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Albright v. Charlotte-Mecklenburg Board of Education

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

March 21, 2018

INEZ ANNETTE ALBRIGHT, Plaintiff,
v.
CHARLOTTE-MECKLENBURG BOARD OF EDUCATION, ERIC WARD Individually, CHAUNEL JOHNSON Individually and AVERY MITCHELL Individually, Defendants.

          CONSENT PROTECTIVE ORDER

          DAVID S. CAYER, UNITED STATES MAGISTRATE JUDGE.

         Pursuant to Rule 26(c) of the Federal Rules of Civil Procedure, N.C. Gen. Stat. §§ 115C-319 and 115C-321, and 20 U.S.C. § 1232g and 34 CFR § 99.31, upon stipulation by the parties, the Court enters the following Order:

         In the course of this action, Plaintiff may request production of documents and information contained in personnel records concerning applicants, current and/or former employees and education records of students of Defendant Charlotte-Mecklenburg Board of Education (“Defendant”), or Defendant may use such documents and information in its defense.

         Portions of such documents and information may be confidential personnel records of local boards of education protected from disclosure under N.C. Gen. Stat. §§ 115C-319 and 115C-321, or confidential student records protected from disclosure under 20 U.S.C. § 1232g and 34 CFR § 99, but which may be disclosed pursuant to court order under N.C. Gen. Stat. § 115C-321(a)(4) and 34 CFR § 99.31 and the circumstances applicable here.

         The parties have an interest in limiting disclosure of the records and information for any purposes other than the litigation process of this case.

         Documents and information have been and will be sought, produced or exhibited by and among the parties to the above-captioned case, which documents and information include certain materials designated as confidential (“Confidential Materials”) that may be produced or otherwise disclosed during the course of this lawsuit.

         IT IS HEREBY ORDERED THAT:

         1. Confidential Personnel Information.

         “Confidential Personnel Information” of current and former employees of Defendant and applicants for employment with Defendant (who are not Plaintiffs in this litigation) includes personnel file information as defined in N.C. Gen. Stat. § 115C-319, and includes information which concerns or relates to an individual's application, selection or non-selection, promotions, demotions, transfers, leave, salary, suspension, performance evaluations and forms (including observations), disciplinary actions, termination of employment, grievances, complaints, any EEOC or discrimination matters, human resources and other investigations, licensure information, and similar information and documents, wherever located and in whatever form. Confidential Personnel Information may be located in, but not limited to, the following documents or materials: (i) personnel files, (ii) interview files and the information contained therein, (iii) supervisory notes and documentation, (iv) investigative files that include incident reports, as well as notes, photos, videos and audio recordings, and (v) employment files maintained by employee relations, by school administrators at Harding High School where Plaintiff worked, or by other CMS administrators.

         2. Confidential Personal Information.

         Plaintiff has been asked to produce medical records or other health-related information as well as personal financial and tax records and private communications with others, including with friends and family.

         3. Confidential Student Information.

         The lawsuit involves a physical altercation between Plaintiff and several students. The student records of those students, including specifically their prior school discipline records, may be pertinent to the factual issues in the case.

         4. Designation of Records as Confidential.

         Any party producing or furnishing information to another party, to the Court, or at a deposition in connection with this litigation, may designate as “Confidential, ” in accordance with the procedures set forth herein, any such information, document or part thereof, interrogatory answer, response to request for admissions, deposition testimony, excerpts and summaries of such information, or other materials as set forth in this Order. Confidential Personnel Information, Personal Information and Student Information may be designated as ...


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