McGill v. Town of Coats, et al

Filing 98

PROTECTIVE/PRODUCTION ORDER - Signed by District Judge Louise Wood Flanagan on 11/12/2013. (Baker, C.)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
WESTERN DIVISION
No.: 5:12-CV-631-FL
ELIZABETH SUE DAVIS,
ADMINSTRATRIX OF THE ESTATE OF
MARK E. McGILL,
Plaintiff,
vs.
THE TOWN OF COATS,
DUNCAN EDWARD JAGGERS,
KELLY W. FIELDS, and ANDY C. LEE, in
their individual capacities,
Defendants.

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PROTECTIVE/PRODUCTION ORDER

THE PLAINTIFF DESIRES to inspect and copy prosecution files and records maintained
by the Office of the District Attorney of the prosecutorial district encompassing Harnett County.
Said files and records may be disclosed under court order, pursuant to N.C. Gen. Stat. § 132-1.4.
As Plaintiff has subpoenaed said files and records, the Plaintiff and the District Attorney seek an
order of protection and production for said files and records, which pursuant to N.C. Gen. Stat. §
132-1.4 may be produced under court order.
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Upon consent motion of the Plaintiff [DE ___], IT IS HEREBY ORDERED THAT:
1.

This Order and the documents discussed relate to the documents specified in the

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subpoena attachment attached to the Motion for Protective Order as Exhibit 1. [DE __ - 1]
2.

Any document or information obtained through this Order which is not publicly available

and is asserted by the District Attorney to contain or constitute confidential information, shall be
clearly and prominently marked on its face with the legend: "CONFIDENTIAL BY
PROTECTIVE ORDER" or a comparable notice. (Such information shall be disclosed at any

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hearing only to Court personnel and to counsel for the parties and their employees.) If a party
objects to the designation of a document or information as being confidential, the objecting party
shall notify the designating party in writing. The objecting party shall identify the information or
document in question, and shall specify in reasonable detail the reason or reasons for the
objection. Within five calendar days of the receipt of such notice, the designating party and
objecting party shall meet and confer in an effort to resolve their differences. If the designating
party and the objecting party cannot resolve their differences, either party may apply to the Court
for a ruling. The confidentiality of the information shall be maintained until the Court rules
otherwise.
3.

In the absence of written permission from the District Attorney or his designee, or by an

order by the Court, any confidential information or documents obtained in accordance with the
provisions of paragraph 2 above shall not be disclosed to any person other than:
(i)

The Court and the employees thereof;

(ii)

Court reporters and stenographers engaged for the taking of testimony;

(iii)

Counsel for the parties to this action, including necessary secretarial, paralegal
and clerical personnel assisting such counsel;

(iv)

Experts and their staff who are employed for the purposes of this litigation but
who are not otherwise employed by, consultants to, or otherwise affiliated with a
party;

(v)

During the course of a deposition or trial testimony, any witness, potential
witness, deponent or potential deponent in this action. Any party may request that
the witness or deponent agree on the record to be bound by this order, and if the

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witness or deponent refuses, the requesting party may request a delay pending a
motion to the Court;
(vi)

Outside contractors hired to copy, index, sort, or otherwise manage the storage
and retrieval of such information, provided that the contractor is advised that the
documents are subject to a protective order; and

(vii)
4.

Any jurors or alternate jurors that may be empanelled for purposes of trial.

Confidential documents or information obtained in accordance with the provisions of

paragraph 2 above shall not be made available to any person designated in paragraph 3(iv)
through 3(vii) unless he or she shall have first read this Order and shall have agreed, by signing
an undertaking in the form of Exhibit A hereto. No person designated in paragraph 3(iv) through
3(vii) receiving confidential documents pursuant to this Order shall be permitted to retain
confidential documents or copies thereof in their possession.
5.

If the Court orders, or if the District Attorney or his designee agrees, that access to, or

dissemination of, documents or information obtained as confidential shall be made to persons not
included in paragraph 3 above, such matters shall only be accessible to, or disseminated to, such
persons based upon the conditions pertaining to, and obligations arising from this Order, and
such persons shall be considered subject to it.
6.

Any confidential documents or information submitted to the Court in connection with a

motion or other proceeding within the purview of this action shall be submitted under seal
pursuant to paragraph 2 above.
7.

If confidential documents or information obtained in accordance with paragraph 2 is

disclosed to any person other than in the manner authorized by this Protective Order, the party
responsible for the disclosure must immediately bring all pertinent facts relating to this

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disclosure to opposing counsel and the Court, and, without prejudice to other rights and remedies
of the other party, make every reasonable effort to retrieve any documents or information
disseminated and to prevent further disclosure by it or by the person who was the recipient of
such information.
8.

Upon final adjudication of this action, all confidential documents or information subject

to the provisions of this order (including any copies made and/or computer materials made or
stored) shall be (a) returned to the District Attorney or (b) the same (including copies made
and/or computer materials made or stored) shall be destroyed. Each party, however, shall be
permitted to retain copies of Court filings containing such documents, deposition transcripts and
all of their respective work product, which shall continue to be subject to the provisions of this
Order.
9.

The District Attorney shall produce the subpoenaed prosecution files and records.
12th
November
SO ORDERED, this the _____ day of _____________, 2013.

_______________________________________
LOUISE W. FLANAGAN
UNITED STATES DISTRICT JUDGE

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EXHIBIT A

UNDERTAKING TO BE BOUND
I, __________________________, declare as follows:
I acknowledge receipt of a copy of the Consent Protective Order (the “Protective Order”) dated
November 12
_________________, 2013 in Davis v. Town of Coats et al., filed in the United States District
Court for the Eastern District of North Carolina, Case no. No.: 5:12-CV-631-FL, and agree that
I:
(1) will comply with and be bound by its provisions with respect to any information
provided to me under the terms of this Protective Order;
(2) will not reveal any information provided to me under the terms of this Protective
Order to anyone other such persons designated in paragraph 3 of this Order; and
(3) will utilize such confidential information solely for purposes of this litigation.
I further understand that if I fail to comply with the terms of the Protective Order, I may
be subject to sanctions by the Court, and I consent to the jurisdiction of the above-referenced
Court for such purpose.
I declare under penalty of perjury under the laws of the United States that the foregoing is
true and correct.
DATED: __________________, 201__
_________________________________________________

Signature

_________________________________________________+

Printed Name

_________________________________________________

Address

_________________________________________________
_________________________________________________

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Position