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Idyle v. North Carolina Department of Correction Medical Department

United States District Court, E.D. North Carolina, Western Division

February 5, 2014

DENNIS C. IDYLE, Plaintiff,
v.
NORTH CAROLINA DEPARTMENT OF CORRECTION MEDICAL DEPARTMENT and DR. LAND, Defendants.

Joseph Finarelli, Special Deputy Attorney General, ROY COOPER, Attorney General, N.C. Bar No. 26712, Attorney for DAC.

Elizabeth P. McCullough, Young Moore and Henderson, P.A., Adam C. Stacy, Attorneys for Eurgia C. Land, M.D.

CONSENT ORDER

LOUISE WOOD FLANAGAN, District Judge.

Certain confidential documents, material, and information (hereinafter, "Confidential Information") in the possession, custody or control of the North Carolina Department of Public Safety, Division of Adult Correction (hereinafter, "the DAC") is necessary for Defendant, Eurgia C. Land, M.D. ("Defendant Land"), to obtain in order to answer or otherwise respond to the Complaint filed by Plaintiff and to otherwise defend against Plaintiff's allegations in the above named suit and it may be necessary that additional Confidential Information will need to be disclosed during the course of this litigation. It is anticipated that some portion of the Confidential Information relates to Plaintiff, an inmate currently or formerly in the custody of the DAC, or relates to current or former employees, contract employees or independent contractors the DAC. The Confidential Information is expected to include inmate records deemed confidential pursuant to N.C. G.S. §§ 148-74 and-76. In addition, the information may also be confidential under 42 CFR 2.1 et seq., N.C. G.S. § 122C-52, and HIPAA. In light of the confidentiality of this material, and in an effort to protect that confidentiality, the DAC requires entry of a consent order to order the release of the Confidential Information and to ensure that Confidential Information is not disclosed or used for any purpose except in connection with this litigation. In the interests of justice and to further the legitimate causes of this litigation, the agrees to disclose the Confidential Information in its custody and possession to Young Moore & Henderson, Counsel for the Defendant Land, subject to the conditions set forth herein and by the Court. Accordingly, upon the agreement of counsel, it is hereby ORDERED that:

1. Scope of the Order. This Order requires DAC to disclose Confidential Information, as defined and designated in accordance with this Order, to Counsel for the Defendant. This Order governs the handling and disclosure of all documents, materials and information identified, produced, given, exchanged, obtained, or filed herein and which are designated by DAC as "confidential information."
2. Agreement on Use of Confidential Information. All Confidential Information, as defined and designated in accordance with this Order, shall be used solely in the prosecution or defense of this action including, but not limited to, mediation, other alternative dispute resolution processes, any other settlement process, and all other pre-trial, trial and post-trial proceedings in this action and shall not be used or disclosed by any person for any other purpose.
3. "Disclosure." When used in this Order, the term "Disclosure" shall mean to provide, impart, transmit, transfer, convey, publish, or otherwise make available.
4. "Confidential Information." For the purposes of this Order and during the course of this litigation, the parties to this Order identify "General Confidential Information" and define it as follows:
a. "General Confidential Information" means:
(1) Inmate records of Plaintiff Dennis C. Idyle including, but not limited to, grievances, use-of-force reports, incident reports, external and internal movement records, disciplinary reports, and infraction reports;
(2) The medical records maintained by the DAC pertaining to Plaintiff Dennis C. Idyle; and
(3) Other documents, materials, or information that are potentially embarrassing or invasive of the privacy of a person not a party to this litigation and therefore an appropriate subject of a Consent Order.
5. Disclosure of Confidential Information. General Confidential Information shall not be ...

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