Mcilwain v. Cathey et al
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
CASE NO. 3:24-CV-029-FDW-DCK
EDDIE CATHEY, in his official capacity
as Sheriff of Union County, and THE
OHIO CASUALTY INSURANCE
THIS MATTER IS BEFORE THE COURT on Defendants’ “Motion For Protective
Order” (Document No. 9) filed February 6, 2024. Having carefully considered the motion and the
record, and noting Plaintiff’s consent, the undersigned grants the motion and enters the proposed
Protective Order as follows.
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 records and smatters that may be disclosed only under court order, pursuant
to N.C.G.S. §153A-98. The parties have sought such an Order so as to be in compliance with this
statute and to protect the safety, security and integrity of the Union County Sheriff’s Office and
Eddie Cathey, in his official capacity as Sheriff of Union County.
By consent, IT IS, THEREFORE, ORDERED that:
Upon proper request pursuant to the Federal Rules of Civil Procedure, the Parties
may obtain confidential information.
Any such confidential information obtained in this action shall be clearly and
prominently marked on its face with the legend: “CONFIDENTIAL” or a comparable notice. Any
party may object to a designation of any documents or information as “CONFIDENTIAL” by any
other party. After an objection is made to any designation according to this paragraph, the
designated documents or information shall be treated according to the designation and not
disclosed as set forth in paragraph 3 below, until the matter is resolved according to the procedures
described in paragraph 8 below.
3. In the absence of further order of this Court, Confidential information obtained in
accordance with the provisions of paragraph 2 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 Defendant(s) whose records are produced; (iv) all counsel, including
necessary secretarial, paralegal and clerical personnel assisting such counsel; (v) 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; (vi) witnesses as necessary to prepare for trial
or testimony in this action. 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’s right to examine confidential records under N.C.G.S. §153A-98, to
the extent permitted by law.
Confidential information obtained in accordance with the provisions of paragraph
2 above shall not be made available to any person designated in paragraph 3 (v) unless he or she
shall have first read this Order and shall have agreed, by letter submitted to counsel for the
Defendants named in this Order: (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.
If the Court orders, or if counsel for Defendants named in this Order agrees, that
access to, or dissemination of, information obtained as confidential information shall be made to
persons not included in paragraph 3 above, such matters shall only be accessible to, or
disseminated to, such persons based upon the conditions pertaining to, and obligations arising from
this Order, and such persons shall be considered subject to it.
Any confidential information submitted to the Court in connection with a motion
or other proceeding within the purview of this action, and marked in accordance with paragraphs
2 above, shall be submitted along with a concurrently-filed motion to seal made pursuant to LCvR
6.1(c). Any portion of a transcript in connection with this action containing any confidential
information submitted pursuant to paragraphs 1 and 2 shall be bound separately and filed under
seal. 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.” Nothing in this
Order prevents either party from filing unsealed motions, briefs and exhibits with confidential
information or documents redacted from said filings.
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 the attention
of the Court and opposing counsel, 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.
If a party contends that any material is not entitled to confidential treatment, such
party may at any time give written notice to the party who designated the material. The party who
designated the material shall have twenty-five (25) days from the receipt of such written notice to
apply to the Court for an order designating the material as confidential. The party seeking the
Order has the burden of establishing that the document is entitled to protection.
Upon final adjudication of this action, all confidential information subject to the
provisions of this Order (including any copies made and/or computer materials made or stored)
shall be disposed of in the manner provided by a separate final Order to issue from this Court.
This Order is entered without prejudice to any Party seeking further orders from
the Court regarding the additional disclosure of, or restriction of, confidential information.
Signed: February 6, 2024
CONSENTED TO BY:
/s/ Joshua Van Kampen
Attorney for Plaintiff
/s/ Patrick H. Flanagan
Attorney for Defendants
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