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Hurd v. Clark County School District, 2:16-cv-02011-GMN-PAL. (2018)

Court: District Court, D. Nevada Number: infdco20180709c01 Visitors: 24
Filed: Jul. 06, 2018
Latest Update: Jul. 06, 2018
Summary: STIPULATION AND ORDER THAT EXHIBITS 3-4 ATTACHED TO THE DECLARATION OF PETER ALFERT IN PLAINTIFFS' REPLY BRIEF (ECF NOS. 125-4 & 125-5 BE PROVISIONALLY SEALED PENDING RESOLUTION OF DEFENDANTS' MOTION TO DETERMINE WHETHER THE DOCUMENTS SHOULD BE SUBJECT TO THE TERMS OF THE CONFIDENTIALITY AGREEMENT PEGGY A. LEEN , Magistrate Judge . Plaintiffs, by and through their undersigned counsel of record, and Defendant, Clark County School District ("CCSD") (collectively, the "Parties"), by and throug
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STIPULATION AND ORDER THAT EXHIBITS 3-4 ATTACHED TO THE DECLARATION OF PETER ALFERT IN PLAINTIFFS' REPLY BRIEF (ECF NOS. 125-4 & 125-5 BE PROVISIONALLY SEALED PENDING RESOLUTION OF DEFENDANTS' MOTION TO DETERMINE WHETHER THE DOCUMENTS SHOULD BE SUBJECT TO THE TERMS OF THE CONFIDENTIALITY AGREEMENT

Plaintiffs, by and through their undersigned counsel of record, and Defendant, Clark County School District ("CCSD") (collectively, the "Parties"), by and through its undersigned counsel of record, hereby stipulate and agree as follows:

WHEREAS on June 1, 2018, Plaintiffs filed their Reply Brief in Support of Motion to Compel Deposition of Defendant Clark County School District 30(b)(6) Re Plaintiffs' Category No. 53 ("Reply") [ECF No. 125];

WHEREAS attached to the Reply was the Declaration of Peter Alfert ("Declaration"), which attached documents that CCSD marked as "confidential," including a summary of alleged incidents, investigations, and actions (attached to the Declaration as Exhibit 3) [ECF No. 125-4] and incident logs from CCSD's EMR department (attached to the Declaration as Exhibit 4) [ECF No. 125-5]; WHEREAS on June 13, 2018 the Court served the following minute order: "The Court will require the parties to confer and require Plaintiffs' Counsel to provide a redacted version of the Affidavit at issue that omits any information that would otherwise be protected by the Federal Employment Education Act, with the unredacted version to be filed under seal. The Court directs the parties to draft and file a Proposed Stipulation and Order" [ECF No. 126];

WHEREAS the Parties have conferred and agree the documents in question are not protected by the Federal Employment Education Act as such an act does not exist;

WHEREAS CCSD believes there are additional grounds for the documents to be designated confidential in their entirety and Plaintiffs disagree with the same;

WHEREAS on or before July 11, 2018, CCSD will file a motion pursuant to the Stipulated Confidentiality Agreement and Protective Order ("Confidentiality Agreement") [ECF No. 35], requesting the Court to determine if the information should be subject to the terms of the Confidentiality Agreement;

THEREFORE, the Parties respectfully request that the Court provisionally seal ECF No. 125-4 and ECF No. 125-5 until the process set forth in the Confidentiality Agreement to resolve a dispute regarding confidential documents runs its course.

IT IS SO ORDERED.

Source:  Leagle

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