Earls v. Colorado Springs School District 11

Filing 22

ORDER TO DISCLOSE EDUCATION RECORDS AND FOR PROTECTIVE ORDER. By Magistrate Judge Boyd N. Boland on 5/29/2012. (sahsl, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO

Case No. 1:11-cv-02812-WJM-BNB
JOE CHRISTOPHER EARLS,
Plaintiff,
v.
COLORADO SPRINGS SCHOOL DISTRICT 11,
Defendant.

ORDER
The Magistrate Judge, having reviewed the parties’ Stipulated Motion for Permission to
Disclose Education Records and for Protective Order, and good cause having been shown,
hereby enters the following Order:
IT IS ORDERED:
1.

The parties may use in this proceeding, and the Defendant and Plaintiff shall disclose to
the other, and to the Court as necessary, unredacted copies of all education records
previously provided in this action, and to be provided subsequently in discovery and
other proceedings. Any unredacted education records and information submitted to the
Court shall be provided confidentially with a request that they be sealed and protected
from disclosure to the public and any third parties to this case.

2.

To enable the District to notify parents to the extent necessary under FERPA, the District
shall produce these unredacted records (of previously provided redacted records) to the
Plaintiff within seven business days from the District’s receipt of this Order.

3.

The records provided in paragraph 1 above shall be produced subject to the following
restrictions:

(a)

Plaintiff shall not disclose the education records and information from such records
to any third party with the exception of Plaintiff's counsel, such counsel's staff and
expert witness(es), and any person who may be required to consult with such counsel
or to testify about such records for purposes of this proceeding.

(b)

Plaintiff and each person identified in paragraph 3(a) above shall not disclose the
education records and information from those records to any third party.

(c)

Plaintiff and each person identified in paragraph 3(a) above shall not use the
education records and information from those records for any purpose but this
proceeding.

(d)

Plaintiff and each person identified in paragraph 3(a) above shall, at the conclusion
of this proceeding, destroy all copies of the records disclosed pursuant to paragraph
1 above, unless the records are necessary for an appeal, at which time the parties will
make arrangements sufficient to protect education records and information from
such records from public disclosure.

Dated May 29, 2012.
BY THE COURT:

s/ Boyd N. Boland
United States Magistrate Judge

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