Richardson v. Huber Heights City Schools Board of Education et al
Filing
24
PROTECTIVE ORDER - Pursuant to Rules 26(c) and 5.2(e) of the Federal Rules of Civil Procedure, the Proposed Agreed Protective Order 22 , and the Order 23 docketed on October 24, 2013, this Protective Order is hereby issued. Signed by Chief Magistrate Judge Sharon L Ovington on 10/24/2013. (rms)
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IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION AT DAYTON
DONALD RICHARDSON, et al.,
Plaintiffs,
:
:
:
v.
BOARD OF EDUCATION OF
HUBER HEIGHTS CITY
SCHOOLS, et al.,
Defendants.
Case No. 3:12cv00342
District Judge Thomas M. Rose
Chief Magistrate Judge Sharon L. Ovington
:
:
:
PROTECTIVE ORDER
Pursuant to Rules 26(c) and 5.2(e) of the Federal Rules of Civil Procedure, the
Proposed Agreed Protective Order (Doc. #22), and the Order docketed on October 24,
2013 (Doc. #23), IT IS HEREBY ORDERED as follows:
1.
Definitions:
a.
“Confidential Information” includes the following:
i.
Any and all personally identifiable information from
an educational record of a student that is protected by
the Family Education Rights and Privacy Act, 20
U.S.C. § 1232g; 34 C.F.R. Part 99.
ii.
Any and all information which is not a public record
under Ohio Rev. Code § 149.43(A). Medical records
under Ohio Rev. Code § 149.43(A)(1)(a) shall include
those records which relate to any visit with any
hospital, physician, psychologist, therapist, social
worker or other health care provider or counselor.
iii.
Any and all information that leads to identifying
information about Minor Plaintiff and Individual
Defendants, who were minors at the time of the
Complaint allegations, that could lead to public
revelation as to their identity, including without
limitation their addresses, their parents' and/or siblings'
names and addresses, any information that is
designated pursuant to this Order as confidential,
including documents or other materials provided by the
parties and/or witnesses in depositions or in response
to parties' interrogatories and requests for production.
iv.
Any and all testimony discussing subject matter which
is confidential.
b.
c.
“Disclosure” or “disclose” means divulge, reveal, describe, summarize,
paraphrase, quote, transmit, or otherwise communicate Confidential
Information.
d.
2.
“Confidential Document” refers to a document that is marked as
“confidential” by the producing party and that contains any of the above
kinds of information defined as “Confidential Information.”
Confidential Information shall be utilized only for the purpose of this
litigation.
Disclosure of Confidential Information During Discovery: During the pendency of
this litigation, Confidential Information shall be retained solely in the custody of
the parties' counsel and their employees and shall not be placed in the possession
of or disclosed to any other person, except under the following circumstances:
a.
In lieu of marking the original of documents, the parties may mark
the copies that are produced.
b.
Confidential Information may be disclosed to a court reporter during
the course of a deposition.
c.
Confidential Information may be disclosed to witnesses in
preparation for trial or deposition.
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d.
e.
Confidential Information may be disclosed as provided in this Protective
Order or upon leave of Court.
f.
3.
Outside consultants or experts retained by the Parties for purposes of
this litigation. No outside consultant or expert may review such
Confidential Information until he or she first signs a document in the
form of Exhibit A. Counsel for the Parties shall maintain a sealed list
of all consultants and experts who receive Confidential Information
pursuant to this Confidentiality Stipulation and Agreed Protective
Order, and the nature and extent of the Confidential Information
disclosed to each, which list may not be reviewed during the course
of this litigation, including any appeals, by any other person(s)
without prior Court order for good cause shown.
Counsel will make any witnesses or individuals to whom Confidential
Information is being disclosed aware of the existence of this order as well
as its terms, and will further advise any such witness that the terms and
conditions of the order are binding upon them. All such witnesses or
individuals will execute the Acknowledgment and Consent to Agreed
Protective Order form, attached as Exhibit A.
Disclosure of Confidential Information to the Court:
a.
All Confidential Documents, including transcripts, that are filed with the
Court that contain any portion of any Confidential Information shall be filed
in a sealed envelope or other appropriately sealed container on which shall
be endorsed the title to the action to which it pertains, an indication of the
nature of the contents of such sealed envelope or other container, the phrase
“Subject to Protective Order,” and a statement substantially in the following
form:
This envelope is sealed and contains confidential information filed in this case by (name
of party) and is not to be opened or the contents thereof displayed or revealed except by
order of the court or pursuant to written stipulation of the parties to this action. This
envelope or container shall not be opened without an order of the court, except by officers
of the court, and counsel of record, who, after reviewing the contents shall return them in
a sealed envelope or container.
b.
Upon the conclusion of this action, all Confidential Documents, all excerpts
thereof, and all copies thereof provided to any person or entity shall be
returned to the producing party. Any materials prepared for purposes of the
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litigation that contains any Confidential Information that was derived from
a Confidential Document shall be destroyed by the party that prepared the
materials at the conclusion of the litigation, and said party shall upon
request certify the destruction of such material.
4.
If a nonproducing party contends that any material has been erroneously
designated “confidential” that party shall, nevertheless, treat the material as
“confidential” unless and until that party either (a) obtains the producing party's
written permission to do otherwise, or (b) obtains an order of the court finding that
the material is not “confidential.”
5.
The obligation to maintain confidentiality, as described herein, shall remain in
force at all times before and after the entry of the trial court's final judgment in this
action.
6.
Any information, documents or testimony produced or disclosed without a
“Confidential” designation may be subsequently designated by the producing party
as such, within ten (10) days of the producing party's knowledge that such material
was subject to this Order and was entitled to, but inadvertently produced without
the “Confidential” designation.
7.
To the extent a document contains confidential information and/or personally
identifiable information from an educational record of a student or former student
that is protected by the Family Education Rights and Privacy Act, 20 U.S.C. §
1232g; 34 C.F.R. Part 99, Defendant Huber Heights City Schools Board of
Education will, before production of the document, make a reasonable effort to
notify the parent or eligible student of this Protective Order so that the parent or
eligible student may seek protective action, if desired. The notification to the
parent or eligible student will indicate the date on which the document will be
produced in the absence of the parent or eligible student obtaining protective relief.
8.
Separately and in addition to provision 7 stated above, if the document to be
produced is part of a school disciplinary file for any party or non-party student or
former student, the following shall occur before production. Upon request of an
interested party, the Court shall conduct an in camera review of any documents
contained in any school disciplinary file. During such in camera inspection, the
Court shall consider:
a.
whether the records are necessary and relevant to the pending action;
b.
whether good cause has been shown by the party seeking disclosure; and
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c.
whether the discovery of the records outweighs confidentiality
considerations.
The Court will then issue Orders on production of such documents on a case-by-case
basis.
9.
This Protective Order shall not prevent any of the parties or any third party from
applying to the Court for relief therefrom, or from applying to the Court for further
or additional Protective Orders, or from agreeing between themselves in writing to
modification of this Protective Order, subject to the approval of the Court.
IT IS SO ORDERED.
October 24, 2013
s/Sharon L. Ovington
Sharon L. Ovington
Chief United States Magistrate Judge
5
EXHIBIT A
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION AT DAYTON
DONALD RICHARDSON, et al.,
Plaintiffs,
:
BOARD OF EDUCATION OF
HUBER HEIGHTS CITY
SCHOOLS, et al.,
Defendants.
Case No. 3:12cv00342
:
v.
:
District Judge Thomas M. Rose
Chief Magistrate Judge Sharon L. Ovington
:
:
:
ACKNOWLEDGEMENT AND PROTECTIVE ORDER
The undersigned hereby acknowledges that I have received and reviewed a copy of
the PROTECTIVE ORDER, which has been entered in this action. I further agree to be
bound by the terms of the PROTECTIVE ORDER to the same extent as if I was a party to
this action.
__________________________
[Print Name]
Date: ____________________, 2013
6
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