United States District Court, W.D. North Carolina, Charlotte Division
FERGUSON CHAMBERS & SUMTER, PA. Geraldine Sumter
Attorneys for Plaintiff
THARRINGTON SMITH, L.L.P .Deborah R. Stagner Attorneys for
C. KEESLER, UNITED STATES MAGISTRATE JUDGE.
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
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
a. The Court;
b. The parties and their officers, employees, and agents who
are providing assistance to ...