C.H. v. Howard et al

Filing 54

STIPULATED CONFIDENTIALITY ORDER REGARDING PERSONNEL FILES by Magistrate Judge Stephan M. Vidmar. (nlb)

Case 2:21-cv-00574-MV-SMV Document 54 Filed 01/11/22 Page 1 of 5

UNITED STATES DISTRICT COURT
DISTRICT OF NEW MEXICO
C.H.,
Plaintiff,
v.

No. 2:21-cv-00574-MV-SMV

PATRICK HOWARD and LAS CRUCES
PUBLIC SCHOOLS,
Defendants.
STIPULATED CONFIDENTIALITY ORDER REGARDING PERSONNEL FILES
THIS MATTER having come before the Court upon the stipulation of C.H. (“Plaintiff”), Patrick
Howard (“Defendant”) and Las Cruces Public Schools (“Defendant), together referred to as “the Parties”,
in order to preserve and maintain the confidentiality of personnel files produced by Las Cruces Public
Schools, the Court hereby finds there is good cause to enter a confidentiality order in this case.
THEREFORE, it is hereby ordered that:
Upon the stipulation of all parties, IT IS HEREBY ORDERED:
1.

The personnel files of any employee produced by Las Cruces Public Schools shall be

"Confidential" in accordance with this Stipulated Confidentiality Order Regarding Personnel Files
and all information derived therefrom shall not be shared with other attorneys or parties in other
cases, and shall be used solely in connection with this lawsuit and shall not be used for any other
purpose except as otherwise ordered by this Court.
2.

The personnel files may be made available in whole or in part to:
a.

the Parties

Case 2:21-cv-00574-MV-SMV Document 54 Filed 01/11/22 Page 2 of 5

b.

outside or in house counsel who represent the Parties m this action, and

regular and temporary employees of those counsel assisting in the conduct of this action, for
use in accordance with this Stipulated Confidentiality Order Regarding Personnel Files;
c.

consultants or experts assisting counsel for the Parties in this action;

d.

actual or potential deponents or witnesses in this action, and their counsel

during the course of, or to the extent necessary in preparation for, deposition or trial testimony in
this action, or to the extent necessary to determine whether they are proper deponents or witnesses
in this action; and
e.

the Court in this action and court reporters employed in connection with

this action.
3.

No disclosure of the personnel files shall be made to any person until such personhas

been provided with a copy of this Stipulated Confidentiality Order Regarding Personnel Files.
4.

Copies of the personnel files may be made in order to facilitate use in pleadings and

at depositions. All such copies shall be treated as "Confidential" and subject to the provisions of
this Stipulated Confidentiality Order Regarding Personnel Files.
5.

The personnel files may be referred to in interrogatory answers, motions, and briefs,

and may be used in depositions and marked as deposition exhibits in this proceeding.
6.

Subject to the Federal Rules of Evidence, "Confidential" documents may be offered

in evidence at trial or any hearing, provided that the proponent of the evidence gives a minimum of
three days' advance notice to counsel for the party or other person that designated the information
as confidential.
7.

The parties and their counsel shall take steps reasonably necessary or appropriate

to see that no persons receiving access to the personnel files pursuant to this Order shall use,

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disclose, copy, or record such documents, for any purposes other than the preparation for or
conduct of this case.
8.

In the event that any person or party ceases to be engaged or involved in this action,

the provisions of this Stipulated Confidentiality Order Regarding Personnel Files shall remain in
full force and effect. Any such person or party shall return or destroy any copies of the personnel
files as above provided.
9.

Following the conclusion of this litigation, all copies of the personnel files shall be

returned or destroyed.
IT SO ORDERED.
_____________________________________
THE HONORABLE STEPHAN M. VIDMAR
UNITED STATES MAGISTRATE JUDGE

Case 2:21-cv-00574-MV-SMV Document 54 Filed 01/11/22 Page 4 of 5

Submitted by:
ATWOOD, MALONE, TURNER & SABIN, P.A.
By Electronically Submitted on 01/04/22 /s/ Bryan Evans
Bryan Evans
Barbara Evans
Atwood, Malone, Turner & Sabin, P.A.
P.O. Drawer 700
Roswell, NM 88202-0700
[phone]
Attorneys for Defendant Las Cruces Public Schools
Approved as to Form:
AGREED AND STIPULATED:
___via email
___________
Mollie McGraw, Esquire
Amanda S. Carmody, Esquire
McGraw Law & Associates
165 W. Lucero Ave.
Las Cruces, NM 88005
[phone]
Attorneys for Plaintiff
_____via email ___________
John S. Stiff, Esquire
H. Nicole Werkmeister, Esq., Of Counsel
Stiff, Keith & Garcia, LLC
500 Marquette Ave., N.W., Suite 1400
Albuquerque, NM 87102-5312
[phone]
Attorneys for Defendant Howard
___via email ____________
Cody R. Rogers, Esquire
Jarmie & Rogers, P.C.
P.O. Box 344
Las Cruces, NM 88004-0344
[phone]
Attorneys for Defendant Howard

Case 2:21-cv-00574-MV-SMV Document 54 Filed 01/11/22 Page 5 of 5

___via email ____________
Jim “Jeep” Darnell, Esquire
Jim Darnell, P.C.
310 N. Mesa St., Suite 212
El Paso, TX 79901
[phone]
Attorney for Defendant Howard