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Knibbs v. Momphard
United States District Court, W.D. North Carolina, Asheville Division
August 13, 2019
MELISSA B. KNIBBS, as Personal Representative of the Estate of MICHAEL SCOTT KNIBBS Plaintiff,
ANTHONY MOMPHARD, JR. Individually and in his official capacity as a Deputy Sheriff of the Macon County Sheriff's Department, ROBERT HOLLAND, in his Official capacity as the Sheriff of Macon County, WESTERN SURETY COMPANY, a South Dakota Corporation, and THE OHIO CASUALTY NSURANCE COMPANY, a New Hampshire Corporation, Defendants.
Counsel for the North Carolina State Bureau of Investigation
Post Office Box 2950 North Carolina State Bureau of
Patrick H. Flanagan, Stephanie H. Webster Attorneys for
R. Melrose Adam R. Melrose Joshua D. Nielsen Attorneys for
PROTECTIVE ORDER FOR STATE BUREAU OF INVESTIGATION
CARLETON METCALF UNITED STATES MAGISTRATE JUDGE
matter is before the Court upon the Joint Motion for Release
of NCSBI Files (Doc. 18). The motion is allowed and the
parties' proposed protective order is entered, except as
modified where indicated.
parties herein, and the North Carolina State Bureau of
Investigation (hereinafter “SBI”) stipulate to
the entry of this Protective Order allowing release of the
SBI Report, File No. 2018-01296 regarding the investigation
into the officer involved shooting death of Michael Scott
Knibbs by Deputy Anthony Momphard, Jr.
for the parties and counsel for the SBI stipulate and agree
to the following statements of facts which authorize the
Court's entry of the Protective Order:
1. Plaintiffs, through counsel, have requested through
discovery the release of the SBI investigation report in this
2. The SBI report may be material and relevant to the subject
matter involved in this matter.
3. In addition, this order governs the handling and
disclosure of all materials produced, given, or filed herein
by the parties and designated as CONFIDENTIAL.
a. SBI Report refers to the materials contained in SBI File
No. 2018-01296, the related laboratory reports and findings,
and any photographs taken in conjunction with the
investigation into the officer involved shooting death of
Michael Scott Knibbs by Deputy Anthony Momphard, Jr.
b. Document means all writings, drawings, graphs, charts,
recordings, and any other documents as defined in Rule 34 of
the Federal Rules of Civil Procedure.
c. Material means any document, any answer to any
interrogatory or other discovery request in this action, any
portion of any deposition (including deposition exhibits) in
this action, and any other ...