A.V. v. Panama Buena Vista Union School District

Filing 109

SEALING ORDER signed by District Judge Morrison C. England, Jr on 9/23/16 ORDERING the Parties motion to seal is GRANTED, and the full Administrative Record shall be filed under SEAL. (Becknal, R)

1 Nicole Hodge Amey (SBN 215157)
LAW OFFICE OF NICOLE HODGE AMEY
2 8033 MacArthur Boulevard, Suite 5100
P.O. Box 5100
3 Oakland, California 94605
Telephone: [phone]
4 Email: [e-mail]
5 Attorneys for,
STUDENT AV by and through his parent
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Kimberly A. Smith, SBN 176659
7 [e-mail]
Jennifer R. Rowe Gonzalez, SBN 226914
8 [e-mail]
FAGEN FRIEDMAN & FULFROST, LLP
9 7108 N. Fresno Street, Suite 270
Fresno, CA 93720
10 Phone: [phone]
Fax: [phone]
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Attorneys for Defendant Panama-Buena Vista
12 Union School District
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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA, SACRAMENTO DIVISION

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17 A.V., a minor, by parent and Guardian ad
Litem CONCEPCION VARELA,
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Plaintiff,
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vs.
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PANAMA-BUENA VISTA UNION
21 SCHOOL DISTRICT, DOES 1-20,
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CASE NO. 1:15-cv-00246-MCE-JLT
ORDER RE: THE PARTIES’ REQUEST
TO SEAL ADMINISTRATIVE RECORD
Hon. Morrison C. England, Jr.
Trial Date:

None Set

Defendants.

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Related Case: 1:15-cv-01375-MCE-JLT

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On or about September 21, 2016, the Parties to this matter filed the expedited and non-expedited

27 administrative record from California Office of Administrative Hearings (“OAH”) Special Education
28 Case No. 2014100290 (“Administrative Record”). The Parties jointly and concurrently requested that

ORDER GRANTING REQUEST TO SEAL ADMINISTRATIVE RECORD

1 the Court to permit the full Administrative Record to be filed under seal. Having considering the
2 Parties’ request and declaration, the Court finds the following:
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1.

The Administrative Record is more than “tangentially related” to the merits of the

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instant case. Therefore, the parties must have a “compelling reason” that the

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Administrative Record may be filed under seal to overcome the public’s interest in

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public court records. Ctr. For Auto Safety v. Chrysler Grp., LLC, 809 F.3d, 1092,

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1101.

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2.

Compelling reasons exist to seal full administrative record. Defendant A.V., a minor

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and special education student, has a compelling privacy interest in his personally

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identifiable information and student records, which are protected from disclosure by

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Individuals with Disabilities with Education Act (“IDEA”), the Family Educational

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Rights and Privacy Act (“FERPA”), and California law. See, 34 C.F.R., §§ 99.3,

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99.31; 300.610, et seq.; Cal. Ed. Code, §§ 49076, 56515.

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3.

interests of the public to judicial records and those of student A.V..

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As compelling reasons exist, the Court must fashion an order balancing the compelling

4.

The Court finds that the redaction of confidential information is insufficient to prevent

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the significant risk that Defendant A.V.’s identity and confidential information may be

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disclosed, due to the volume of the Administrative Record. Accordingly, the Court

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orders that the full Administrative Record be filed under seal.

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5.

Accordingly, the Parties motion to seal is GRANTED, and the full Administrative
Record shall be filed under seal.

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IT IS SO ORDERED.

24 Dated: September 23, 2016
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ORDER GRANTING REQUEST TO SEAL ADMINISTRATIVE RECORD