Protective Order — In re Panthera Enterprises, LLC, Case No. 2:19-bk-00787 (Bankr. N.D.W. Va.); Panthera Training, LLC and West Virginia Economic Development Authority v. Panthera Enterprises, LLC

Source document: Protective Order; document type: court order (protective order).

Full text

IN THE UNITED STATES BANKRUPTCY COURT
FOR THE NORTHERN DISTRICT OF WEST VIRGINIA

In re:

:

:
PANTHERA ENTERPRISES, LLC,
:
BK No. 2:19-BK-00787

:

Debtor.

:
Chapter 11
_________________________________
:

:
PANTHERA TRAINING, LLC, and
:
WEST VIRGINIA ECONOMIC

:
DEVELOPMENT AUTHORITY,
:

:

Movants,

:

:
v.

:

:
PANTHERA ENTERPRISES, LLC,
:

:

Respondent.
:

PROTECTIVE ORDER

THIS DAY came the parties, Panthera Enterprises, LLC (hereinafter, “Debtor”), Panthera
Training, LLC (hereinafter, “Training”), and the West Virginia Economic Development
Authority (hereinafter, “WVEDA”) and upon the Motion for Protective Order filed by Training
herein they presented their arguments to the Court; and in consideration thereof, and for good
cause shown it is NOW THEREFORE,

ADJUDGED, ORDERED and DECREED that:
1. Training’s Motion for protective order should be and is hereby GRANTED; and
Dated: July 14th, 2020
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2. The discovery requests the Debtor has propounded upon Training and WVEDA,
generally and those interrogatories and Requests for Production of Documents identified
specifically in paragraphs 10 and 11 the Motion for a Protective Order, seek to elicit
documents and information that Training asserts (1) is beyond the scope of the Joint
Motion to Convert This Case to a Chapter 7 Proceeding for Cause Pursuant to 11 U.S.C.
§ 1112 (b) (1) or the Debtor’s defenses thereto, (2) has no bearing on the bases for cause
to convert, and (3) that is proprietary and confidential to Training;
3. To the extent that the discovery responses from Training or WVEDA contain the
information described in paragraph 2 above, that information shall be subject to this
Protective Order and shall be tendered in accordance with the terms hereof;
4. Training and WVEDA shall respond to the discovery requests identified in the Motion
for a Protective Order as completely as possible as follows;
a.  Training’s internal quarterly financial statements shall be produced after being
redacted to conceal all line items other than the line item displaying “gross
receipts” and either “net income” or “net loss”. In addition, Training shall produce
copies of its accounting entries that recorded its receipt of payments of the
invoices referenced in the Joint Motion to Convert (Dkt 132)
b. All communications containing the identity of Training’s clients and prospective
clients shall be redacted to conceal the identity of Training’s client or prospective
client and the nature of the contract work involved.
c. All communications describing training activities performed at the Facility shall
be redacted to conceal the identity of the client and the details of work being
performed.
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d. The production of communications and other financial records and documents
related to Training’s financial performance shall be limited to the production of
the documents addressed in subparagraph 4.a. above.
5. The information and documents provided by Training or WVEDA pursuant to this
Protective Order shall be marked “Confidential” and shall be used for purposes of
discovery only and shall not be entered into evidence or otherwise used, disseminated,
published or otherwise placed in the public domain in the absence of the Court’s ruling
admitting the documents into evidence;
6. The parties shall endeavor to resolve all issues pertaining to the information and
documents described herein such that Training and WVEDA can provide the information
and documentation sought and the Debtor can receive such information and
documentation consistent with the terms and the tenor of this Protective Order; and
7. To the extent that the parties cannot agree upon the propriety of disclosure of certain
documents or information, those documents or that information shall be submitted to the
Court for consideration and action.

WE ASK FOR THIS:

/s/ Douglas E. Kahle

Douglas E. Kahle
Basnight, Kinser, Leftwich & Nuckolls, P.C.
308 Cedar Lakes Drive, Second Floor
Chesapeake, Virginia 23322
Telephone: (757) 547-9191
Facsimile; (757) 547-9135
E-mail: dkahle@basnightkinser.com
Counsel for Panthera Training LLC

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/s/ Debra Lee Allen

Debra Lee Allen
Spilman, Thomas & Battle, PLLC
48 Donley Street, Suite 800
P.O. Box 615
Morgantown, West Virginia 26507-0615
Counsel for WVEDA

SEEN AND AGREED:

/s/ Mark A. Lindsay

Mark A. Lindsay
Bernstein-Burkley, P.C.
707 Grant Street, Suite 2200
Pittsburgh, Pennsylvania 15219
Counsel for the Debtor

SEEN AND AGREED:

/s/ Gary O. Kinder

Gary O. Kinder
Attorney, Office of U.S. Trustee
United States Courthouse, Room 2025
300 Virginia Street, East3
Charleston, West Virginia 25301
Counsel for the U.S. Trustee

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