Greene v. Mullis et al

Filing 118

CONSENT PROTECTIVE ORDER. Signed by Magistrate Judge David S. Cayer on 1/19/2023. (Pro se litigant served by US Mail.)(brl)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
Civil Action No. 3:17-cv-638-RJC-DSC
MICHAEL GREENE,
Plaintiff,
v.

CONSENT PROTECTIVE ORDER

KEVIN MULLIS ET. AL.,
Defendant.

Recordings, documents, and information have been and will be sought,
produced or exhibited by and among the parties to the above captioned proceeding,
which documents and information relate to employee personnel matters that may be
disclosed only under court order, pursuant to N.C. Gen. Stat. § 160A-168 (c) (4).
The parties have sought such an order so as to be in compliance with the statute.
By consent, IT IS HEREBY ORDERED THAT:
1.

Confidential Information is information set forth in N.C.G.S. § 160A-

168(a) which concerns or relates to an individual's application, selection or nonselection, promotions, demotions, transfers, leave, salary, suspension, performance
evaluations and forms (including observations), disciplinary actions and termination

Case 3:17-cv-00638-RJC-DSC Document 118 Filed 01/19/23 Page 1 of 5

of employment wherever located and in whatever form, but expressly excludes any
of the following: the employee’s home residence, the identity of family members,
insurance and benefits, medical history, social security number, and financial
information. Confidential Information may be located in, but not limited to, the
following documents or materials: (a) personnel files, (b) evaluations, (c) law
enforcement recordings, and (d) any other similar documents. The information with
respect to each county employee set forth in N.C.G.S. § 160A-168(b)(1-12) is a
matter of public record and not Confidential Information.
2.

Any such Confidential Information obtained in this action which is

asserted by Defendants to contain or constitute confidential information, shall be
clearly and prominently marked on its face with the legend: "CONFIDENTIAL BY
PROTECTIVE ORDER, Case No. 3:17-CV-638" or a comparable notice. Such
Confidential Information shall be disclosed at any hearing only to Court personnel,
to the parties and to counsel for the parties and their employees.
3.

In the absence of written permission from the Defendants or an order

by the Court, any Confidential Information obtained in accordance with the
provisions of paragraph 2 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 and their counsel, including
necessary secretarial, paralegal and clerical personnel assisting such counsel; (iv)

2
Case 3:17-cv-00638-RJC-DSC Document 118 Filed 01/19/23 Page 2 of 5

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;
or (v) witnesses who are managers or supervisors or the individuals to whom the
personnel file belongs. Except as maybe otherwise provided by further order of the
Court, Confidential Information shall be used for no purpose other than prosecuting
or defending this action, including any and all motion such as motions for summary
judgment, and shall be disclosed only to the persons identified in subparagraphs 3(i)(v). Nothing in this Order is intended to interfere with an individual employee’s right
to examine his own personnel file to the extent permitted by law.
4.

Confidential Information obtained in accordance with the provisions of

paragraph 2 above shall not be made available to any person designated in paragraph
3 (iv) unless he or she shall have first read this Order and shall have agreed, by letter
submitted to Defendants’ counsel: (i) to be bound by the terms thereof, (ii) not to
reveal such Confidential Information to anyone other than another person designated
in paragraph 3; and (iii) to utilize such Confidential Information solely for purposes
of this litigation.
5.

If any persons, other than those identified above in Paragraph 3, are

provided with any Confidential Information by any person identified in Paragraph
3, such information shall remain confidential and such persons receiving said
information shall remain subject to the conditions of this Protective Order.

3
Case 3:17-cv-00638-RJC-DSC Document 118 Filed 01/19/23 Page 3 of 5

6.

To the extent any party seeks leave to file any material and documents

that are deemed confidential, pursuant to North Carolina General Statutes, federal
statutes or case law, such request shall be made in conformity with the Local Rules
of this District, including 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 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 made with the court reporter recording the proceeding
to bind such confidential portions and separately label them "CONFIDENTIAL
INFORMATION, SUBJECT TO PROTECTIVE ORDER."
7.

If Confidential Information obtained in accordance with paragraph 2 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

4
Case 3:17-cv-00638-RJC-DSC Document 118 Filed 01/19/23 Page 4 of 5

information shall not be subject to this Order, except that such information shall be
used solely for the purpose of this action.
8.

Confidential information provided to the Court (including any copies

made and/or computer materials made or stored) shall be subject to a final order of
the Court upon the conclusion of litigation.
SO ORDERED.
Signed: January 19, 2023

5
Case 3:17-cv-00638-RJC-DSC Document 118 Filed 01/19/23 Page 5 of 5