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Scott v. Bennett

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

December 18, 2019

PHILLIP R. SCOTT, Plaintiff,
v.
FNU BENNETT, et al., Defendants.

          CONSENT PROTECTIVE ORDER

          Frank D. Whitney, Chief United States District Judge.

         THIS MATTER is before the Court on a Consent Motion for Entry of Protective Order [Doc. 22] by Defendant Jerline Bennett and Defendant Brenita Bennett (“Defendants”).

         Defendants 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].

         On 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.

         In 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.

         The Motion [Doc. 22] is hereby GRANTED, and the Court enters the following order.

         IT IS, THEREFORE, ORDERED that:

         1. Scope of the Order.

         This Order applies to all information produced during written discovery, including any discovery exchanged prior to the entry of this Order.

         2. Use of Confidential Information.

         All 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 purpose.

         3. Disclosure.

         “Disclose” or “disclosure” means to provide, impart, transmit, transfer, convey, publish, or otherwise make available.

         4. Confidential Information.

         “Confidential Information” consists of “General Confidential Information” and “Attorneys' Eyes Only Confidential Information, ” which are defined as follows:

         A. “General Confidential Information” refers to and includes:

i. Information and documents contained in “personnel files, ” as that phrase is defined in N.C. G.S. § 126-22;
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 Procedure.

         B. “Attorneys' Eyes Only Confidential Information” means:

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 designations, ...

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