Trujillo v. Apple Computer, Inc. et al

Filing 382

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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION LESLIE, ERIC DANIEL, JAVY JUNIOR AND JOSELYN DELGADO, minors, by their parent and next friend, Erika Delgado; ANDIE, LIZA, MARIBEL, AND MABEL GARCIA, minors, by their parent and next friend, Maria Garcia; DEONTE, DANIELLE, DANIEL, DINAH, AND DEANNA McFADDEN, minors, by their parent and next friend, Tracy McFadden; KAREN, RODOLFO AND KIARA TAPIA, minors, by their parent and next friend, Marielena Montoya, Plaintiffs, v. BOARD OF EDUCATION FOR ILLINOIS SCHOOL DISTRICT U-46, Defendant. ) ) ) ) ) ) No. 05 C 0760 ) ) Magistrate Judge Michael T. Mason ) ) Judge Robert W. Gettleman ) ) ) ) ) ) ) ) ) ) MOTION FOR PROTECTIVE ORDER Plaintiffs, Deonte, Danielle, Daniel, Dinah, and Deanna Mcfadden, minors, by their parent and next friend, Tracy McFadden; Karen, Rodolfo and Kiara Tapia, minors, by their parent and next friend, Marielena Montoya, by and through their attorneys, Futterman & Howard, Chtd., respectfully move this Court for entry of the attached Proposed Protective Order limiting the use of information produced and/or gathered in the course of this lawsuit. In support, thereof Plaintiffs state as follows: 1. Federal Rule of Civil Procedure 26(c) permits the Court, "for good cause shown," to make "any order which justice requires to protect a party or person from annoyance, embarrassment, oppression, or undue burden or expense." Such an Order can include, but is not limited to, instructions that disclosure or discovery may be had only on specified terms and conditions (Fed. R. Civ. P. 26(c)(2)), and that "a deposition, after being sealed, be opened only by order of the court" (Fed. R. Civ. P. 26(c)(6)). 2. In addition, the Family Education Rights and Privacy Act ("FERPA"), 20 U.S.C. 1232g, 34 C.F.R. Part 99, protects the privacy of student education records, limiting their exposure or release to third parties without the express written consent of parents (or so-called "eligible students" who have reached the age of 18.) 3. Plaintiffs have alleged racial disparity in the treatment of Hispanic and African American students by Defendant, the Board of Education for Illinois School District U-46. 4. Discovery in this case will involve the release of confidential student education records protected by FERPA. 5. Discovery in this case may also involve the release of confidential information about students' parents and next friends. The disclosure of such information, not relevant to the action, may constitute annoyance, embarrassment, and/or oppression, as those terms are contemplated in the Federal Rules of Civil Procedure. 6. Plaintiffs wish to comply with the liberal discovery standards of the Federal Rules of Civil Procedure, but also wish to protect the privacy of their clients' protected educational records as well as other confidential information that may arise during discovery during the course of this litigation. 7. A copy of the proposed order has been shared with defense counsel. Although they believe such an order is not necessary, they have no basis to object to the language at this 2 time. 8. Therefore, Plaintiffs request that this Court enter the draft Proposed Protective Order, allowing either party to designate documents "Confidential," and prescribing treatment of such documents in the course of this litigation. WHEREFORE, for the reasons set forth above, Plaintiffs request that this Court enter the Protective Order. Respectfully submitted, s/ Carol R. Ashley One of Plaintiffs' Attorneys Date: October 21, 2005 Robert C. Howard Carol R. Ashley Kate Mangold Spoto FUTTERMAN & HOWARD, CHARTERED 122 S. Michigan Ave. Suite 1850 Chicago, IL 60603 312-427-3600 [G:\DA\WPDOCS\Elgin\Pleading\draft protective order motion.wpd] 3 CERTIFICATE OF SERVICE The undersigned hereby certifies that she caused a copy of the foregoing MOTION FOR PROTECTIVE ORDER and NOTICE OF MOTION to be served October 21, 2005, upon the following counsel of record by electronic mail and messenger delivery on: Patricia Whitten Michael Hernandez Franczek Sullivan P.C. 300 South Wacker Dr. Suite 3400 Chicago, IL 60606-6785 and by e-mail on: Maree F. Sneed Hogan & Hartson L.L.P. 555 Thirteenth St., NW Washington, DC 20004 John W. Borkowski c/o Maree F. Sneed Hogan & Hartson L.L.P. 555 Thirteenth St., NW Washington, DC 20004 Patrick Broncato Chief Legal Officer District U-46 355 E. Chicago St. Elgin, IL 60120-6543 s/ Carol R. Ashley One of Plaintiffs' Attorneys [G:\DA\WPDOCS\Elgin\Pleading\draft protective order motion.wpd] 4

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