United States District Court, W.D. North Carolina, Statesville Division
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. 37] by Defendants, Ken
Beaver, Eric Dye, Leigh Hensley, Christopher Murray, and
Perry Padgett, through counsel (Collectively “NCDPS
NCDPS 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. 37 at 1].
review of the NCDPS 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.
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. 37] 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 ...