United States District Court, W.D. North Carolina, Charlotte Division
H. STEIN ATTORNEY GENERAL, TAMMERA S. HILL SPECIAL DEPUTY
ATTORNEY GENERAL ATTORNEY FOR NCDPS
HOUSTON FOPPIANO, GARY ADAM MOYERS ATTORNEYS FOR REGINA S.
CONSENT PROTECTIVE ORDER
D. WHITNEY CHIEF UNITED STATES DISTRICT JUDGE
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.
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.
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.
Motion is hereby GRANTED, and the Court
enters the following order.
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
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.
“Disclosure.” When used in this
Order, the term “Disclosure” shall mean to
provide, impart, transmit, transfer, convey, publish, or
otherwise make available.
“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
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 ...