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Heroy v. Gaston County Board of Education

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

January 16, 2020

J. ALEXANDER HEROY, as Guardian Ad Litem for C.S., a minor, THOMAS P. PANSA, and wife, PATRICIA D. PANSA, Plaintiffs,
v.
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

          JAMES, McELROY & DIEHL, P.A. J. Alexander Heroy, N.C. Bar No. 39752 Guardian ad Litem for C.S., a minor

          STIPULATED CONSENT PROTECTIVE ORDER

          David C. Keesler United States Magistrate Judge

         Plaintiffs 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.

         IT IS THEREFORE ORDERED:

         1. That 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.

         2. That 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.

         3. That 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.

         4. That 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.

         5. 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 Electronic Means.

         6. 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.

         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 ...


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