Ledford v. Bryson City Police Department et al

Filing 67

CONSENT PROTECTIVE ORDER for SBI File: Defendants' 66 Motion for Entry Consent Protective Order for SBI File is granted and the parties proposed Order is accepted, except as amended where indicated. Signed by Magistrate Judge W. Carleton Metcalf on 11/19/2021. (kby)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
1:20 CV 168 MR WCM
APRIL LEDFORD
Plaintiff,
V.
BRYSON CITY POLICE DEPARTMENT;
CHRIS DUDLEY;
TOWN OF BRYSON CITY;
Defendants.
_________________________________ _____

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CONSENT
PROTECTIVE ORDER
FOR SBI FILE

This matter is before the Court on Defendants’ Motion for Entry Consent
Protective Order for SBI File (Doc. 66), to which Plaintiff consents. The motion is
granted and the parties’ proposed Order is accepted, except as amended where
indicated.
***
Pro Se Plaintiff April Ledford, Defendants Bryson City Police Department,
Chris Dudley, and Town of Bryson City (hereafter "Defendants"), by and through
their undersigned counsel, and the North Carolina State Bureau of Investigation
(hereafter "SBI"), by and through its undersigned counsel, stipulate to the entry of
this Consent Protective Order allowing release of SBI Case No. 2017-01907
(hereafter "the File") to the Pro Se Plaintiff and counsel for the Defendants.

Pro Se Plaintiff, counsel for Defendants, and counsel for the SBI further
stipulate and agree to the following statements in accordance with this Court’s entry
of the Consent Protective Order:
1.

The File pertains to the subject matter involved in the case before this

2.

After reviewing the File, counsel for the SBI has no objection to

Court.

providing it to the parties herein for the following reasons:
A.

no policy reason exists to deny the parties' request;

B.

release of the File does not prejudice the SBI;

C.

no identities of persons contained in the File need to be protected;

D.

the criminal investigation which was the subject of the File has
concluded; and

E

release of the File to the parties herein in no way prejudices the
interests of the State of North Carolina.

3.

Except as may be otherwise provided by further order of this Court,

documents contained within the File shall be used exclusively for the purpose of
prosecuting or defending this action and shall only be disclosed to the persons
identified in Paragraphs 4 and 5 below. To the extent any party seeks leave to file
information with the Court under seal, such request shall be made in conformity with
the Local Rules of this district, including Local Civil Rule 6.1.

4.

Access to and use of the documents contained within the File shall be

limited to:
A.

the Court;

B.

the parties, the parties' potential witnesses, attorneys of record
for the parties, any associated counsel, and any employees or
agents of such attorneys and counsel;

C.

court-appointed mediators;

D.

consultants, technical and expert witnesses 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 a document from the
File as an exhibit in order to elicit testimony relevant to the
matters at issue in this case; and

G.
5.

the jury.

Pro Se Plaintiff and counsel for the Defendants may make copies of the

File for the Plaintiff's or Defendants' experts upon receiving from these experts a
written agreement that they will be bound by the terms of this Protective Order. The
requirement of obtaining such a written agreement shall be satisfied by having each
of the Pro Se Plaintiff's or Defendants' experts read, acknowledge, and agree in

writing to be bound by this Protective Order. All such written acknowledgements
shall be maintained by Pro Se Plaintiff or counsel for the Defendants. By signing the
declaration agreeing to be bound by this Protective Order, each of the Pro Se
Plaintiff's or Defendants' experts submit himself or herself to the jurisdiction of this
Court for the purposes of enforcement of this Protective Order.
6.

Experts who are permitted access to the File are hereby ordered not to

show, convey, or reproduce any documents so designated or any parts thereof, or
copies thereof, or any matters 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.
7.

At the conclusion of this litigation, including any appeal(s), all copies

of the File possessed by the parties, their attorneys, and experts, shall be destroyed.
“Confidential” information provided to the Court or appearing on the Court’s
docket may be subject to a final order of the Court upon the conclusion of the
litigation.
8.

This Protective Order does not in any way attempt to address the

admissibility of the File in whole or in part under the Federal Rules of Evidence.

IT IS THEREFORE ORDERED that the undersigned counsel for the North
Carolina State Bureau of Investigation produce a copy of SBI Case No. 2017-01907
to the Pro Se Plaintiff and counsel for the Defendants as indicated below.

Signed: November 19, 2021