Perry v. Diversified Wood Products, Inc

Filing 19

CONSENT PROTECTIVE ORDER - Signed by US Magistrate Judge Kimberly A. Swank on 9/22/2017. (Briggeman, N.)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
NORTHERN DIVISION
Civil Action No.: 2:16-cv-00084-D
TAKEYLA PERRY,
Plaintiff,
v.
DIVERSIFIED WOOD PRODUCTS,
INC.,

)
)
)
)
)
)
)
)
)

CONSENT PROTECTIVE ORDER

Defendant.

Pursuant to Rule 26(c) and with the consent of the parties as designated below,
the Court finds and orders as follows:
1.

The parties have agreed that the medical records of the Plaintiff and the

personnel records and training procedures and financial statements of the defendant are
subject to disclosure pursuant to Rule 26.
2.

With the consent of the parties, the Court finds that a protective order is

appropriate and imposes the following terms and conditions on the use and disclosure of
the personnel records and medical records.
a.

These records shall be revealed only to and used only by “qualified

persons” as provided in subparagraph 2(b) of this Order and only in connection
with the prosecution or defense of this case, including any appeal thereof;
b.

As used herein, “qualified persons” means:
i.

This Court, including its staff and any jury selected in this

case, under such safeguards as are provided in this Order or as are required

by the Court in the event any confidential matter is to be used or
introduced at trial;
ii.

Present and subsequent in-house and outside counsel for

the parties to this action, together with their paralegals and clerical
employees actually working on the case at any time;
iii.

Outside experts consulted or retained by counsel in

connection with the preparation for trial or at trial; and
iv.

The individual and entity parties to this action and

witnesses in connection with the preparation for trial or at trial.
3.

The parties have agreed that these medical records and personnel and

training records and financial statements may be produced subject to a protective order
restricting their use to the prosecution and defense of this lawsuit and prohibiting their
disclosure to unauthorized persons.
4.

With the consent of the parties, the Court finds that a protective order is

appropriate and imposes the terms and conditions on the use and disclosure of the
requested medical records and personnel and training records and financial statements as
set forth in paragraph 2(a)-(b) of this Order.
5.

It shall be the responsibility of counsel for each party to this action to

ensure that qualified persons receiving any confidential material pursuant to this Order
have knowledge of the terms of this Order and agree to be bound by them.
6.

Ultimate disposition of protected materials is subject to final Order of the

Court upon completion of litigation, which may include but is not limited to, the parties
either destroying or returning the records at the conclusion of litigation.

7.

In accordance with Section V(G)(1)(a) of the EDNC CM/ECF Policies

and Procedures Manual, if a party seeks to file confidential material under seal, the party
must accompany the request with a motion to seal. The motion to seal may be filed
without a supporting memorandum only if the filing party can cite a statute, rule, standing
order or court order that requires the filing to be sealed. Absent such authority, the filing
party must submit a supporting memorandum that specifies:
(i)

The exact document or item, or portions thereof, for which the

filing under seal is requested;
(ii)

How such request to seal overcomes the common law or the First

Amendment presumption to access;
(iii)

The specific qualities of the material at issue which justify sealing

such material, taking into account the balance of competing interest in access;
(iv)
(v)
8.

The reasons why alternatives to sealing are inadequate; and
Whether there is consent to the motion.

Although this Order is entered with the consent of the parties, it shall not

constitute a waiver of the parties’ right to object to the disclosure of material on grounds
relating to discovery or to its admissibility into evidence.
September
SO ORDERED, this the 22ndday of __________, 2017.
___

_______________________________
______________________________
_
__
__ _ ___ _
Kimberly A. Swank
K
Kimberly A.
U.S. Magistrate Judge
US M i
J d

We stipulate and agree to abide by the terms of this Order:
FAGAN LAW OFFICE

CRAWFORD & CRAWFORD, PLLC
ATTORNEYS AT LAW

By /s/Kathryn Fagan
Kathryn Fagan
N.C. State Bar No. 21858

By /s/ Robert O. Crawford III
Robert O. Crawford III
N. C. State Bar No. 12373

P.O. Box 44
Manteo, NC 27954
Telephone: [phone]
Email: [e-mail]

4242 Six Forks Road, Suite 1550
Raleigh, NC 27609
Telephone: [phone]
Email: [e-mail]

Counsel for Plaintiff

Counsel for Defendant