Taylor et al v. Santa Fe Public School District et al

Filing 21

ORDER by Magistrate Judge Jerry H. Ritter granting #17 Motion for Entry of Stipulated Confidentiality Order. (sjl)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO
LILY TAYLOR, TIM TAYLOR, and BONNIE
TAYLOR
Plaintiffs,
v.

No. 1:23-cv-00821-KRS-JHR

THE SANTA FE PUBLIC SCHOOL
DISTRICT, THE SANTA FE PUBLIC
SCHOOL BOARD OF EDUCATION,
CARL MARANO, in his individual capacity,
HILARIO CHAVEZ, in his individual capacity,
UNIVERSAL PROTECTION SERVICE, LLC
d/b/a ALLIED UNIVERSAL SECURITY SERVICES,
AMEEN BENHALIM, and BADR EL-BADRI,
Defendants.
STIPULATED CONFIDENTIALITY ORDER
THIS MATTER having come before the Court on the Joint Motion for Entry of Stipulated
Confidentiality Order (Doc. 17) and the parties’ agreement that the confidentiality of information
and certain documents, including paper and electronic documents, should be maintained in this
action (“the Lawsuit”). The Court finds that good cause exists for entering this Order.
THE COURT HEREBY ORDERS:
1. The following documents and information contained in said documents (hereinafter
“Confidential Information”), which may be produced as described below, shall be kept
confidential and shall be utilized by the Parties for purposes solely related to the Lawsuit (including
but not limited to discovery, motions practice, mediation, or trial), as stated below:
a.

All medical and psychological records;

b.

Bank and credit card account numbers and statements;

c.

Personnel records of employees of Santa Fe Public Schools containing employee
evaluations and disciplinary actions, social security numbers, dates of birth, home
addresses and personal telephone numbers, banking information, health and life
insurance information, and any other information exempt from disclosure to the
public under the Inspection of Public Records Act (“IPRA”), NMSA 1978, § 14-21, or other applicable law;

d.

All documents containing Protected Health Information (“PHI”), as defined in the
Health Insurance Portability and Accountability Act ("HIPAA") privacy rule,
PL 104-191, 45 CFR Parts 160 and 64 and the HITECH Act;

e.

All student information protected by the Family Educational Rights and Privacy
Act ("FERPA"), 20 U.S.C. § 1232g.

f.

Photographs, digital images, or video recordings which depict any sexual activity,
nudity, or sexual assault examination.

g.

Personnel records and identifiers of Universal Protection Service LLC d/b/a Allied
Universal Security Services, LLC including employee personnel records,
evaluations, disciplinary actions, financial data, social security numbers, dates of
birth, home addresses, and personal telephone numbers.

h.

Propriety information and commercial data of Universal Protection Service LLC
d/b/a Allied Universal Security Services, LLC including financial information, tax
records, trade secrets, marketing strategies, customer information or lists, contracts,
post orders, daily activity reports, information concerning actual or anticipated
business activities and research or development.

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2. The parties shall utilize the following procedure to identify documents and/or information
as Confidential Information and protect Confidential Information from disclosure to any third
party:
a.

Any party disclosing information or materials may, at any time prior or subsequent
to disclosure, identify and mark material as “CONFIDENTIAL,” provided a good
faith basis exists for deeming the material confidential and that this designation is
expressly made by notation on the material itself or in a letter accompanying the
disclosure of the material. Any materials used during a deposition which a party
believes should be confidential must be identified as confidential prior to or during
the deposition itself.

b.

All Confidential Information produced or exchanged in the course of discovery in
this litigation shall be used solely for the purpose of this litigation until final
judgment, including any appeals or settlement, and shall not be disclosed to any
person other than as permitted herein.

c.

Confidential Information used during depositions shall be expressly identified as
“Confidential” in the transcript or other official record of the deposition.
Confidential Information marked as deposition exhibits must be clearly marked as
“Confidential” before those exhibits are included in any official transcription or
record. The parties stipulate that nothing in this Stipulated Confidentiality Order
shall preclude any party from contesting the relevance or admissibility of any
material produced pursuant to the Stipulated Confidentiality Order.

3. Attorneys for the Parties shall only distribute or disclose Confidential Information to the
following persons: (1) the Parties, judge, court personnel, and jury; (2) legal counsel representing

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the Parties in this action (including their administrative assistants, law clerks and other law office
support staff); (3) expert witnesses retained by any Party in relation to the Lawsuit; (4) court
reporters and videographers involved in the taking of any depositions, including any employees
thereof; and (5) any fact witness that may be called to testify at a deposition by oral examination
or at trial.
4. Parties to the Lawsuit may not copy or retain copies, either paper or electronic, of any
Confidential Information, but may review such documents as is necessary in this case, provided
that any such document review shall be limited to the parties themselves and further provided that
any such documents reviewed (or copies thereof) shall be promptly destroyed or returned to their
respective attorneys at the conclusion of this case. The Parties will not permit any person not
identified above in Paragraph 3 to inspect, examine, copy or replicate any Confidential
Information. The Parties will not disclose any Confidential Information to any person not
identified in Paragraph 3 at any time, except by order of the Court. Attorneys for the Parties agree
that they and their employees will utilize Confidential Information only for purposes related to the
Lawsuit, and that they shall otherwise maintain the confidentiality of documents and information
deemed Confidential Information; provided however, that nothing contained in this
Confidentiality Order shall prevent the Santa Fe Public Schools or its employees from using
Confidential Information created or maintained by it, if used in the ordinary course of business.
5. The parties acknowledge that this Order does not entitle them to seal confidential
information filed with the Court.
6. In the event a party seeks to file any document containing Confidential Information subject
to protection under this Order with the Court, that party must take appropriate action to insure that
the document receives proper protection from public disclosure, including: (a) filing a redacted

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document with the consent of the party who designated the document as confidential; (b) where
appropriate (e.g., in relation to discovery and evidentiary motions), submitting the document solely
for in camera review; or, (c) when the preceding measures are inadequate, seeking leave to file the
document or portions thereof under seal by filing a written motion for leave to file under seal. The
submitting party may file a document designated as confidential under this Order as a separate
sealed exhibit before a sealing order is obtained. However, contemporaneously with that filing, the
party must file a motion for leave to file the document under seal, identifying the party that has
designated the material as confidential (“the designating party”). If the party filing the document
containing confidential information is the designating party, the motion for leave to file under seal
should include a declaration identifying the confidential information contained in the document
and explaining why the document is sealable. If the party filing the document is not the designating
party, the designating party must file a declaration identifying the confidential information
contained in the document and stating whether the designated material is sealable, and if so why,
within fourteen (14) days of the filing of the motion to file under seal. If the designating party does
not file a responsive declaration within the fourteen-day time period, the submitting party may file
the document in the public record no earlier than four days, and no later than ten days, after the
motion is denied.
7. The terms of this protective order do not preclude, limit, restrict, or otherwise apply to the
use of documents at court proceedings. Subject to the Federal Rules of Evidence, a confidential
document may be offered into evidence at trial or any court hearing, provided that the proponent
of the evidence gives advance notice to opposing counsel of the intended use of the confidential
document as may be required by a scheduling or other order. Any party may move the Court for
an order that the confidential document be received in camera or under other conditions to prevent

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unnecessary disclosure. The Court will then determine whether the proffered evidence should
continue to be treated as a confidential document and, if so, what protection(s) may be afforded to
such information at the trial or hearing.
8. If any Party produces any document which contains PHI, as defined and used in the
HIPAA, the Party may elect to redact the PHI from the document prior to production if it pertains
to a person who is not a Party to the Lawsuit. If a Party (a) chooses to produce Confidential
Information that contains PHI, (b) is required to produce Confidential Information that
contains PHI, or (c) otherwise uses Confidential Information that contains PHI, this
Confidentiality Order shall be considered a "Qualified Protective Order”, as permitted under 45
CFR §§ 164.512(e)(1)(ii) and -(v). Therefore, the party producing any documentation
containing PHI is hereby relieved of the requirement to give notice to the patient(s) whose PHI
is contained in the confidential record being disclosed (see 45 CFR § 164.512(e)(1)(ii)(A)).
9. Upon conclusion of the Lawsuit, the provisions of this Order shall continue to be
binding. This Order shall remain in full force and effect until modified, superseded, or terminated
by consent of the parties or by Court Order. All Confidential Information including but not
limited to, PHI subject to HIPPA and/or the HITECH Act, including all copies, must either be
returned to the providing party or destroyed within thirty days of the conclusion of the Lawsuit,
and any subsequent appeal, if any, as provided in 45 C.F.R. §164.512(e)(1)(v).
10. This Order shall not be construed as a waiver by any Party of any objection the Party
might have regarding the production, admissibility or use of any Confidential Information
produced in the course of litigation of the Lawsuit. If any Party disputes the designation of any
document as Confidential Information, such Party may bring the issue to the Court’s attention,
either by motion or, if all Parties agree, pursuant to an informal telephonic status conference

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with the assigned judge overseeing discovery matters, for a decision on whether such document
or information contained therein constitutes Confidential Information subject to the terms of
this Order. However, the parties shall negotiate in good faith concerning any dispute over the
confidentiality of materials before raising the issue with the Court. Any dispute as to whether a
document and/or its contents is Confidential Information shall be kept Confidential pursuant
to the terms of this Order until, and unless, the Court rules otherwise.
11. This Order is not binding on court personnel or jurors.
IT IS SO ORDERED.
__________________________________________
THE HONORABLE JERRY H. RITTER
UNITED STATES MAGISTRATE JUDGE
Approved By:
Counsel for Plaintiff
/s/ Ben Osborn by email on 11/10/2023
Katherine Ferlic
Ben Osborn
EGOLF + FERLIC +
MARTINEZ + HARWOOD
123 W. San Francisco Street, Second Floor
Santa Fe, New Mexico 87501
[phone]
[e-mail]
[e-mail]
Counsel for The Santa Fe Public School District,
The Santa Fe Public School District Board of Education,
Carl Marano, and Hilario Chavez
/s/ Gerald A. Coppler
Gerald A. Coppler
COPPLER LAW FIRM, P.C.
645 Don Gaspar Ave
Santa Fe, New Mexico 87505-2696
[phone]
[e-mail]
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Counsel for Universal Protection Service, LLC
d/b/a Allied Universal Security Services
/s/ Dominique C. Oliver by email on November 11/10/2023_
Louis W. Horowitz
Dominique C. Oliver
LORBER, GREENFIELD, & POLITO, LLP
100 Sun Ave. NE, Suite 650
Albuquerque, NM 87109
[e-mail]
[e-mail]
Counsel for Ameen Benhalim
/s/ Thomas Lynn Isaacson by email on 11/10/2023
Thomas Lynn Isaacson
MASON & ISSACSON, P.A.
P.O. Box 1772
104 E. Aztec
Gallup, New Mexico 87301
[phone]
[e-mail]
Counsel for Badr El-Badri
/s/ Jeffrey Mitchell by email on 11/13/2023
Richard M. Padilla
Jeffrey Mitchell
O’BRIEN & PADILLA, P.C.
6000 Indian School Rd., N.E., Suite 200
Albuquerque, New Mexico 87110
[phone]
[e-mail]
[e-mail]

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