Cincinnati Insurance Company v. City of Gastonia

Filing 17

CONSENT PROTECTIVE ORDER FOR DISCLOSURE OF EMPLOYMENT FILES. Signed by Magistrate Judge David S. Cayer on 7/25/2016. (eef)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
DIVISION
CIVIL ACTION NO. 3:16-CV-00116-FDW-DSC
The Cincinnati Insurance Company a/s/o
Lawyers Building of Gastonia,
Plaintiff,
CONSENT PROTECTIVE ORDER FOR
DISCLOSURE OF EMPLOYMENT
FILES

vs.
City of Gastonia, a North Carolina
Municipal Corporation,
Defendant.

THIS MATTER is before the Court upon Defendant’s Request for a Consent
Protective Order pursuant to Rule 26(c) of the Federal Rules of Civil Procedure and
N.C.G.S. § 160A-168. Upon review of the file, consent of counsel and the Court deeming
it just and proper to do so:
IT IS THEREFORE ORDERED that Defendant’s Consent Motion is allowed and
the Court enters the following Protective Order governing the discovery of employment
files as defined by N.C.G.S. § 160A-168 for Defendant employees:
1.

This Order governs the handling and disclosure of the employment files
requested in discovery for:
Matt Bernhardt
Ron Cook
Donnie Cloninger
Roy Quinn
Jim Klenovic
Terry Greene
Keith Cabe
Tripp Barrett

2.

Defendant will clearly identify all documents responsive to Plaintiff’s request

for the employment file of the requested employees and will mark these
documents confidential.
3.

The confidential information should not be otherwise reviewed, disclosed or
released to anyone other than:
a.

The Court;

b.

The parties, counsel for the parties, their legal assistants and other
staff members and employees;

c.

Experts or consultants retained by the parties or their attorneys in the
preparation of this case or to serve as expert witnesses in the Trial
of this action;

d.

Court reporters or videographers engaged to record depositions,
hearings or trials in this action; and

e.

Outside companies engaged by counsel for parties to photocopy or
scan such documents.

4.

Disclosure of confidential information pursuant to this Order shall be
handled as follows:
a.

Any person described in sub-paragraphs 3(b-e) of this Order is
bound by the provisions of this Order without the necessity of
executing a separate confidentiality agreement;

b.

Prior to making disclosure to any person set forth in paragraph 3(c)
of this Order, the parties disclosing the confidential information shall
direct any person to whom the disclosure is made that confidential
information should be used for the purposes of prosecution or

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defense of this action only, and that said person shall be bound by
the terms of this Order and shall execute an agreement to be bound
by this Order. A record of all persons to whom disclosures are made
shall be kept and all written statements signed by those persons shall
be retained in possession, custody and control of counsel by whom
the person is retained.

All confidential information and any

documents containing information derived there from, including
copies of such documents shall be returned to counsel by persons
given access given to them as soon as practicable.
5.

The production or disclosure of confidential materials pursuant to the terms
of this order shall not be construed as prohibiting or restricting use of
confidential information during deposition, at any hearing, the trial of this
matter or any appellate proceeding. Similarly, no party shall be deemed to
have

waived

any

objections

as

to

the

relevancy,

admissibility,

discoverability or any other objection under the Federal Rules of Civil
Procedure or Rules of Evidence in connection with any proceeding in this
action.
6.

No confidential documents produced pursuant to this Order shall be used
for any purpose other than for the relevant and proper conduct of this
litigation. If any such confidential documents are used in connection with
the deposition or other discovery or documents filed with the Court or are
quoted or referenced in any memorandum, pleading or other paper filed
with the Court, the deposition transcript, filing or paper shall be submitted

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to the Court with a request that the document be placed under seal and
appropriately marked to indicate the transcript filing or paper subject to the
terms of this Order or redacted so as to limit confidential information as
defined by N.C.G.S. § 160A-168.
7.

The designation of documents or information as confidential information
shall not be conclusive for the purposes of the substantive issues in this
case. In addition, any party is entitled to challenge in an appropriate Motion
to the Court any designation by defendants during this litigation.

8.

The inadvertent, unintentional or in camera disclosure of confidential
documents and information shall not, under any circumstances, be deemed
a waiver, in whole or in part of a party’s claim of confidentiality.

9.

Within fifteen (15) days after the entry of final judgment or dismissal of this
litigation (including appeals or petitions for review), the party’s counsel, their
staff and all experts and/or consultants for the parties shall return all
confidential documents pursuant to this Order (including all xeroxed copies
of the same) to Defendant or shall destroy the same with written certification
by the party’s counsel of record that all such documents and copies of the
same have, in fact, been returned or destroyed; providing counsel shall be
permitted to maintain such documents for their case files, which continue to
be subject to the terms of this Order.

10.

Each person that receives confidential information submits himself or
herself to the personal jurisdiction of this Court, where ever he or she shall
be for the enforcement of provisions contained in this Order.

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SO ORDERED.
Signed: July 25, 2016

WE CONSENT:
s/ Jared L. Elster
Thomas Paolini, Esquire (Admitted Pro Hac Vice)
Jared L. Elster, Esquire (Admitted Pro Hac Vice)
LAW OFFICES OF ROBERT A. STUTMAN, P.C.
20 East Taunton Road, Suite 403
Berlin, New Jersey 08009
Telephone: [phone]
Facsimile: [phone]
Attorneys for Plaintiff

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