Comer v. Reid et al

Filing 8

PROTECTIVE ORDER. Signed by Magistrate Judge David Keesler on 7/15/2014. (cbb)

UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
STATESVILLE DIVISION
CIVIL ACTION NO. 5:14-CV-071-RLV-DCK
CYNTHIA H. COMER, as Administrator
of the Estate of JASON SAMUEL
SETZER,
Plaintiff,
v.
JAMES COY REID, Individually and in
his Personal Capacity and his Official
Capacity as Sheriff of Catawba County,
North Carolina, BOB RILEY, MARK
WILLIAM SHOOK, Individually and in
their Personal Capacities and their Official
Capacities as Captains of Catawba County
Detention Facility, ALAN LYN MINTON,
Individually and in his Personal Capacity
and his Official Capacity as Corporal of
Catawba County Detention Facility,
CHAD BLACK, Individually and in his
Personal Capacity and Official Capacity as
a Detention Officer of the Catawba County
Detention Facility, LIBERTY MUTUAL
INSURANCE COMPANY, a Surety
Company for the Sheriff of Caldwell
County, North Carolina,
Defendants.

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PROTECTIVE ORDER CONCERNING
THE PRODUCTION OF THE STATE
BUREAU OF INVESTIGATION FILE

Counsel for the parties herein and the North Carolina State Bureau of Investigation
(hereinafter “SBI”) stipulate to the entry of this Protective Order allowing release of SBI File No.
2012-00789 to counsel for the parties herein based upon the following facts and conditions:
1.

The parties, in the course of this action, have requested the release of the SBI
investigative file into the death of Plaintiff’s decedent, Jason Samuel Setzer.

2.

The SBI investigative file appears to be material and relevant to the subject matter
involved in this matter.

3.

The following definitions apply herein:
a.

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“SBI Report” refers to the materials contained in SBI File No. 2012-00789, the

related laboratory reports and findings, and any photographs taken in conjunction
with the investigation into the aforementioned death.
b.

c.

“Material” means any document, any answer to any interrogatory or other
discovery request in this action, any portion of any deposition (including
deposition exhibits) in this action, and any other information produced, given, or
filed in this action.

d.
4.

“Document” means all writings, drawings, graphs, charts, recordings, and any
other documents as defined in Rule 34 of the Federal Rules of Civil Procedure.

“Parties” means Plaintiff and Defendants in this action.

Counsel for the SBI, after reviewing this file and related documents, has determined that
the SBI has no objection to producing the SBI Report to the parties for the following
reasons:
a.

b.

There is no prejudice to the SBI by releasing this material.

c.

There are no identities of persons contained in this material which need to be
protected, and

d.

5.

No policy reason exists for denial of the request of the parties for production of
this material.

Any criminal investigation which might have been the subject of this file has been
concluded.

Except as may be otherwise provided by further order of the Court, documents contained
within the SBI Report shall be used for no purpose other than prosecuting or defending
this action and shall be disclosed only to the persons identified below.
a.
b.

The parties and attorneys of record for the parties, and their legal assistants; other
staff members, and law student clerks; insurers, their agents and employees;
outside companies engaged by attorneys for the parties to photocopy such
documents.

c.

Any potential or actual deposition or trial witness when the documents are
materially related to the questions asked to or testimony of such witness.

d.

Mediators.

e.

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The Court and its staff.

Consultants and technical experts involved in the preparation of this action.

f.

Court reporters, their transcribers, assistants and employees.

g.

The jury and trier of fact.

6.

In addition, the above individuals and entities that are permitted access to the SBI Report
materials and information are hereby ordered not to show, convey or reproduce any
documents so designated or parts thereof, or copies thereof, or any matter contained
therein, or any extracts or summaries thereof, to any individual, or to any entity that
would not otherwise have access to said documents under the provisions of this
Protective Order, except to the qualified persons listed above.

7.

Counsel may make copies of material contained within the SBI Report for Plaintiff’s or
Defendants’ experts upon receiving from said experts a written agreement that they will
be bound by the terms of this Protective Order. The requirement of obtaining such an
agreement shall be satisfied by having each of Plaintiff’s or Defendants’ experts read,
acknowledge and agree in writing to be bound by this Protective Order. A file of all such
written acknowledgments shall be maintained by Plaintiff’s and/or Defendants’ counsel.
By signing the declaration agreeing to be bound by this Protective Order, each of
Plaintiff’s or Defendants’ experts submits himself or herself to the jurisdiction of the
Court for purposes of enforcement of this Protective Order.

8.

The production or disclosure of documents and materials in the SBI Report, 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 any applicable grounds.

9.

This Protective Order shall not prevent any party, or the SBI, from applying to the Court
for relief from this Protective Order or from applying to the Court for further or
additional Protective Orders, or from agreeing between themselves to modification of this
Protective Order, with the concurrence of the SBI and subject to the approval of the
Court.

AGREED TO BY:
/s/ Angel Gray
Angel Gray
Legal Counsel for the NCSBI
P.O. Box 29500
Raleigh, NC 27626
[e-mail]
/s/ Sarah Jessica Farber
Sarah Jessica Farber
Attorney for Plaintiff
Farber Law Firm, P.L.L.C.
PO Box 40902
Raleigh, NC 27629-0902

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E-mail: [e-mail]

/s/ Patrick H. Flanagan
Patrick H. Flanagan
Attorneys for Defendants
Cranfill, Sumner & Hartzog, LLP
P.O. Box 30787
Charlotte, NC 28230
E-mail: [e-mail]

SO ORDERED.

Signed: July 15, 2014

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