Graham v. Bernard et al

Filing 42

CONSENT ORDER for Production of State Bureau of Investigation File. Signed by Chief Judge James C. Dever III on 11/4/2016. (Briggeman, N.)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
SOUTHERN DIVISION
ANTOINE L. GRAHAM,

)
)

Plaintiff,

v.

)
)

NO. 7:16-CV-257-D

)

ANTHONY J. BERNARD, in his individual and official capacity;
JAMES A. MAROLDT, in his individual and official capacity;
MICHAEL A. PIKE, in his individual and official capacity;
JASON M. SPIVEY, in his individual and official capacity;
BRIAN D. MEDLIN, in his individual and official capacity;
JOSEPH M. CHERRY, in his individual and official capacity;
JOHN A. ROGERS, in his individual and official capacity;
LARRY D. BRANCH, in his individual and official capacity;
BRUNSWICK COUNTY SHERIFF JOHN W. INGRAM, in his
individual and official capacity; and JOHN/JANE DOES 1-5,
Defendants.

)
)

)
)
)
)
)
)
)
)
)
)

**********************************************************
JERRY 0. MELVIN,
Plaintiff,

v.
ANTHONY J. BERNARD, in his individual and official capacity;
JAMES A. MAROLDT, in his individual and official capacity;
MICHAEL A. FIKE, in his individual and official capacity;
JASON M. SPIVEY, in his individual and official capacity;
BRIAN D. MEDLIN, in his individual and official capacity;
JOSEPH M. CHERRY, in his individual and official capacity;
JOHN A. ROGERS, in his individual and official capacity;
LARRY D. BRANCH, in his individual and official capacity;
BRUNSWICK COUNTY SHERIFF JOHN W. INGRAM, in his
individual and official capacity; and JOHN/JANE DOES 1-5,
Defendan~.

)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)

NO. 7:16-CV-275-D

JOINT STIPULATION AND CONSENT ORDER FOR PRODUCTION OF
STATE BUREAU OF INVESTIGATION FILE

..--....._
("

',

Plaintiffs, Defendants; and the North Carolina State Bureau of Investigation (hereinafter
"SBI") stipulate to the entry of this Joint Stipulation and Consent Order allowing release of the
SBI File No. 2013-01164 (1001), regarding the investigation of Plaintiffs' allegations of
deprivation of Fourth and Fourteenth Amendment rights (1) against unreasonable
seizure/restraint, (2) to life, safety, .and personal security, and (3) deliberate indifference to
constitutional rights as policy-maker (Sheriff Ingram only); assault and battery; negligence and
willful and wanton conduct; and malicious prosecution, to counsel for Plaintiffs and for
Defendants.
Counsel for the parties and counsel for the SBI further stipulate and agree to the
following statements of facts, which authorize this Court's entry of the Joint Stipulation and
Consent Order:
1.

The SBI file material is relevant to the subject matter involved in the cases before

this Court.
2.

Counsel for the SBI, after reviewing this ·file and related documents, has

determined that she has no objection to turning over the SBI file material requested to counsel
for Plaintiffs and Defendants in response to the parties' request for the following reasons:
A.

No policy reasons exist for denial of the parties' request for production of

these materials;
B.

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

C.

There are no identities of persons contained in the materials which need to

be protected;
D.

Any criminal investigation which might have been the subject of this SBI

file has been concluded; and

2

E.

The interests of the State of North Carolina are not prejudiced in any way

by the release of these materials to counsel for Plaintiffs and Defendants.
3.

Except as may be otherwise provided by further Order of the Court, documents

contained within the SBI file produced pursuant to this Joint Stipulation and Consent Order shall
be used for no purpose other than prosecuting or defending this action and shall be disclosed
only to the persons identified in paragraph 4 below.
4.

Access to and the use of any documents, or any part thereof, of the SBI file shall

be limited to:
A.

the Court;

B.

the parties and attorneys of record for the parties;

C.

court-appointed mediators;

D.

consultants and technical experts involved in the preparation of this action;

E.

court reporters, their transcribers, assistants, and employees;

F.

any potential or actual deposition or trial witness to the extent that it is

necessary to tender to such witness as an exhibit a confidential document in order to elicit
testimony relevant to the matters at issue in this case; and
G.
5.

thejury.

Counsel may make copies of the SBI file material for Plaintiffs' or Defendants'

experts upon re.ceiving from said experts a written agreement that they will be bound by the
terms of this Joint Stipulation. and Consent Order. The requirement of obtaining such an
agreement shall be satisfied by having each of Plaintiffs' or Defendants' experts read,
acknowledge, and agree in writing to be bound by this Joint Stipulation and Consent Order. A
file of all such written acknowledgments shall be maintained by Plaintiffs' and/or Defendants'
counsel. By signing the declaration agreeing to be bound by this Joint Stipulation and Consent
3

Order, each of Plaintiffs' or Defendants' experts submits himself or herself to the jurisdiction of
this Court for purposes of enforcement of this Joint Stipulation and Consent Order.
6.

Individuals who are permitted access to the SBI materials pursuant to paragraph 4

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 Joint Stipulation and Consent Order. The records shall not be further
copied in any manner without permission of the Court, and all original and allowed copies
thereof shall be returned to the State Bureau of Investigation at the conclusion of this action with
a certification that no other copies exist and that all copies have been duly returned in
compliance with this Order.
7.

At the conclusion of this litigation, each document produced by the SBI pursuant

to this Joint Stipulation and Consent Order which is subject to this Joint Stipulation and Consent
Order shall be returned to the SBI for destruction.
This the _i__ day of Nove.glu. , 2016.

AGREED TO:

,Q

Angel Gray
Post Office Box 29
Raleigh, North Carolina 27656
Telephone: [phone], Ext. 6211
Facsimile: [phone]
E-mail: [e-mail]
Attorney for North Carolina
State Bureau ofInvestigation
4

CONSENTED TO:

L. Coble
N.C. State Bar No. 12903
Matthew B. Davis
N.C. State Bar No. 32648
Marshall, Williams ~ Gorham, LLP
Post Office Drawer 2088
Wilmington, NC 28402-2088
Telephone: [phone]
[phone]
Facsimile: [phone]
E-Mail: [e-mail]
[e-mail]

Brian E. Edes
Crossley, Mcintosh, Collier, Hanley & Edes
5002 Randall Parkway
Wilmington, NC 28403
Telephone: [phone]
Facsimile: [phone]
E-Mail: [e-mail]

Attorney for Defendant-Anthony J. Bernard

Attorneys for Plaintiffs

t-~-~

Christopher J. Geis
N.C. State Bar No. 25523
Sonny S. Haynes
N.C. State Bar No. 41303
Patrick G. Spaugh ·
N.C. State Bar No. 49532
Womble Carlyle Sandridge & Rice, LLP
One West Fourth Street
Winston-Salem, NC 27101
Telephone: [phone]
Attorney for Defondants James A. Maroldt,
Facsimile: [phone]
Michael A. Fike, and Jason M Spivey
E-mail: [e-mail]
[e-mail]
[e-mail]

Scott C. Hart
Sumrell, Sugg, Carmichael, Hicks & Hart, P .A.
416 Pollock Street
Post Office Box 889
New Bern, NC 28563
Telephone: (252) .633-3131
Facsimile: [phone]
:&Mail: [e-mail]

Attorneys for Defendants Brian D. Medlin,
Joseph M Cherry, John A. Rogers, Larry D.
Branch, and John W: Ingram

5

(\

_C_O_N-SE_NTE_D_T_O_=_____________
__

~--=~J~~~--~~~~~~~-------

John L. Coble
N.C. State Bar No. 12903
Matthew B. Davis
N.C. State BarNo. 32648
Marshall, Williams & Gorham, LLP
Post Office Drawer 2088
Wilmington, NC 28402-2088
Telephone: [phone]
[phone]
Facsimile: [phone]
E-Mail: [e-mail]
[e-mail]

Brian E. Edes
Crossley, Mcintosh, Collier, Hank~y & Edes
5002 Randall Parkway
Wilmington, NC 28403
Telephone: [phone]
Facsimile: [phone]
E-Mail: [e-mail]

Attorney for Defendant Anthony J. Bernard

Attorneys for Plaintiffs

Christopher J. Geis
Scott C. Hart
Sumrell, Sugg, Carmichael, Hicks & Hart, P .A. N.C. State Bar No. 25523
Sonny S. Haynes
416 Pollock Street
N.C. State Bar_ No. 41303
Post Office Box 889
Patrick G. Spaugh
New Bern, NC 28563
N.C. State Bar No. 49532
Telephone: [phone]
Womble Carlyle Sandridge & Rice, LLP
Facsimile: [phone]
One West Fourth Street
E-Mail: [e-mail]
Winston-Salem, NC 27101
Telephone: [phone]
Attorney for Defendants James A. Maroldt,
Facsimile: [phone]
Michael A. Fike, and Jason M Spivey
E-mail: [e-mail]
[e-mail]
[e-mail]

Attorneys for Defendants Brian D. Medlin,
Joseph M Cherry, John A. Rogers, Larry D.
Branch, and John W Ingram

5

CONSENTED TO:

John L. Coble
N.C. State Bar No. 12903
Matthew B. Davis
N.C. State Bar No. 32648
Marshall, Williams & Gorham, LLP
Post Office Drawer 2088
Wilmington, NC 28402-2088
Telephone: [phone]
[phone]
Facsimile: [phone]
E-Mail: [e-mail]
[e-mail]

Brian E. Edes
Crossley, Mcintosh, Collier, Hanley & Edes
5002 Randall Parkway
Wilmington, NC 28403
Telephone: [phone]
Facsimile: [phone]
E-Mail: [e-mail]

Attorney for Defendant Anthony J. Bernard

Christopher J. Geis
N.C. State Bar No. 25523
Sonny S. Haynes
N.C. State BarNo. 41303
Patrick G. Spaugh
N.C. State Bar No. 49532

Sco C. Hart
Sumrell, Su g;·carmichael, Hicks & Hart, P.A.
416 Pollock Street
Post Office Box 889
New Bern, NC 28563
Telephone: [phone]
Facsimile: [phone]
E-Mail: [e-mail]

Womble Carlyle Sandridge & Rice;LLP

One West Fourth Street
Winston-Salem, NC 27101
Telephone: [phone]
Facsimile: [phone]
E-mail: [e-mail]
[e-mail]
[e-mail]

Attorney for Defendants James A. Maroldt,
Michael A. Fike, and Jason M. Spivey

Attorneys for Defendants Brian D. Medlin,
Joseph M. Cherry, John A. Rogers, Larry D.
Branch~ and John W. Ingram

5