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Holloway v. Charlotte-Mecklenburg Hospital Authority

United States District Court, W.D. North Carolina, Charlotte Division

May 25, 2017

FELISHA HOLLOWAY, Plaintiff,
v.
THE CHARLOTTE-MECKLENBURG HOSPITAL AUTHORITY, d/b/a CAROLINAS HEALTHCARE SYSTEM, Defendant.

          Kristen E. Finlon Finlon Law, PLLC Attorney for Plaintiff

          Philip A. Hinson Kevin V. Parsons Parsons Summa, A Partnership of PLLCs Attorneys for Defendant

          CONSENT PROTECTIVE ORDER

          GRAHAM C. MULLEN JUDGE

         Pursuant to Rule 26(c) of the Federal Rules of Civil Procedure, upon motion by the parties and it appearing that the discovery process in this action may involve the production of information that a party may contend is confidential and/or proprietary and that good cause exists for the entry of an Order limiting the disclosure of such information;

         IT IS THEREFORE ORDERED that:

         1. This Order governs the handling and disclosure of all materials produced, given, or filed herein by the parties and designated as “CONFIDENTIAL INFORMATION.” The Court understands that included in the types of information which may be sought or used by the parties in this case, is personnel file and other information protected by the North Carolina Public Hospital Personnel Act, N.C. Gen. Stat. § 131E - 257.2 (the “Personnel Act”). The Court hereby orders production of records and other information protected by the Personnel Act so long as those records and that information may be otherwise discoverable under the law.

         2. Definitions:

a. “Document” means all writings, drawings, graphs, charts, recordings, and any other documents as defined in Fed.R.Civ.P. 34.
b. “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.
c. “Parties” means Plaintiff Felisha Holloway, and Defendant The Charlotte-Mecklenburg Hospital Authority d/b/a Carolinas HealthCare System.
d. “Confidential Information” as used herein includes financial and health records of Plaintiff and personnel records of current and former employees of The Charlotte-Mecklenburg Hospital Authority, the Court and the parties recognizing that those personnel records are confidential pursuant to the North Carolina Public Hospital Personnel Act, N.C. Gen. Stat. § 131E-257.2, and all proprietary, business or other commercially sensitive information, whether documentary or otherwise, designated as “confidential” and delivered, produced or disclosed by any party in this action in response to an interrogatory, a request for production of documents, a deposition or otherwise, or delivered, produced or disclosed by any third party in response to a subpoena, deposition question or otherwise. The designation of documents or information as “Confidential Information” shall not be conclusive for purposes of the substantive issues in this case. The definition of “Confidential Information” does not establish or create any presumption that such information is discoverable or admissible and this Order shall be without prejudice to the right of any party to oppose production of any information on any other ground.

         3. A party or witness may designate as CONFIDENTIAL INFORMATION any material produced in the course of discovery that contains confidential information by affixing to each page of every such document, by stamp or other method which will make the work conspicuous, the word “CONFIDENTIAL.” In the case of deposition transcripts and exhibits, the parties may designate such materials as CONFIDENTIAL by a statement to that effect on the record by counsel for the party who claims that Confidential Information is about to be or has been disclosed, or by letter thereafter, submitted within twenty (20) days of receipt of the deposition transcript. In the event CONFIDENTIAL INFORMATION is contained in any written response to a discovery request, in any deposition transcript, or in any exhibit thereto, the confidential portion of such response, transcript, or exhibit shall be separately bound, and the words “CONFIDENTIAL” shall be placed thereon.

         4. In the event confidential, proprietary or sensitive material is inadvertently produced without placing the designation “CONFIDENTIAL” thereon, the party or witness may, subsequent to the production (or subsequent to the 20-day period for designating deposition transcripts), designate the material as CONFIDENTIAL INFORMATION. In such event, the material shall be treated in accordance with the terms of this Order from the time of the designation. Inadvertent or unintentional disclosure of CONFIDENTIAL INFORMATION shall not be deemed a waiver in whole or in part of its claim of confidentiality with respect to either the information so disclosed or any other related information.

         5. Should a party object to the designation of any material as CONFIDENTIAL INFORMATION that party may apply to the Court for a ruling that the material shall not be so treated. Acceptance by a party of any confidential information, document or thing identified as CONFIDENTIAL INFORMATION hereunder shall not constitute a concession that the information, document or thing is CONFIDENTIAL ...


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