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Miller v. Union County Board of Education

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

October 10, 2017

TARYN MILLER, Plaintiff,
v.
UNION COUNTY BOARD OF EDUCATION and JANICE BURNS, in her official and individual capacity, Defendants.

          FERGUSON CHAMBERS & SUMTER, PA. Geraldine Sumter Attorneys for Plaintiff

          THARRINGTON SMITH, L.L.P .Deborah R. Stagner Attorneys for Defendants

          PROTECTIVE ORDER

          DAVID C. KEESLER, UNITED STATES MAGISTRATE JUDGE.

         Plaintiff and Defendants, 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, student 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 such documents and information must be safeguarded pursuant to N.C. Gen. Stat. §§115C-319, 115C-320, 115C-321, 115C-325, 115C-402 and the Family Educational Rights and Privacy Act (FERPA), 20 U.S.C. § 1232(g), 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 documents and information relating to current or former students, including Plaintiff, enrolled in the Union County Public Schools which are provided to any party in the above-captioned case shall be covered by the terms of this Order. The Parties in possession of such records shall comply with FERPA, which requires reasonable efforts to provide notice so that parents or eligible students may seek protective action prior to such production.
2. That all records which are maintained by law or policy in the personnel files of specific current and former employees of the Union County Board of Education which are provided to any party in the above-captioned case shall be covered by the terms of this Order.
3. That all documents and information relating to Plaintiff's medical and/or financial records which are provided to any party in the above-captioned case shall be covered by the terms of this Order.
4. 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.
5. 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 and the Administrative Procedures Governing Filing and Service by Electronic Means.
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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