Justice, et al v. Greyhound Lines, Inc., et al

Filing 28

CONSENT PROTECTIVE ORDER - Signed by District Judge Louise Wood Flanagan on 6/23/2016. (Baker, C.)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
WESTERN DIVISION
NO. 5:16-cv-132-FL
DAVID CHRISTOPHER JUSTICE and
LISA JUSTICE,
Plaintiffs,
CONSENT PROTECTIVE ORDER
v.
GREYHOUND LINES,INC.
and J.L. ROBINSON,
Defendants.

COME NOW, Plaintiffs David Christopher Justice and Lisa Justice, Defendants
Greyhound Lines, Inc. and J.L. Robinson, and the North Carolina Department of Public Safety
("DPS"), and jointly petition this Court pursuant to N.C. Gen. Stat. § 131-1.4 for entry of a
Consent Protective Order.
BACKGROUND
This is a contested liability case arising from a motor vehicle accident that occurred on
December 24, 2014 involving a Greyhound bus and a Chevy Tahoe owned by the North Carolina
State Highway Patrol ("NCSHP") and operated by Trooper David Justice. On March 7, 2016,
Defendants served a subpoena on DPS seeking the NCSHP's investigative file regarding the
accident in question. DPS produced some file materials but objected to producing other
documents on grounds that a criminal proceeding stemming from the same accident is still
ongoing. Now, both Plaintiffs and Defendants are seeking the complete investigative file from
the NCSHP and DPS. Because this Court has entered a discovery scheduling order, and the
parties have agreed to a discovery deadline, the parties submit this Consent Protective Order as
an alternative to avoid filing a Motion to Compel.
ORDER
Pursuant to this Consent Protective Order, on or before June 10, 2016 the NCSHP and
DPS shall produce the entire investigative file related to the subject accident identified by
Accident Report #104283022. Any information contained in said file shall be used solely for the
pending litigation, and shall not be used or disclosed by counsel for any other purpose, and shall
not be distributed publically. Nothing in this Order, however, shall prevent Plaintiffs or
Defendants from using such material for any purpose in prosecuting or defending litigation
related to the December 24, 2014 accident described in the Complaint.

raday of Soe,e.

Dated this Z

, 2016.

CONSENTED:
DEPARTMENT OF PUBLI

AFETY

Deph P. Dugdale
Chief Deputy General Counsel
4201 Mail Service Center
Raleigh, NC 27699-4201
Attorneyfor DPS

ian Beverly
oung, Moore & Hend
P.O. Box 31627
Raleigh, NC 27622
919-782-6860
Attorneyfor Defendants

JAMES

OY & DIEHL,P.A.

J. Ale
er Heroy
600 S
College St.
Charlot e, NC 28202
704-372-9870
Attorneyfor Plaintiff

CONSENT PROTECTIVE ORDER
Per the consent ofthe parties, it is SO STIPULATED AND ORDERED.
This the 23rd day of

June , 2016.
The Honorable Louise W. Flanagan
United States District Court Judge

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