Tims et al v. Clark County School District et al

Filing 191

ORDER Granting 152 Motion to Compel Records from the Department of Family Services. Signed by Magistrate Judge Cam Ferenbach on 6/27/2019. (Copies have been distributed pursuant to the NEF - ADR)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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TAMMARA TIMS and H.H., a minor by and
through his Guardian Ad Litem, GENEVA
ATTEBERRY,
Plaintiffs,

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vs.
CLARK COUNTY SCHOOL DISTRICT,
KASEY GLASS, MARK CONNORS, and
DOES 1-50,

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2:18-cv-00021-JAD-VCF
ORDER AUTHORIZING RELEASE OF
RECORDS FROM THE CLARK
COUNTY DEPARTMENT OF
FAMILY SERVICES

Defendants.

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Having reviewed and considered Defendant Clark County School District’s Motion to Compel

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Records from the Department of Family Services (“Motion”) [ECF No. 152], and having read and

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considered all papers filled in support thereof and in opposition thereto, and having heard and considered

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the oral arguments of counsel on June 21, 2019, and with good cause appearing, the Court orders as

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follows:

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IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the Motion [ECF No. 152] is

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hereby GRANTED IN PART AND DENIED IN PART and the Court orders the Clark County Department

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of Family Services to simultaneously release to counsel for CCSD and counsel for Plaintiff unredacted

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copies of all records in its possession, custody and control pertaining to H.H. and unredacted copies of all

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records in its possession, custody and control pertaining to his mother, Tammara Tims, excluding

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Tammara Tims’ mental health records, from August 15, 2007 to the present. The records will be subject

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to the protections of the Stipulated Confidentiality Agreement and Protective Order, filed on May 1, 2018

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[ECF No. 33] (“Protective Order”) and thus in camera inspection by the Court is not required.

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IT IS FURTHER ORDERED that if the Clark County Department of Family Services withholds

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any documents on the ground that they are Tammara Tims’ mental health records, it shall prepare, and

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disclose simultaneously to counsel for CCSD and counsel for Plaintiff, a log stating the date, the author,

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if known, and the entity or agency that created the document. The log must not disclose any content in the

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document.

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DATED this 27th day of June, 2019.
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CAM FERENBACH
UNITED STATES MAGISTRATE JUDGE