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Sherrod v. Harkleroad

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

November 9, 2017

MARION LAMONT SHERROD, Plaintiff,
v.
SID HARKLEROAD, et al., Defendants.

          STIPULATED PROTECTIVE ORDER

         THIS MATTER is before the Court on the parties' Joint Motion for Protective Order, (Doc. No. 170).

         The parties agree that the discovery process in this action may involve the production of information and documents in the possession of Plaintiff Marion Lamont Sherrod (“Sherrod”) or the North Carolina Department of Public Safety (“NCDPS”) regarding Sherrod and/or 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 Rule 26(c) of the Federal Rules of Civil Procedure.

         IT IS, THEREFORE, ORDERED that the Joint Motion for Protective Order, (Doc, No. 170), is GRANTED 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, as defined in this Order, at pre-trial hearings and trial.

         2. Use of Confidential Information. All Confidential Information 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 NCDPS of any current or former employee of the NCDPS, 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 Rule 26(c)(1) of the Federal Rules of Civil Procedure.
5) Reports of, investigations into, and any findings regarding alleged incidents of excessive force by any named Defendant against Plaintiff or anyone other than the named Plaintiff.
6) Any other information, the disclosure of which a party believes in good faith would be harmful or prejudicial to it or another person.
b. “Attorneys' Eyes Only Confidential Information” means:
1) Information including reports, records, and all other documents pertaining to other inmates not named as a ...

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