Pankey et al v. Western Arkansas Rock, Inc. et al

Filing 58

AGREED PROTECTIVE ORDER. Signed by Honorable Barry A. Bryant on February 12, 2014. (mll)

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IN THE UNITED STATES DISTRICT COURT &0
FOR THE WESTERN DISTRICT OF ARKANSAS
TEXARKANA DIVISION
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TERRELL PANKEY and SMITH COUNTY STONE, LLC

v.

NO.4:13-CV-4046-S0H

WESTERN ARKANSAS ROCK, INC.; AMELIA
MINERALS, LLC; DAVID J. POTTER; BILLY JOE
DUFFIELD; LARRY DUFFIELD; LUKE DUFFIELD;
and RANDY DUFFIELD

DEFENDANTS

AGREED PROTECTIVE ORDER

The Court has ordered that the parties agree to a protective order concerning
Plaintiffs' discovery requests submitted in this litigation regarding certain requested
financial records and customer records as described in the Court's Order dated
January 31,2014, Document No. 57, and from consideration thereof, and other matters
of record herein, the Court finds as follows:
1.

Pursuant to the Court's authority under Fed. R. Civ. P. 26(c), a protective

order should be issued with regard to the production of the certain financial records and
customer records as described in the Court's Order dated January 31, 2014, Document
No. 57, in connection with this litigation.
2.

The certain financial records and customer records as described in the

Court's Order dated January 31, 2014. Document No. 57. which are produced during
the discovery and litigation of this matter shall not be disclosed by Plaintiffs,
Defendants, their counselor representatives, or witnesses to any person other than

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counsel for the parties and their employees actively engaged in the conduct of this
litigation, any experts retained for the purpose of assisting counsel in trial preparation,
and witnesses who may testify in this action, provided that the individual for whom
disclosure is made is advised of this order prior to disclosure. The provisions of this
order shall not terminate at the conclusion of this action. Also, such disclosure shall be
made in a manner that the confidential information does not become a matter of public
record, unless Plaintiffs are granted authorization by this Court to allow the information
to become a matter of public record for the purpose of using such information in the
pursuit of litigation.
3. This Order does not constitute a finding that the confidential information is
relevant or otherwise admissible at trial. This Order does not constitute a finding that
Defendants have waived any objections to the authenticity, confidentiality, relevance or
other objections to admissibility of the files at trial: nor does it constitute a finding that
Defendants have waived any objections to the production of the same or similar
information which may be sought in other litigation or other proceedings.
4.

Within 120 days after final conclusion of all aspects of this litigation, all

confidential documents and all copies of the same shall be returned to Defendants and
a certificate made by Plaintiffs' counsel of compliance herewith and delivered to
Defendants' counsel.
IT IS SO ORDERED this

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Honor ble Barry A. B
U.S. Magistrate Judg

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PREPARED BY:
RANDY P. MURPHY, Bar No. 88046
TONY A. DICARLO, III, Bar No. 2006046
400 W. Capitol Avenue, Suite 2400
Uttle Rock, AR 72201-4851
Telephone: [phone]
Facsimile:
501-372-7706
E-Mail:
[e-mail]
E-Mail:
[e-mail]

lsi Tony A. DiCarlo, III
Co-Counsel for Billy Joe Duffield,
Larry Duffield, Randy Duffield,
and Amelia Minerals, LLC
AND
David A. Grace
HARDIN

& GRACE, P.A.

P.O. Box 5851
North Uttle Rock, Arkansas 72119
Co-Counsel for Billy Joe Duffield,
Larry Duffield, Randy Duffield,
and Amelia Minerals, LL C

APPROVED AS TO FORM:

lsi James S. Robertson. Jr.
James S. Robertson, Jr.

WILSON, ROBERTSON

& CORNELIUS,

P.C.

909 ESE Loop 323, Suite 400

P.O. Box 7339
Tyler, TX 75711-7339
Attorneys for Plaintiffs

lsI Joshua Potter
Joshua Potter
Jacob Potter
THE POTTER LAW FIRM

117 E. Broad St.
Texarkana, AR 71854
Attorneys for Western Arkansas Rock

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lsI Alex Streett
Alex Streett
James Streett
Robert Veach
STREETI LAW FIRM, P.A.

107 W. Main St.
Russellville, AR 72801
Attorneys for Luke Duffield

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