Rhodes v. Buncombe County et al

Filing 23

CONSENT PROTECTIVE ORDER FOR RELEASE OF SBI FILES IN CASE NUMBER 2013-01583. Signed by Magistrate Judge David Keesler on 11/15/2016. (kby)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
CIVIL ACTION NO. 1:16-CV-279-DCK
NATHANIEL ALAN ROSS
RHODES, JR.,
Plaintiff,
v.
BUNCOMBE COUNTY; JACK
VAN DUNCAN, in his individual
and official capacities; WESTERN
SURETY COMPANY; and,
CHARLES SAMUEL KIELSON,
in his individual and official
capacities,
Defendants.

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CONSENT PROTECTIVE
ORDER FOR RELEASE OF SBI
FILES IN CASE NUMBER 201301583

Nathaniel Alan Ross Rhodes, Jr, Buncombe County, Jack Van Duncan,
Western Surety Company, and Charles Samuel Kielson (collectively “the Parties”),
and the North Carolina State Bureau of Investigation (“SBI”) stipulate to the entry
by the Court of this Protective Order allowing release of the SBI investigative reports
of case number 2013-01583.
Counsel for the Parties, and the SBI stipulate and agree to the following
statement of facts that authorize the Court’s entry of the Protective Order pursuant
to N.C. Gen. Stat. § 132-1.4.
1.
The Parties have requested the release of the SBI investigative materials
identified above.

2.
The Parties and the SBI agree that these reports and files may be material and
relevant to the subject matter involved in a potential civil action.
3.
The requested SBI files are confidential materials that are exempt from public
records disclosure requirements pursuant to the provisions of N.C. Gen. Stat. § 1321.4, and subject to release only by the order of a court of competent jurisdiction.
4.
The Parties and the SBI further agree that production of the SBI materials
should be made pursuant to the conditions of this stipulated Protective Order.
5.
Except as may be otherwise provided by further order of the Court, documents
identified as confidential SBI investigative materials from the investigation into the
investigation of Nathaniel Alan Ross Rhodes Jr. (hereafter “SBI Documents”) shall
be used for no purpose other than prosecuting or defending this action and shall not
be used or disclosed by any person for any other purpose, except as provided herein.
6.
Access to and the use of any SBI Documents, or any part thereof, shall be
limited to the following qualified persons/entities:
a.
The Parties and their attorneys of record, and their legal assistants, other
staff members, and law student clerks; insurers, their agents and employees; outside
companies engaged by the Parties’ attorneys to photocopy such documents; officers,
managers, owners or employees of the Parties who provide material assistance in the
legal representation of the Parties.
b.
A deponent in the action (during a deposition or in preparation
therefore) when the confidential SBI Documents are materially related to the
questions asked to or testimony of such deponent;
c.
d.
action;
e.

Mediators;
Consultants and technical experts involved in the preparation of this
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 such witness as an exhibit a confidential SBI Document in order
to elicit testimony relevant to the matters at issue in this case;
g.

The jury and trier of fact.

7.
The above individuals and entities that are permitted access to the SBI
Documents 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 Protective
Order.
8.
Counsel may make copies of the SBI Documents for the Parties’ experts upon
receiving from said experts a written agreement that they will be bound by the terms
of this Protective Order. The requirement of obtaining such an agreement shall be
satisfied by having each of the Parties’ experts read, acknowledge, and agree in
writing to be bound by this Protective Order. A file of all such written
acknowledgments shall be maintained by the Parties’ counsel. By signing the
declaration agreeing to be bound by this Protective Order, each of the Parties’
experts submits himself or herself to the jurisdiction of the Court for purposes of
enforcement of this Protective Order.
9.
Counsel for the Parties are responsible for notifying any person who is
provided access to information or material from the SBI Documents of the terms of
this Protective Order. Counsel shall keep a record of all persons to whom disclosures
or access are made.
10. Any materials and documents contained within the SBI Documents that are
deemed confidential, pursuant to North Carolina General Statute or case law, may
be released to the persons and Court as listed herein, only if the materials and
information are filed in sealed containers containing a general description of the
contents and a statement that the contents are confidential and may be revealed only
by the Court or upon prior written consent of counsel for the SBI.
11. The administrative staff of the Court shall maintain such sealed containers
intact and unopened except as otherwise directed by the Court. However, such
information shall continue to be available to the Court and to those persons listed in
this Protective Order.
12. Each person who reviews or receives access to the confidential SBI
Documents described herein submits himself or herself to the personal jurisdiction
of the Court, wherever he or she shall be, for the enforcement of this Order.
13. It is specifically agreed that making the SBI Documents available for
inspection and the production of such documents shall not constitute a waiver or

agreement by the Parties or the SBI regarding any claim of confidentiality or of the
admissibility of such documents into evidence at the trial of this action.
14. This Protective Order shall not prevent the Parties or the SBI from applying
to the Court for relief from this Protective Order or from applying to the Court for
further or additional protective orders, or from agreeing between themselves to
modification of this Protective Order, with the concurrence of the SBI and subject
to the approval of the Court.
15. Subject to final disposition by the Court, the Parties would request that all
originals and copies of the SBI Documents be returned to the SBI at the conclusion
of the action, with a certification that no other copies exist, and that all copies have
been duly returned in compliance with this Order.

SO STIPULATED:

DATED:

11/15/16
s/Angel Gray
Counsel for State Bureau of Investigations

DATED:

11/15/16
s/ Matt Holloway
Counsel for Plaintiff

DATED:

11/15/16
s/ Sean F. Perrin
Counsel for Jack Van Duncan and Western
Surety Company

DATED:

11/15/16
s/ J. Brandon Freeman
Counsel for Buncombe County

DATED:

11/15/16
s/ Thomas J. Doughton
Counsel for Charles Kielson

APPROVED AND SO ORDERED:

Signed: November 15, 2016