United States District Court, E.D. North Carolina, Eastern Division
Kathryn H. Shields Special Deputy Attorney General Counsel
for District Attorney Delbridge.
Pfeiffer David S. Rudolf Counsel for Plaintiff.
Michael D. Mori Counsel for Defendants.
CONSENT PROTECTIVE ORDER
T. NUMBERS, II UNITED STATES MAGISTRATE JUDGE
to Rule 26(c) and with the consent of the parties as
designated below, the Court finds and orders as follows:
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.”
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
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).
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
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
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 ...