Ferguson, et al., v. Clark County School District, et al.,

Filing 88

ORDER Granting #86 Motion to Compel Production of Records from Child Custody Proceedings Regarding Christopher Walker. Signed by Magistrate Judge George Foley, Jr on 4/9/12. (Copies have been distributed pursuant to the NEF - ASB)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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JOANNA FERGUSON, by and through
her Guardians ad Litem, et al.,

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Plaintiffs,
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vs.
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CLARK COUNTY SCHOOL DISTRICT;
et al.,

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Defendants.

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Case No. 2:08-cv-00031-JCM-GWF
ORDER
Motion to Compel (#86)

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This matter comes before the Court on Clark County School District’s Motion to Compel

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Production of Records from Child Custody Proceedings Regarding Christopher Walker (#86),

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filed on March 12, 2012. No response was filed.

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This case is based on Defendant Mamie Hubbard-Washington’s alleged verbal and

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physical abuse of Plaintiff Christopher Walker from January 2006 to May 2007 at Doris Reed

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Elementary School. Ms. Washington has already been convicted on five counts of child abuse.

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Plaintiff by and through his parents/guardian ad litems bring this suit alleging that CCSD failed to

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appropriately investigate complaints made by parents and aides regarding the teacher assigned to

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the autistic classroom. During the relevant time period, Christopher’s parents, Bonnie Walker and

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Robert Kauffman, were going through a contested divorce proceeding wherein the continued

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placement of Christopher at Doris Reed was a matter in dispute. Defendant Clark County School

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District (CCDS) requests the Court compel the production of any family court records that contain

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statements relating to the Bonnie Walker or Robert Kauffman’s observations or impressions of

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their child’s care and treatment at Doris Reed. CCSD argues that these records are relevant as

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both cases relate to the relevant time period and both cases discuss Christopher’s well-being.

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Plaintiffs failed to file a response to this motion. Pursuant to LR 7(d), “failure of an

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opposing party to file points and authorities in response to any motion shall constitute a consent to

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the granting of the motion.” The Court further finds that the family court records relating to

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Christopher’s education at Doris Reed are relevant to this case. The Court will therefore grant

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CCSD’s request. Given the potential confidential nature of family court proceedings, the Court

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will only compel disclosure of family court records or documents that contain statements relating

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to Bonnie Walker’s or Robert Kauffman’s impressions or observations of Christopher Walker’s

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education at Doris Reed. Accordingly,
IT IS HEREBY ORDERED that Clark County School District’s Motion to Compel

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Production of Records from Child Custody Proceedings Regarding Christopher Walker (#86) is

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granted. Plaintiffs shall produce any family court records or documents that contain statements

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relating to Bonnie Walker’s or Robert Kauffman’s impressions or observations of Christopher

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Walker’s education at Doris Reed to CCSD no later than April 30, 2012.

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DATED this 9th day of April, 2012.

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______________________________________
GEORGE FOLEY, JR.
United States Magistrate Judge

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