Parties, or with any Party, in the Action.

         2. Scope. All Discovery Material disclosed by the Parties and by any non-parties to the Action shall be handled by the Parties in accordance with this Agreed Protective Order (the "Order"). This Order does not affect the rights of the Party producing or disclosing Discovery ...


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