Abadi v. Mecklenburg County Health Department et al
Filing
37
PROTECTIVE ORDER. Signed by Magistrate Judge David Keesler on 12/06/2018. (Pro se litigant served by US Mail.) (ejb)
IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
CIVIL ACTION NO. 3:17-CV-435-FDW-DCK
NAZANIN ROSTASTAM ABADI,
Plaintiff,
v.
MECKLENBURG COUNTY HEALTH
DEPARTMENT, and MECKLENBURG
COUNTY GOVERNMENT,
Defendants.
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PROTECTIVE ORDER
It is hereby ORDERED by the Court that the following restrictions and procedures
shall apply to certain information, documents and excerpts from documents supplied by the
parties to each other in response to initial disclosures, discovery requests or subpoenas,
deposition testimony and exhibits:
1.
Counsel for any party may designate any document or information contained
in a document as confidential if counsel determines, in good faith, that such designation is
necessary to protect the interests of the client. Information and documents designated by a party
as confidential will be labeled "CONFIDENTIAL - PRODUCED PURSUANT TO
PROTECTIVE ORDER." "Confidential" information or documents may be referred to
collectively as "confidential information."
2.
As provided by N.C. Gen. Stat.ยง 153A-98, and in accordance with the
limitations set forth therein, Defendant Mecklenburg County may disclose employee personnel
records and information to the plaintiff and his counsel, in this case. All such records and
information shall be subject to this Protective Order and considered confidential information.
3.
Unless otherwise ordered by the Court, or otherwise provided for herein, the
confidential information disclosed will be held and used by the person receiving such information
solely for use in connection with the above-captioned action.
4.
In the event a party challenges another party's confidential designation, counsel shall
make a good faith effort to resolve the dispute, and in the absence of a resolution, the challenging
party may thereafter seek resolution by the Court. Nothing in this Protective Order constitutes an
admission by any party that confidential information disclosed in this case is relevant or admissible.
Each party specifically reserves the right to object to the use or admissibility of all confidential
information disclosed, in accordance with applicable law.
5.
Information or documents designated as "Confidential" shall not be disclosed to any
person, except:
a.
The requesting party and counsel;
b.
Employees of such counsel assigned to and necessary to assist in the
litigation;
c.
Consultants or experts to the extent deemed necessary by counsel;
d.
Any person from whom testimony is taken or is to be taken, except that such
a person may only be shown confidential information during and in
preparation for his/her testimony and may not retain the confidential
information; and
e.
The Court or the jury at trial or as exhibits to motions.
6.
Prior to disclosing or displaying the confidential information to any person, counsel
shall:
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a.
Inform the person of the confidential nature of the information or
documents; and
b.
lnfo1m the person that this Court has enjoined the use of the information or
documents by him/her for any purpose other than this litigation and has
enjoined the disclosure of that information or documents to any other person.
7.
The confidential information may be displayed to and discussed with the persons
identified in Paragraph 5(c) and (d) only on the condition that prior to any such display or discussion,
each such person shall be asked to sign an agreement to be bound by this Order in the form
attached as Exhibit A. In the event such person refuses to sign an agreement in the form attached
as Exhibit A, the party desiring to disclose the confidential information may seek appropriate
relief from this Court.
8.
For the purpose of Paragraphs 5(d) and (e) it is understood by the parties that any
documents which become part of an official judicial proceeding or which are filed with the Court
are public documents, and that such documents can and will be sealed by the Court only upon
motion and in accordance with applicable law. This Protective Order does not provide for the
automatic sealing of such documents.
9.
At the conclusion of litigation, the confidential information and any copies thereof
shall be promptly (and in no event later than thirty (30) days after entry of a final judgment no
longer subject to further appeal) returned to the producing party or certified as destroyed.
10.
The foregoing is entirely without prejudice to the right of any party to apply to the
Court for any further Protective Order relating to confidential information; or to object to the
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production of documents or information; or to apply to the Court for an order compelling
production of documents or information; or for modification of this Order.
SO ORDERED.
Signed: December 6, 2018
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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
Civil Action No.: 3:l 7-CV-435
PROTECTIVE ORDER
Exhibit A to Protective Order
I have been informed by counsel that certain documents or information to be disclosed to me
in connection with the matter entitled- - - - - - - - - - - - - - - - - - -
have
been designated as confidential. I have been informed that any such document or information
labeled as "CONFIDENTIAL - PRODUCED PURSUANT TO PROTECTIVE ORDER" are
confidential by Order of the Court.
Under penalty of contempt of Court, I hereby agree that I will not disclose any information
contained in such documents to any other person, and I further agree not to use any such
information for any purpose other than this litigation.
DATED:
(Signature)
Signed in the presence of:
(Attorney)
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