United States District Court, W.D. North Carolina, Charlotte Division
J. ALEXANDER HEROY, as Guardian Ad Litem for C.S., a minor, THOMAS P. PANSA, and wife, PATRICIA D. PANSA, Plaintiffs,
GASTON COUNTY BOARD OF EDUCATION and, NICHOLAS PATTERSON, in his individual capacity Defendants.
DeVORE, ACTON & STAFFORD, P.A. F. William DeVore, IV,
N.C. Bar No. 39633 Attorney for Plaintiffs
THARRINGTON SMITH, LLP Daniel W. Clark, Deborah R. Stanger
Attorneys for Defendants
McELROY & DIEHL, P.A. J. Alexander Heroy, N.C. Bar No.
39752 Guardian ad Litem for C.S., a minor
STIPULATED CONSENT PROTECTIVE ORDER
C. Keesler United States Magistrate Judge
and Defendants, pursuant to Federal Rules of Civil Procedure
26(b) and 26(c), anticipating in this case the disclosure to
each other of personnel records and information, student
records and information, and medical and/or financial
information in initial disclosures and in response to
discovery requests, and recognizing that the private and
confidential nature of such documents and information must be
safeguarded pursuant to N.C. Gen. Stat.
§§115C-319; 115C-320; 115C-321 et seq.;
115C-325; 115C-402 et seq.; 115C-109 et
seq. and the Family Educational Rights and Privacy Act
(FERPA), 20 U.S.C. § 1232g, §§ 1412 and
1417(a) (IDEA) and related regulations, consent to
disclose said documents and information upon the conditions
set forth in this Protective Order, which conditions are
consented to by the parties.
all documents and information relating to current or former
students, including Minor Plaintiff, enrolled in the Gaston
County Schools which are provided to any party in the
above-captioned case shall be covered by the terms of this
Order. The Parties in possession of such records shall comply
with FERPA, which requires reasonable efforts to provide
notice so that parents or eligible students may seek
protective action prior to such production.
all records which are maintained by law or policy in the
personnel files of specific current and former employees of
the Gaston County Board of Education or in the files of
applicants for positions with the Gaston County Schools,
which are provided to any party in the above-captioned case,
shall be covered by the terms of this Order.
all documents and information relating to Minor
Plaintiffs' medical and/or financial records which are
provided to any party in the above-captioned case shall be
covered by the terms of this Order.
any party which provides documents subject to this Order
shall label said documents: “Confidential - Subject to
Protective Order.” Each party retains the right to
challenge the confidential designation of any particular
document and to have the Court determine its proper
designation. Notwithstanding the “confidential”
designation, a party may redact certain sensitive information
within a particular document, such as social security
numbers, dates of birth, financial account information, etc.
See Fed. R. Civ. P. 5.2.
Parties seeking to file or maintain under seal any
documents labeled “Confidential” in accordance
with the provisions of this Protective Order shall comply
with the provisions of Local Civil Rule 6.1 and the
Administrative Procedures Governing Filing and Service by
Except as may be otherwise provided by further order of the
Court, protected information and documents designated as
confidential (“confidential documents”), as well
as the matters contained therein and extracts and summaries
thereof, shall be used for no other purpose than prosecuting
or defending this action and shall be disclosed only to the
persons identified in paragraph 7.
Except as provided in paragraph 8, access to or use of
protected information or any confidential documents, or any
part thereof, as well as ...