Grission v. City of Fayetteville et al

Filing 21

CONSENT PROTECTIVE ORDER signed by US District Judge Terrence W. Boyle on 12/3/2014. (Fisher, M.)

UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
WESTERN DIVISION
Civil Action No. 5: 14-cv-272

MARDINA M. GRISSION,
ADMINISTRATRIX FOR THE ESTATE
OF ROMAN LEE DRAKE,
Plaintiff,

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v.

THE CITY OF FAYETTEVILLE, TOM
BERGAMINE, SHEILA THOMAS AND
JONATHAN FISHER,
Defendants.

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STIPULATION/CONSENT
PROTECTIVE ORDER

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The parties in this case, by and through their undersigned counsel, and the North Carolina
State Bureau of Investigation (hereinafter referred to as "NCSBI"), by and through its
undersigned counsel, stipulate to the entry of this Consent Order upon approval from the Court
allowing the release of NCSBI File I Case No. 2012-00781-778 to counsel for the parties.
1.

The parties, in the course of this action, have requested the release of the SBI
investigative file into the death of Plaintiff's decedent, Roman Lee Drake.

2.

The SBI investigative file appears to be material and relevant to the subject matter
involved in this matter.

3.

The following definitions apply herein:
a.

"SBI Report" refers to the materials contained in SBI File No. 2012-00781-778,
the related laboratory reports and findings, and any photographs taken in
conjunction with the investigation into the aforementioned death.

1818555vl

b.

"Document" means all writings, drawings, graphs, chmts, recordings, and
any other documents as defined in Rule 34 of the Federal Rules of Civil
Procedure.

c.

"Material" means any document, any answer to any interrogatory or other
discovery request in this action, any portion of any deposition (including
deposition exhibits) in this action, and any other information produced,
given, or filed in this action.

d.
4.

"Parties" means Plaintiff and Defendants in this action.

Counsel for the SBI, after reviewing this file and related documents, has determined that
the SBI has no objection to producing the SBI Report to the parties for the following
reasons:
a.

No policy reason exists for denial of the request of the parties for
production of this material.

b.

There is no prejudice to the SBI by releasing this material.

c.

There are no identities of persons contained in this material which need to
be protected, and

d.

Any criminal investigation which might have been the subject of this file
has been concluded.

5.

Except as may be otherwise provided by further order of the Court, documents contained
within the SBI Report shall be used for no purpose other than prosecuting or defending
this action and shall be disclosed only to the persons identified below.
a.

The Court and its staff.

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b.

The parties and attorneys of record for the parties, and their legal
assistants; other staff members, and law student clerks; insurers, their
agents and employees; outside companies engaged by attorneys for the
parties to photocopy such documents.

c.

Any potential or actual deposition or trial witness when the documents are
materially related to the questions asked to or testimony of such witness.

d.

Mediators.

e.

Consultants and technical experts involved in the preparation of this
action.

f.
g.
6.

Court reporters, their transcribers, assistants and employees.
The jury and trier of fact.

In addition, the above individuals and entities that are permitted access to the NCSBI
file materials and information are hereby ordered not to show, convey or reproduce any
documents so designated or parts thereof, or copies thereof, or any matter contained
therein, or any extracts or summaries thereof, to any individual, or to any entity that
would not otherwise have access to said documents under the provisions of this
Protective Order, except to the qualified persons listed above.

7,

The parties are responsible for notifying any person who is provided any portion of the
NCSBI investigative file of the terms of this Protective Order. The parties shall keep a
record of all persons to whom such disclosures are made.

8.

Counsel may make copies of material contained within the NCSBI file for Plaintiff's or
Defendants' experts upon receiving from said experts a written agreement that the experts
will be bound by the terms of this Protective Order. The requirement of obtaining such

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an agreement shall be satisfied by having each of Plaintiff's or Defendants' experts read,
acknowledge and agree in writing to be bound by this Protective Order. A file of all such
written acknowledgments shall be maintained by Plaintiff's and/or Defendants' counsel.
By signing the declaration agreeing to be bound by this Protective Order, each of
Plaintiff's or Defendants' experts submits himself or herself to the jurisdiction of the
Court for purposes of enforcement of this Protective Order.
9.

The production or disclosure of documents and materials in the NCSBI file, pursuant to
the terms of this Order, shall not waive or prejudice the right of any party to object to the
production or admissibility of documents or information on any applicable grounds.

10

This Protective Order shall not apply to documents or materials that have otherwise
become public records pursuant to North Carolina law, or that have been lawfully
obtained from a source other than the NCSBI file materials.

11.

This Protective Order shall not prevent any party, or the NCSBI, from applying to the
Court for relief from this Protective Order or from applying to the Court for further or
additional Protective Orders, or from agreeing between themselves to modification of this
Protective Order, with the concurrence of the NCSBI and subject to the approval of the
Court.

12.

At the conclusion of this litigation, each document produced by the NCSBI and subject to
this Protective Order shall be returned to the NCSBI for destruction or otherwise
destroyed in a manner approved by the NCSBI.

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SO ORDERED, this the-----'---- day of

Approved and Entered by:

Date
Eastern District North Carolina

AGREED TO BY:

Is/ Angel Gray
Angel Gray
N.C. State Bar No. 24257
P.O. Box 29500
Raleigh, North Carolina 27626
E-mail: [e-mail]
Legal Counselfor the North Carolina
State Bureau of Investigation

Is! Kari R. Johnson
KARl R. JOHNSON
N.C. State Bar No. 16033
E-mail: [e-mail]
Cranfill Sumner & Hartzog LLP
Post Office Box 27808
Raleigh, North Carolina 27611-7808
Attorneys for Defendants

Is/ Coy E. Brewer, Jr.
COY E. BREWER JR.
N.C. State Bar No. 481
E-mail: [e-mail]
Post Office Box 2249
Telephone: [phone]
Fayetteville, North Carolina 28302
Attorney for Plaintiff

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~ IMd.

,2014.