Poole v. Gaston County et al
Filing
78
PROTECTIVE ORDER. Signed by Magistrate Judge David Keesler on 2/21/17. (mga)
IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
CIVIL ACTION NO. 3:15-CV-309-DCK
GENGER POOLE, as Administrator of the
Estate of William Dean Poole,
Plaintiff,
v.
GASTON COUNTY; T. R. EARL; J. E.
KNUPP; A. O. HOLDER; AND
W.P. DOWNEY,
Defendants.
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ORDER
The parties herein, and the North Carolina State Bureau of Investigation
(hereinafter "SBI") stipulate to the entry of this Protective Order allowing release of the
SBI Report, File No.2015-00533, regarding the investigation into the shooting death of
William Dean Poole.
Counsel for the parties and counsel for the SBI stipulate and agree to the
following statements of facts which authorize the Court's entry of the Protective Order:
1.
Plaintiffs, through counsel, have requested through discovery the
release of the SBI investigation report in this matter.
2.
The SBI report may be material and relevant to the subject matter
involved in this matter.
3.
In addition, this order governs the handling and disclosure of all
materials produced, given, or filed herein by the parties and designated as
CONFIDENTIAL.
4.
Definitions.
a.
SBI Report refers to the materials contained in SBI File No.
2015- 00533, the related laboratory reports and findings, and any
photographs taken in conjunction with the investigation into the
b.
Document means all writings, drawings, graphs, charts,
recordings, and any other documents as defined in Rule 34 of the Federal
Rules of Civil Procedure.
c.
Material means any document,
any answer to any
interrogatory or other discovery request in this action, any portion of
any deposition (including deposition exhibits) in this action, and any other
information produced, given, or filed in this action.
d.
Parties mean any Plaintiffs, Defendants, or Third-Party
Defendants in this action.
5.
Counsel for the SBI, after reviewing this file and related
documents, has determined that the SBI has no objection to producing the SBI
Report to the parties in response to Plaintiff s request for the following reasons:
a.
No policy reason exists for denial of the request of Plaintiff
for production of these materials.
b.
There is no prejudice to the SBI by releasing this material.
c.
There are no identities of persons contained in the materials
which need to be protected; and
d.
Any criminal investigation which might have been the
subject of this file has been concluded.
6.
Except as may be otherwise provided by further order of the Court,
documents contained within the SBI Report shall be used for no purpose other
than prosecuting or defending this action, including any and all motions such as
motions for summary judgment, and shall be disclosed only to the persons identified
below.
7.
Access to and the use of any documents, or any part thereof, of
the SBI Report shall be limited to the following qualified persons/entities:
a.
The parties and attorneys of record for the parties, and their
legal assistants, other staff members, and law student clerks; insurers, their
agents and employees; outside companies engaged by attorneys for the
parties 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 materials are materially
related to the questions asked to or testimony of such deponent;
c.
Mediators;
d.
Consultants
and
technical experts
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 such witness as an exhibit a
confidential document in order to elicit testimony relevant to the matters
at issue in this case; and
g.
8.
The jury and trier of fact.
In addition, the above individuals and entities that are permitted
access to the SBI Report materials and information 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, except to the
qualified persons listed above.
9.
Counsel may make copies of material contained within the SBI
Report for Plaintiffs' or Defendants' 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 Plaintiffs' or Defendants' 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 Plaintiffs' and/or Defendants' counsel. By signing the
declaration agreeing to be bound by this Protective Order, each of Plaintiffs' or
Defendants' experts submits himself or herself to the jurisdiction of the Court
for purposes of enforcement of this Protective
Order.
10.
The production or disclosure of documents and materials in the SBI
Report, 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 action or on grounds in
any other action.
11.
All information and materials derived from the SBI Report shall
be used solely in the prosecution or defense of this action and shall not be used
or disclosed by any person for any other purpose, except as provided herein.
12.
Counsel for the parties are responsible for notifying any person
who is provided information or material from the SBI Report of the terms of
this Protective Order. Counsel shall keep a record of all persons to whom
disclosures are made.
13.
Any material and documents contained within the SBI Report that
are deemed to be confidential, pursuant to North Carolina General Statute,
Federal Statutes, or case law, may be released to the persons and Court as listed
herein, only if the material and information is filed in sealed containers,
containing a general description of the contents, and a statement that states the
contents hereof are confidential and may be revealed only by the Court or
upon prior written consent of counsel for the party or witness designating the
material CONFIDENTIAL INFORMATION.
14.
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.
15.
After the final disposition of this action, including the conclusion
of any and all appeals, all SBI Report materials and information that were
maintained in sealed files of the Court, shall be returned to the counsel who
filed such information with the Court, or returned to counsel for the SBI.
16.
Each person who receives material and information 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.
17.
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 SBI or any claim of confidentiality,
and the production of such materials or documents may be admissible into
evidence at the trial of this action The parties reserve all rights to object to the
admissibility of such materials and information as provided by the Federal Rules
of Evidence and Federal Rules of Civil Procedure.
18.
Nothing in this Protective Order shall require disclosure of material
or information which the conveying party contends is protected from disclosure
Signed: February 21, 2017
by the attorney-client privilege, materials produced in anticipation of litigation,
or as constituting attorney work product materials.
19.
If some of the information released pursuant to this Protective Order
contains confidential insurance company employee or information, such
information shall be treated as confidential by the receiving party and be subject
to the terms of this Order.
20.
All original and copies of the SBI Report shall be returned to the
SBI at the conclusion of this action, with a certification that no other copies
exist, and that all copies have been duly returned in compliance with this Order.
21.
This Protective Order shall not prevent any party, 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.
SO ORDERED.
AGREED TO BY:
SBI General Counsel
Post Office Box 2950
Raleigh , North Carolina 27626
919-582-851 2 (Telephone)
919-662-4523 (Facsimile)
agray@ncsbi.gov
Attorney for North Carolina State Bureau of Investigation
Charles Ali Everage
HUNTER/EVERAGE
1800 Camden Road, Suite 104
Charlotte, North Carolina 28203
704-377-9157 (Telephone)
704-377-9160 (Facsimile)
cae@hunter-everage.com
Attorney for Plaintiff
S. Juwaun Seegars
SEEGARS & TOWNSEND, PLLC
345 North College Street, Suite 408
Charlotte, North Carolina 28202
704-561-1750 (Telephone)
252-364-3159 (Facsimile)
Js.stlaw@gmail.com
Attorney for Plaintiff
Martha R. Thompson
STOTT, HOLLOWELL, PALMER, & WINDHAM, LLP
401 East Franklin Boulevard
Gastonia, North Carolina 28054
704-864-3425 (Telephone)
704-864-0478 (Facsimile)
mthompson@shpw.com
Attorney for Defendants
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