Rice v. Sumner County Board of Education

Filing 29

STIPULATED PROTECTIVE ORDER signed by District Judge Aleta A. Trauger on 5/26/2015. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.) (ds)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF TENNESSEE
NASHVILLE DIVISION

WANDA RICE INDIVIDUALLY AND AS, )
NEXT FRIEND FOR S.R., A MINOR CHILD,)
)
Plaintiff,
)
)
v.
)
Case No. 3:14-CV-02378
)
SUMNER COUNTY BOARD OF
)
EDUCATION
)
JURY DEMAND
)
Defendant.
)
______________________________________________________________________________
STIPULATED PROTECTIVE ORDER
______________________________________________________________________________
IT IS HEREBY STIPULATED by and between Plaintiff Wanda Rice, individually and as
next friend for S.R., a minor child and Defendant Sumner County Board of Education, that
personally identifiable documents and information derived from education records, protected
under the Family Educational Rights and Privacy Act (“FERPA”) of students who are nonparties to the above-styled matter (the “Confidential Documents and Information”), that bears
significantly on the parties’ claims or defenses will be disclosed or produced during the course of
discovery in this litigation. THEREFORE, an Order of this Court protecting such information
shall be and hereby is made by this Court on the following terms:
1.

Documents, information, and discovery responses, including all designated

deposition testimony, containing information protected under FERPA that is disclosed or
produced by any party in this litigation are referred to as Confidential Documents and
Information. All documents, information, discovery responses, or deposition testimony
designated by the producing party as “Confidential” and which are disclosed or produced to the
1

attorneys for the other parties to this litigation are Confidential Documents and Information and
are entitled to confidential treatment as described below.
2.

Access to Confidential Documents and Information is restricted to the following

persons:
a)

Counsel for any of the parties and their partners, associates, and

employees who are assisting in the litigation;
b)

Experts and consultants retained or employed to consult with, advise, or

assist counsel for any party in the preparation or trial of this litigation, provided that any such
expert or consultant shall first agree in writing to abide by the terms of this Order;
c)

Plaintiffs;

d)

Defendants;

e)

The Court and officers of the Court; and

f)

Court reporters engaged by any party for depositions and individuals

engaged by any party for the limited purpose of making photocopies.
3.

Nothing in this Order shall be construed to authorize counsel for any party or the

parties themselves to release, exchange, submit or share any Confidential Documents and
Information with any other person or any other entity, other than those persons specified in
Paragraph 2. Counsel shall be prepared to account for the disposition and use of the Confidential
Documents and Information by those persons specified in Paragraph 2.
4.

Whenever any Confidential Documents and Information are proposed to be filed

in the Court record, unredacted, such filing must be done under seal, by simultaneously
submitting a motion and accompanying order that includes a provision permitting the Clerk of
the Court to return to counsel or destroy any sealed material at the end of the litigation.

2

5.

Any copies made of the Confidential Documents and Information disclosed under

this Order shall be subject to the same restrictions as imposed on the original information.
6.

Upon the final termination of this litigation (either by settlement, the expiration of

time to appeal from an adverse ruling, or the exhaustion of all appellate remedies), counsel shall
forward on any demand for Confidential Documents and Information, testimony concerning
Confidential Documents and Information, or any extract, summary, or copy of such Confidential
Documents and Information. Counsel is responsible under the provisions of this paragraph for
the return of any Confidential Documents and Information given to any person identified in
Paragraph 2.
7.

No modification or amendment of this Order is permitted except by a writing

signed by counsel for the parties.
8.

The failure to insist upon full compliance with any of the terms of this Order in

any instance shall not be deemed to be a waiver of the subsequent right to insist upon full
compliance with those terms.
9.

Nothing in this Order shall be deemed to relieve any party or attorney of the

requirements of the Federal Rules of Civil Procedure.
IT IS SO ORDERED.
26th
Dated this the _____ day of May, 2015

_________________________________
JUDGE ALETA A. TRAUGER
United States District Judge

3

APPROVED FOR ENTRY:

Date: 5/22/15

s/ Roland F. Mumford
Roland F. Mumford (TN BPR #026495)
242 West Main Street
No. 223
Hendersonville, TN 37075
[e-mail]
Attorneys for Plaintiffs

s/ Kristi W. Arth
E. Todd Presnell (TN BPR # 17521)
Kristi Wilcox Arth (TN BPR # 30404)
BRADLEY ARANT BOULT CUMMINGS LLP
Roundabout Plaza
1600 Division Street
Suite 700
Nashville, TN 37203-0025
Tel.: [phone]
Fax: [phone]
[e-mail]
[e-mail]

Date: 5/22/15

Attorneys for Defendant, Sumner County Board of Education

4