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Cole v. Wake County Board of Education

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

July 3, 2017

WANZA COLE, Plaintiff,
v.
WAKE COUNTY BOARD OF EDUCATION, Defendant.

          THARRINGTON SMITH, LLP COLIN A. SHIVE ATTORNEYS FOR DEFENDANT

          HAIRSTON LANE, P.A. JAMES E. HAIRSTON, JR. ATTORNEYS FOR PLAINTIFF

          STIPULATED CONSENT PROTECTIVE ORDER

          Robert T. Numbers, II United States Magistrate Judge

         Plaintiff and Defendant, pursuant to Federal Rules of Civil Procedure 26(b) and 26(c), anticipating in this case the disclosure to each other of personnel records and information and medical and/or financial information in initial disclosures and in response to discovery requests and recognizing that the private and confidential nature of personnel records and information must be safeguarded pursuant to N.C. Gen. Stat. §§115C-319, 115C-320, 115C-321, and 115C-325, consent to disclose said documents and information upon the conditions set forth in this Protective Order, which conditions are consented to by the parties.

         IT IS THEREFORE ORDERED:

         1. That all records which are maintained by law or policy in the personnel files of specific current and former employees of the Wake County Board of Education or in the files of applicants for positions with Wake County Schools, which are provided to any party in the above-captioned case, shall be covered by the terms of this Order.

         2. That all medical and/or financial records of plaintiff, which are provided to any party in the above-captioned case, shall be covered by the terms of this Order.

         3. That any party which provides documents subject to this Order shall label said documents: “Confidential - Subject to Protective Order.” Each party retains the right to challenge the confidential designation of any particular document and to have the Court determine its proper designation. Notwithstanding the “confidential” designation, a party may redact certain sensitive information within a particular document, such as social security numbers, dates of birth, financial account information, etc. See Fed. R. Civ. P. 5.2. However, a party may not redact any information regarding the name or identity of a potential witness, even if such witness is a minor, or other legitimately discoverable information. The Protective Order's sealing provisions shall be deemed sufficient to protect any such confidential information.

         4. Parties seeking to file or maintain under seal any documents labeled “Confidential” in accordance with the provisions of this Protective Order shall comply with the provisions of LCvR 6.1.

         5. Each time a party seeks to file under seal confidential documents, things, and/or information, said party shall accompany the request with a motion to seal and a supporting memorandum of law specifying (a) the exact documents, things, and/or information, or portions thereof, for which filing under seal is requested; (b) where it is necessary for the court to determine the source of the public's right to access before a request to seal may be evaluated, whether any such request to seal seeks to overcome the common law or the First Amendment presumption to access; (c) the specific qualities of the material at issue which justify sealing such material, taking into account the balance of competing interests in access; (d) the reasons why alternatives to sealing are inadequate; and, (e) whether there is consent to the motion. Finally, in addition to the motion and supporting memorandum, said party must set out such findings in a proposed order to seal for the court.

         6. Except as may be otherwise provided by further order of the Court, protected information and documents designated as confidential (“confidential documents”), as well as the matters contained therein and extracts and summaries thereof, shall be used for no other purpose than prosecuting or defending this action and shall be disclosed only to the persons identified in paragraph 7.

         7. Except as provided in paragraph 8, access to or use of protected information or any confidential documents, or any part thereof, as well as matters contained therein, shall be limited to:

a. The Court;
b. The parties and their officers, employees, and agents who are providing assistance to ...

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