Arch Bay Holdings, LLC - Series 2009B v. Connor et al

Filing 19

PROTECTIVE ORDER. Granting 18 MOTION for Protective Order filed by United States of America. Signed by Magistrate Judge Donald G. Wilkerson on 4/19/2011. (hbs)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
ARCH BAY HOLDINGS, LLC – SERIES
2009B,

)
)
)
Plaintiff,
)
)
v.
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LINDA R. CONNOR, GEORGE A. COLLINS )
& SONS, INC., UNITED STATES OF
)
AMERICA, EUGENE CONNOR,
)
UNKNOWN HEIRS AND LEGATEES OF
)
LINDA R. CONNOR, UNKNOWN OWNERS, )
and NON-RECORD CLAIMANTS,
)
)
)
Defendants.

Case No. 3:10-cv-859-MJR-DGW

PROTECTIVE ORDER
Now pending before the Court is a Motion for Protective Order filed by Defendant United
States of America on March 23, 2011 (Doc. 18). That motion is GRANTED.
Defendant asserts that Plaintiff has failed or refused to provide written documents,
including payment history, related to the loan at issue in the case. Defendant further asserts that
Plaintiff’s failure to disclose such information is based, in part, upon provisions of the Fair Debt
Collection Practices Act, 15 U.S.C. § 1692 et seq., which Plaintiff believes protects the disclosure
of such information absent a court order. The Government now seeks a protective order pursuant
to those provisions to protect the confidentiality of any such information disclosed by the Plaintiff.
The Government stipulates that the information will be kept confidential and will not be revealed
to any third party without further order of the Court. The time during which the Plaintiff could
have responded in opposition to the motion has passed. Plaintiff filed no response or objection.
The Court finds that good cause exists for issuance of an order permitting limited
disclosure of such information, and that entry of this order is appropriate pursuant to Federal Rule

of Civil Procedure 26(c).
Accordingly, it is HEREBY STIPULATED AND ORDERED:
1. that all documentation alleged by the Plaintiff to be subject to the provisions of the Fair
Debt Collection Practices Act, 15 U.S.C. §1692 et seq., relating to the loan underlying this
cause, shall be produced by Plaintiff pursuant to its discovery obligations to the attorneys
of record in this litigation upon request of said attorneys;
2. that all attorneys of record shall keep confidential the financial information produced and
shall not disclose any of the information to third parties without the permission of the
opposing parties or the Court;
3. that disclosure of all such information shall be used for the sole purpose of preparing for or
conducting this litigation, including, but not limited to investigation, consultation,
discovery, depositions, trial preparation, trial, appeal, resolution, mediation, or uses
incidental to the proceedings in the case and shall not be disclosed or revealed to anyone
not authorized by this order;
4. that protected information may be disclosed without further notice to the party or the
party’s attorney, to:
a. the parties themselves, the parties’ attorneys, experts, consultants, witnesses or
other person retained or called by the parties, other entities from whom damages,
compensation, or indemnity is sought, court reporters, copy services, other similar
vendors to the parties and their attorneys, as well as the professional and support
staff of all of the above; and
b. the parties, and each entity governed by this order shall either (a) destroy, or (b)
return to the entity who originally produced it, all protected information, including
all copies made, provided, however, that said protected information may be
retained in the files of the entities listed in paragraph (a) above and may be
destroyed pursuant to their regular file retention policies so long as the protected
information is maintained in a secure environment; and
5. that no party shall file under seal in the Court’s electronic case filing system any document
without leave of Court and without the Court’s express determination that good cause
exists for sealing of the specific documents in the record.
IT IS SO ORDERED.
DATED: April 19, 2011
DONALD G. WILKERSON
United States Magistrate Judge
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