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Rezac Livestock Commission Co., Inc. v. Pinnacle Bank

United States District Court, D. Kansas

September 1, 2017

PINNACLE BANK, et al., Defendants.

          BRYAN CAVE LLP Robert M. Thompson KS #14673 Michelle M. Masoner KS #18424 Stephanie C. Bradshaw KS #26716 Attorneys for Plaintiff.

          SPENCER FANE LLP Scott C. Sandberg, Thomas Hiatt, John O'Brien Admitted Pro Hac Vice Scott C. Sandberg Admitted Pro Hac Vice Attorney for Defendant Dinsdale Bros., Inc.

          GOODELL, STRATTON, EDMONDS & PALMER T. Randall Wright, Timothy A. Shultz T. Randall Wright Baird Holm LLP Attorneys for Pinnacle Bank.



         The Parties in this action agree, and it is hereby ordered, that this Protective Order shall govern the use and dissemination of all information, documents, or materials that are produced by the parties and designated as Confidential.

         The parties assert in support of their request that protection of confidential information is necessary because materials produced or information otherwise disclosed may contain private financial information, competitive information, personnel information or other kinds of commercially sensitive and personal information that the producing party, based on a good faith belief, asserts is subject to confidentiality protection under relevant law.

         1. Materials Deemed Confidential.

         If a party or an attorney for a party has a good faith belief that certain documents, transcripts, or other materials or information (including digital information) subject to disclosure pursuant to a discovery request or other request are confidential and should not be disclosed other than in connection with this action, the party or attorney shall mark each such document or other materials as “CONFIDENTIAL.” A party may designate as “CONFIDENTIAL” materials produced or disclosed by any other party or third party. Nothing in this section shall be construed as an agreement by the receiving party that any designation of material as “CONFIDENTIAL” is appropriate and nothing herein shall prevent a receiving party from challenging any such designation.

         2. Inadvertent Disclosure.

         The following procedures shall govern instances in which a party has inadvertently produced or disclosed materials for which any privilege or protection is claimed, including but not limited to the attorney-client privilege or work-product protection:

         a. The producing party must notify the receiving party promptly, in writing or on the record, upon discovery that a document has been inadvertently produced. Upon receiving written notice from the producing party that privileged and/or work-product material has been inadvertently produced, all such information, and all copies thereof, shall be returned to the producing party or destroyed within five business days of receipt of such notice and the receiving party shall not use such information for any purpose, until further order of the Court. The receiving party shall also attempt, in good faith, to retrieve and return or destroy all copies of the document in electronic format, and shall provide the producing party with written notice that all copies of the document have been returned or destroyed. If the receiving party intends to file a motion under paragraph 4(b), below, it may maintain a copy of the document for purposes of filing such a motion.

         b. If the receiving party, after notice of such inadvertent disclosure as set forth above in paragraph 4a, contests the privilege or work-product designation by the producing party, it shall file a motion to compel production of the document or information. The receiving party shall not assert the disclosure as a ground for compelling production unless it is asserted that any such privilege was knowingly and intentionally waived.

         c. The producing party retains the burden of establishing the privileged or protected nature of any document or information that is claimed as privileged or otherwise protected. Nothing in this paragraph shall limit the right of any party to petition the Court for an in camera review of such documents or information.

         d. Upon notification of inadvertent disclosure from the producing party, the receiving party shall place any analyses, memoranda, or notes which were internally generated based upon such inadvertently-produced information in sealed envelopes if in hard copy ...

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