Turner v. McDonald et al
Filing
7
CONSENT PROTECTIVE ORDER FOR HENDERSON COUNTY PERSONNEL FILES AND MEDICAL INFORMATION. Signed by Magistrate Judge Dennis Howell on 3/29/2018. (ejb)
UNITED STATED DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
1:17 cv 334
GEOFFREY TURNER,
Plaintiff,
v.
HENDERSON COUNTY SHERIFF
CHARLES MCDONALD, in his
official capacity, and JOHN DOE
CORPORATION, in its capacity as
surety on the Official Bond of the
Sheriff of Henderson County,
CONSENT PROTECTIVE ORDER
FOR HENDERSON COUNTY
PERSONNEL FILES AND
MEDICAL INFORMATION
Defendants.
Documents and information have been and will be sought, produced or exhibited by
and among the parties to the above captioned proceeding, which documents and information
relate to 1) employee personnel matters that may be disclosed only under court order, pursuant
to N.C. Gen. Stat. § 153A 98 (c); and 2) confidential medical records and reports or other
personal health-related information (collectively “confidential information”). The parties have
sought such an order so as to be in compliance with these statutes.
By the parties consent, IT IS HEREBY ORDERED THAT:
1. Upon proper request pursuant to the Federal Rules of Civil Procedure, the Parties
may obtain confidential information.
2. Any such confidential information obtained in this action shall be clearly and
prominently marked on its face with the legend: "CONFIDENTIAL" or a
comparable notice.
3. In the absence of written permission from the Parties or an order by the Court, any
confidential information obtained in accordance with the provisions of paragraph 1
above shall not be disclosed to any person other than: (i) the Court and the
employees thereof, (ii) court reporters and stenographers engaged for the taking of
testimony, (iii) counsel to this action, including necessary secretarial, paralegal and
clerical personnel assisting such counsel; (iv) experts and their staff who are
employed for the purposes of this litigation but who are not otherwise employed by,
consultants to, or otherwise affiliated with a party; (v) witnesses who may see their
own personnel records; and (vi) parties or witnesses as necessary to prepare for trial
or testimony in this action. Any confidential information shall be used solely for the
purpose of this original action and in preparation for trial. Nothing in this Order is
intended to interfere with an individual’s right to examine confidential records
under N.C.G.S. § 153A-98, to the extent permitted by law.
4. Information obtained in accordance with the provisions of paragraph1 above shall
not be made available to any person designated in paragraph 3 (iv) unless he or she
shall have first read this Order and shall have agreed, by letter submitted to both
Parties (i) to be bound by the terms thereof, (ii) not to reveal such confidential
information to anyone other than another person designated in paragraph 3, and (iii)
to utilize such confidential information solely for purposes of this litigation.
5. If the Court orders, or if the Parties agree, that access to, or dissemination of,
information obtained as confidential information shall be made to persons not
included in paragraph 3 above, such matters shall only be accessible to, or
disseminated to, such persons based upon the conditions pertaining to, and
obligations arising from this Order, and such persons shall be considered subject to
it.
6. Any confidential information submitted to the Court in connection with a motion or
other proceeding within the purview of this action shall be submitted under seal and
marked in accordance with paragraphs 1 and 2 above. Any portion of a transcript in
connection with this action containing any confidential, information submitted
pursuant to paragraphs 1 and 2 shall be bound separately and filed under seal. When
any confidential information is included in an authorized transcript of a proceeding
or exhibits thereto, arrangements shall be made with the court reporter recording
the proceeding to bind such confidential portions and separately label them
"CONFIDENTIAL."
7. If confidential information obtained in accordance with paragraphs 1 and 2 is
disclosed to any person other than in the manner authorized by this Protective
Order, the party responsible for the disclosure must immediately bring all pertinent
facts relating to this disclosure to the attention of the Court, and opposing counsel,
and, without prejudice to other rights and remedies of the other party, make every
reasonable effort to prevent further disclosure by it or by the person who was the
recipient of such information.
2
Error! Unknown document property name.
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 Order is entered without prejudice to any Party seeking further orders from the
Court regarding the additional disclosure of, or restriction of, confidential
information.
IT IS SO ORDERED.
Signed: March 29, 2018
3
Error! Unknown document property name.
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