Tims et al v. Clark County School District et al

Filing 69

ORDER granting 67 Stipulation for CCSD to Identify Name and Most Current Contact Information of Parents and Produce Video and Documents, If Any, Pursuant to FERPA. Signed by Magistrate Judge Cam Ferenbach on 10/19/2018. (Copies have been distributed pursuant to the NEF - MMM)

Download PDF
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 20 21 22 STIPULATION AND ORDER FOR CCSD TO IDENTIFY NAME AND MOST CURRENT CONTACT INFORMATION OF PARENTS AND PRODUCE VIDEO AND DOCUMENTS, IF ANY, PURSUANT TO FAMILY EDUCATION RIGHTS AND PRIVACY ACT (“ FERPA” 20 U.S.C. §1232G ), Plaintiffs, 18 19 Case No. 2:18-cv-00021-JAD-VCF v. CLARK COUNTY SCHOOL DISTRICT, KASEY GLASS, MARK CONNORS, and DOES 1-50, Defendants. 23 24 25 26 27 -1- 28 STIPULATION AND ORDER 2:18-cv-00021-JAD-VCF 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 the name of the minor student and the names and most current contact 4 information of the parents/guardians of the CCSD student who was identified by Kelsey Wilhere 5 Lynch during her deposition on September 21, 2018 as having an inappropriate interaction with 6 KASEY GLASS in the Multipurpose Room on a date prior to March 15, 2017. CCSD shall also 7 produce video surveillance footage and writings concerning this interaction, if any exist. 8 9 IT IS FURTHER HEREBY STIPULATED AND AGREED that the disclosure of such information will be subject to the Stipulated Confidentiality Agreement and Protective 10 s Order entered on May 1, 2018, as the identities of the student and the student’ parents who are 11 not a party to this case may be protected by the Family Education Rights and Privacy Act 12 (“ FERPA” 20 U.S.C. §1232g. ), 13 IT IS FURTHER HEREBY STIPULATED AND AGREED that CCSD shall have 10 14 days from the date of this order to produce the above information, to allow CCSD sufficient time 15 to provide notice to the affected individuals and an opportunity to object to the disclosure of their 16 personal identifiable information. 17 IT IS FURTHER HEREBY STIPULATED AND AGREED that if any individual 18 objects to the disclosure of their personal information, that individual must file an appropriate 19 document with the court within 7 days of receipt of notice of this Order. The Court will then 20 make a determination regarding the validity of the objection and whether such information will 21 be disclosed at its earliest convenience. 22 IT IS SO STIPULATED. 23 Dated: October 18, 2018 ROBISON, SHARP, SULLIVAN & BRUST 24 25 By: 26 /s/ Michael A. Burke MICHAEL A. BURKE Attorney for Plaintiffs 27 28 -2STIPULATION AND ORDER 2:18-cv-00021-JAD-VCF 1 Dated: October 18, 2018 2 LAW OFFICES OF PETER ALFERT, PC By: 3 4 5 Dated: October 18, 2018 /s/ Peter W. Alfert Peter W. Alfert Attorney for Plaintiffs Admitted Pro Hac Vice LAW OFFICES OF TODD BOLEY 6 By: 7 8 9 10 /s/ Todd A. Boley Todd Boley Attorney for Plaintiffs Admitted Pro Hac Vice GREENBERG TRAURIG, LLP Dated: October 18, 2018 11 By: 12 13 14 /s/ Kara Hendricks MARK E. FERRARIO KARA B. HENDRICKS WHITNEY L. WELCH-KIRMSE Attorneys for Defendants, 15 16 ORDER 17 18 IT IS SO ORDERED. 19 20 10-19-2018 Dated: _____________________ 21 ____________________________ UNITED STATE MAGISTRATE JUDGE 22 23 24 25 26 27 28 -3STIPULATION AND ORDER 2:18-cv-00021-JAD-VCF

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?