UNDERWOOD LAW FIRM, P.C.

Thomas C. Riney, SBN: 16935100

W. Heath Hendricks, SBN: 240556451

500 South Taylor, Suite 1200, LB 233

Amarillo, Texas 79101

Telephone: (806) 376-5613

Facsimile: (806) 379-0316

Email: tom.riney@uwlaw.com

Email: heath.hendricks@uwlaw.com

-andMichael R. Johnson (Pro Hac Vice)

RAY QUINNEY & NEBEKER P.C.

36 South State Street, Suite 1400

Salt Lake City, Utah 84111

Telephone: (801) 532-1500

Facsimile: (801) 532-7543

Email: mjohnson@rqn.com

Attorneys for Rabo AgriFinance LLC

IN THE UNITED STATES BANKRUPTCY COURT 

FOR THE NORTHERN DISTRICT OF TEXAS

AMARILLO DIVISION 

IN RE:

McCLAIN FEED YARD, INC., McCLAIN

FARMS, INC. and 7M CATTLE FEEDERS, 

INC., 

Debtors.

1

CASE NO. 23-20084-7-rlj

(Jointly Administered Cases)

Chapter 7

1 The Debtors in these jointly administered Chapter cases are: (a) McClain Feed Yard, Inc. (Case No. 23-

20084), (b) McClain Farms, Inc. (Case No. 23-20885) and 7M Cattle Feeders, Inc. (Case No. 23-20886). 

All three cases are being jointly administered under the case number for McClain Feed Yard, Inc.

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2

NOTICE OF INTENT TO ISSUE AND SERVE SUBPOENA

Pursuant to Rule 45(a)(4) of the Federal Rules of Civil Procedure, as incorporated by 

Rule 9016 of the Rules of Bankruptcy Procedure, and as previously authorized by the Court 

pursuant Federal Rule of Bankruptcy Procedure 2004, Rabo AgriFinance LLC, by and through 

its counsel of record, hereby gives notice of its intent to issue and serve a Subpoena for Rule 

2004 Production of Documents upon the following: 

Community Financial Services Bank

100 Dick Castleman Bypass

Benton, KY 42025-0467

A true and correct copy of the Subpoena to be issued and served is attached hereto.

DATED this 11th day of August, 2021.

UNDERWOOD LAW FIRM, P.C.

Thomas C. Riney, SBN: 16935100

W. Heath Hendricks, SBN: 240556451

500 South Taylor, Suite 1200, LB 233

Amarillo, Texas 79101

Telephone: (806) 376-5613

Facsimile: (806) 379-0316

Email: tom.riney@uwlaw.com

Email: heath.hendricks@uwlaw.com

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3

--and--

RAY QUINNEY & NEBEKER P.C.

Michael R. Johnson (Pro Hac Vice)

36 South State, Suite 1400

Salt Lake City, UT 84111

Telephone: (801) 532-1500

Facsimile: (801) 532-7543

Email: mjohnson@rqn.com

/s/ Michael R. Johnson

Michael R. Johnson

Attorneys for Rabo AgriFinance LLC

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4

CERTIFICATE OF SERVICE

I hereby certify that on August 11, 2023, the foregoing document was filed with the Clerk 

of the Court in the above-entitled Chapter 7 case using the CM/ECF system, which sent notice of 

electronic filing to all electronic filing users in the case.

/s/ Michael R. Johnson

Michael R. Johnson

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82540 (Form 2540- Subpoena for Rule 2004 Examination (12/15) 

UNITED STATES BANKRUPTCY COURT 

NORTHERN DISTRICT OF TEXAS. AMARILLO DIVISIO 

In re McCLAIN FEED YARD, INC. 

McCLAIN FARMS, INC. 

7M CATTLE FEEDERS, INC. 

Case No. 23-20084-7-rlj 

Case No. 23-20085-7-rlj 

Case No. 23-20086-7-rlj 

Chapter -----'-7 __ 

SUBPOENA FOR RULE 2004 PRODUCTION OF DOCUMENTS 

TO: Community Financial Services Bank 

100 Dick Castleman Bypass 

Benton, KY 42025-0467 

(Name of person to whom the subpoena is directed) 

D TESTIMONY: You ARE COMMANDED to appear at the time, date and place set forth below to testify at an examination 

under Rule 2004, Federal Rules of Bankruptcy Procedure. A copy of the court order authorizing the examination is attached. 

I PLACE OF TESTIMONY I DA TE AND TIME 

~ PRODUCTION: You must produce by 5:00 p.m. on or before August 31, 2023, at the law offices of Ray 

Quinney & Nebeker, P.C. at 36 South State Street, Suite 1400, Salt Lake City, Utah 84111, the following 

documents, electronically stored information or objects, and must permit inspection, copying, testing, or sampling 

of the material: 

SEE EXHIBITS "A" AND "B" ATTACHED HERETO. 

The following provisions of Fed. R. Civ. P. 45, made applicable in bankruptcy cases by Fed. R. Bankr. P. 9016, are 

attached - rule 45 ( c ), relating to the place of compliance; Rule 45 ( d), relating to our protection as a person subject to a 

subpoena; and Rule 45( e) and 45 (g), relating to your duty to respond to this subpoena and the potential consequences of not 

doino so. 

MICHAEL R. JOHNSON 

RAY QUINNEY & NEBEKER P.C. 

36 South State Street, Suite 1400 

Salt Lake City, UT 84111 

801-532-1500 

Attorne ~ or Rabo A iFinance LLC 

DATE 

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82540 (Form 2540 - Subpoena for Rule 2004 Examination. (Page 2) 

Notice to the person who issues or requests this subpoena 

If this subpoena commands the production of documents, electronically stored information, or tangible things, or the 

inspection of premises before trial, a notice and a copy of this subpoena must be served on each party before it is served on the 

person to whom it is directed. Fed. R. Civ. P. 45(a)(4). 

PROOF OF SERVICE 

(This section should not be filed with the court unless required by Fed. R. Civ. P. 45.) 

I received this subpoena for (name of individual and title, if any): ____________________ _ 

on (date) ___ _ 

D I served the subpoena by delivering a copy to the named person as follows: ________________ _ 

________________ on (date) _________ ; or 

D I returned the subpoena unexecuted because: 

Unless the subpoena was issued on behalf of the United States, or one of its officers or agents, I have also tendered to the 

witness the fees for one day's attendance, and the mileage allowed by law, in the amount of $ __________ _ 

My fees are $ ____ for travel and $ ____ for services, for a total of$ ____ _ 

I declare under penalty of perjury that this information is true and correct. 

Date: 

Server's signature 

Printed name and title 

Server's address 

Additional information concerning attempted service, etc.: 

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82540 (Form 2540 Subpoena for Rule 2004 Examination. (Page 3) 

Federal Rule of Civil Procedure 45(c), (d), (e), and (g) (Effective 12/1/13) 

(made applicable in bankruptcy cases by Rule 9016, Federal Rules of Bankruptcy Procedure) 

(c) Place of compliance. 

(!) For a Trial, Hearing, or Deposition. A subpoena may command a 

person to attend a trial, hearing, or deposition only as follows: 

(A) within 100 miles of where the person resides, is employed, or 

regularly transacts business in person; or 

(B) within the state where the person resides, is employed, or regularly 

transacts business in person, if the person 

(i) is a party or a party's officer; or 

(ii) is commanded to attend a trial and would not incur substantial 

expense. 

(2) For Other Discovery. A subpoena may command: 

(A) production of documents, or electronically stored information, or 

things at a place within I 00 miles of where the person resides, is employed, 

or regularly transacts business in person; and 

(B) inspection of premises, at the premises to be inspected. 

(d) Protecting a Person Subject to a Subpoena; Enforcement. 

(I) Avoiding Undue Burden or Expense; Sanctions. A party or 

attorney responsible for issuing and serving a subpoena must take 

reasonable steps to avoid imposing undue burden or expense on a person 

subject to the subpoena. The court for the district where compliance is 

required must enforce this duty and impose an appropriate sanction -

which may include lost earnings and reasonable attorney's fees - on a 

party or attorney who fails to comply. 

(2) Command to Produce Materials or Permit Inspection. 

(A) Appearance Not Required. A person commanded to produce 

documents, electronically stored information, or tangible things, or to 

permit the inspection of premises, need not appear in person at the place of 

production or inspection unless also commanded to appear for a deposition, 

hearing, or trial. 

(B) Objections. A person commanded to produce documents or tangible 

things or to permit inspection may serve on the party or attorney designated 

in the subpoena a written objection to inspecting, copying, testing or 

sampling any or all of the materials or to inspecting the premises - or to 

producing electronically stored information in the form or forms requested. 

The objection must be served before the earlier of the time specified for 

compliance or 14 days after the subpoena is served. If an objection is made, 

the following rules apply: 

(i) At any time, on notice to the commanded person, the serving party 

may move the court for the district where compliance is required for an 

order compelling production or inspection. 

(ii) These acts may be required only as directed in the order, and the 

order must protect a person who is neither a party nor a party's officer from 

significant expense resulting from compliance. 

(3) Quashing or Modifying a Subpoena. 

(A) When Required. On timely motion, the court for the district where 

compliance is required must quash or modify a subpoena that: 

(i) fails to allow a reasonable time to comply; 

(ii) requires a person to comply beyond the geographical limits 

specified in Rule 45(c); 

(iii) requires disclosure of privileged or other protected matter, ifno 

exception or waiver applies; or 

(iv) subjects a person to undue burden. 

(B) When Permitted. To protect a person subject to or affected by a 

subpoena, the court for the district where compliance is required may, on 

motion, quash or modify the subpoena if it requires: 

(i) disclosing a trade secret or other confidential research, 

development, or commercial information; or 

(ii) disclosing an umetained expert's opinion or information that does 

not describe specific occurrences in dispute and results from the expert's 

study that was not requested by a party. 

(C) Specifying Conditions as an Alternative. In the circumstances 

described in Rule 45(d)(3)(8), the court may, instead of quashing or 

modifying a subpoena, order appearance or production under specified 

conditions if the serving party: 

(i) shows a substantial need for the testimony or material that cannot 

be otherwise met without undue hardship; and 

(ii) ensures that the subpoenaed person will be reasonably 

compensated. 

(e) Duties in Responding to a Subpoena. 

(!) Producing Documents or Electronically Stored Information. These 

procedures apply to producing documents or electronically stored 

information: 

(A) Documents. A person responding to a subpoena to produce 

documents must produce them as they are kept in the ordinary course of 

business or must organize and label them to correspond to the categories in 

the demand. 

(B) Form for Producing Electronically Stored Information Not 

Specified. If a subpoena does not specify a form for producing 

electronically stored information, the person responding must produce it in 

a form or forms in which it is ordinarily maintained or in a reasonably 

usable form or forms. 

(C) Electronically Stored Information Produced in Only One Form. The 

person responding need not produce the same electronically stored 

information in more than one form. 

(D) Inaccessible Electronically Stored Information. The person 

responding need not provide discovery of electronically stored information 

from sources that the person identifies as not reasonably accessible because 

of undue burden or cost. On motion to compel discovery or for a protective 

order, the person responding must show that the information is not 

reasonably accessible because of undue burden or cost. If that showing is 

made, the court may nonetheless order discovery from such sources if the 

requesting party shows good cause, considering the limitations of Rule 

26(b)(2)(C). The court may specify conditions for the discovery. 

(2) Claiming Privilege or Protection. 

(A) Information Withheld. A person withholding subpoenaed 

information under a claim that it is privileged or subject to protection as 

trial-preparation material must: 

(i) expressly make the claim; and 

(ii) describe the nature of the withheld documents, communications, 

or tangible things in a manner that, without revealing information itself 

privileged or protected, will enable the parties to assess the claim. 

(B) Information Produced. If information produced in response to a 

subpoena is subject to a claim of privilege or of protection as trialpreparation material, the person making the claim may notify any party that 

received the information of the claim and the basis for it. After being 

notified, a party must promptly return, sequester, or destroy the specified 

information and any copies it has; must not use or disclose the information 

until the claim is resolved; must take reasonable steps to retrieve the 

information if the party disclosed it before being notified; and may 

promptly present the information under seal to the court for the district 

where compliance is required for a determination of the claim. The person 

who produced the information must preserve the information until the claim 

is resolved. 

(~-) Contempt. The court for the district where compliance is required - and 

also, after a motion is transferred, the issuing court - may hold in contempt 

a person who, having been served, fails without adequate excuse to obey 

the subpoena or an order related to it 

For access to subpoena materials, see Fed. R. Civ P. 45(a) Committee Note (2013) 

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82540 (Form 2540- Subpoena for Rule 2004 Examination. (Page 4) 

EXHIBIT A 

Definitions 

The following definitions apply to all requests contained herein and in Exhibit "B": 

1. RAF. The term "RAF" shall mean Rabo AgriFinance LLC, a Delaware limited liability 

company, and all officers, directors, members, employees, attorneys, agents, and representatives of 

the foregoing. 

2. MF. The term "MF" shall mean McClain Farms, Inc., a Kentucky corporation, and all 

officers, directors, members, employees, attorneys, agents, and representatives of the foregoing. 

3. MFY. The term "MFY" shall mean McClain Feed Yards, Inc., a Texas corporation, and all 

officers, directors, members, employees, attorneys, agents, and representatives of the foregoing. 

4. 7M. The term "7M" shall mean 7M Cattle Feeders, Inc, a Kentucky corporation, and all 

officers, directors, members, employees, attorneys, agents, and representatives of the foregoing. 

5. McClain. The term "McClain" shall mean Brian Keith McClain, aka Brian K. McClain, and 

also includes his agents, heirs and representatives, including but not limited to his estate, his widow 

Chelsea McClain, his former spouse Crystal McClain, his daughter Meagan B. Goad, f/k/a Meagan 

B. Powell, and his daughter Kinsey Moreland. 

6. CFSB. The term "CFSB" shall mean Community Financial Services Bank, and all officers, 

directors, members, employees, attorneys, agents, and representatives of the foregoing. 

7. McClain Parties. The term "McClain Parties" shall mean each and all of MF, MFY, 7M, and 

McClain, either individually or collectively as the context may require. 

8. McClain Accounts. The term "McClain Accounts" shall mean any and all savings, checking, 

money market, demand, deposit, loan or other financial accounts owned by or in the name of any of 

the McClain Parties and held or located at either CFSB during the Relevant Time Period. 

9. McClain Family Members. The term "McClain Family Members" shall mean any or all 

of Chelsea McClain, Crystal McClain, Meagan B. Goad, fka Meagan B. Powell, Jed Goad, and/or 

Kinsey Moreland. 

10. McClain Family Members Accounts. The term "McClain Family Members Accounts" 

shall mean any and all savings, checking, money market, demand, deposit, loan or other financial 

accounts owned by or in the name of any of the McClain Family Members and held or located at 

CFSB during the Relevant Time Period. 

11. JLE Trucking. The term "JLE Trucking" shall mean JLE Trucking, Inc., also includes its 

agents, heirs and representatives, including but not limited to Jed Goad and/or Meagan B. Goad. 

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82540 (Form 2540 - Subpoena for Rule 2004 Examination. (Page 5) 

12. JLE Trucking Accounts. The term "JLE Trucking Accounts" shall mean any and all savings, 

checking, money market, demand, deposit, loan or other financial accounts owned by or in the 

name of any of JLE Trucking and held or located at CFSB during the Relevant Time Period. 

13. Relevant Documents Time Period. The term "Relevant Documents Time Period" shall mean 

the period from January 1, 2018 through the present. 

14. Relevant Communications Time Period. The term "Relevant Communications Time Period" 

shall mean the period from January 1, 2021 through the present. 

15. Documents or Electronically Stored Information. The term "documents or electronically 

stored information" shall be synonymous in meaning and equal in scope to the usage of those terms 

in Rule 34 of the Federal Rules of Civil Procedure, and shall include, without limitation, any written, 

printed, electronic, typed, recorded, filmed, punched, transcribed, taped, or other graphic matter of 

any kind or nature however stored, produced, or reproduced, whether sent or received or neither, 

including the original, drafts, copies, and non-identical copies bearing notations or marks not found 

on the original, and includes, but is not limited to, all records, memoranda, reports, financial 

statements, handwritten and other notes, transcripts, paper, indices, electronic mail messages, 

electronic text messages, voicemail, word processing documents, spreadsheets, databases, calendars, 

telephone logs, contact manager information, internet usage files (including activity logs, records of 

internet and web browser generated files, history files, caches, and cookies), network access 

information, blogs, tweets, instant messages, letters, envelopes, telegrams, cables, telex messages, 

telephone messages, summaries or records of telephone conversations, summaries or records of 

personal conversations or interviews, summaries or records of meetings or conferences, minutes or 

transcripts or notations of meetings or telephone conversations or other communications of any type, 

tabulations, studies, analyses, evaluations, projections, work papers, statements, summaries, opinions, 

journals, desk calendars, appointment books, diaries, billing records, invoices, or photographs, or 

other data compilations in any medium from which information can be obtained, including, but not 

limited to microfilms, magnetic tapes, electronic storage, computers, laptops, hard drives, thumb 

drives, personal digital assistants, smart phones, and archives, and includes any other documents 

discoverable under Federal Rule of Civil Procedure 26, which are in your custody, possession, and/or 

control or to which you otherwise have access. The term "document" also includes file and folder 

tabs associated with each of the aforementioned originals, copies, drafts, or versions. The term 

"document" also includes "communications" as defined herein. 

16. Communications. The term "communications" shall be construed as broadly as possible, and 

shall include, but not be limited, to all e-mails, text messages, correspondence, memoranda, or other 

written documentation in any form. 

17. Concerning. The term "concerning" means referring to, referencing, reflecting, in connection 

with, describing, evidencing, indicating, supporting or constituting, digesting, embodying, 

establishing, tending to establish, tending not to establish, comprising, commenting on, responding 

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82540 (Form 2540 - Subpoena for Rule 2004 Examination. (Page 6) 

to, disagreeing with, showing, describing, analyzing, representing, constituting or including, in whole 

or in part. 

18. All/Each. The terms "all" and "each" shall be construed as all and each. 

19. And/Or. The connectives "and" and "or" shall be construed either disjunctively or 

conjunctively as necessary to bring within the scope of the discovery request all responses that might 

otherwise be construed to be outside of its scope. 

20. Number. The use of the singular form of any word includes the plural and vice versa. 

21. Tense. The use of the present tense includes the present and past tense, and the use of the past 

tense includes the past and present tense. 

22. You/Your. The terms "You" and/or "Your" means to person or entity to whom this subpoena 

is directed. 

INSTRUCTIONS 

A. To the extent any Document Request in this subpoena seeks documents also covered 

by any other Document Request( s) to You, it is for purposes of completeness only, and should in no 

way be construed as limiting or otherwise narrowing any of the other Requests herein. 

B. These Requests shall extend to all documents in the possession, custody, and/or 

control of You, as well as all documents in the possession, custody, or control of persons or entities 

under Your control or which You could reasonably gain access. 

C. In the event that more than one copy of a documents exists, You should produce the 

original and each non-identical copy of each document or other tangible thing requested herein that 

is in Your possession, custody or control, or the control of Your agents, attorneys, accountants, or 

employees, or to which You could reasonably gain access. 

D. You should comply with the requirements of the Federal Rules of Civil Procedure 

regarding claims of privilege or protection of trial preparation materials. 

E. These Requests shall be deemed continuing in nature to the fullest extent permitted 

by law. If further responsive information comes into the possession or attention of You or Your 

attorneys at any time during the course of this proceeding, such information must be provided as 

required by the Federal Rules of Civil Procedure. 

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82540 (Form 2540 - ubpoena for Rule 2004 Examination. (Page 7) 

EXHIBIT B 

Requested Documents 

1. All bank statements for the McClain Accounts, the McClain Family Members 

Accounts and the JLE Trucking Accounts created or generated during the Relevant Documents 

Time Period. 

2. All account opening agreements, signature cards, account holder agreements, 

change of authority agreements, or other agreements for the McClain Accounts, the McClain 

Family Members Accounts and the JLE Trucking Accounts from the opening or inception of the 

accounts through the present. 

3. All records and documents evidencing all transaction activities in or related to the 

McClain Accounts, the McClain Family Members Accounts and the JLE Trucking Accounts 

during the Relevant Documents Time Period, including all checks (both honored and returned), 

wire transfer records, NSF records, presentment records, return records, credit entries, debit 

entries, and all other records concerning any and all postings related to the foregoing accounts. 

4. All corporate resolutions or other agreements that were presented to open or 

maintain the McClain Accounts, the McClain Family Members Accounts and the JLE Trucking 

Accounts. 

5. All "Know Your Customer" or "KYC" information collected during the life of the 

McClain Accounts, the McClain Family Members Accounts and the JLE Trucking Accounts. 

6. All communications created or generated during the Relevant Communications 

Time Period between CFSB, on the one hand, and any of the McClain Parties, the McClain Family 

Members or JLE Trucking, on the other hand, referring or relating to the McClain Accounts, the 

McClain Family Members Accounts and the JLE Accounts. 

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82540 (Form 2540 - Ubpocnn for Rule 2004 Examination_ (Page 8) 

7. All communications created or generated during the Relevant Communications 

Time Period between CFSB, on the one hand, and any third parties, on the other hand, referring or 

relating to the McClain Accounts, the McClain Family Members Accounts and the JLE Accounts. 

8. All internal communications between agents or representatives of CFSB created or 

generated during the Relevant Time Period referring or relating to the McClain Accounts, the 

McClain Family Members Accounts and the JLE Accounts. 

9. All communications between CFSB, on the one hand, and Mechanics Bank, on the 

other hand, from and after April 1, 2023 which refer or relate to the McClain Accounts, including 

but not limited to all communications regarding financial transactions concerning the McClain 

Parties' bank accounts at Mechanics Bank, and any returned items or reversals on such accounts, 

and any requests made by CFSB to Mechanics Bank to dishonor, return or otherwise not clear 

checks or wires initiated by CFSB. 

1643994 

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