Noel v. Liberty Bank of Arkansas

Filing 73

ORDER denying 62 Sealed Motion for contempt; denying 72 Sealed Motion for Leave to File a reply brief. Stephens Inc will provide the information requested in item No. 3 of the 6/6/2011 subpoena w/i 3 days from the entry of this Order. Failure to comply may result in sanctions. Signed by Chief Judge J. Leon Holmes on 5/16/2012. (jct)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
JONESBORO DIVISION
VIRGINIA MCKEE NOEL
v.

PLAINTIFF
No. 3:10CV00107 JLH

LIBERTY BANK OF ARKANSAS

DEFENDANT
ORDER

Virginia McKee Noel has filed a motion to show cause as to why Stephens Inc. should not
be held in contempt of court for failure to comply with the Court’s discovery order announced from
the bench during a lengthy hearing on March 16, 2012. The present dispute relates to one item as
to which the Court previously denied Stephens Inc.’s motion for protective order. That item was
item No. 3 of a June 6, 2011, subpoena. Item No. 3 requested a copy of the March 2009 account
statement for a particular account. The Court ordered that it be produced on the grounds that it
related to the family trust and went into the living trust. Stephens Inc. declined to produce that
account statement, however, saying that the account is a personal account of Sanders McKee.
If the Court was incorrect in its characterization of the account at issue, the time to make that
known was at the hearing. The Court will not reconsider these issues at this point. The Court
conducted a lengthy hearing and gave everyone ample opportunity to be heard on every issue. The
order stands as it was delivered at the conclusion of the hearing. Stephens Inc. will therefore provide
the information requested in item No. 3 of the subpoena dated June 6, 2011, and will do so within
three days from the entry of this order. Failure to comply may result in sanctions.
The motion for contempt is DENIED. Document #62. The motion for leave to file a reply
brief is DENIED. Document #72.

IT IS SO ORDERED this 16th day of May, 2012.

J. LEON HOLMES
UNITED STATES DISTRICT JUDGE

2