Bridges v. City of Charlotte et al

Filing 21

SECOND PROTECTIVE ORDER. Signed by Senior Judge Graham Mullen on 12/14/2016. (eef)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
CASE NUMBER: 3:16-cv-564
TIMOTHY SCOTT BRIDGES,
Plaintiff,
vs.

SECOND
PROTECTIVE ORDER

CITY OF CHARLOTTE, JOHN DOE, in his
individual and official capacities and in
his supervisory capacity as the Capt. in
charge of the Felony Investigations
Bureau of the Charlotte Police
Department, CHERYL HORNER, in her
individual and official capacities,
ELINOS WHITLOCK, in his individual
and official capacities, and KATHLEEN
RAMSEUR, in her individual and official
capacities,
Defendants.

Pending before the Court is the Consent Motion for Second Protective Order,
(D.E. 20). Upon a review of the record and the parties’ motion, the Court GRANTS
the motion (D.E. 20) and enters this Consent Second Protective Order negotiated
by the parties.

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NOW COME the City of Charlotte and Defendants Cheryl Horner, Elinos
Whitlock and Kathleen Ramseur (hereafter “the Defendants”), by and through their
respective undersigned counsel, and Timothy Scott Bridges (hereinafter “the
Plaintiff”), by and through his undersigned counsel, and the Gastonia Police
Department (hereinafter “GPD”), by and through its undersigned counsel, and
stipulate to the entry of this Protective Order, authorizing and/or governing (1) the
release of all files of the GPD relating to the investigation(s) of the rapes of Telena
Carol Hardee and Denise Faye Cook in May 1989, and any related investigation(s)
of the suspect in those cases, Ronald Eugene Kirkland and (2) the release of
complete copies of any and all records relating to the incarceration of the Plaintiff
Timothy Scott Bridges, to include medical records, in the possession of the North
Carolina Department of Public Safety (“NCDPS”) and/or the North Carolina
Department of Corrections (“NCDOC”). The terms of this Consent Protective Order
shall be as follows:
1.

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

all documents and/or materials disclosed pursuant to this ORDER shall be
marked “CONFIDENTIAL” and used only in connection with litigation in the
above-referenced caption and shall be disclosed only to the following persons:
a. Parties and counsel for all parties, including attorneys and their

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respective staffs;
b. Consultants and experts involved in this litigation;
c. Any potential witness in this litigation, to the extent it is
necessary to tender to such witness a confidential document in
order to elicit information relevant to the matters at issue in said
litigation;
d. Court reporters, their transcribers, assistants and employees;
e. Any mediator designated by the Court or the parties to mediate
this matter with the parties;
f. Any adjuster, claim representative or legal counsel working for
an Insurance Company contractually responsible for providing a
legal defense to or indemnifying any of the Defendants pursuant
to insurance policies purchased by Defendants; and
g. All other persons to whom disclosure may be necessary to
prosecute or defend this litigation.
2.

The individuals and entities that are provided a copy of the files of

the GPD and NCDPS/NCDOC are hereby ordered not to show, convey or
reproduce any documents so designated, any parts or copies thereof, or any
matter contained therein, to include extracts or summaries, to any individual or
entity that would not otherwise have access to said documents, materials, or
information under the provisions of this Protective Order. The parties may make
copies of documents contained in the files of the GPD and NCDPS/NCDOC for
their own use in this litigation.

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3.

The Parties may provide copies of material contained in the files of

the GPD and NCDPS/NCDOC to the persons identified in paragraph 1 above,
provided that such persons agree that they will keep such material confidential.
4.

The production or disclosure of the files of the GPD and

NCDPS/NCDOC 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, including the attorneyclient or work product privileges, in this litigation.
5.

All information and materials derived from the files of the GPD and

NCDPS/NCDOC shall be used by the parties only in connection with the litigation
of this matter and shall not be used or disclosed to or by any person for any other
purpose, except as provided herein.
6.

The parties are responsible for notifying any person who is provided

any portion of the files of the GPD and NCDPS/NCDOC of the terms of this
Protective Order. The parties shall keep a record of all persons to whom such
disclosures are made.
7.

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 the GPD and NCDPS/NCDOC of any

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claims of confidentiality, and the production of such materials or documents
shall not be considered as an acknowledgment that the materials or documents
may be admissible into evidence at the hearing of this matter.
8.

Unless otherwise expressly permitted by the Court, any records

obtained pursuant to this Order and subsequently filed with the Court shall be
done so under seal in accordance with the Local Rules of the United States
District Court for the Western District of North Carolina.
9.

The NCDPS/NCDOC may redact any portion of any record produced

pursuant to this Order if the information might endanger the safety of any third
person or if the information could compromise the security of any facility
operated by the NCDPS/NCDOC. Should the NCDPS/NCDOC redact any portion
of any record, it shall inform the parties of the nature of such redacted material
so that the parties may seek a further Order from this Court.
10.

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) that are not part of the
court record or otherwise public record as defined by law shall be returned to
the party that provided the materials. Furthermore, no party shall retain a
physical or electronic copy of material provided pursuant to this order except if

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the materials were made part of the court record or a party consents. Finally, no
party shall retain personnel information as defined by N. C. Gen Stat.§ 160A-168
without the consent of the employee.
11.

This Protective Order shall not prevent the parties from applying for

relief from this Protective Order, or from applying for further or additional
Protective Orders, or from agreeing between themselves to modification of this
Protective Order, with the concurrence of the GPD and NCDPS/NCDOC.
12.

This Protective Order shall not apply to documents or materials that

have otherwise become public records pursuant to N.C.G.S. 15A-1468(e), or that
have been lawfully obtained from a source other than the GPD and
NCDPS/NCDOC.
13.

The ultimate disposition of protected materials shall be subject to a

final order of the court upon completion of the litigation.
SO ORDERED.

Signed: December 14, 2016

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