Navarro et al v. Florida Institute of Technology, Inc.

Filing 75

ORDER granting 73 Motion for Leave to File a Proposed Protective Order. Signed by Magistrate Judge Embry J. Kidd on 5/19/2023. (AS)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
ORLANDO DIVISION
JOSHUA NAVARRO, BENJAMIN
KOMITA, JADEN KREKOW,
KYLE STEWART, MASON
YASKOVIC, THOMAS FRANCIS,
BRYCEN HANER, RYAN
ZERNEKE, DAVID ADLER, ERIK
LAARI, and REESE VAN PUTTEN,
Plaintiffs,
v.

Case No: 6:22-cv-1950-CEM-EJK

FLORIDA INSTITUTE OF
TECHNOLOGY, INC.,
Defendant.
ORDER
This cause comes before the Court on Defendant’s Unopposed Motion for
Leave to File a Proposed Protective Order (the “Motion”), filed May 3, 2023. (Doc.
73.) Upon consideration, the Motion is granted.
In the motion, Defendant seeks leave to file a protective order with respect to
the production of student education records that are otherwise protected from
disclosure pursuant to the Family Educational Rights and Privacy Act of 1974
(“FERPA”) 1. The purpose of FERPA is to “‘assure parents and students . . . that access

1

“ . . . [S]uch information is furnished in compliance with
judicial order, or pursuant to any lawfully issued subpoena,
upon condition that parents and the students are notified of

to their education records and to protect such individuals’ right to privacy by limiting
the transferability (and disclosure) of their records without their consent.’” Cafra v. RLI
Ins. Co., No. 8:14-cv-843-T-17EAJ, 2015 WL 12844288, at *2 (M.D. Fla. Feb. 5, 2015)
(citing Alig-Mielcarek v. Jackson, 286 F.R.D. 521, 525–26 (N.D. Ga. 2012)). Defendant
states that the parties have agreed to a confidentiality agreement; however, the parties
note that FERPA appears to require a court order to disclose information without
student consent. (Doc. 73 at 2; see 20 U.S.C. § 1232g(b)(2)(B) (student consent not
needed when “such information is furnished in compliance with a judicial order, or
pursuant to any lawfully issued subpoena, upon condition that parents and the
students are notified of all such orders or subpoenas in advance of the compliance
therewith by the educational institution or agency.”).)
Accordingly, Defendant’s Unopposed Motion for Leave to File a Proposed
Protective Order is GRANTED.
DONE and ORDERED in Orlando, Florida on May 19, 2023.

all such orders or subpoenas in advance of the compliance
therewith by the educational institution or agency . . . .
20 U.S.C. § 1232g(b)(2)(B).

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