T. v. Douglas County School District

Filing 24

DOCKETING ERROR - DUPLICATE RE ECF No. 23 ; DISREGARD THIS ENTRY: ORDER - The Court, having reviewed and considered the forgoing and finding good cause, does hereby ORDER that the Motion to Lodge Administrative Records under seal is hereby granted. Plaintiffs shall comply with LR IA 10-5 and LR IC 4-1(c). Signed by Magistrate Judge Carla Baldwin on 9/8/2021. (Copies have been distributed pursuant to the NEF - SMR) Modified on 9/8/2021 to denote DUPLICATE, DOCKET ERROR (SMR).

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Case 3:21-cv-00242-MMD-CLB Document 24 Filed 09/08/21 Page 1 of 2 1 2 3 4 5 6 Michelle Bumgarner, Esq. Nevada Bar No. 10525 ADAMS ESQ, A Professional Corporation One East Liberty, Suite 600 Reno NV 89501 (775) 219-6777 (phone) (775) 924-7200 (fax) mbumgarner@adamsesq.com Attorney for Plaintiffs 7 8 UNITED STATES DISTRICT COURT 9 DISTRICT OF NEVADA 10 11 W.T., a minor, by and through Guardians ad Case No.: 3:21-cv-242-MMD-CLB 12 Litem and individuals, C.P and B.P., MOTION TO LODGE ADMINISTRATIVE RECORD UNDER SEAL; PROPOSED ORDER 13 14 Plaintiffs, v. [LOCAL RULE IA 10-5] 15 16 17 18 19 20 21 22 23 24 25 26 27 28 DOUGLAS COUNTY SCHOOL DISTRICT, Defendant. Plaintiffs hereby move for an Order pursuant Local Rule IA 10-5 for leave to file the Administrative Record (“AR”) under seal. Plaintiff W.T. is a minor child who is the subject of this appeal and the underlying special education administrative hearing. On November 2-4, 2020, the Nevada Department of Education held a Due Process Hearing involving Petitioners W.T. and his Parents and Respondent Douglas County School District. The Hearing Officer Kevin P. Ryan rendered a final Decision (“Decision”). On March 9, 2021, State Review Officer Diaz-Pollack issued her Decision and Order affirming the Hearing Officers Decision. The AR from the Nevada Department of Education, State Review Officer (‘SRO’) contains W.T.’s private and confidential medical, physiological and/or academic information. 1 MOTION TO LODGE ADMINISTRATIVE RECORD UNDER SEAL; PROPOSED ORDER Case 3:21-cv-00242-MMD-CLB Document 24 Filed 09/08/21 Page 2 of 2 1 The disclosure of private medical, physiological and/or academic information 2 regarding W.T. might cause embarrassment and /or annoyance to him and/or his parents. 3 Plaintiffs believe that the privacy rights of W.T. outweigh any right the public may have 4 to obtain access to information about him contained in the records. 5 6 WHEREAS, Plaintiffs request this Court to enter an order that the AR be a 7 SEALED record at such time as it is lodged with this Court and as long as it remains with 8 this Court for this matter. 9 10 Dated: September 7, 2021 Respectfully submitted, ADAMS ESQ, a Professional Corporation 11 12 /s/Michelle Bumgarner Michelle Bumgarner Attorney for Plaintiffs 13 14 15 16 17 18 ORDER 19 20 The Court, having reviewed and considered the forgoing and finding good cause, 21 does hereby ORDER that the Motion to Lodge Administrative Records under seal is 22 hereby granted. Plaintiffs shall comply with LR IA 10-5 and LR IC 4-1(c). 23 24 25 26 DATED: September 8, 2021 ________________________________ Carla Baldwin UNITED STATES MAGISTRATE JUDGE 27 28 2 MOTION TO LODGE ADMINISTRATIVE RECORD UNDER SEAL; PROPOSED ORDER

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