United States District Court, W.D. North Carolina, Charlotte Division
PHILLIP R. SCOTT, Plaintiff,
FNU BENNETT, et al., Defendants.
CONSENT PROTECTIVE ORDER
D. Whitney, Chief United States District Judge.
MATTER is before the Court on a Consent Motion for
Entry of Protective Order [Doc. 22] by Defendant Jerline
Bennett and Defendant Brenita Bennett
seek the entry of a Protective Order that will control the
production and dissemination of confidential documents,
material, and information (“Confidential
Information”). Counsel for Plaintiff, appearing for the
limited purpose of assisting Plaintiff to conduct discovery,
consents to this motion. [Doc. 22 at 1-2].
review of the Defendants' motion, the Court finds that
during the course of this litigation, Defendants obtained and
will continue to obtain and disclose to Plaintiff or the
Court, information and documents from the North Carolina
Department of Public Safety (“the Department”)
that are deemed confidential under federal and state law,
including, N.C. G.S. §§ 126-22(3) and -24, §
122C-52, § 132-1.7, § 148-74 and -76; Goble v.
Bounds, 13 N.C.App. 579, 581, 186 S.E.2d 638, 639,
aff'd, 281 N.C. 307, 188 S.E.2d 347 (1972);
Paine v. Baker, 595 F.2d 197, 200 (4th Cir. 1979),
cert. denied, 444 U.S. 925 (1979); 42 U.S.C. §
1320d et seq.; and 45 C.F.R. §§ 160-164.
light of the confidential nature of much of the information
that will be produced in this litigation, a Protective Order
is necessary to authorize the release of such confidential
information and to ensure that such confidential information
is not disclosed or used for any purpose except in connection
with this litigation.
Motion [Doc. 22] is hereby GRANTED, and the
Court enters the following order.
IS, THEREFORE, ORDERED that:
Scope of the Order.
Order applies to all information produced during written
discovery, including any discovery exchanged prior to the
entry of this Order.
Use of Confidential Information.
Confidential Information, as defined in this Order, shall be
used solely in the prosecution or defense of this action, and
shall not be used or disclosed by any person for any other
or “disclosure” means to provide, impart,
transmit, transfer, convey, publish, or otherwise make
Information” consists of “General Confidential
Information” and “Attorneys' Eyes Only
Confidential Information, ” which are defined as
“General Confidential Information” refers to and
i. Information and documents contained in “personnel
files, ” as that phrase is defined in N.C. G.S. §
ii. Information, documents, and related materials collected,
created, and maintained by the Department pursuant to N.C.
G.S. § 148-74, -76, - 118.5; and § 122C-52
iii. “Protected health information, ” as that
phrase is defined in 45 C.F.R. § 160.103;
iv. Other information that is potentially embarrassing or
invasive of the privacy of a person not a party to this
litigation and therefore an appropriate subject of a
protective order under Rule 26(c)(1) of the Rules of Civil
“Attorneys' Eyes Only Confidential
i. “Personally Identifiable Information, ” as
that phrase is defined in 45 C.F.R. § 75.2, of current
or former employees and contractors of the Department, such
as but not limited to date of birth, social security numbers,
home addresses and telephone numbers, insurance records or