Anderson v. Clark County School District

CourtDistrict Court, D. Nevada
DecidedJanuary 9, 2025
Docket2:24-cv-01514
StatusUnknown

This text of Anderson v. Clark County School District (Anderson v. Clark County School District) is published on Counsel Stack Legal Research, covering District Court, D. Nevada primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Anderson v. Clark County School District, (D. Nev. 2025).

Opinion

1 MARK E. FERRARIO Nevada Bar No. 01625 2 KARA B. HENDRICKS Nevada Bar No. 07743 3 WHITNEY L. WELCH-KIRMSE 4 Nevada Bar No. 12129 ALIX R. GOLDSTEIN 5 Nevada Bar No. 16540 GREENBERG TRAURIG, LLP 6 10845 Griffith Peak Drive, Suite 600 Las Vegas, Nevada 89135 7 Telephone: (702) 792-3773 8 Facsimile: (702) 792-9002 Email: ferrariom@gtlaw.com 9 hendricksk@gtlaw.com whitney.welchkirmse@gtlaw.com 10 alix.goldstein@gtlaw.com 11 C ounsel for Defendant 12 13 IN THE UNITED STATES DISTRICT COURT 14 FOR THE DISTRI CT OF NEVADA 15 JEREMY ANDERSON, as guardian of the CASE NO. 2:24-cv-01514 person and estate of WILLIAM ANDERSON, 16 JEREMY ANDERSON (individually and as the father of William Anderson), and JULIANA STIPULATED CONFIDENTIALITY 17 ANDERSON (individually and as the mother of AGREEMENT AND [PROPOSED] 18 William Anderson) PROTECTIVE ORDER 19 Plaintiffs, 20 v. 21 CLARK COUNTY SCHOOL DISTRICT, 22 Defendant. 23 24 . . . 25 . . . 26 . . . 27 . . . 28 1 Pursuant to the Stipulation contained herein, by and among counsel for Plaintiffs 2 WILLIAM ANDERSON (by and through his guardian JEREMY ANDERSON), JULIANA 3 ANDERSON and JEREMY ANDERSON, individually (“Plaintiffs”), and counsel of record for 4 Defendant CLARK COUNTY SCHOOL DISTRICT (“CCSD” together with Plaintiffs, 5 collectively, the “Parties” and individually, a “Party”), the Court hereby finds as follows: 6 1. The Parties acknowledge that this Order does not confer blanket protections on all 7 disclosures or responses to discovery, or any categories of information not specifically addressed 8 herein, and that the protection it affords from public disclosure and use extends only to the limited 9 information or items that are entitled to CONFIDENTIAL treatment under the applicable legal 10 principles, and designated “CONFIDENTIAL” as described herein. The parties further 11 acknowledge, as set forth further below, that this Stipulated Confidentiality Agreement and 12 Protective Order does not entitle them to file CONFIDENTIAL information under seal or 13 otherwise change Federal or Local rules, procedures, and standards to be applied when a party 14 seeks permission from the court to file material under seal. The Party who designates a particular 15 document “CONFIDENTIAL” is required to meet the legal standards authorizing sealing by 16 submitting a memorandum of points and authorities to the Court making a particularized showing 17 why the document should be sealed. Filing of provisionally sealed documents must also comply 18 with Local Rule IA 10-5 as further set forth in Section 22. 19 2. In addition to the procedures set forth in Section 17 herein, if a Party receives the 20 unauthorized or inadvertent disclosure of documents constituting attorney work product, attorney 21 client privilege or other confidential materials from the other Party, it must immediately notify 22 the sender, promptly return or destroy such documents to prevent further disclosure, may not rely 23 on such information in the Litigation, and the unauthorized or inadvertent disclosure shall not 24 constitute waiver of any such privilege. 25 . . . 26 . . . 27 . . . 28 . . . 1 3. The “Litigation” shall mean the above-captioned case, Anderson et al. v. Clark 2 County School District, filed in the United States District Court, District of Nevada, Case 3 Number 2:24-cv-01514. 4 4. “Documents” or “Information” shall mean and include any documents (whether 5 in hard copy or electronic form), records, correspondence, analyses, assessments, statements 6 (financial or otherwise), responses to discovery, tangible articles or things, whether documentary 7 or oral, and other information provided, served, disclosed, filed, or produced, whether voluntarily 8 or through discovery or other means, in connection with this Litigation. A draft or non-identical 9 copy is a separate document within the meaning of these terms. 10 5. “Party” (or “Parties”) shall mean one party (or all parties) in this Litigation, and 11 their in-house and outside counsel. “Producing Party” shall mean any person or entity who 12 provides, serves, discloses, files, or produces any Documents or Information. “Receiving Party” 13 shall mean any person or entity who receives any such Documents or Information. 14 6. The privacy of students is protected under federal law whether they are parties to 15 the Litigation or not. As a school district that receives federal funding, CCSD is bound by the 16 Family Educational Rights and Privacy Act (“FERPA”) and is not at liberty to disclose personally 17 identifying information of its students without written consent or court order. The Parties 18 acknowledge that information that could be reasonably likely to lead to admissible evidence in 19 this Litigation could contain information that is protected by FERPA. In addition, personnel files 20 of employees involved in an incident are private in nature. As a result, their use must be limited 21 to protect the individuals’ fundamental right to privacy guaranteed by the First, Third, Fourth, 22 Fifth, and Ninth Amendments of the U.S. Constitution. See El Dorado Savings & Loan Assoc. 23 v. Superior Court of Sacramento County, 190 Cal. App. 3d 342 (1987). Accordingly, the Parties 24 agree that, in conjunction with discovery proceedings in this Litigation, the Parties may designate 25 any Document, thing, material, testimony, or other Information derived therefrom, which is 26 entitled to confidential treatment under applicable legal principles, as “CONFIDENTIAL” under 27 the terms of this Order, and that anything designated as such shall not be provided or made 28 available to third parties except as permitted by, and in accordance with, the provisions of this 1 Order. Confidential information includes information that qualifies for confidential treatment 2 under applicable legal principles, which may include information contained in personnel files of 3 CCSD employees and/or information that has not been made public and contains trade secret, 4 proprietary and/or sensitive business or personal information, and/or any (personal) information 5 about students that is protected by FERPA. 6 7. In addition, if any party requests documents or other evidence that are subject to 7 FERPA, the Parties acknowledge that a Court Order requiring such a disclosure must first be 8 obtained. If such a court order is granted, and disclosure of FERPA protected information is 9 required, the Parties acknowledge FERPA protected information will be marked confidential 10 pursuant to the Stipulated Confidentiality Agreement and Protective Order. 11 8. CONFIDENTIAL Documents shall be so designated by marking or stamping each 12 page of the Document produced to or received from a Party with the legend “CONFIDENTIAL.” 13 9. Testimony taken at a deposition may be designated as CONFIDENTIAL by any 14 Party making a statement to that effect on the record at the deposition or within ten (10) business 15 days of receipt of the transcript. Arrangements shall be made with the court reporter taking and 16 transcribing such deposition to separately bind such portions of the transcript and deposition 17 exhibits containing Information designated as CONFIDENTIAL, and to label such portions 18 appropriately. Counsel for the Parties may also designate an entire deposition transcript as 19 CONFIDENTIAL at the time of the deposition or within ten (10) business days of receipt of the 20 transcript. 21 10. CONFIDENTIAL Information shall be maintained in strict confidence by the 22 Parties who receive such information, shall be used solely for the purposes of this Litigation, and 23 shall not be disclosed to any person except: 24 a.

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El Dorado Savings & Loan Assn. v. Superior Court
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Cite This Page — Counsel Stack

Bluebook (online)
Anderson v. Clark County School District, Counsel Stack Legal Research, https://law.counselstack.com/opinion/anderson-v-clark-county-school-district-nvd-2025.