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Harper v. Lemon

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

September 13, 2017

MICHAEL S. HARPER, Plaintiff,
v.
TERRY LEMON, FNU WHITLEY, Defendants.

          FOR DEFENDANTS: JOSH STEIN Attorney General

          Kimberly D. Grande Assistant Attorney General

          FOR PLAINTIFF: D. Jared Nobles, Jr.

          ORDER

          Graham C. Mullen, United States District Judge

         Upon a Joint Motion for Protective Order, filed by Defendants Terry Lemon and FNU Whitley, (Doc. No. 64), the motion is hereby GRANTED, according to the following terms:

         The discovery process in this action may involve the production of information (which term includes, but is not limited to, data or data compilations in the form of documents, electronic media, testimony, or any other form or medium and documents in possession of the North Carolina Department of Public Safety (“NCDPS”) regarding Plaintiff Michael Harper (OPUS #1078044) and other individuals who are or have been in custody with or employed by NCDPS that a party contends is confidential. Good cause exists for the entry of a protective order limiting the disclosure of such information.

         Pursuant to Fed.R.Civ.P. 26(c), it is ORDERED as follows:

         1. Scope of the Order.

         This Order applies to all information produced in discovery, filed, or otherwise presented in the course of the prosecution or defense of this action, provided that the presiding judicial officer shall determine the procedure for presentation of Confidential Information at pre-trial hearings and trial.

         2. Use of Confidential Information.

         All Confidential Information, as defined in 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 pretrial, trial, and post-trial proceedings in this action, and shall not be used or disclosed by any person for any other purpose.

         3. Disclosure.

         “Disclose” or “disclosure” means to provide, impart, transmit, transfer, convey, publish, or otherwise make available.

         4. Confidential Information.

“Confidential Information” consists of “General Confidential Information” and “Attorneys' Eyes Only Confidential Information, ” which are defined as follows:

         a. “General Confidential Information” means:

1) The personnel file, as that term is defined in N.C. G.S. § 126-22(3), maintained by the North Carolina Department of Public Safety (“DPS”) of any current or former employee of the DPS, excluding personal information about the employee as described in Paragraph 4(b)(1).
2) The medical and mental health records generated in the treatment or handling of the named Plaintiff during his incarceration within the NCDPS which are deemed confidential by N.C. G.S. §§ 148-74 and -76.
3) Records generated in the housing and handling of the named Plaintiff during his incarceration within the NCDPS, including video recordings, which are deemed confidential by N.C. G.S. §§ 148-74 and -76.
4) Other information that is potentially embarrassing or invasive of the privacy of a person not a party to this litigation and therefore an appropriate subject of a protective order under ...

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