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ANB Bank v. Jmk Properties, L.L.C.

United States District Court, D. Kansas

September 11, 2017

ANB BANK, Plaintiff,
v.
JMK PROPERTIES, L.L.C., et al., Defendants.

          Vincent F. O'Flaherty, Carrie Josserand, Emanuel Cleaver II Blvd. Attorney for Defendant

          Carrie Josserand, John T. Coghla Attorneys for Plaintiff

          THOMAS E. BEALL Attorneys for SBA

          K. GARY SEBELIUS U.S. MAGISTRATE JUDGE

          PROTECTIVE ORDER

         The 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.

         Defendant 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.

         Defendants 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.

         For 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:

         1. Scope.

         All 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.

         2. Definition of Confidential Information.

         As used 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 ...

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