MCFADYEN et al v. DUKE UNIVERSITY et al

Filing 413

SUPPLEMENT re #284 Protective Order Corrected Supplement to Protective Order on Confidentiality (Stipulated/Consented to by All Parties) by Defendant THE CITY OF DURHAM, NORTH CAROLINA. (GILLESPIE, REGINALD)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF NORTH CAROLINA
CIVIL ACTION NO. 1:07-CV-00953

RYAN MCFADYEN, et al.,
Plaintiffs,
v.

DUKE UNIVERSITY, et al.,
Defendants.

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STIPULATED SUPPLEMENT TO
PROTECTIVE ORDER
ON CONFIDENTIALITY

Pursuant to the Court's pretrial and scheduling order entered May 27, 2014 (Doc.
409), the Protective Order on Confidentiality entered July 24, 2012 (Doc. 284) (the
"Protective Order") is hereby supplemented as follows:
A.

Defendant the City of Durham, North Carolina (the "City"), is hereby added

to Paragraph 1 of the Protective Order as a party to the Protective Order, and all
references to the "Parties" or the "parties" therein shall be deemed to include the City.
Consequently, and for purposes of Paragraph 13 of the Protective Order, City personnel
who require access to material designated as Confidential Information in order to assist in
or evaluate this Litigation may have access to such material, and counsel of record to the
City and their associated personnel, as associated personnel are described in Paragraph
13.c of the Protective Order, may have access to material designated as Confidential
Information, provided that such persons orally agree to abide by the terms and provisions
of the Protective Order. By gaining access to documents and other materials that are
maintained and made available solely for review by other parties in or witnesses to this

Litigation, neither the City nor any of its agents become custodians of such documents or
materials. The Parties agree and acknowledge that all documents and other materials that
are made available for review to the City by other parties or witnesses during the course
of this Litigation shall be deemed to remain in the custody of the producing party or
witness.
B.

Although the City is not a "newly-added party", to the extent the provisions

of Paragraph 20 of the Protective Order are applicable to the circumstances surrounding
the entry of this Supplement to Protective Order on Confidentiality, the signature below
of counsel to the City shall constitute any signature of the City or its counsel that is
required pursuant to Paragraph 20 of the Protective Order.
C.

Documents, as defined in Paragraph 2 of the Protective Order, that reflect

or contain any of the following information are hereby added to the specific examples of
Confidential Information set forth in Paragraph 3 of the Protective Order: criminal
investigative records and files; employee personnel records as defined by N.C. Gen. Stat.
§ 160A-168; and records and information not deemed public records under the North
Carolina Public Records Act, N.C. Gen. Stat. § 132-1 et seq. The inclusion of the
foregoing specific examples of Confidential Information shall not be construed to
preclude designation of other information contemplated by Fed. R. Civ. P. 26(c) and/or
Paragraph 3 of the Protective Order to be Confidential Information, as Confidential
Information pursuant to the Protective Order.
D.

Paragraph 12 is hereby supplemented by the addition of the following as

the last sentence thereof:
Notwithstanding the foregoing, no information that is not a public record
prior to production or disclosure shall become a public record by reason of its
production or disclosure, under any circumstance and regardless of whether such
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production or disclosure is in compliance with this Protective Order or not; and
under no circumstance may any person, including any person associated with the
City, disclose or produce any information that is not a public record to any other
person, and thereby change the status of such information to a public record,
regardless of whether such production or disclosure is in compliance with this
Protective Order or not.
This the 30th day of May, 2014.
EKSTRAND & EKSTRAND, P.A.
/s/ Robert C. Ekstrand
By: /s/ Stephanie Sparks Smith
Robert C. Ekstrand
North Carolina State Bar No. 26673
Stephanie Sparks Smith
North Carolina State Bar No. 42345
110 Swift Avenue, Second Floor
Durham, North Carolina 27705
Telephone: [phone]
Fax: [phone]
E-mail: [e-mail]
E-mail: [e-mail]

ELLIS & WINTERS, PLLC

By: /s/ Dixie T. Wells
Dixie T. Wells
North Carolina State Bar No. 26816
333 North Greene Street, Suite 200
Greensboro, North Carolina 27401
Telephone: [phone]
Fax: [phone]
E-mail: [e-mail]

Attorneys for Plaintiffs

Attorneys for Duke Defendants

ELLIS & WINTERS, PLLC

WILSON & RATLEDGE, PLLC

By: /s/ Paul K. Sun, Jr.
Paul K. Sun, Jr.
North Carolina State Bar No. 16847
1100 Crescent Green, Suite 200
Cary, North Carolina 27518
Telephone: [phone]
Fax: [phone]
E-mail: [e-mail]

By: /s/ Reginald B. Gillespie, Jr.
Reginald B. Gillespie, Jr.
North Carolina State Bar No. 10895
4600 Marriott Drive, Suite 400
Raleigh, North Carolina 27612
Telephone: [phone]
Fax: [phone]
E-mail: [e-mail]

Attorneys for Duke Defendants

Attorneys for the City of Durham, North
Carolina

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ORDER
The foregoing Stipulated Supplement to Protective Order on Confidentiality is
hereby approved and this Court's Protective Order on Confidentiality entered July 24,
2012 (Doc. 284) is hereby deemed supplemented as set forth above.
This the

day of June, 2014.

United States Magistrate Judge

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