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Carpenter v. Trammel

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

June 27, 2018

RACHEL CARPENTER, as Administrator of the Estate of Pedro Cruz-Amado, Plaintiff,
v.
WILSON SCOTT TRAMMEL, et al., Defendants.

          Paul A. Tharp Attorney for Plaintiff

          Scott D. MacLatchie Attorney for Defendants

          CONSENT PROTECTIVE ORDER

          Dennis L. Howell United States Magistrate Judge

         Documents and information have been and will be sought, produced or exhibited by and among the parties to the above captioned proceeding, which documents and/or information may relate to employee personnel matters that may be disclosed only under court order, pursuant to N.C. Gen. Stat. § 153A-98(c). The parties seek an order to comply with the statute.

         By consent, IT IS HEREBY ORDERED THAT:

         1. The parties agree that Defendants Trammel and Norman are “employees” as the term is used in N.C. Gen. Stat. § 153A-98, although they are not employees of Cleveland County. Personnel information is information which “by way of illustration but not limitation, [is information] relating to [an employee's] application, selection or non-selection, performance, promotions, demotions, transfers, suspension and other disciplinary actions, evaluation forms, leave, salary, and termination of employment.” N.C. Gen. Stat. § 153A-98(a).

         2. Any such personnel information obtained in this action which is asserted by Defendants Wilson Scott Trammel or James Alan Norman to contain or constitute confidential personnel information, shall be clearly and prominently marked on its face with the legend: “CONFIDENTIAL, PROTECTIVE ORDER, ” or a comparable notice.

         3. The CONFIDENTIAL INFORMATION shall not be otherwise reviewed, disclosed or released to anyone other than:

a. Any party to this action;
b. Counsel for any party, the legal associates, clerical or other support staff of such counsel assisting in preparation of this action;
c. Agents, representatives and employees of either party, as is necessary to prepare this case for litigation, including mock jurors and/or juries, provided that no mock jurors or juries shall be permitted to maintain a copy of any evidence designated as Confidential Information; and that no Confidential Information may be disclosed to any juror/person until such person has read and signed a copy of this Order, thereby indicating his/her willingness to be bound by its provisions, which shall be maintained in confidence by the disclosing party subject to any order of disclosure by the court;
d. Subject to the provision of ¶ 5 below, independent experts employed by counsel for the purpose of assisting in this action;
e. The court, appellate court, court reporter and courtroom personnel at any deposition, pretrial hearing, or other proceedings held in connection with this action;
f. Subject to ΒΆ 5 below, any potential witness as necessary to prepare this case for litigation; provided, that no such person shall be permitted to maintain a copy of any document designated as Confidential Information; and that no Confidential Information may be disclosed to any person under this paragraph - except during a deposition, at trial, or when such witness is otherwise testifying - until such person has read and signed a copy of this Order, thereby indicating his/her willingness to be bound by ...

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