Doe v. Harlandale Independent School District

Western District of Texas, txwd-5:2018-cv-00889

PROTECTIVE ORDER. Signed by Chief Judge Orlando L. Garcia.

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FILED NOV 2 7 2018 CLERK. U.S. DISTRICTcOURT IN THE UNITED STATES DISTRICT COURT ERN DrSTR?EXAS FOR THE WESTERN DISTRICT OF TEXAS DEPUT\LERK SAN ANTONIO DIVISION JON HARLANDALE-GA DOE § Plain1ff § § VS. § CIVIL ACTION NO. SA-18cv889-OLG § HARLANDALE INDEPENDENT § SCHOOL DISTRICT § Deftndant § JURY DEMAND PROTECTIVE ORDER Pursuant to Federal Rule of Civil Procedure 29, Plaintiff and Defendant, through their counsel, have stipulated to the entry of the following protective order ("Order"): This Order will govern discovery and other case materials containing personally identifiable student information as defined by the Family Educational Privacy Act, 20 U.S.C. §1232g (hereinafter "FERPA"), including but not limited to video and audio recordings, documents, discovery responses, deposition testimony, witness lists, exhibits, expert reports, privilege logs, or other case materials produced or disclosed by one party ("Disclosing Party") to one or more other parties ("Receiving Party") or to the Court. 2. Such personally identifiable student information is hereby designated Highly Confidential as is reasonably necessary to (1) comply with any applicable state or federal privacy laws, including but not limited to the Family Educational Rights and Privacy Act, 20 U.S.C. §1232g; and (2) protect the privacy rights of a minor or minors, to the extent that such rights would be violated if the information were disclosed to another party or parties or to the public. 3. Information or material which is available to the public (such as student directory information as defined by FERPA or public records), is not designated as Highly Confidential, except as to the names of Jon Harlandale-GA Doe and his parents, which is also designated as Highly Confidential. Plaintiffs counsel will disclose to Defendant's counsel, within 72 hours of entry of this Order, the identities of Jon Doe and his parents. 4. Use solely for this case. Highly Confidential information shall be used solely for preparation for and the prosecution or defense of this litigation (including appeals and rehearings), and shall not be used for any other purposes, including but not limited to personal, business, non-profit, governmental, commercial, or administrative or judicial proceedings unrelated to this litigation. 5. Disclosure of Highly Confidential information. Highly Confidential information will be produced by the Disclosing Party to counsel of record for the Receiving Party. Counsel of record for the Receiving Party may disclose Highly Confidential information to only the following persons, who must comply with this Order's requirements for treatment of Highly Confidential information: a. Employees of the Receiving Party to whom it is necessary that the materials be shown in order to render professional services in the litigation. b. The Court and its officers. c. Actual or potential independent technical experts or consultants who have signed a document agreeing to be bound by the terms of this protective Order, in the form attached hereto as Exhibit A. Such signed agreement shall be maintained by the attorney of record for the party disclosing to such person. d. Any court reporters and persons operating video recording equipment at depositions in this case. e. Plaintiff and Defendant and such agents, representatives, officers or employees of these parties whose review of the material is necessary to the use of such material in these parties' prosecution or defense of this litigation. f. Persons noticed for depositions and/or persons designated as trial witnesses to the extent reasonably necessary in preparing to testify; or to persons who otherwise may reasonably be expected to be witnesses in this action and who have signed a document agreeing to be bound by the terms of this protective Order, in the form attached hereto as Exhibit A. Such 2 signed agreement shall be maintained by the attorney of record for the party disclosing to such person. 6. Supervision. Counsel of record for the Receiving Party must take reasonable steps to ensure that anyone with whom he or she shares Highly Confidential information complies with this Order. 7. Court Filings. Subject to the procedures set forth in this section, counsel of record may use Highly Confidential information in any pleading, affidavit, brief, motion, memorandum, exhibit or other paper filed in this case. a. No Highly Confidential information may be publicly filed, unless required by the Court to do so. A party desiring to file Highly Confidential information must file under seal the Highly Confidential information. b. If a filing with the Court contains both public information and information that is Highly Confidential, the party may publicly file a version in which the Highly Confidential information is redacted, and must file a version under seal that contains the Highly Confidential information in un- redacted form. 8. Confidential Information at Trial. Subject to the Federal Rules of Evidence, Highly Confidential information subject to this Order may be offered in evidence at trial or in an evidentiary hearing, provided that the proponent of the evidence gives one (1) days' notice prior to the scheduled trial or hearing date to counsel for the party or other person that designated the information or document as confidential. Any party may move the Court for an order that the evidence be received in camera or under other conditions to prevent unnecessary disclosure. 9. Destruction of Information Following Litigation: No later than sixty (60) days after the conclusion of this case, including any appeals or related judicial or administrative proceedings, the Receiving Party must return, to the Disclosing Party, or destroy any Highly Confidential information in the Receiving Party's possession except as otherwise ordered by the Court or to the extent that such information was used as evidence at trial. 10. The restrictions imposed by this Order on the use, dissemination, or 3 communication of Highly Confidential information continue to apply after the conclusion of the litigation, with the following exception: (a) there will be no restrictions on the use, dissemination, or communications of documents used as exhibits at trial unless such exhibits were filed under seal, and (b) a Receiving Party may seek the written permission of a Disclosing Party or Court order with respect to the dissolution or modification of this Order. 11. Modification of this Order. Plaintiff and Defendant Harlandale Independent School District may, by agreed stipulation, provide for exceptions to this Order in writing. 12. Responsibility of Attorneys. The attorneys of record are responsible for employing reasonable measures to control, consistent with this Order, duplication of, access to, and distribution of copies of Highly Confidential information. Receiving Party shall not duplicate any Highly Confidential information except to create working copies, for use in depositions and trial, and for filing with the Court after requesting leave to file under seal. 13. Inadvertent Disclosures. The inadvertent or unintentional disclosure of any Highly Confidential information by the Disclosing Party shall not be construed to be a waiver, in whole or in part, of that party's claim of confidentiality, either as to the specific confidential information disclosed or as to any other related information. 14. Effective Date and Retroactive Application. The provisions of this Order shall apply from the date this Order is entered by the Court to any and all documents produced in this case and to any and all information produced or disclosed, whether produced or disclosed before or after the date of this Order. Information produced before the date of this Order may be retroactively designated as Highly Confidential information and shall not be construed to be a waiver, in whole or in part, of that party's claims of confidentiality. 15. Nothing in this Order is meant to prohibit or affect in any way the use of the documents and information contained therein by Harlandale Independent School District and any of its employees, agents and representatives in connection with the provision of educational services to any student attending school in the 4 District, or to prevent the District from providing or disseminating the documents or the information contained therein to those persons or entities permitted to receive those materials pursuant to state or federal law. IT IS SO ORDERED on this the '1. day of JoJ, 2018. Orlando L. Garcia Chief United States District Judge