Swan v. San Joaquin Valley College, Inc. et al

Filing 53

ORDER re: Defendant San Joaquin Valley College, Inc.'s 50 Request to Seal Documents in Re: Its Motion for Summary Judgment or in the Alternative Summary Adjudication, signed by District Judge Lawrence J. O'Neill on 10/21/14. (Gonzalez, R)

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GREGORY S. GLAZER (SBN 172197)
[e-mail]
MONTE GRIX (SBN 241050)
[e-mail]
HIRSCHFELD KRAEMER LLP
233 Wilshire Boulevard, Suite 600
Santa Monica, CA 90401
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendants
SAN JOAQUIN VALLEY COLLEGE,
INC., a California Corporation, MELISSA
GRIMSLEY, an individual, and KERRIE
LILES, an individual

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT

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SANTA MONICA

ATTORNEYS AT LAW

H I R S C H F E L D K R A E M E R LLP

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DANIEL SWAN,
Plaintiff,

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vs.

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SAN JOAQUIN VALLEY
COLLEGE, INC., a California
corporation, MELISSA GRIMSLEY,
an individual, KERRIE LILES, an
individual, and DOES 1 through 20,
inclusive,

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Defendants.

Case No. 13-cv-01073 LJO (GSAx)
ORDER RE: DEFENDANT SAN
JOAQUIN VALLEY COLLEGE,
INC.’S REQUEST TO SEAL
DOCUMENTS IN RE: ITS MOTION
FOR SUMMARY JUDGMENT OR
IN THE ALTERNATIVE
SUMMARY ADJUDICATION
FED. R. CIV. PROC. 5.2, 26;
LOC. R. CT. 141
Date:
Time:
Judge:
Ctrm:

November 17, 2014
8:30 a.m.
Lawrence J. O’Neill
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Complaint Filed:

June 3, 2013

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Having read and considered Defendant San Joaquin Valley College, Inc.’s,

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(“SJVC”) Request to Seal Documents, and for good cause showing, IT IS

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HEREBY ORDERED that the following documents, attached as exhibits to the

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specified declarations and filed as exhibits to such declarations in support of

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Defendant San Joaquin Valley College, Inc.’s Memorandum of Points and

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Authorities in Support of its Motion for Summary Judgment or in the Alternative

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Summary Adjudication, are to be filed under seal in connection with that filing:

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1.

Three Exhibits to The Declaration of Monte Grix:
• Exhibit 1: This exhibit contain the following excerpts of exhibits to
pursuant to the Protective Order due to the fact that the information

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SANTA MONICA

ATTORNEYS AT LAW

the deposition of Kerrie Liles, either designated “confidential”

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H I R S C H F E L D K R A E M E R LLP

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contained therein private student information protected under the

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Family Educational Rights and Privacy Rights Act, as well as

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constitutional and common law privacy rights:

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o Exhibit 46, Bates-stamped SJVC245-264, 267-273, student

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records, including but not limited to internal memoranda and

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emails relating to Swan’s termination from SJVC.

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• Exhibit 2: This exhibit contains the following excerpts of exhibits to
the deposition of Daniel Swan:

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o Exhibit 2, SJVC 365-366, Student Enrollment Agreement.

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o Exhibit 3, SJVC 377, Respiratory Therapy Terms of Enrollment.

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o Exhibit 4, SJVC 396, Respiratory Therapy Acknowledgment of

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Understanding.

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o Exhibit 9, SJVC 269-270, Clinical Timesheet.

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o Exhibit 12, Bates numbered SJVC 2247-2249, a report from the

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electronic student information database, or learning management

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system, Angel, showing the detailed grade entries of Plaintiff,

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Daniel Swan, along with comments regarding apparent
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plagiarism.

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o Exhibit 13, SJVC 31, Unofficial Grade Transcript of Daniel

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Swan.

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o Exhibit 15, SJVC 285, Plaintiff’s Appeal of Termination.

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o Exhibit 16, SJVC 286, Email between Don Wright and Daniel
Swan regarding Termination.

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o Exhibit 17, SJVC 284, Letter denying Dan Swan’s Appeal of

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Termination.

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o Exhibit 18, SJVC 255, Daniel Swan’s Written August 3, 2012

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Complaint to SJVC.

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• Exhibit 4: This exhibit contains the following excerpts of exhibits to
the deposition of Adam LeFaive:

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SANTA MONICA

ATTORNEYS AT LAW

H I R S C H F E L D K R A E M E R LLP

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o Exhibit 35, SJVC 485-491 a report from the electronic student

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information database, or learning management system, Campus

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Vue, containing sensitive entries regarding complaints,

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disciplinary action, and the termination of Plaintiff from SJVC.

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2.

One Exhibit To The Declaration of Alane Pearce:
• Exhibit 1: This exhibit, Bates numbered SJVC 31, is the unofficial
grade transcript of Plaintiff, Daniel Swan, at SJVC.

SO ORDERED
Dated: October 21, 2014
/s/ Lawrence J. O’Neill
United States District Judge

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