Morgan Hill Concerned Parents Association v. California Department of Education

Filing 97

ORDER signed by Judge Kimberly J. Mueller on 3/30/2015 FINDING that it's appropriate to appoint a special master for the limited purpose, at least initially, of assisting the parties in developing methods of propounding and responding to request s for electronic discovery materials; DIRECTING the parties to submit at least three (3) days prior to the Status Conference set for 4/30/2015, a joint report identifying at least three (3) and no more than five (5) candidates for the position of special master. (Michel, G.)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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MORGAN HILL CONCERNED
PARENTS ASSOCIATION, an
unincorporated association, and
CONCERNED PARENTS
ASSOCIATION, an unincorporated
association,

ORDER

Plaintiffs,

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v.

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No. 2:11-cv-03471-KJM-AC

CALIFORNIA DEPARTMENT OF
EDUCATION and DOES 1 through 5,

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Defendants.

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On February 10, 2015, this court directed the parties to meet and confer to develop

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a new joint report addressing, among other things, (1) whether notice or redaction of defendants’

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records is required under the Family Educational Rights and Privacy Act (FERPA), and

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(2) methods for streamlining the production of discovery. (Order, ECF No. 91 at 2.) On March

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12, 2015, the parties filed their joint report, stating they had met as directed. (ECF No. 93 at 2.)

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Despite their efforts, the parties continue to be unable to reach agreement on fundamental

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methods of sharing electronic information so as to allow discovery to proceed efficiently and

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effectively. (Id. at 4–9.)

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Based on their most recent joint report and the parties’ past inability to reach

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agreement on discovery procedures and practices, this court finds the appointment of a special

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master appropriate for the limited purpose, at least initially, of assisting the parties in developing

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methods of propounding and responding to requests for electronic discovery materials.

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Accordingly, the court directs the parties to submit a joint report, at least three (3) days before the

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April 30, 2015 status conference, identifying at least three (3) and no more than five (5)

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candidates for the position of special master, as described herein. Each person on the parties’

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joint list must be someone to whom all parties will agree if that person is appointed as special

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master. See Fed. R. Civ. P. 53.

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At the April 30th status, the court will review procedures for actual appointment of
a master, and for resolving the parties’ dispute regarding FERPA notice.
IT IS SO ORDERED.
DATED: March 30, 2015.

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UNITED STATES DISTRICT JUDGE

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