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Dudley v. City of Kinston

United States District Court, E.D. North Carolina, Eastern Division

August 9, 2019

HOWARD DUDLEY, Plaintiff,
v.
CITY OF KINSTON and A.N. GREENE, in his individual capacity, Defendants.

          Kathryn H. Shields Special Deputy Attorney General Counsel for District Attorney Delbridge.

          Sonya Pfeiffer David S. Rudolf Counsel for Plaintiff.

          Michael D. Mori Counsel for Defendants.

          CONSENT PROTECTIVE ORDER

          ROBERT T. NUMBERS, II UNITED STATES MAGISTRATE JUDGE

         Pursuant to Rule 26(c) and with the consent of the parties as designated below, the Court finds and orders as follows:

         1. Defendants served a subpoena on Matt Delbridge, District Attorney for North Carolina's 9th Prosecutorial District, asking him to produce the following documents: “any and all documents relating to and/or discussing State v. Howard Denice Dudley, including but not limited to File No. 91-CRS-11955. Specifically requested is the entire copy of the District Attorney's file (as opposed to the Clerk's file) reflecting this case.”

         2. The documents requested by Defendants from Mr. Delbridge may be material and relevant to the claims and defenses asserted in this civil action pursuant to Rule 26 of the Federal Rules of Civil Procedure.

         3. The documents that Defendants command Mr. Delbridge to produce include documents that constitute attorney work product that is protected by the attorney work product privilege and state law pursuant to N.C. Gen. Stat. § 15A-904; records of criminal investigations by public law enforcement agencies that are protected by state law pursuant to N.C. Gen. Stat. § 132-1.4(a); confidential medical information and medical examination reports of Amy Moore; personally identifying information of the plaintiff, Amy Moore, and witnesses; Lenoir County Department of Social Services reports that are protected by state law pursuant to N.C. Gen. Stat. § 7B-2901(b); and a portion of a juvenile court record that is protected by state law pursuant to N.C. Gen. Stat. § 7B-3000(b).

         4. With the consent of the parties and Mr. Delbridge, the Court finds that a protective order is appropriate and imposes the following terms and conditions on the use and disclosure of protected records. Such records shall be revealed only to and used only by “qualified persons” as provided in subparagraph 5(a)-(d) of this Order and only in connection with the prosecution and defense of this lawsuit, and any appeal thereof.

         5. As used herein, “qualified persons” means:

a. This Court, including its staff and any jury selected in this case, under such safeguards as are provided in this Order or as are required by the Court in the event any confidential matter is to be used or introduced at trial;
b. Present and subsequent in-house and outside counsel for the parties to this action, together with their paralegals, investigators and employees actually working on the case at any time;
c. Outside experts consulted or retained by counsel in connection with the preparation for trial or trial;
d. The individual and entity parties to this action and witnesses in connection with the preparation for ...

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