Cole v. Wake County Board of Education

Filing 36

STIPULATED CONSENT PROTECTIVE ORDER - Signed by United States Magistrate Judge Robert T. Numbers, II on 7/3/2017. (Briggeman, N.)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
WESTERN DIVISION
No. 5:16-CV-765
WANZA COLE,
Plaintiff,
v.
WAKE COUNTY BOARD OF
EDUCATION,
Defendant.

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STIPULATED CONSENT
PROTECTIVE ORDER

Plaintiff and Defendant, pursuant to Federal Rules of Civil Procedure 26(b) and 26(c),
anticipating in this case the disclosure to each other of personnel records and information and
medical and/or financial information in initial disclosures and in response to discovery requests
and recognizing that the private and confidential nature of personnel records and information
must be safeguarded pursuant to N.C. Gen. Stat. §§115C-319, 115C-320, 115C-321, and 115C325, consent to disclose said documents and information upon the conditions set forth in this
Protective Order, which conditions are consented to by the parties.
IT IS THEREFORE ORDERED:
1.

That all records which are maintained by law or policy in the personnel files of

specific current and former employees of the Wake County Board of Education or in the files of
applicants for positions with Wake County Schools, which are provided to any party in the
above-captioned case, shall be covered by the terms of this Order.
2.

That all medical and/or financial records of plaintiff, which are provided to any

party in the above-captioned case, shall be covered by the terms of this Order.
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3.

That any party which provides documents subject to this Order shall label said

documents: “Confidential – Subject to Protective Order.” Each party retains the right to
challenge the confidential designation of any particular document and to have the Court
determine its proper designation. Notwithstanding the “confidential” designation, a party may
redact certain sensitive information within a particular document, such as social security
numbers, dates of birth, financial account information, etc. See Fed. R. Civ. P. 5.2. However, a
party may not redact any information regarding the name or identity of a potential witness, even
if such witness is a minor, or other legitimately discoverable information. The Protective
Order’s sealing provisions shall be deemed sufficient to protect any such confidential
information.
4.

Parties seeking to file or maintain under seal any documents labeled

“Confidential” in accordance with the provisions of this Protective Order shall comply with the
provisions of LCvR 6.1.
5.

Each time a party seeks to file under seal confidential documents, things, and/or

information, said party shall accompany the request with a motion to seal and a supporting
memorandum of law specifying (a) the exact documents, things, and/or information, or portions
thereof, for which filing under seal is requested; (b) where it is necessary for the court to
determine the source of the public’s right to access before a request to seal may be evaluated,
whether any such request to seal seeks to overcome the common law or the First Amendment
presumption to access; (c) the specific qualities of the material at issue which justify sealing such
material, taking into account the balance of competing interests in access; (d) the reasons why
alternatives to sealing are inadequate; and, (e) whether there is consent to the motion. Finally, in

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addition to the motion and supporting memorandum, said party must set out such findings in a
proposed order to seal for the court.
6.

Except as may be otherwise provided by further order of the Court, protected

information and documents designated as confidential (“confidential documents”), as well as the
matters contained therein and extracts and summaries thereof, shall be used for no other purpose
than prosecuting or defending this action and shall be disclosed only to the persons identified in
paragraph 7.
7.

Except as provided in paragraph 8, access to or use of protected information or

any confidential documents, or any part thereof, as well as matters contained therein, shall be
limited to:
a.

The Court;

b.

The parties and their officers, employees, and agents who are providing

assistance to counsel in this action;
c.

The attorneys of record for the parties, their associates, assistants,

employees, and agents who are providing assistance to counsel in this action;
d.

Mediators;

e.

Consultants and experts involved in the preparation of the trial of this

f.

Court reporters, their transcribers, assistants, and employees;

g.

Any deponent or trial witness to the extent that it is necessary to tender to

action;

such witness a confidential document in order to elicit testimony relevant to the matters at issue
in this case; and

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h.

Members of the jury to the extent that it is necessary for the jury to inspect

a confidential document.
8.

Absent a court order authorizing disclosure, no one subject to this Order shall

make public or disclose protected information or confidential documents to anyone other than
the persons listed in paragraph 7, provided that nothing herein shall preclude a witness, attorney,
or the Court from reading aloud or discussing the contents of a confidential document in open
court or at depositions. The terms of this Order shall apply to all persons listed in paragraph 7,
and counsel who grant any such person access to protected information or confidential
documents shall have an affirmative duty to furnish the person with a copy of this Order.
Individuals permitted access to protected information or confidential documents are hereby
ordered not to convey or otherwise reveal said information or documents – whether originals or
copies, in whole or in part – to anyone who would not otherwise have access to them under this
Order.
9.

It is specifically agreed that making confidential materials or documents available

for inspection, and the production of confidential information, materials or documents shall not
constitute a waiver by the parties of any claim of confidentiality, and the production of such
information, materials or documents shall not be considered as an acknowledgment that the
information, materials or documents may be admissible into evidence at the trial of this action.
10.

Nothing in this Protective Order shall require disclosure of material which the

conveying party contends is protected from disclosure by the attorney-client privilege, materials
produced in anticipation of litigation, or as constituting attorney work product materials.
11.

This Protective Order shall not prevent any party from applying to the Court for

relief therefrom, or from applying to the Court for further or additional protective orders, or from

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agreeing among themselves to modification of this Protective Order, subject to the approval of
the court.
12.

At the conclusion of this litigation, copies of confidential documents will be

retained by counsel in accordance with the Rules of the North Carolina State Bar. Following the
required period of retention, counsel shall either destroy or return to opposing counsel all
confidential documents or copies of confidential documents that have been produced subject to
this Protective Order. The ultimate disposition of protected materials shall be subject to a final
order of the Court upon completion of the litigation.
13.

Each party shall be responsible for its own mailing costs with regard to the return

of the documents provided pursuant to this agreement, or costs of destruction.
It is so ORDERED this _______ day of __________ 2017.
Dated: July 3, 2017
______________________________________
Robert T. Numbers, II
___________________________________
United States Magistrate Judge
Judge Presiding

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AGREED TO:
THARRINGTON SMITH, LLP

HAIRSTON LANE, P.A.

/s/ Colin A. Shive
Colin A. Shive
NC State Bar #43202
150 Fayetteville Street, Suite 1800
Post Office Box 1151
Raleigh, North Carolina 27602-1151
Telephone: [phone]
Facsimile: [phone]
E-mail: [e-mail]

/s/ James E. Hairston, Jr.
James E. Hairston, Jr.
NC State Bar # 19687
434 Fayetteville Street
Suite 2350
Raleigh, North Carolina 27602
Telephone: [phone]
Facsimile: [phone]
E-mail: [e-mail]

Attorneys for Defendant

Attorneys for Plaintiff

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