can consent to or decline the appointment of NCPLS by the court to conduct discovery on the
plaintiffs behalf. If the plaintiff accepts appointment of NCPLS for the purpose of conducting
discovery, the court will appoint NCPLS for this purpose in a scheduling order setting a period for
discovery after defendant(s) have been served and answered the complaint. The period of
discovery shall not be less than 120 days, unless otherwise ordered by the court, and the discovery
period will be extended only upon a strong showing of diligence and good cause.
3. Upon appointment by the court, and within 60 days of entry of the initial scheduling
order governing discovery, NCPLS will serve discovery requests on counsel for defendant(s).
During the discovery period, all contact seeking discovery from DPS employees shall be made to
the Public Safety Section of the Attorney General's Office. Documents and materials covered by
these provisions may appropriately include but are not limited to grievance forms, use-of-force
reports, incident reports, disciplinary reports, inmate medical records, photographs and/or video
footage of any alleged incident and/or any injuries incurred, complete PREA reports if the
complaint alleges sexual assault, and personnel records including records of pre-disciplinary
conferences, letters of reprimand, and unsatisfactory TAP entries, where those records describe
disciplinary action taken against the named defendants related to the allegations in the prisoner's
complaint. NCPLS will collect discovery responses, review them, and conduct any follow-up as
necessary.
4. NCPLS and DPS agree that discovery shall be subject to a Consent Protective Order
(attached to this order as Form C) to govern the disclosure of confidential information. The
Consent Protective Order is deemed entered in all cases subject to this Standing Order. Nothing
2
in the Consent Protective Order prevents the court from requiring the parties to publicly file
material designated as confidential.
5. IfNCPLS provides representation to the plaintiff beyond the initial period of discovery,
NCPLS may request that the court order an additional discovery period that will include time for
depositions of parties and witnesses and designations of expert witnesses prior to the deadline for
dispositive motions.
6. IfNCPLS declines representation or the plaintiff rejects NCPLS ' s further representation
following the period of discovery, before terminating representation NCPLS will provide the
plaintiff with a packet of discovery materials, subject to the terms of the Consent Protective Order,
and with advice regarding legal issues in the case.
7. In its discretion, the court may appoint NCPLS for limited purposes in other phases of
a state prisoner's civil rights case, including: identifying defendant(s), filing an amended
complaint, filing a response to a dispositive motion, representing the plaintiff in a court-hosted
settlement conference, representing the plaintiff in a trial or other hearing, and executing on a
judgment. Should NCPLS be unable to accept an appointment for any reason, including a lack of
resources or conflict of interest, it shall file a Notice of Non-Representation informing the court
that it declines representation within 10 days of entry of the initial order appointing NCPLS . If
NCPLS files a Notice of Non-Representation, the clerk shall terminate NCPLS 's representation
on the docket without the need for NCPLS to file a motion to withdraw.
8. Should the court appoint NCPLS for the purpose of identifying defendant(s) or filing
an amended complaint, the period of time NCPLS will have to identify defendant(s) or file an
3
amended complaint ordinarily shall not be less than 60 days after the entry of the order appointing
NCPLS . Should the court appoint NCPLS for the purpose of representing the plaintiff in a court-
hosted settlement conference, the settlement conference ordinarily shall not be scheduled for at
least 60 days after entry of the order appointing NCPLS . Should the court appoint NCPLS for the
purpose of responding to a dispositive motion, the deadline for NCPLS to file the response to the
dispositive motion ordinarily shall not be less than 30 days after entry of the order appointing
NCPLS . The court retains the discretion to set a shorter deadline in exceptional cases.
9. Upon conclusion of the phase of the litigation for which NCPLS has been appointed,
NCPLS will file with the court a Response to Appointment Order (attached to this order as Form
D). The Response will indicate that a) NCPLS will provide representation; b) NCPLS will not
provide representation; or c) the plaintiff has declined any further assistance by NCPLS . Unless
the Response indicates that NCPLS will provide representation, the clerk shall terminate NCPLS ' s
representation on the docket without the need for NCPLS to file a motion to withdraw.
SO ORDERED this ~adday of ~~ 2021.
?~; 2'._ !Yl~-LA/S 7
RICHARD E. MYERS II
CHIEF UNITED STATES DISTRICT JUDGE
4
FORM A
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
WESTERN DIVISION
NO. 5: -CT-
)
)
Plaintiff )
)
V. ) NCPLS NOTICE OF
) NON-REPRESENTATION
)
)
Defendant( s), )
In response to the court's order and pursuant to Standing Order 2 l -S0-11 , orth
Carolina Prisoner Legal Services, Inc. ("NCPLS") hereby informs the court that it is unable
to accept appointment in the above-captioned case.
Staff Attorney
North Carolina Prisoner Legal Services, Inc.
Post Office Box 25397
Raleigh, North Carolina 27611
(919) 856-2200
CERTIFICATE OF SERVICE
I certify that on DATE, I electronically filed the foregoing document with the Clerk of
Court using the CM/ECF system and mailed the foregoing documents via USPS, postage
prepaid, to the following :
Respectfully submitted,
Staff Attorney
North Carolina Prisoner Legal Services, Inc.
Post Office Box 25397
Raleigh, North Carolina 276 11
(919) 856-2200
FORMB
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
WESTERN DIVISION
NO. 5: -CT-
)
)
Plaintiff )
)
V. ) NOTICE TO PLAINTIFF
)
)
)
Defendant( s), )
The court has directed the clerk to maintain management of this action, and the
defendant(s) is/are in the process of being served with the complaint. You are hereby notified that
orth Carolina Prisoner Legal Services, Inc. ("NCPLS") 1 is available to assist you in conducting
discovery if ordered to do so by the court at the appropriate time. If you accept NCPLS's
assistance, CPLS will be appointed when a scheduling order is entered and will serve discovery
requests on defendant(s) on your behalf, collect the discovery responses, and provide yo u with a
set of materials and legal advice pertaining to your case. Additionally, NCPLS will report whether
it is willing to represent you in this action beyond the discovery period.
You are not required to accept any assistance by CPLS , and you can decide now that you
do not want CPLS to conduct discovery on yo ur behalf or to represent you. However, there is
no general right to court-appointed counsel in civil cases, and counsel is only appointed in
exceptional cases .
1
CPLS is a non-profit legal services firm , contracted with th e Office of Indigent Defense Services (I DS) to ass ist it
in providing inmates who are in the custody of the orth Carolina Depart ment of Public Safety, Division of Adult
Correction with their constitutional right of meaningful access to the co urts.
Please fill out the enclosed form indicating whether you want NCPLS to assist you in
conducting discovery, and return it to:
Clerk, United States District Com1
Post Office Box 25670
Raleigh, North Carolina 27611
You must sign, date, and return this form within twenty-one (21) days. Your failure to return this
form by that deadline may be construed as a rejection ofNCPLS ' s assistance, and the court might
not order NCPLS to conduct discovery on your behalf.
FORMB
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DlSTRICT OF ORTH CAROLINA
WESTERN DIVlSIO
0 . 5: -CT-
)
)
Plaintiff )
)
v. ) PLAINTIFF'S RESPONSE TO NOTICE
)
)
)
Defendant(s), )
I have read the "Notice to Plaintiff' informing me of NCPLS ' s availability to assist me
with conducting discovery if ordered to do so by the court at the appropriate time. I understand
that ifl accept CPLS 's assistance, upon entry of the injtial scheduling order governing discovery,
CPLS will serve discovery requests on defendant(s) on my behalf, collect the discovery
responses, provide me with a set of material s and legal advice pertaining to my case, and report to
the court whether it is wi lling to represent me in this action beyond the discovery period. I further
understand that there is no general right to court-appointed counsel in civil cases, and it is highly
unlikely that the court will appoint other counsel for me.
Accordingly, I hereby
ACCEPT the assistance of CPLS during the discovery period and agree to allow
NCPLS to conduct discovery on my behalf if ordered to do so by the court.
_ _ REJECT the assistance of NCPLS , including any legal representation in my case.
Date Plaintiff s Signature
Plaintiffs Printed Name
FORMC
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF ORTH CAROLINA
WESTERN DIVISION
CONSENT PROTECTIVE ORDER
GOVERNING CASES SUBJECT TO
STANDING ORDER 21-S0-11
Defendant(s), through counsel, and with the consent of co unsel for Plaintiff, appearing for
the limited purpose of conducting written discovery, agree to entry of a Protective Order which
w ill control the production and dissemination of confidential documents, material, and information
("Confidential Information").
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 orth
Caro lina Department of Public Safety ("the Depa1tment") 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 which wi ll 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.
THEREFORE, the court ORDERS as fo llows:
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 Infornrntion. All Confidential lnforn1ation, 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 "di sclosure" 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. [nformation and documents contained in "personnel files", as that phrase is
defined in N .C.G .S. § 126-22;
11 . Information, documents, and related mate1ials collected, created, and
maintained by the Department pursuant to N.C.G .S. § 148-74, -76, -
118.5; and§ 122C-52
i11. "Protected health info1mation" as that phrase is defined m 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 :
1. "Personally Identifiable Information", as that phrase is defined in 45 C.F.R.
§ 75.2, of ClllTent 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, medical
and/or disability information, and other purely private information;
11 . The personal financial records, telephone records, and e-mail records of
current or former employees and contractors of the Department; and
111. Other non-public information as provided in .C.G.S. § 132-1.7, which
includes specific security information or detailed plans, patterns, or practices
associated with pri son operations, such as certain investigations, security
designations, staffing patterns and logs, schematic or other drawings and
diagrams, and other sensitive security infonnation.
5. Disclosure of General Confidential lnformation. General Confidential Information
shall not be disclosed to anyone except:
A. The court and its personnel;
B. The parties to this action;
C. Counsel for the parties to this action and employees of said counsel ;
D. Experts or consultants specifically retained by the parties or their attorneys to
assist them in the preparation of this case or to serve as expert witnesses at the
trial of this action, but only after execution of a Confidentiality Agreement as
provided in Paragraph 8; and
E. Court reporters or videographers engaged to record depositions, hearings, or the
trial in this action.
6. Disclosure of Attorneys ' Eyes Only Confidential Information. Attorneys ' Eyes
Only Confidential Information shall not be disclosed to anyone except:
A. The court and its personnel;
B. Counsel for the parties to this action and employees of said counsel;
C. Expe1ts or consultants specifically retained by the parties or their attorneys to
assist them in the preparation of this case or to serve as expert witnesses at the
trial of this action, but only after execution of a Confidentiality Agreement as
provided in Paragraph 8; and
D. Court reporters or videographers engaged to record depositions, hearings, or the
trial in this action.
7. Withdrawal of Plaintiffs Counsel. ln the event that counsel for Plaintiff
withdraws from representation and Plaintiff proceeds pro se, any Attorneys ' Eyes Only
Confidential Information disclosed to counsel for Plaintiff may thereafter be disclosed to Plaintiff
only upon the follow ing conditions:
A. Plaintiff must sign a Confidentiality Agreement, a copy of which is attached
hereto as Exhibit A; and
B. Prior to disclosing any Attorneys' Eyes Only Confidential information to
Plaintiff, Counsel for Plaintiff agrees in writing to copy any documents marked
as Attorneys ' Eyes Only Confidential lnfonnation onto red paper before
providing said material to Plaintiff.
If, after the conclusion of this litigation, Department officials, discover red papers marked as
Attorneys ' Eyes Only Confidential Information, those officials are authorized to seize the
documents and return them to the Department.
8. Confidentiality Agreements. Before Confidential information or Attorneys ' Eyes
Only Confidential Information is disclosed to any person described in Paragraphs 5(d), 6(c), or 7,
of this Order, counsel for the party disclosing the information shall inform the person to whom the
disclosure is to be made that Confidential Information shall be used only for the purpose of the
prosecution or defense of this action, and shall obtain from the person to whom the disclosure is
to be made a signed copy of the Confidentiality Agreement attached hereto as Exhibit A. Counsel
for the party disclosing the Confidential lnfonnation to said person shall maintain the original
Confidentiality Agreement and need not produce it except by agreement of the parties or upon
order of the court.
9. Designation of Confidential Information. Infonnation shall be designated as
Confidential Information in the following manner:
A. In the case of information reduced to paper fom1, the designation shall be made
by placing the appropriate legend, "CONFIDE TIAL - SUBJECT TO
PROTECTIVE ORDER" for General Confidential Infonnation or
"CONFIDENTIAL- ATTORNEYS ' EYES ONLY" for Attorneys' Eyes Only
Confidential Information, on each page containing such information or by such
other means as agreed to by the paities. The party disclosing the information
shall designate the documents as confidential at or before the time of disclosure.
A party may make the designation with respect to information disclosed by
another party by a writing directed to the producing party 's counsel. The
producing party's counsel shall then be responsible for labeling the designated
information as provided herein, or otherwise agreed to by the parties.
B. Information on a computer disk, flash-drive, or other medium that has not been
reduced to paper fonn shall be designated as Confidential Info1mation by
informing counsel for the parties to this action in writing that the computer disk,
flash-drive, or other medium contains such Confidential Information and,
where applicable, specifying by Bates or other page number the particular
information being designated or by such other means as agreed to by the parties.
To the extent practicable, such physical medium should also be labeled using
the appropriate marking. Any party receiving Confidential Information
designated under this Paragraph shall then be responsible for appropriately
labeling any printed version(s) of such information that it creates.
C. In the case of deposition testimony, any party may designate information
disclosed during a deposition as Confidential Information by either identifying
on the record at the deposition the information that is to be treated as
Confidential Information or; marking the portions of the deposition transcript
to be designated as Confidential Information within 21 days after receipt of the
transcript. When the deponent and the attending parties do not agree to waive
the reading, correcting, and signing of the transcript, all information disclosed
during a deposition shall be treated as Attorneys' Eyes Only Confidential
Information before the expiration of the 21-day period unless otherwise agreed
by the parties and the deponent. If any deposition testimony or any document
or information used during the course of a deposition is designated as
Confidential Information, each page of the deposition transcript containing such
information shall be labeled with the appropriate legend specified in Paragraph
9(A), and the first page of the deposition transcript shall be labeled in a manner
that makes it readily apparent that the transcript contains Confidential
Information.
D. Any other information that is not reduced to physical form or cannot be
conveniently labeled shall be designated as Confidential Information by serving
a written notification of such designation on counsel for the other parties. The
notice shall, where applicable, specify by Bates or other page number the
particular infom1ation being designated.
10. Disputes over Designations. If any party objects to the designation of any
information as Confidential Information, counsel fo r the objecting party and counsel for the
designating party shall attempt to resolve the disagreement on an informal basis. If the objection
is not so resolved, the objecting party may move the co urt for appropriate relief. The info1mation
in question shall continue to be treated as confidential in accordance with the disputed designation
unless and until the court issues a final ruling that the information does not qualify for such a
designation. The non-filing by the objecting party of a motion for relief shall not be deemed an
admission that the information in question qualifies for the disputed designation.
11 . Inadvertent Disclosure of Confidential Information. Inadvertent disclosure of
Confidential Information, without identifying the same as confidential, shall not be deemed a
wa iver of confidentiality with regard to similar or related info1mation nor shall it be deemed a
waiver of confidentiality with regard to the information inadvertently disclosed if promptly called
to the attention of counsel for each recei ving party.
12. Filing of Confidential Information Under Seal. Before fi ling a document
containing any Confidential Information, the filing party must confer with the other parties about
how the document should be filed. If the filing party decides that the document should be sealed,
the filing party shall file the document along wi th a motion to seal and supporting memorandum
showing that the document may properly be sealed. A motion to seal may be filed without a
supporting memorandum only if the filing party can cite a statute or rule (federal, local or standing
order) that requires the filing to be sealed. Absent such authority, the filing party must submit a
supporting memorandum that specifies: (i) the exact document or item, or portions thereof, for
which filing under seal is requested; (ii) how such request to seal overcomes the common law or
the First Amendment presumption to access; (iii) the specific qualities of the material at issue
which justify sealing such material, taking into account the balance of competing interest in access;
(iv) the reasons why alternatives to sealing are inadequate; and (v) whether there is consent to the
motion. If a party other than the filing party seeks to have the document sealed, the filing party
shall file the document as a proposed sealed document. Instead of a motion to sea l and supporting
memorandum, the filing party shall file contemporaneously wi th the document a notice stating
that, pursuant to this Paragraph, any party seeking the sealing of the document must within 7 days
file a motion to seal and supportin g memorandum as provided in Local Civil Rule 79.2 or the
document will be unsealed by the Clerk without fu1ther order of the court.
13. Authors/Recipients. Except as specifically provided herein, this Order shall not
limit use by a party of its own Confidential Information, nor shall this Order limit the ability of a
party to disclose any document to its author or to anyone identified on the face of the document as
a recipient.
14. Return of Confidential Information. Following the conclusion of this actio n,
including any appeals, the Department may request in writing its return by any other paity. Within
60 days after service of such a request, any party that received th e Confidential Informa tion sha ll
either return it to co unsel for the Department or destroy it, at the election of the receiving party;
provided that the information shall not be destroyed if otherwise ordered by the court or a motion
for relief from this Paragraph is pending. If a receiving party elects to destroy the Confidential
Information rather than returning it to the Department, counsel for the receiving party shall provide
to the Department by the 60-day deadline a signed certification that the Confidential Information
has been destroyed. This Paragraph shall not be construed to require the return or destruction of
any regularly maintained litigation files held by the attorneys of record for each party as archival
records or other attorney work-product created for any party. Any Confidential Information, or
portions or excerpts thereof, which are not returned or destroyed pursuant to this Paragraph shall
remain subject to the terms of this Order. The return of trial exhibits by the court shall be governed
by Local Civil Rules 6.1 or 79.1.
15. Admissibility of Information. either the terms of this Order nor the disclosure or
designation as confidential of any information pursuant to it shall be deemed to establish or vitiate
the admissibility under the Federal Rules of Evidence of any information subject to this Order.
16. Confidential Employee Info1mation. Pursuant to N.C.G.S. § 126-24(4), this Order
specifically authorizes the disclosure of confidential portions of the personnel files maintained by
the Department of current or former employees in accordance with the terms of this Order.
17. Modification. This Order is without prejudice to the right of any party or witness
to seek modification or amendment of the Order by motion to the court, or to seek and obtain
additional protection with respect to Confidential Information as such party may consider
appropriate.
EXHIBIT A
CONFIDENTIALITY AGREEMENT
I, have read and am familiar with the terms of the Consent
----------~
Order governing the Confidential Information in the case of _ _ _ _ _ _ _ _ _ _ _ _ ____,
Civil Action 0. 5: -CT-- - - - ' in the Eastern District of North Carolina, Western
Division. I agree to the fo llowing:
1. To abide by all the terms of said Order and not to reveal or otherwise communicate
any of the inforn1ation disclosed to me pursuant thereto to anyone except in accordance with the
terms of said Order.
2. To make use of any information obtained, whether in documentary or other form,
pursuant to that Order other than for purposes of this litigation.
3. Upon written request, to return to counsel of record or to destroy not later than 60
days after notification of the termination of this litigation any and all documents in my possession
containing information which is the subject of said Order (whether such information is in the form
of notes, memoranda, reports, or other written communications or documents prepared by any
person at any time containing information covered by the terms of said Order).
4. To submit myself to the jurisdiction of the foregoing Court, including its contempt
power, for enforcement of said Order.
This the _ _ day of _ _ _ _ _ _ _ _ _ , 20
PRINTED NAME
FORMD
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF ORTH CAROLINA
WESTERN DIVISION
NO. 5: -CT-
)
)
Plaintiff )
)
v. ) NCPLS RESPONSE TO
) APPOINTMENT ORDER
)
)
Defendant(s), )
In response to the court' s order and pursuant to Standing Order 21-SO- l I , I have
assisted the plaintiff with _ _ _ _ _ _ _ _ _ and provided legal advice in this case.
-- a) orth Carolina Prisoner Legal Services, Inc. ("NCPLS") will provide
representation to plaintiff in this action.
b) CPLS wi ll not provide further representation to plaintiff in this action.
c) The plaintiff has declined any further assistance by NCPLS .
Staff Attorney
No11h Carolina Prisoner Legal Services, Inc.
Post Office Box 25397
Raleigh, orth Caro lina 276 11
(919) 856-2200
CERTIFICATE OF SERVICE
I ce1tify that on DATE, l electronically filed the foregoing document with the Clerk of
Court using the CM/ECF system and mailed the foregoing documents via USPS , postage
prepaid, to the following:
Respectfully submitted,
Staff Attorney
North Carolina Prisoner Legal Services, Inc.
Post Office Box 25397
Raleigh, orth Carolina 276 11
(919) 856-2200
