Tims et al v. Clark County School District et al

Filing 40

ORDER granting 39 Stipulation to Produce Video; Signed by Magistrate Judge Cam Ferenbach on 8/1/2018. (Copies have been distributed pursuant to the NEF - JM)

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1 2 3 4 5 6 7 8 9 10 11 12 13 MICHAEL A. BURKE, Esq., NV Bar No. 11527 ROBISON, SHARP, SULLIVAN & BRUST 71 Washington Street Reno, NV 89503 Telephone: (775) 329-3151 Facsimile: (775) 329-7941 TODD BOLEY, CA Bar No. 68119 LAW OFFICES OF TODD BOLEY 2831 Mariner Square Dr., Ste 280 Alameda, CA 94501 Telephone: (510) 836-4500 Facsimile: (510) 649-5170 (admitted Pro Hac Vice) PETER W. ALFERT, CA Bar No. 83139 LAW OFFICES OF PETER ALFERT, PC 909 Marina Village Parkway #199 Telephone: (925) 279-3009 Facsimile: (925) 279-3342 (admitted Pro Hac Vice) Attorneys for Plaintiffs UNITED STATES DISTRICT COURT 14 DISTRICT OF NEVADA 15 16 17 TAMMARA TIMS and H.H., a minor by and through his Guardian Ad Litem, GENEVA ATTEBERRY Plaintiffs, 18 19 20 21 v. CLARK COUNTY SCHOOL DISTRICT, KASEY GLASS, MARK CONNORS, and DOES 1-50, Case No. 2:18-cv-00021-JAD-VCF STIPULATION AND ORDER FOR CCSD TO PRODUCE VIDEO FROM ADAMS ELEMENTARY SCHOOL TAKEN ON JANUARY 11, 2017 THAT DEPICTS STUDENTS PURSUANT TO THE FAMILY EDUCATION RIGHTS AND FERPA” 20 U.S.C. ), PRIVACY ACT (“ §1232G Defendants. 22 23 24 25 26 27 28 -1STIPULATION AND ORDER FOR CCSD TO PRODUCE VIDEO FROM ADAMS ELEMENTARY SCHOOL CASE NO. 2:18-CV-00021-JAD-VCF LV 421181304v1 1 IT IS HEREBY STIPULATED AND AGREED by and between undersigned counsel 2 for Plaintiffs and undersigned counsel for Clark County School District (hereinafter “ CCSD” ) 3 that CCSD shall produce a digital video recording depicting a minor that was taken by CCSD at 4 Adams Elementary School on January 11, 2017 as part of an investigation of an incident 5 involving Kasey Glass. 6 IT IS FURTHER HEREBY STIPULATED AND AGREED that the disclosure of 7 such information will be subject to the Stipulated Confidentiality Agreement and Protective 8 Order entered on May 1, 2018, as the digital image of a student (not a party to this case) that is 9 part of an investigation maintained by an educational agency may be protected by the Family 10 11 FERPA” 20 U.S.C. §1232g. ), Education Rights and Privacy Act (“ IT IS FURTHER HEREBY STIPULATED AND AGREED that CCSD shall have 30 12 days from the date of this order to produce the above information, so as to allow CCSD time to 13 provide notice to the affected individuals and an opportunity to object to the disclosure of their 14 personal identifiable information. 15 IT IS FURTHER HEREBY STIPULATED AND AGREED that if any individual 16 objects to the disclosure of their personal information, that individual must file an appropriate 17 document with the court within 10 days of receipt of notice of this Order. The Court will then 18 make a determination regarding the validity of the objection and whether such information will 19 be disclosed at its earliest convenience. 20 IT IS SO STIPULATED. 21 22 Dated: July 31, 2018 23 ROBISON, BELAUSTEGUI, SHARP & LOW By: 24 /s/ Michael A. Burke MICHAEL A. BURKE Attorney for Plaintiffs 25 26 27 28 -2STIPULATION AND ORDER FOR CCSD TO PRODUCE VIDEO FROM ADAMS ELEMENTARY SCHOOL Case No. 2:18-cv-00021-JAD-VCF LV 421181304v1 1 LAW OFFICES OF TODD BOLEY Dated: July 31, 2018 2 By: 3 4 5 Dated: July 31, 2018 /s/ Todd A. Boley Todd Boley Attorney for Plaintiffs Admitted Pro Hac Vice LAW OFFICES OF PETER ALFERT, PC 6 7 By: 8 9 10 /s/ Peter W. Alfert Peter W. Alfert Attorney for Plaintiffs Admitted Pro Hac Vice GREENBERG TRAURIG, LLP Dated: July 31, 2018 11 By: 12 13 14 /s/ Whitney L. Welch-Kirmse MARK E. FERRARIO KARA B. HENDRICKS WHITNEY L. WELCH-KIRMSE Attorneys for Defendants, 15 16 ORDER 17 18 19 20 21 IT IS SO ORDERED. August 1, 2018 Dated: _____________________ 22 ____________________________ HON. CAM FERENBACH UNITED STATES MAGISTRATE JUDGE 23 24 25 26 27 28 -3STIPULATION AND ORDER FOR CCSD TO PRODUCE VIDEO FROM ADAMS ELEMENTARY SCHOOL Case No. 2:18-cv-00021-JAD-VCF LV 421181304v1

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