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Durrett v. City of Charlotte

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

November 3, 2017

LINDA E. DURRETT, Plaintiff,
v.
CITY OF CHARLOTTE, Defendant.

          FOR PLAINTIFF: Julie H. Fosbinder, Esq. N.C. State Bar No. 19400 FOSBINDER LAW

          FOR DEFENDANT: Hope A. Root Hope A. Root Deputy City Attorney N.C. Bar # 19771, Daniel Peterson Assistant City Attorney N.C. Bar # 41251

          STIPULATED PROTECTIVE ORDER

          DAVID C. KEESLER, UNITED STATES MAGISTRATE JUDGE

         It is hereby ORDERED by the Court that the following restrictions and procedures shall apply to certain information, documents and excerpts from documents supplied by the parties to each other in response to discovery requests:

         1. Counsel for any party may designate any document or information contained in a document as confidential if counsel determines, in good faith, that such designation is necessary to protect the interests of the client or third party. Information and documents designated by a party as confidential will be labeled “CONFIDENTIAL - PRODUCED PURSUANT TO PROTECTIVE ORDER” or designated as confidential in accompanying correspondence. “Confidential” information or documents may be referred to collectively as “confidential information.”

a. “Confidential information” means and includes the following:
i. Information that constitutes confidential, proprietary, or financial business information, trade secrets, strategic business records, or information subject to a legally protected right of privacy or a confidentiality agreement with a third party;
ii. “Personnel Information” of employees and/or former employees of Defendant City of Charlotte includes personnel file information as defined in N.C. G.S. § 160A-168, and includes, by way of illustration but not limitation, information relating to an individual's application, selection or nonselection, performance, promotion, demotion, transfer, leave, salary, suspension, performance evaluations and forms (including observations), disciplinary actions, termination of employment, and similar information and documents, wherever located and in whatever form;
iii. Medical records and reports; psychological records and reports; photographs, x-rays or illustrations, or other personal health-related information regarding Plaintiff or any other individual about whom such information is discovered.

         2. Unless otherwise ordered by the Court, or otherwise provided for herein, the confidential information disclosed will be held and used by the person receiving such information solely for use in connection with the above-captioned action.

         3. In the event a party challenges another party's confidential designation, counsel shall make a good faith effort to resolve the dispute, and in the absence of a resolution, the challenging party may thereafter seek resolution by the Court. Nothing in this Protective Order constitutes an admission by any party that confidential information disclosed in this case is relevant or admissible. Each party specifically reserves the right to object to the use or admissibility of all confidential information disclosed, in accordance with applicable law.

         4. Information or documents designated as “Confidential” shall not be disclosed to any person, except:

a. the requesting party and counsel;
b. employees of such counsel assigned to and necessary to assist in ...

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