Blackwell v. McFadden et al

Filing 68

PROTECTIVE ORDER. Signed by US Magistrate Judge David Keesler on 2/6/2024. (mek)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
CASE NO. 3:22-CV-167-RJC-DCK
ADRIANNA ESTHER BLACKWELL,
Plaintiff,
v.
GARRY L. MCFADDEN, et al.,
Defendants.

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PROTECTIVE ORDER

THIS MATTER IS BEFORE THE COURT on the parties’ “Consent Motion For
Protective Order” (Document No.65) filed February 6, 2024. Having carefully considered the
motion and the record, the undersigned will grant the motion and enter the parties’ proposed
Consent Protective Order as follows.
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 and jail security information that may be
disclosed only under Court Order, pursuant to N.C. Gen. Stat. §§ 132-1.7(a)(3) and 153A-98 (c).
The parties have sought such an Order so as to be in compliance with the statute.
By consent, IT IS, THEREFORE, ORDERED that:
1.

Confidential information is information 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
of employment, and jail security footage, 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. This
information may be located in, but not limited to, the following documents or materials: (a)
personnel files, (b) evaluations, (c) jail security footage, and (d) any other similar documents.
Confidential information does not include the information set forth in N.C.G.S. § 153a-98 (b)(1)(10).
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.
3:22-CV-167” or a comparable notice. (Such 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 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 action, their insurers,
and their counsel, including necessary secretarial, paralegal and clerical personnel assisting such
counsel; (iv) 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. Any
confidential personnel information shall be used solely for the purpose of this original action and
in preparation for trial. 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

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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 personnel information to
anyone other than another person designated in paragraph 3; and (iii) to utilize such confidential
personnel 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.
6.

Any confidential information submitted to the Court in connection with a motion

or other proceeding within the purview of this action shall be submitted under seal pursuant to
Local Rule 6.1. Any portion of a transcript in connection with this action containing any
confidential information identified by Defendants pursuant to paragraph 2 shall be bound
separately and filed under seal pursuant to 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 (30) 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

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

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) shall be subject to a final Order of the Court.

SO ORDERED.
Signed: February 6, 2024

CONSENTED TO:
s/Sean F. Perrin
/s/ Michael Littlejohn
/s/ Ann Rowe
/s/ Jake Stewart

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