United States District Court, W.D. North Carolina, Charlotte Division
Carolina Department of Justice Kimberly D. Grande, Thomas M.
Woodward, Attorneys for Defendants.
Jonathan M. Watkins, William M. Butler, Benjamin F. Leighton,
MOORE & VAN ALLEN PLLC, Attorneys' for Plaintiff
CONSENT PROTECTIVE ORDER
C. Mullen United States District Judge.
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
Quincy Teeyon Ketter and other individuals who are or have
been in custody with NCDPS) that a party contends is
confidential. Good cause exists for the entry of a protective
order limiting the disclosure of such information.
to Fed.R.Civ.P. 26(c), it is ORDERED as follows:
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.
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.
Disclosure. "Disclose" or
"disclosure" means to provide, impart, transmit,
transfer, convey, publish, or otherwise make available.
Confidential Information. "Confidential
Information" consists of "General Confidential
Information" and "Attorneys' Eyes Only
Confidential Information, " which are defined as
"General Confidential Information" means:
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).
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.
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.
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 Rules of Civil
Procedure. 5) Reports of, investigations into, and any
findings regarding alleged incidents of abuse by any named
Defendant against Plaintiff or anyone other than the named
"Attorneys' Eyes Only Confidential Information"
Information including reports, records, and all other
documents pertaining to other inmates not ...