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Boney v. North Carolina Department of Public Safety

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

July 18, 2018

PHILLIP BONEY, Plaintiff,
v.
NORTH CAROLINA DEPARTMENT OF PUBLIC SAFETY, Defendant.

          PROTECTIVE ORDER

          David C. Keesler United States Magistrate Judge

         Pursuant to Rule 26(c) of the Federal Rules of Civil Procedure and N.C. G.S. § 160A-168 and upon stipulation by the parties, the Court enters the following order:

         In the court of this action, Plaintiff may request production of documents and information contained in state personnel records concerning current and/or former state employees, or Defendant may use such documents and information in its defense.

         Portions of such documents and information may be state personnel records protected from disclosure under N. C. Gen. Stat. § 126-22 et seq., except under circumstances not 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 Defendants North Carolina Department of Public Safety includes personnel file information as defined in N.C. G.S. § 160A-168, 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, 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) any other similar documents, (v) medical records or other health-related information; and (vi) financial records related to Plaintiff.

         2. Designation as Confidential. Any party producing or furnishing information of any nature 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 may be designated as “Confidential.” Such designation shall be made at the time the information in produced or furnished, or at a later time as provided herein.

         3. Procedure for Designating Information as Confidential. Parties may designate Confidential Materials in the following manner:

(a) In the case of documents or other written materials, by affixing to each page of every such document, at the time of production, the word “Confidential” by stamp or other method that will make the word conspicuous;
(b) In the case of answers to interrogatories, designation shall be made by placing the word “Confidential” adjacent to or at the end of any answer deemed to contain confidential information. Alternately, answers deemed to contain confidential information may be bound separately and marked with the word “Confidential”; or
(c) In the case of depositions or other pretrial testimony in this action by the parties or any of their officers or employees, by a statement to that effect on the record by counsel for the party who claims that Confidential Material is about to be or has been disclosed. Unless `the parties intend to designate all of the information contained within a particular document or deposition testimony as Confidential Materials, counsel for that party should indicate in a clear fashion the portion of the document or testimony that is intended to be designated as confidential.

         4. Restricted Use of Information.

(a) Documents/information designated as “Confidential” pursuant to this Protective Order shall be used solely for the purposes of this action and shall not be disclosed to ...

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