John Doe v. Mentor Public School District BOE et al

Filing 19

Memorandum Opinion and Order. The parties should attempt to agree upon a proposed protective order for any documents that may be deemed discoverable. The requested records should be submitted to the Court for in camera review, along with a proposed protective order no later than June 29, 2011. (See order for details). Judge Donald C. Nugent on 6/15/11. (E,P)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF OHIO
EASTERN DIVISION
DRAGAN VIDOV IC, et al.,
Plaintiffs,
v.
MENTOR PUBLIC SCHOOL DISTRICT
BOARD OF EDUCATION, et al.,
Defendants.

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CASE NO. 1:10 CV 1833

JUDGE DONALD C. NUGENT

MEMORANDUM OPINION
AND ORDER

This matter is before the Court on third-party, Lake County Department of Job and
Family Services’s (“Lake County DJFS”) Objection and Motion to Quash or Modify Subpoena.
Lake County DJFS has asked the Court to quash the subpoena, or, in the alternative, to issue a
protective order precluding production of its confidential records and related testimony, or
conduct and in camera review of the requested records. (ECF #13). Defendants, in response,
have asked the Court to conduct an in camera review of the requested records and to, thereafter,
order disclosure of all relevant records. Although the records are protected to some degree by
state confidentiality laws, they are not subject to an absolute privilege from disclosure in a
federal court action. Therefore, Lake County DJFS shall turn over the requested records to the
Court for an in camera review. The Court will then determine (1) whether the records are
necessary and relevant to the pending action; (2) whether good cause has been shown by the

person seeking disclosure; and (3) whether the need for disclosure outweighs the confidentiality
considerations set forth in the state confidentiality laws. See, e.g., Thomas v. Cleveland
Municipal School Dist., Case No. 1:05-CV-2216, 2006 U.S. Dist. Lexis 6484 (N.D. Ohio Feb.
21, 2006).

Further, the parties should attempt to agree upon a proposed protective order for any

documents that may be deemed discoverable. The requested records should be submitted to the
Court for in camera review, along with a proposed protective order no later than June 29, 2011.
IT IS SO ORDERED.

/s/Donald C. Nugent
Donald C. Nugent
United Stated District Judge
Date:

June 15, 2011

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