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Ballard v. Hatley

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

October 10, 2019

ROBERT BALLARD, Plaintiff,
v.
FNU HATLEY, et al., Defendants.

          JOSHUA H. STEIN ATTORNEY GENERAL, TAMMERA S. HILL SPECIAL DEPUTY ATTORNEY GENERAL ATTORNEY FOR NCDPS

          C. HOUSTON FOPPIANO, GARY ADAM MOYERS ATTORNEYS FOR REGINA S. HOOKS, RN

          CONSENT PROTECTIVE ORDER

          FRANK D. WHITNEY CHIEF UNITED STATES DISTRICT JUDGE

         THIS MATTER is before the Court Defendant Regina S. Hooks, RN's Motion for Entry of Consent Protective Order Controlling Production of Confidential Information by North Carolina Department of Public Safety, Division of Adult Corrections [Doc. 65] pursuant to Rules 26 and 37 of the Federal Rules of Federal Procedure and Rule 7 of the Federal Rules of Civil Procedure.

         Defendant Hooks requests and Counsel for the Department of Adult Correction (DAC) consents to the entry of a consent protective order to authorize and govern the release of personnel and prisoner files to be produced by the North Carolina Department of Public Safety (NCDPS), which are deemed confidential pursuant to N.C. Gen. Stat. §§ 148-74 and -76 and may be confidential under 42 CFR 2.1 et seq., N.C. Gen. Stat. § 122C-52 and HIPAA. [Doc. 65 at ¶ 3]. Defendant Hooks argues she is unable to prepare an adequate defense to the Plaintiff's allegations without Plaintiff's NCDPS file. [Id. at ¶ 2]. Plaintiff has not objected or otherwise responded to Defendant Hooks' motion.

         Absent objection from the Plaintiff and because it appears that Plaintiff has put the subject of these records at issue in this litigation in any event, the Court will grant the request for a consent protective order.

         The Motion is hereby GRANTED, and the Court enters the following order.

         1. Scope of the Order. This Order requires NCDPS to disclose Confidential Information, as defined and designated in accordance with this Order, to counsel for Nurse Hooks. This Order governs the handling and disclosure of all documents, materials and information identified, produced, given, exchanged, obtained, or filed herein and which are designated by NCDPS as “Confidential Information.”

         2. Agreement on Use of Confidential Information. All Confidential Information, as defined and designated in accordance with this Order, shall be used solely in the prosecution or defense of this action including, but not limited to, mediation, other alternative dispute resolution processes, any other settlement process, and all other pre-trial, trial, and post-trial proceedings in this action and shall not be used or disclosed by any person for any other purpose.

         3. “Disclosure.” When used in this Order, the term “Disclosure” shall mean to provide, impart, transmit, transfer, convey, publish, or otherwise make available.

         4. “Confidential Information.” For the purposes of this Order and during the course of this litigation, the parties to this Order shall identify “Confidential Information” and define it as follows:

a. “Confidential Information” means:
i. Inmate records of Plaintiff Robert Ballard including, but not limited to, grievances, use-of-force reports, incident reports, external and internal movement records, confidential inmate witness statements provided in the course of disciplinary investigations, and infraction reports pertaining to Plaintiff for January 1, 2017 to present date;
ii. The medical records maintained by NCDPS pertaining to Plaintiff Robert Ballard for January 1, 2017 to present date;
iii. The mental health records maintained by NCDPS pertaining to Plaintiff Robert Ballard for January 1, 2017 ...

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