Opinion
Case No. 01-60386-DOT, Procedurally Consolidated
August 28, 2003
KUTAK ROCK LLP, Kevin R. Huennekens, VSB #18557, Loc Pfeiffer, VSB #39632, Richmond, Virginia, Counsel for Owais Dagra.
CONSENT ORDER AND STIPULATION CONCERNING PROTECTIVE ORDER
THIS MATTER comes before the Court upon the motion of Owais Dagra to approve a stipulation relating to the disclosure and use of certain confidential information as set forth in the Protective Order entered May 29, 2001 (the "Protective Order") in Adversary Proceeding No. 01-06010-T (the "Bankruptcy Court Litigation") filed in this Court and styled Merchants Express Money Order Company et al. v. Fas Mart Convenience Stores, Inc. (the "Debtors") (the "Motion"), and it appearing that good cause exists to grant the relief herein, it is
ORDERED as follows:
1. The Motion is hereby granted.
2. The parties to the Bankruptcy Court Litigation are hereby authorized to grant access to all discovery information and materials exchanged during the Bankruptcy Court Litigation; provided, however, that nothing herein obligates the Chapter 11 Trustee for the Debtors to produce any documents from the Bankruptcy Court Litigation in connection with the action filed in the United States District Court for the Eastern District of Virginia, Richmond Division, Case No. 3:01cv617, styled Merchants Express Money Order et al. v. Dagra (the "District Court Litigation").
3. All restrictions of disclosure and use of the discovery information and materials set forth in the Protective Order shall be applicable to Mr. Dagra except that such information and materials may be used solely for the purposes of the action filed in the District Court Litigation.
4. The Clerk shall send copies of this Order to counsel on the Service List.