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SUD Family Limited Partnership v. Regions Bank

United States District Court, C.D. Illinois, Peoria Division

September 26, 2016

SÜD FAMILY LIMITED PARTNERSHIP, Plaintiff,
v.
REGIONS BANK and DCR MORTGAGE VI SUB IV, LLC, Defendants. DCR MORTGAGE VI SUB IV, LLC, Counter-Plaintiff,
v.
SÜD FAMILY LIMITED PARTNERSHIP, SÜD'S OF PEORIA, INC., SÜD'S MOTOR CAR COMPANY, INC., GIAN C. SÜD individually and doing business as Süd Family Limited Partnership, NANCY A. SÜD individually and doing business as Süd Family Limited Partnership, PEARL IMPORTS OF PEORIA, LLC, UNKNOWN OWNERS, NON-RECORD CLAIMANTS, OTTO BAUM COMPANY, INC., METHODIST SERVICES, INC., THE METHODIST MEDICAL CENTER OF ILLINOIS, METHODIST HEALTH SERVICES CORPORATION, PEORIA MOB OWNERS LLC, REGIONS BANK, and LEND LEASE (US) HEALTHCARE DEVELOPMENT LLC formerly known as Lend Lease DASCO LLC formerly known as The DASCO Companies, LLC, Counter-Defendants.

          WE SO MOVE/STIPULATE and agree to abide by the terms of this Order. Steven A. Wakeman Christopher H. Sokn KINGERY DURREE WAKEMAN & O'DONNELL ASSOC Counsel for Plaintiff, Süd Family Limited Partnership, Süd's Of Peoria, Inc., Süd's Motor Car Company, Inc., Gian C. Süd individually and doing business as Süd Family Limited Partnership, Nancy A. Süd individually and doing business as Süd Family Limited Partnership

          WE SO MOVE/STIPULATE and agree to abide by the terms of this Order. Jeffrey G. Sorenson Thomas E. Howard HOWARD & HOWARD ATTORNEYS PLLC Counsel for Regions Bank

          WE SO MOVE/STIPULATE and agree to abide by the terms of this Order John S. Elias Janaki Hannah Nair ELIAS MEGINNES & SEGHETTI P.C. Counsel for Pearl Imports Of Peoria, LLC

          WE SO MOVE/STIPULATE and agree to abide by the terms of this Order. David Wentworth HASSELBERG GREBE SNODGRASS URBAN & WENTWORTH Counsel for Otto Baum Company, Inc.

          WE SO MOVE/STIPULATE and agree to abide by the terms of this Order. Edward S. Weil Robert B. Groholski Molly E. Thompson DYKEMA GOSSETT PLLC Counsel for DCR Mortgage VI SUB IV, LLC

          WE SO MOVE/STIPULATE and agree to abide by the terms of this Order. Joseph B. VanFleet VANFLEET LAW OFFICES Counsel for DCR Mortgage VI Sub IV, LLC

          WE SO MOVE/STIPULATE and agree to abide by the terms of this Order. Jeffrey E. Krumpe MILLER HALL & TRIGGS LLC Counsel for Methodist Services, Inc., The Methodist Medical Center of Illinois, Methodist Health Services Corporation, and Peoria MOB Owners, LLC

          Michael M. Mihm Judge

          STIPULATED PROTECTIVE ORDER

          JONATHAN E. HAWLEY U.S. MAGISTRATE JUDGE

         The parties to this Stipulated Protective Order under Federal Rule of Civil Procedure Rule 26(c) have agreed to the terms of this Order; accordingly, it is ORDERED:

         1. Scope. All documents and electronically-stored information produced in the course of discovery, including initial disclosures, all responses to discovery requests, all deposition testimony and exhibits, other materials which may be subject to restrictions on disclosure for good cause and information derived directly therefrom (hereinafter collectively “documents”), shall be 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 shall be strictly construed in favor of public disclosure and open proceedings wherever possible. The Order is also subject to the Local Rules of this District and the Federal Rules of Civil Procedure on matters of procedure and calculation of time periods.

         2. Form and Timing of Designation. A party may designate documents as confidential and restricted in disclosure under this Order by placing or affixing the words “CONFIDENTIAL - SUBJECT TO PROTECTIVE ORDER” or “ATTORNEYS' EYES ONLY - SUBJECT TO PROTECTIVE ORDER” on the document in a manner that will not interfere with the legibility of the document and that will permit complete removal of the designation. To the extent any documents are produced in a format that does not permit the producing party to place or affix the appropriate endorsement directly on the documents, the producing party will communicate the appropriate designation to the receiving party in writing and/or in the electronic title of the document. Documents shall be designated CONFIDENTIAL - SUBJECT TO PROTECTIVE ORDER or ATTORNEYS' EYES ONLY - SUBJECT TO PROTECTIVE ORDER prior to or at the time of the production or disclosure of the documents. The designation “CONFIDENTIAL - SUBJECT TO PROTECTIVE ORDER” or “ATTORNEYS' EYES ONLY - SUBJECT TO PROTECTIVE ORDER” does not mean that the document has any status or protection by statute or otherwise except to the extent and for the purposes of this Order.

         3. Documents Which May be Designated CONFIDENTIAL - SUBJECT TO PROTECTIVE ORDER. Any party may designate information or documents as CONFIDENTIAL - SUBJECT TO PROTECTIVE ORDER upon making a good faith determination that the documents either: (a) contain information protected from disclosure by statute; (b) should be protected from disclosure as confidential personal information; or (c) contain commercial information that is not publicly available. Public records and other information or documents that are publicly available may not be designated as CONFIDENTIAL - SUBJECT TO PROTECTIVE ORDER.

         4. Documents Which May be Designated ATTORNEYS' EYES ONLY -SUBJECT TO PROTECTIVE ORDER. Any party may designate information or documents as ATTORNEYS' EYES ONLY - SUBJECT TO PROTECTIVE ORDER upon making a good faith determination that the documents contain information that should be protected from disclosure as trade secrets or highly sensitive competitive or commercial information. Such information includes, but is not limited to: confidential know-how; confidential pricing, purchasing or sales information; business plans and strategies; and any other information that would likely cause significant competitive harm to the disclosing party if disclosed publicly.

         5. Depositions. Deposition testimony shall be deemed CONFIDENTIAL -SUBJECT TO PROTECTIVE ORDER or ATTORNEYS' EYES ONLY - SUBJECT TO PROTECTIVE ORDER only if designated as such during the deposition or via letter within 14 days of the date the printed transcript is available to the parties. Such designation shall be specific as to the portions of the transcript or any exhibit to be designated as CONFIDENTIAL -SUBJECT TO PROTECTIVE ORDER or ATTORNEYS' EYES ONLY - SUBJECT TO PROTECTIVE ORDER. Until the deadline to designate testimony for protection has passed, the testimony shall be treated as ATTORNEYS' EYES ONLY - SUBJECT TO PROTECTIVE ORDER unless otherwise agreed between the parties. Thereafter, only those ...


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