United States District Court, D. Kansas
Vincent F. O'Flaherty, Carrie Josserand, Emanuel Cleaver
II Blvd. Attorney for Defendant
Josserand, John T. Coghla Attorneys for Plaintiff
E. BEALL Attorneys for SBA
GARY SEBELIUS U.S. MAGISTRATE JUDGE
parties agree that confidentiality of the financial
information of Defendants is appropriate in this case because
two of the Defendants and their law firm actively practice
before this Court. In order to protect from public access
said financial information, the parties agree that documents
already produced in Rule 26 disclosures and documents that
may be produced in the future that contain Confidential
Information (defined below) during the course of discovery
should be treated as confidential and subject to this order.
The parties jointly request entry of this proposed Protective
Order to limit the disclosure, dissemination, and use of
certain identified categories of confidential information.
JMK Properties, LLC (“JMK” or
“Borrower”) is a Missouri limited liability
company that owns the real estate at issue
(“Property”), a professional office building
located in Kansas City, Missouri. Defendants Brian
McCallister, Cynthia Short, and the McCallister Law Firm have
each executed and delivered Guaranties for the JMK's
obligations under the loan.
McCallister Law Firm, P.C., Brian McCallister, and Cynthia
Short are actively engaged in the practice of law, and public
dissemination of their financial dealings and information
without a protective order may adversely interfere and harm
the interests of their clients and themselves in matters
pending before the any court.
good cause shown under Fed.R.Civ.P. 26(c), the court grants
the parties' Joint Motion for Protective Order (ECF No.
25)] and hereby enters the following Protective Order:
documents and materials produced in the course of discovery
of this case, including initial disclosures, responses to
discovery requests, all deposition testimony and exhibits,
and information derived directly therefrom (hereinafter
collectively “documents”), are subject to this
Order concerning 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. Further, northing herein shall
prohibit Plaintiff ANB Bank and/or Defendant United States
Small Business Administration from using said Confidential
Information as part of their business in accordance with all
applicable privacy regulations.
Definition of Confidential Information.
in this Order, “Confidential Information” is
defined as any document produced by any party in their Rule
26 Disclosures except for those documents attached as
Exhibits to Plaintiff's Petition, Defendant's
Counterclaim and the Answer of any Defendant, as amended. The
parties also agree the following categories of documents will
be deemed confidential with respect to any documents produced
in discovery from the date of this order forward:
a) Financial Statements and Records of Defendants;
b) Loan applications of Defendants;
c) Financial projections and other proprietary business
records of Defendants;
d) Real estate appraisals of the subject property;
e) Credit Reports of Defendants; and
f) any other banking documentation relating to ...