United States District Court, W.D. North Carolina, Charlotte Division
CONSENT PROTECTIVE ORDER
S. CAYER, UNITED STATES MAGISTRATE JUDGE.
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:
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.
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.
parties have an interest in limiting disclosure of the
records and information for any purposes other than the
litigation process of this case.
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.
HEREBY ORDERED THAT:
Confidential Personnel Information.
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.
Confidential Personal Information.
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.
Confidential Student Information.
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.
Designation of Records as Confidential.
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 ...