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Wynn v. Parsons

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

November 30, 2017

STACEY WYNN, Plaintiff,
v.
LAWRENCE H. PARSONS, et al., Defendants.

          PROTECTIVE ORDER

          Frank D. Whitney, Chief United States District Judge

         THIS MATTER is before the Court on Plaintiff's Consent Motion for Entry of Protective Order, (Doc. No. 61), [1] seeking the release of North Carolina State Bureau of Investigations (“SBI”) Reports. The motion is granted as follows.

         The parties herein (specifically all Plaintiffs and all answering Defendants, collectively referred to hereinafter as “parties”), and the SBI stipulate to the entry of this Protective Order allowing release of SBI files regarding investigations into the Lanesboro Correctional Institution from January 1, 2009, through the present as detailed in the Schedule of Documents To Be Produced attached to the Subpoena served on the SBI pursuant to Fed.R.Civ.P. 45 on October 1, 2017. (Doc. No. 61-1 at 10).

         Counsel for the parties and the SBI stipulate and agree to the following statements of facts which authorize the Court's entry of the Protective Order:

         1. The parties seek the release of the SBI investigation reports for the parties' review and possible use in this lawsuit.

         2. The SBI reports are material and relevant to the subject matter involved in this matter.

         3. Definitions.

a. SBI Reports refers to any and all documents and materials contained in SBI files included in the aforementioned subpoena, including the related laboratory reports and findings, and any videos obtained or taken and any photographs obtained or taken in conjunction with the investigation.
b. Document means all writings, drawings, graphs, charts, recordings, and any other documents as defined in Rule 34 of the Federal Rules of Civil Procedure.
c. Material means any document, any answer to any interrogatory or other discovery request in this action, any portion of any deposition (including deposition exhibits) in this action, and any other information produced, given, or filed in this action.
d. Parties mean the Plaintiffs and Defendants in this action.

         4. Counsel for the SBI, after reviewing this file and related documents, has determined that the SBI has no objection to producing the SBI Reports to the parties in response to Plaintiffs' request for the following reasons:

a. No policy reason exists for denial of the request of Plaintiffs for production ...

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