Wilcoxson v. Buncombe County et al

Filing 26

CONSENT PROTECTIVE ORDER. Signed by Magistrate Judge Dennis Howell on 11/26/13. (ejb)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
FILE NO. 1:13-cv-00224-MR-DLH
ROBERT WILCOXSON,

)
)
Plaintiff
)
)
v.
) CONSENT PROTECTIVE
)
ORDER
BUNCOMBE COUNTY, BOBBY MEDFORD, in his
)
individual and official capacity, SAM CONSTANCE, )
in his individual capacity, MICHAEL MURPHY, in )
his individual capacity, JOHN ELKINS, in his
)
individual capacity, UNKNOWN JOHN DOE
)
INVESTIGATORS, in the individual capacities, and )
UNKNOWN RICHARD ROE SUPERVISORS and
)
POLICYMAKERS, in their individual and official
)
And policymaking capacities,
)
)
Defendants
)
Pending before the Court is the Consent Motion for Protective Order [# 25].
Upon a review of the record and the parties’ motion, the Court GRANTS the
motion [# 25] and enters this Consent Protective Order negotiated by the parties.
NOW COMES Buncombe County, Bobby Medford, Sam Constance, George
Sprinkle, Michael Murphy, and John Elkins (hereafter “ the Defendants”), by and
through their respective undersigned counsel, Robert Wilcoxson, (hereinafter
“the Plaintiff”), by and through his undersigned counsel, and the North Carolina
Innocence Inquiry Commission (hereinafter “the Commission”) by its Executive
Director, and the North Carolina State Bureau of Investigation (hereafter “SBI”),
by and through its undersigned counsel, and the North Carolina State Crime
Laboratory ( hereafter “Laboratory”), by and through its undersigned counsel and
stipulate to the entry of this Protective Order, authorizing the release of the
Commission’s investigative file, which includes Laboratory file number R 2000

24857, and SBI file number 2000-03156, to the attorneys for Plaintiff and
Defendants. The terms of this Consent Protective Order shall be as follows:
1.
Except as may be otherwise provided by further order of this Court,
all documents and /or materials disclosed pursuant to this ORDER shall be used
only in connection with litigation in the above referenced caption and shall be
disclosed only to the following persons:
a. Parties and counsel for all parties, including attorneys and their
respective staffs;
b. Consultants and experts involved in this litigation;
c. Any potential witness in this litigation, to the extent that it is necessary
to tender to such witness a confidential document in order to elicit
information relevant to the matters at issue in said litigation;
d. Court reporters, their transcribers, assistants and employees;
e. Any mediator designated by the Court or the parties to mediate this
matter with the parties;
f. Any adjuster, claim representative or legal counsel working for an
Insurance Company contractually responsible for providing a legal
defense to or indemnifying any of the Defendants pursuant to insurance
policies purchased by Defendant Buncombe County; and
g. All other persons to whom disclosure may be necessary to prosecute or
defend this litigation.
2.
The individuals and entities that are provided a copy of the
Commission’s investigative file are hereby ordered not to show, convey or
reproduce any documents so designated, any parts or copies thereof, or any
matter contained therein, to include extracts or summaries, to any individual or
entity that would not otherwise have access to said documents, materials, or
information under the provisions of this Protective Order. The parties may make

copies of documents contained in the Commission’s investigative file for their
own use in this litigation.
3.
The Parties may provide copies of material contained in the
Commission’s investigative file to the persons identified in paragraph 1 above,
provided that such persons agree that they will keep such material confidential.
4.
The production or disclosure of the Commission’s investigative 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
grounds other than confidentiality, in this litigation.
5.
All information and materials derived from the Commission’s
investigative file shall be used by the parties only in connection with the litigation
of this matter and shall not be used or disclosed to or by any person for any other
purpose, except as provided herein.
6.
The parties are responsible for notifying any person who is provided
any portion of the Commission’s investigative file of the terms of this Protective
Order. The parties shall keep a record of all persons to whom such disclosures
are made.
7.
It is specifically agreed that making the materials or documents
available for inspection and the production of the materials or documents shall
not constitute a waiver by the parties or the Commission of any claim of
confidentiality, and the production of such materials or documents shall not be
considered as an acknowledgment that the materials or documents may be
admissible into evidence at the hearing of this matter.
8.
Upon final adjudication of this action, the disposition of all
confidential information subject to the provisions of this Order (including any
copies made and/or computer materials made or stored) shall be subject to
further Order of this Court.
9.
This Protective Order shall not prevent the parties, counsel for the
SBI and Laboratory, or the Commission from applying for relief from this
Protective Order, or from applying for further or additional Protective Orders, or

from agreeing between themselves to modification of this Protective Order, with
the concurrence of the Commission and subject to the approval of the parties.
10. This Protective Order shall not apply to documents or materials that
have otherwise become public records pursuant to N.C.G.S. 15A-1468(e), or that
have been lawfully obtained from a source other than the Innocence
Commission’s files.

Agreed to this the 20th day of November 2013.
/s/ Curtis W. Euler
Curtis W. Euler, NCSB # 22043
Buncombe County Attorneys’ Office
Attorney for Defendant Buncombe County
59 Woodfin Place, Suite 100
Asheville, NC 28801
Phone:
[phone]
Telefax:
[phone]
Email: [e-mail]
/s/ Joseph P. McGuire
__
Joseph P. McGuire, NCSB #6739
McGuire, Wood & Bissette, P.A.
Attorney for Defendants Sam Constance
and John Elkins

48 Patton Avenue, Drhumor Building
Asheville, NC 28801
Telephone: [phone]
Telefax:
[phone]
Email:
[e-mail]
/s/ Ervin L. Ball, Jr.
Ervin L. Ball, Jr., NCSB # 185
Ball, Barden & Bell, P.A.
Attorney for Defendant George Sprinkle
Post Office Box 7157
Asheville, NC 28802
Telephone: [phone]
Telefax:
[phone]
Email:
[e-mail]
/s/ Thomas J. Doughton
Thomas J. Doughton, NCSB # 16611
Doughton Rich Blancato
Attorney for Defendant Michael Murphy
633 West 4th Street, Suite 150
Winston-Salem, NC 27101
Telephone: [phone]
Email:
[e-mail]
/s/ Sean F. Perrin
Sean F. Perrin, NCSB # 22253
Womble Carlyle Sandrich & Rice
Attorney for Defendant Bobby Medford, in
his Official Capacity
One Wells Fargo Center, Suite 3500
301 South College Street
Charlotte, NC 28202
Telephone: [phone]
Email:
[e-mail]
/s/ Patrick H. Flanagan

Patrick H. Flanagan, NCSB # 17407
Cranfill Sumner and Hartzog
Attorney for Defendant Bobby Medford, in
his Individual Capacity
2907 Providence Road, Suite 200
Charlotte, NC 28211
Telephone: [phone]
Email:
[e-mail]
/s/ John T. Jefferies___________________
John T. Jefferies
NC State Bar No: 22134
Attorney for Coregis/Westport
McAngus, Goudelock & Courie, P.L.L.C.
Post Office Box 30307
Charlotte, North Carolina 28230
Telephone: [phone]
Facsimile: [phone]
Email:
[e-mail]
/s/ David S. Rudolf
David S. Rudolf, NCSB # 8587
Christopher C. Fialko, NCSB # 19010
Rudolf Widenhouse & Fialko
Attorneys for Plaintiff
225 East Worthington Avenue, Suite 200
Charlotte, NC 28203
Telephone: [phone]
Telefax:
[phone]
Email:
[e-mail]
/s/ Kendra Montgomery-Blinn ___
Executive Director, NCSB# 31693
North Carolina Innocence Inquiry
Commission

P.O. Box 2448
Raleigh, NC 27602
Telephone: [phone]
Telefax:
[phone]
Email:
[e-mail]
/s/ J. Joy Strickland, NCSB# 25695
Attorney for the State Crime Laboratory
121 East Tryon Road
Raleigh, North Carolina 27603
Telephone: [phone]
Telefax:
[phone]
Email: [e-mail]

/s/ Angel E. Gray, NCSB# 24257
Attorney for the State Bureau of
Investigation
3320 Garner Road
Raleigh, North Carolina 27610
Telephone: [phone]
Telefax:
[phone]
Email: [e-mail]