Pacheco v. Anderson et al

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NORTH CAROLINA
STATESVILLE DIVISION
5:24-cv-41-RJC
ELIJAH E. PACHECO, )
)
Plaintiff, )
)
vs. ) PROTECTIVE ORDER
)
ROBERT ANDERSON, et al., )
)
Defendants. )
__________________________________ )
THIS MATTER is before the Court on Defendants Robert Anderson, Jonathan Call, and
Shelby Wyatt’s filing of a Motion for Entry of Protective Order [Doc. 18].
The Defendants request the Court to enter a protective order governing the production of
confidential information pursuant to N.C. Gen. Stat. §§ 132-1.4, 132-1.4A, or 132-1.7. The
Defendants relate that “[t]he Plaintiff has requested, and the Defendants will produce, records
relating to the incidents with Plaintiff [and] [s]ome of the records and/or information requested is
protected” under the North Carolina General Statutes such that a court order is required in order
to be in compliance with the law and to protect the safety, security, and integrity of the Wilkes
County Jail. [Doc. 19 at 1; Doc. 18].
On review of the Defendants’ Motion, the Court finds that such information may be
deemed confidential under the law. Due to the confidential nature of the information that will be
produced in this matter, 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 Court will, therefore, grant Defendants’
request for a protective order.
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The Motion for Entry of a Protective Order [Doc. 18] is hereby GRANTED, and the Court
enters the following order:
IT IS HEREBY ORDERED THAT:
1. Any document disclosed by Defendants that comes from their personnel file or
from the internal Wilkes County Jail files or information in the form of documents,
photographs, video, or audio production that documents plans, patterns, practices,
procedures, drawings, arrangements or other information associated with prison or
jail operations shall be clearly and prominently marked on its face with the legend:
“CONFIDENTIAL, PROTECTIVE ORDER,” or a comparable notice;
2. The initial production of any such documents for the benefit of Plaintiff shall be
made only to Plaintiff, Elijah E. Pacheco.
3. In the absence of further order of this Court, Confidential Information obtained in
accordance with the provisions of paragraph 2 shall not be disclosed to any person
other than: (i) the Court and the employees thereof, (ii) court reporters and
stenographers engaged for the taking of testimony, (iii) the Defendant(s) whose
records are produced, (iv) all counsel, including necessary secretarial, paralegal and
clerical personnel assisting such counsel, (v) experts and their staff who are
employed for the purposes of this litigation but who are not otherwise employed
by, consultants to, or otherwise affiliated with a party. Any confidential personnel
information shall be used solely for the purpose of this original action and in
preparation for trial.
4. Confidential information obtained in accordance with the provisions of paragraph
1 above shall not be made available to any person designated in paragraph 3(v)
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unless he or she shall have first read this Order and shall have agreed, by letter
submitted to counsel for the Defendants named in this Order: (i) to be bound by the
terms thereof, (ii) not to reveal such confidential personnel information to anyone
other than another person designated in paragraph 3; and (iii) to utilize such
confidential personnel information solely for purposes of this litigation.
5. If the Court orders, or if counsel for the Defendants named in this Order agrees,
that access to, or dissemination of, information obtained as confidential information
shall be made to persons not included in paragraph 3 above, such matters shall only
be accessible to, or disseminated to, such persons based upon the conditions
pertaining to, and obligations arising from this Order, and such persons shall be
considered subject to it.
6. If confidential information obtained in accordance with paragraph 1 is disclosed to
any person other than in the manner authorized by this Protective Order, the party
responsible for the disclosure must immediately bring all pertinent facts relating to
this disclosure to the attention of the Court and opposing counsel, and without
prejudice to other rights and remedies of the other party, make every reasonable
effort to prevent further disclosure by it or by the person who was the recipient of
such information.
7. Upon final adjudication of this action, all confidential information subject to the
provisions of this Order (including any copies made and/or computer materials
made or stored) shall be disposed of in the manner provided by a separate final
Order to issue from this Court.
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IT IS SO ORDERED.
Signed: September 11, 2024
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