McMahan v. Griffin et al

Filing 8

ORDER that Pltf's Consent Motion for Protective Order [Doc. 12, filed in 1:22-cv-28-MR-WCM is granted, and the parties' proposed Order is accepted, except as amended where indicated. FURTHER ORDERED as discovery has been consolidated, the Clerk is respectfully directed to file a copy of this Order in each of the Related Cases. Signed by Magistrate Judge W. Carleton Metcalf on 8/2/2022. (PROTECTIVE ORDER contained within the body of this Order.) Related Cases: 1:22-cv-00029; 1:22-cv-00030; 1:22-cv-00031; 1:22-cv-00032; 1:22-cv-00033; 1:22-cv-00034; 1:22-cv-00035; 1:22-cv-00036; 1:22-cv-00037; 1:22-cv-000136. (ejb)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
1:22-cv-00028-MR-WCM
DARRYL K. MCMAHAN,

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Plaintiff,
v.
LOWELL S. GRIFFIN,

in his Official Capacity
as Sheriff of Henderson County,
WESTERN SURETY COMPANY
as Surety for the Sheriff
,
KENNETH B. CLAMSER

Individually and in his Official
Capacity

Defendants.
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This matter is before the Court on Plaintiff’s Consent Motion for
Protective Order (the “Motion,” Doc. 12). The Motion is granted, and the
parties’ proposed Order is accepted, except as amended where indicated.
***
By the Motion, Plaintiff, through counsel, seeks a protective order
regarding his medical records and private health information in the
following related cases, which were previously consolidated for purposes
of discovery (the “Related Cases”):
(1) Darryl K. McMahan v. Lowell S. Griffin, in his Official Capacity

Case 1:22-cv-00029-MR-WCM Document 8 Filed 08/02/22 Page 1 of 7

as Sheriff of Henderson County, Western Surety Company, as
Surety for the Sheriff, Kenneth B. Clamser, Individually and in
his Official Capacity, No. 1:22-cv-00028-MR-WCM;
(2) Darryl K. McMahan v. Lowell S. Griffin, in his Official Capacity
as Sheriff of Henderson County, Western Surety Company, as
Surety for the Sheriff, Kenneth B. Clamser, Individually and in
his Official Capacity, No. 1:22-cv-00029-MR-WCM;
(3) Darryl K. McMahan v. Lowell S. Griffin, in his Official Capacity
as Sheriff of Henderson County, Western Surety Company, as
Surety for the Sheriff, Kenneth B. Clamser, Individually and in
his Official Capacity, No. 1:22-cv-00030-MR-WCM;
(4) Darryl K. McMahan v. Lowell S. Griffin, in his Official Capacity
as Sheriff of Henderson County, Western Surety Company, as
Surety for the Sheriff, Kenneth B. Clamser, Individually and in
his Official Capacity, No. 1:22-cv-00031-MR-WCM;
(5) Darryl K. McMahan v. Lowell S. Griffin, in his Official Capacity
as Sheriff of Henderson County, Western Surety Company, as
Surety for the Sheriff, Kenneth B. Clamser, Individually and in
his Official Capacity, No. 1:22-cv-00032-MR-WCM;
(6) Darryl K. McMahan v. Lowell S. Griffin, in his Official Capacity
as Sheriff of Henderson County, Western Surety Company, as
Surety for the Sheriff, Kenneth B. Clamser, Individually and in
his Official Capacity, No. 1:22-cv-00033-MR-WCM;
(7) Darryl K. McMahan v. Lowell S. Griffin, in his Official Capacity
as Sheriff of Henderson County, Western Surety Company, as
Surety for the Sheriff, Kenneth B. Clamser, Individually and in
his Official Capacity, No. 1:22-cv-00034-MR-WCM;
(8) Darryl K. McMahan v. Lowell S. Griffin, in his Official Capacity
as Sheriff of Henderson County, Western Surety Company, as
Surety for the Sheriff, Kenneth B. Clamser, Individually and in
his Official Capacity, No. 1:22-cv-00035-MR-WCM;
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(9) Darryl K. McMahan v. Lowell S. Griffin, in his Official Capacity
as Sheriff of Henderson County, Western Surety Company, as
Surety for the Sheriff, Kenneth B. Clamser, Individually and in
his Official Capacity, No. 1:22-cv-00036-MR-WCM; and
(10)Darryl K. McMahan v. Lowell S. Griffin, in his Official Capacity
as Sheriff of Henderson County, Western Surety Company, as
Surety for the Sheriff, Kenneth B. Clamser, Individually and in
his Official Capacity, No. 1:22-cv-00037-MR-WCM.
Plaintiff’s medical records and private health information will be
disclosed by and among the parties in the Related Cases to the above
captioned proceeding, as well as cases 1: 22-cv- 29-37, which documents
and information are generally protected from disclosure by federal
regulations and by the U.S. Constitution. Plaintiff has therefore sought
an order from the Court protecting this information from disclosure
outside of the litigation, with consent of counsel for the Defendants.
By consent, IT IS HEREBY ORDERED THAT:
1.

Any of Plaintiff’s private health information disclosed in this

action which is asserted by Plaintiff to constitute confidential
information shall be clearly and prominently marked on its face with the
legend: “CONFIDENTIAL BY PROTECTIVE ORDER, Case No. 1:22CV-28” or a comparable notice (hereinafter, “Confidential Information”).
Unless otherwise directed by the Court, such Confidential Information
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shall be disclosed at any hearing, trial, or other proceeding in this action
only to Court personnel, to the parties, and to counsel for the parties and
their employees.
2.

In the absence of written permission from the Plaintiff or an

order by the Court, any Confidential Information obtained in accordance
with 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) the parties to this
action and their counsel, including necessary secretarial, paralegal and
clerical personnel assisting such counsel; or (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. Any such Confidential Information shall be used solely for the
purpose of this original action and in preparation for trial.
3.

Confidential Information obtained in accordance with the

provisions of Paragraph 1 above shall not be made available to any
person designated in Paragraph 2(iv) unless he or she shall have first
read this Order and shall have agreed, by letter submitted to Plaintiff’s
counsel: (i) to be bound by the terms thereof, (ii) not to reveal such
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Confidential Information to anyone other than another person
designated in Paragraph 2; and (iii) to utilize such Confidential
Information solely for purposes of this litigation.
4.

If any persons, other than those identified above in Paragraph

2, are provided with any Confidential Information, such information
shall remain confidential and such persons receiving said information
shall remain subject to the conditions of this Protective Order.
5.

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 pursuant to Western District Local
Rule 6.1. Any portion of a transcript in connection with this action
containing any Confidential Information identified by Plaintiff pursuant
to Paragraph 1 shall be filed under seal pursuant to Western District
Local Rule 6.1. A party may designate such portions of the transcript by
a statement to that effect on the record by counsel for either side during
or before the close of the deposition or hearing, or in writing within thirty
(30) days of the designating party’s receipt of any transcript thereof.
When any Confidential Information is included in an authorized
transcript of a proceeding or exhibits thereto, arrangements shall be
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made with the court reporter recording the proceeding to bind such
confidential portions and separately label them "CONFIDENTIAL
INFORMATION, SUBJECT TO PROTECTIVE ORDER."
6.

If Confidential Information obtained in accordance with

Paragraph 1 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 opposing counsel and the Court, 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. Should the Confidential Information be
obtained in a manner outside of the means and mechanisms
contemplated and described in this Order, then that information shall
not be subject to this Order, except that such information shall be used
solely for the purpose of this action.
7.

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 a final order of the Court.
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As discovery has been consolidated, IT IS FURTHER ORDERED
that the Clerk is respectfully directed to file a copy of this Order in each
of the Related Cases.

Signed: August 2, 2022

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