Doe v. Lenoir-Rhyne University

Filing 33

ORDER granting 24 Motion to Compel. Signed by Magistrate Judge David S. Cayer on 10/11/2018. (nvc)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
STATESVILLE DIVISION
CIVIL ACTION NO. 5:18-CV-00032-DSC
JANE DOE,
Plaintiff,
v.
LENOIR-RHYNE UNIVERSITY,
Defendant.

)
)
)
)
)
)
)
)
)

THIS MATTER is before the Court on “Plaintiff’s Motion to Compel Production of
Documents as Required by the Family Educational Rights and Privacy Act” (document #24), as
well as the parties’ briefs and exhibits.
For the reasons stated in Plaintiff’s briefs, the Motion is granted. Defendant shall produce
documents that are responsive to Plaintiff’s discovery requests, including those identified by
Defendant in its initial disclosures.
The affected students have a right to reasonable advance notice of the production of
documents so that they may have an opportunity to take protective action. See 20 U.S.C. §
1232g(b); 34 C.F.R. § 99.31(a)(9)(ii). Accordingly, the Court orders the parties’ counsel to meet
and confer concerning a schedule for providing that notice, followed by Defendant’s production
to Plaintiff. If the parties are able to agree as to a schedule, they shall present it to the Court in the
form of a proposed order. If they cannot agree, each party shall present a proposed order. The
parties shall submit their proposed order(s) within fifteen days of entry of this Order.
The Clerk is directed to send copies of this Order to counsel of record.

SO ORDERED.
Signed: October 11, 2018