Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Mills v. Billings

United States District Court, S.D. Mississippi, Northern Division

December 19, 2018

ALYSSON MILLS, IN HER CAPACITY AS RECEIVER FOR ARTHUR LAMAR ADAMS AND MADISON TIMBER PROPERTIES, LLC, Plaintiff,
v.
MICHAEL D. BILLINGS and MDB GROUP, LLC; TERRY WAYNE KELLY, JR. and KELLY MANAGEMENT, LLC; and WILLIAM B. MCHENRY, JR. and FIRST SOUTH INVESTMENTS, LLC, Defendants.

         Arising out of No. 3:18-cv-252, Securities and Exchange Commission v. Arthur Lamar Adams and Madison Timber Properties, LLC

          Brent B. Barriere, Primary Counsel Jason W. Burge Kristen D. Amond Rebekka C. Veith, FISHMAN HAYGOOD, Receiver's counsel LLP

          Frank W. Trapp Frank W. Trapp, MB #8261 4270 I-55 North Jackson, Mississippi Counsel for William McHenry and First South Investments

          STIPULATED PROTECTIVE ORDER

          CARLTON W. REEVES, UNITED STATES DISTRICT JUDGE

         On joint motion of Plaintiff, Alysson Mills, in her capacity as receiver for Arthur Lamar Adams and Madison Timber Properties, LLC, and Moving Defendants, William B. McHenry, Jr. and First South Investments, LLC, (together, the “Moving Parties”) pursuant to Federal Rule of Civil Procedure 26(c) and for good cause shown:

         IT IS HEREBY ORDERED AS FOLLOWS:

         1. This Stipulated Protective Order shall govern the use of all designated information or documents, including all copies, excerpts and summaries thereof, revealed or produced during the course of discovery in this proceeding by any Moving Party whether in response to an obligation or agreement to produce documents, or a document request, interrogatory, deposition, subpoena, or otherwise (hereinafter referred to as “Discovery Materials”). All Discovery Materials furnished by any person shall be used solely for the purpose of this proceeding and for no other purpose. Any other party to this proceeding may become a Moving Party by filing a stipulation agreeing to be bound by this Order.

         2. This Order also governs all documents and other discovery materials produced during discovery by any non-parties, when the non-party to this litigation requests the protections provided by this Order.

         3. In providing Discovery Materials, any party may designate as confidential the whole or any part of any Discovery Materials when the party believes that those materials contain a trade secret, sensitive commercial or financial information, or sensitive personal information of any person, including investors in the Madison Timber promissory notes, in accordance with Federal Rule of Civil Procedure 26(c)(1)(G), and thus need to be protected.

         4. Discovery Materials that a party wishes to designate as confidential shall be designated as “CONFIDENTIAL” either on the face of the document, on a cover letter with production of the Discovery Materials, or by so stating on the record during a deposition.

         5. A party objecting to the designation of “CONFIDENTIAL” shall so notify all other parties within thirty days of receipt of notice of the designation. Within ten days of such notification, the objecting parties and the producing party shall confer in an effort to resolve any dispute. If the parties are unable to resolve the dispute, the party objecting to the designation of the document or testimony as confidential may file a motion seeking a determination that such information is not entitled to confidential status. The information shall continue to be considered confidential during the pendency of any such dispute.

         6. All Discovery Materials designated as “CONFIDENTIAL” and all information derived therefrom, such as extracts, summaries, memoranda, and correspondence quoting from such documents, may be used only for the purpose of preparing for and conducting discovery, pretrial, trial, and post-trial proceedings in this action and for no other purpose.

         7. Except as the Court may otherwise expressly direct, Discovery Materials designated as “CONFIDENTIAL” may be disclosed only to (a) the Court, including its personnel both within Chambers and the Clerk of Court's office; (b) each party and counsel of record for each party actively engaged in this litigation and to paralegal assistants, office clerks and secretaries working under their supervision; (c) outside experts, retained for consultation or for testimony; and (d) witnesses being deposed under protective seal as provided herein; and (e) such other persons as may be permitted to have access pursuant to paragraph 16. Prior to disclosure to persons described in clauses (c), (d), and (e), counsel shall furnish a copy of this protective order to them and obtain the written certification of each such person to be bound by the terms of this protective order, which written certification shall be in the form shown on the attached Exhibit “A” and a copy of which shall be provided to all counsel on request. This requirement shall not apply to employees, representatives, or agents of any party, as employees, representatives, or agents are encompassed within the term “party” as used herein.

         8. Any person having knowledge or possession of any Discovery Material designated as “CONFIDENTIAL” obtained through discovery in this litigation shall not disclose such material, its contents or any portion or summary thereof to ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.