Doe v. Lenoir-Rhyne University

Filing 34

CONSENT PROPOSED SCHEDULING ORDER FOR DEFENDANT'S NOTICE AND PRODUCTION OF FERPA DOCUMENTS OR INFORMATION. Signed by Magistrate Judge David S. Cayer on 10/29/2018. (nvc)

UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
STATESVILLE DIVISION
Civil Action No. 5:18-CV-00032-FDW-DSC

JANE DOE,
Plaintiff,
v.
LENOIR-RHYNE UNIVERSITY,
Defendant.

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CONSENT PROPOSED
SCHEDULING ORDER FOR
DEFENDANT’S NOTICE AND
PRODUCTION OF FERPA
DOCUMENTS OR INFORMATION

Pursuant to this Court’s Order [Doc. No. 33] dated October 11, 2018, Plaintiff, Jane
Doe, (hereinafter “Plaintiff”), and Defendant, Lenoir-Rhyne University (hereinafter
“LRU” or “Defendant”) counsel for the parties have conferred and submit this Proposed
Scheduling Order for Defendant’s Notice and Production of Documents protected by the
Family Educational Rights and Privacy Act (hereinafter “FERPA”).
Pursuant to the Order [Doc. No. 33] the parties have conferred and agree that
Defendant will notify all affected students of the Court’s Order and the production of
documents (or unredacted documents) ordered therein as soon as possible. In order to give
a reasonable time for the notification to the affected students and for the students to take
action to respond to the production of these documents (or unredacted copies), the parties
believe that thirty days after the entry of this Order is a reasonable time for the notification
and possible response by the affected students.

The parties agree that Defendant will produce documents (or unredacted
documents) that were only withheld pursuant to objection regarding FERPA, within five
business days after the expiration of the thirty day notice and response period (thirty-five
days from entry of this Order) unless some objection to the production is made by any
affected student.

Defendant will notify Plaintiff’s counsel and the Court of any

communication with an affected student indicating an objection to the production ordered
by the Court.
Furthermore, any future documents withheld only due to an objection based upon
FERPA will follow the same timing schedule as set forth herein with the thirty day notice
and response period which will begin on the date upon which the discovery is due.
IT IS THEREFORE ORDERED that Defendant will notify affected students and
produce documents (or unredacted documents) withheld only on the basis of FERPA as set
forth herein and pursuant to this Court’s October 11, 2018 Order on or before the
aforementioned deadlines.
SO ORDERED.
Signed: October 29, 2018

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