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McConnell v. Watauga County North Carolina

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

April 26, 2018

JAMES EDWARD MCCONNELL and wife, KIM MCCONNELL, Plaintiff,
v.
WATAUGA COUNTY NORTH CAROLINA, directly and vicariously acting as THE WATAUGA COUNTY DEPARTMENT OF SOCIAL SERVICES; THOMAS HUGHES, individually and in his official capacity as Director of Watauga County Department of Social Services; JENNIFER SMITH, individually and in her official capacity as a social services Investigator; JESSICA WINEBARGER, individually and in her official capacity as a social services worker; CHAD SLAGLE, individually and in his official capacity as a social services Supervisor; SHERIFF LEN D. HAGAMAN, under his bond and in his official capacity as THE SHERIFF OF WATAUGA COUNTY; JASKA “DEE DEE” ROMINGER, individually and in her official capacity as an investigator and Deputy Sheriff with the Watauga County Sheriff's Department; and WESTERN SURETY COMPANY, SURETY on the bond of Sheriff Len D. Hagaman, Defendants.

          William E. Moore, Jr. NC. Bar # 9962 GRAY, LAYTON, KERSH, SOLOMON, FURR & SMITH, P.A. Attorneys for Plaintiffs,

          Bradley O. Wood, Esq. NC State Bar No. 22392 WOMBLE BOND DICKINSON (USA) LLP One West Fourth St. Attorneys for Defendants

          CONSENT PROTECTIVE ORDER

          DAVID C. KEESLER UNITED STATES MAGISTRATE JUDGE

         NOW COME the parties, through their counsel of record, pursuant to Rule 26(c) of the Federal Rules of Civil Procedure and jointly move upon stipulation and agreement, for the entry of the following Consent Protective Order and Confidentiality Agreement (“Agreement”):

         1. This Agreement governs the handling and disclosure of all material produced, given, or filed herein by the parties and designated as “CONFIDENTIAL” or “CONFIDENTIAL INFORMATION.”

         2. Definitions.

a. “Document” means all writings, drawings, pictures, graphs, brochures, charts, video or audio recordings, and any other documents, or copies thereof, as defined in Rule 34 of the Federal Rules of Civil Procedure.
b. “Material” means any document or compilation of documents, any answer to any interrogatory or other discovery request, any portion of any deposition (including deposition exhibits), and any other information produced, given, or filed in this action.
c. “Parties” means Plaintiffs JAMES EDWARD MCCONNELL and wife, KIM MCCONNELL, and Defendants, WATAUGA COUNTY NORTH CAROLINA, THE WATAUGA COUNTY DEPARTMENT OF SOCIAL SERVICES; THOMAS HUGHES, individually and in his official capacity as Director of Watauga County Department of Social Services; JENNIFER SMITH, individually and in her official capacity as a social services Investigator; JESSICA WINEBARGER, individually and in her official capacity as a social services Caseworker; CHAD SLAGLE, individually and in his official capacity as a social services Supervisor; SHERIFF LEN D. HAGAMAN, in his official capacity as THE SHERIFF OF WATAUGA COUNTY; JASKA “DEE” ROMINGER, individually and in her official capacity as an investigator and Deputy Sheriff with the Watauga County Sheriff's Department; and WESTERN SURETY COMPANY (surety on the bond of Sheriff Len D. Hagaman).

         3. A party producing documents or information in this case pursuant to this Agreement may designate as CONFIDENTIAL INFORMATION any material produced in the course of discovery in this matter that he/she/they/it believes contains confidential or proprietary information by writing, typing, or stamping on the face of such material, or on a page immediately preceding the material, the words “CONFIDENTIAL” or “CONFIDENTIAL INFORMATION, ” or by otherwise notifying counsel for the parties in writing that such material is designated as CONFIDENTIAL INFORMATION, and, in the case of deposition transcripts and exhibits, also the court reporter, at the time of the production of the document or within 30 days of receipt of the deposition transcript. In the event that CONFIDENTIAL INFORMATION is contained in any written response to a discovery request, in any deposition transcript, or in any exhibit thereto, the words “CONFIDENTIAL” or “CONFIDENTIAL INFORMATION” shall be placed thereon.

         4. The production or disclosure of CONFIDENTIAL INFORMATION pursuant to the terms of this Agreement by the producing party shall not waive or prejudice the right of the producing party to object to the production or admissibility of documents or information on grounds other than confidentiality in this action or on grounds in any other action.

         5. In the event confidential or, proprietary material is inadvertently produced without placing the designation “CONFIDENTIAL” or “CONFIDENTIAL INFORMATION” thereon, the party or producing third party may, subsequent to the production, or subsequent to the 30-day period for designating deposition transcripts, designate the material as CONFIDENTIAL INFORMATION if such designation is made within 30 days of the initial production. In such event, the material shall be treated in accordance with the terms of this Agreement from the time of the designation.

         6. Should a party object to the designation of any material as CONFIDENTIAL INFORMATION that party may go before the Court at any time for a determination that the material shall not be so treated. Until the Court enters an Order changing the designation of the material, it shall be treated as confidential as provided for in this Agreement. The parties further agree that pending a ruling on this issue, they will not disclose the disputed CONFIDENTIAL INFORMATION to third parties/nonparty witnesses who are not otherwise bound by the terms of this Agreement.

         7. Except upon further Order of the Court, CONFIDENTIAL INFORMATION, and information derived therefrom, shall ...


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