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Wiggan v. University of North Carolina at Charlotte

United States District Court, W.D. North Carolina

March 8, 2019

GREG A. WIGGAN, Dr., Plaintiff,
v.
UNIVERSITY OF NORTH CAROLINA AT CHARLOTTE, Defendant.

          JOSHUA H. STEIN, Attorney General, Zachary Padget Assistant Attorney General, Attorney for Defendant

          Geraldine Sumter, N.C. Bar No. 11107, Ferguson Chambers & Sumter, P.A., Attorney for Plaintiff

          CONSENT CONFIDENTIALITY AND PROTECTIVE ORDER

          DAVID C. KEESLER, UNITED STATES MAGISTRATE JUDGE

         WHEREAS, in this action, Plaintiff Dr. Greg A. Wiggan, a current employee of University of North Carolina at Charlotte (UNCC), alleges that he has been discriminated against in violation of Title VII;

         WHEREAS, discovery sought in this action may require the production of certain confidential information, including but not limited to documents related to State employee personnel files protected pursuant to N.C. Gen. Stat. § 126-22 et seq.; and

         WHEREAS, the parties seek to expedite the flow of discovery material, facilitate the prompt resolution of disputes over confidentiality, protect adequately material entitled to be kept confidential, and ensure that protection is afforded only to materials so entitled.

         THEREFORE, there is good cause for the issuance of this Order pursuant to the Court's authority under Federal Rule of Civil Procedure 26(c). It is hereby ordered, with the consent of the Parties, as follows:

         1. Nondisclosure of Confidential Information in Discovery Responses.

         Except with the prior written consent of the Party or other person originally designating information or a document as confidential, or as hereinafter provided under this Order, no Confidential Information obtained through discovery may be disclosed to any person.

         “Confidential Information” means any information or document designated in writing by a Party as “Confidential, ” or which bears the legend or is noted as “Confidential” to signify that it contains information believed to be subject to protection under N.C. Gen. Stat. § 126-22 et seq.; Family Educational Rights and Privacy Act, 20 U.S.C. § 1232g, including its implementing regulations; Health Insurance Portability and Accountability Act of 1996, including its implementing regulations; and Federal Rule of Civil Procedure 26(c). For purposes of this Order, the term “document” means all written, stored, recorded, or graphic material, whether produced or created by a Party or another person, whether produced pursuant to Federal Rule of Civil Procedure 34 (“Rule 34”), subpoena, by agreement or otherwise. Interrogatory answers, responses to requests for production of documents, responses to requests for admission, deposition transcripts and exhibits, pleadings, motions, affidavits, and briefs that “summarize” and/or that contain materials entitled to protection may be accorded “confidential” status, but, to the extent feasible, shall be prepared in such a manner that the confidential information is segregated from that not entitled to protection.

         2. Permissible Disclosures.

         Notwithstanding paragraph 1 herein, Confidential Information may be disclosed to any Party to this action; to counsel for the Parties; to the partners, associates, secretaries, paralegals, assistants, and employees of such attorney to the extent reasonably necessary to render professional services to the Party; and to court officials involved in this litigation (including court reporters and persons operating video recording equipment at depositions). Subject to the provisions of this paragraph, such Confidential Information may also be disclosed:

A. To any person designated by the Court in the interest of justice, upon such terms as the Court may deem proper;
B. To persons noticed for depositions or designated as trial witnesses to the extent reasonably necessary in ...

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