C.T., a minor by and through his Guardian Ad Litem PAMELA ROSS v. CLARK COUNTY SCHOOL DISTRICT, MELISSA OLSZEWSKI (fka Melissa Walker), SHAWN HALLAND, and DOES 1–50

Opinion

1 ANH PHOONG SALCEDO, NV Bar No. 16750 Anh@phoonglaw.com 2 PHOONG LAW 5980 S. Rainbow Blvd., #200 3 Las Vegas, NV 89118 Tel: (866) 468-1246 4 Fax: (888) 546-3834 5 ATTORNEYS FOR PLAINTIFF 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF NEVADA 8 C.T., a minor by and through his Case No. 2:25-cv-01988-MMD-BNW Guardian Ad Litem PAMELA ROSS, 9 STIPULATED 10 Plaintiff, CONFIDENTIALITY AGREEMENT AND 11 v. PROTECTIVE ORDER 12 CLARK COUNTY SCHOOL DISTRICT, District Judge Miranda M. Du 13 MELISSA OLSZEWSKI (fka Melissa Magistrate Judge Brenda Weksler Walker), SHAWN HALLAND, and 14 DOES 1–50, Date Filed: October 16, 2025 Trial Date: To be Assigned 15 Defendants. 16 17 Plaintiff C.T., by and through his Guardian ad Litem PAMELA ROSS 18 (“Plaintiff”) and Defendants Clark County School District (“CCSD”) and Shawn 19 Halland (“Halland”), hereinafter collectively the “Parties”, by and through their 20 respective undersigned counsel, hereby stipulate and agree as follows: 21 Pursuant to the Stipulation contained herein, by and among counsel for 22 Plaintiff C.T., by and through his Guardian Ad Litem PAMELA ROSS, and counsel 23 for Defendants CLARK COUNTRY SCHOOL DISTRICT (“CCSD”), and SHAWN 24 HALLAND (“Halland”), and Pro Se Defendant, Melissa Olszewski, the Court hereby 25 finds as follows: 26 PURPOSES AND LIMITATIONS 27 1. Disclosure and discovery activity in this action are likely to involve 1 protection from public disclosure and from use for any purpose other than prosecuting 2 this litigation may be warranted. Accordingly, the Parties hereby jointly stipulate to 3 and petition the court to enter the following Stipulated Confidentiality Agreement and 4 Protective Order (hereinafter “Order”). The parties acknowledge that this Order does 5 not confer blanket protections on all disclosures or responses to discovery, or any 6 categories of information not specifically addressed herein, and that the protection it 7 affords from public disclosure and use extends only to the limited information or items 8 that are entitled to CONFIDENTIAL treatment under the applicable legal principles, 9 and designated “CONFIDENTIAL” as described herein. The parties further 10 acknowledge, as set forth further below, that this Stipulated Confidentiality 11 Agreement and Protective Order does not entitle them to file CONFIDENTIAL 12 information under seal or otherwise change Federal or Local rules, procedures, and 13 standards to be applied when a party seeks permission from the court to file material 14 under seal. The “Litigation” shall mean the above-captioned case, C.T. v. Clark County 15 School District, et al., filed in the United States District Court, District of Nevada, Case 16 Number 2:25-cv-01988-MMD-BNW. 17 2. “Documents” or “Information” shall mean and include any documents 18 (whether in hard copy or electronic form), records, correspondence, analyses, assessments, 19 statements (financial or otherwise), responses to discovery, tangible articles or things, 20 whether documentary or oral, and other information provided, served, disclosed, filed, or 21 produced, whether voluntarily or through discovery or other means, in connection with 22 this Litigation. A draft or non-identical copy is a separate document within the meaning 23 of these terms. 24 3. “Party” (or “Parties”) shall mean one party (or all parties) in this Litigation, 25 and their in-house and outside counsel. “Producing Party” shall mean any person or entity 26 who provides, serves, discloses, files, or produces any Documents or Information. 27 “Receiving Party” shall mean any person or entity who receives any such Documents or 1 4. Personnel files of employees involved in an incident may contain 2 confidential information. As a result, the use of confidential information in personnel files 3 must be limited to protect the individuals’ fundamental right to privacy guaranteed by 4 the First, Third, Fourth, Fifth, and Ninth Amendments of the U.S. Constitution. See, El 5 Dorado Savings & Loan Assoc. v. Superior Court of Sacramento County, 190 Cal. App. 3d 6 342 (1987). Accordingly, the Parties agree that, in conjunction with discovery proceedings 7 in this Litigation, the Parties may designate any Document, thing, material, testimony, 8 or other Information derived therefrom, which they in good faith believe contains non- 9 public information that is entitled to confidential treatment under applicable legal 10 principles, as “CONFIDENTIAL” under the terms of this Confidentiality Agreement and 11 Protective Order (hereinafter “Order”), and that anything designated as such shall not be 12 provided or made available to third parties except as permitted by, and in accordance 13 with, the provisions of this Order. Confidential information includes information that 14 qualifies for confidential treatment under applicable legal principles, which may include 15 information contained in personnel files of CCSD employees and/or information that has 16 not been made public and contains trade secret, proprietary and/or sensitive business or 17 personal information. 18 5. The Parties acknowledge that discoverable information in this litigation 19 may contain student records protected by the Family Educational Rights and Privacy 20 Act (“FERPA”). The Parties have been meeting and conferring regarding a mechanism 21 for disclosure of such records wherein CCSD complies with FERPA’s notice provisions 22 (i.e., a Court Order and pre-disclosure notice to parents with opportunity to object) and 23 Plaintiff can access evidence relating to non-party students under this protective order. 24 To date the Parties have been unable to reach an agreement on such a mechanism and 25 Plaintiff anticipates filing a motion on the issue. 26 6. Each Party or Non-Party that designates information or items for 27 protection under this Order must take care to limit any such designation to specific 1 designations are prohibited. 2 7. CONFIDENTIAL Documents shall be so designated by marking or 3 stamping each page of the Document produced to or received from a Party with the 4 legend “CONFIDENTIAL.” The application of the legend must be made in a manner 5 so as not to render the documents illegible, illegible after photocopying, or incapable of 6 being subjected to Optical Scanning Recognition. If only a portion or portions of the 7 material on a page qualifies for protection, the Producing Party also must clearly 8 identify the protected portion(s) (e.g., by making appropriate markings in the 9 margins). 10 8. Testimony taken at a deposition may be designated as CONFIDENTIAL 11 within 45 days before the close of discovery or ten (10) business days of receipt of the 12 transcript in any form if the deposition takes place after the aforementioned 45-day 13 period. Arrangements shall be made with the court reporter taking and transcribing 14 such deposition to separately bind such portions of the transcript and deposition 15 exhibits containing Information designated as CONFIDENTIAL, and to label such 16 portions appropriately. CONFIDENTIAL Information shall be maintained in strict 17 confidence by the Parties who receive such information, shall be used solely for the 18 purposes of this Litigation, and shall not be disclosed to any person except: 19 a. The United States District Court, District of Nevada, or any other 20 court to which this matter may be transferred (the “Court”), so long as the party 21 seeking to file a confidential document under seal complies with the Ninth 22 Circuit’s directives in Kamakana v. City and County of Honolulu, 447 F.3d 1172 23 (9th Cir. 2006) and the Court’s electronic filing procedures set forth in Local Rule 24 10-5(b); 25 b. In the event of an appeal, the United States Court of Appeals (the 26 “Appellate Court”) and/or the United States Supreme Court (the “Supreme 27 Court”), so long as that document is filed under seal; 1 shareholders, co-directors, partners, employees, and associates who are 2 assisting in the Litigation (collectively hereafter referred to as “Outside 3 Counsel”); 4 d. A Party, or an officer, director, or employee of a Party or of a Party’s 5 affiliate, as long as any such person agrees to be bound by the terms and 6 conditions of this Agreement; 7 e. Subject to the terms of Paragraph 13 below, experts or consultants 8 and their staff, retained by the Parties and/or Outside Counsel in this Litigation 9 for the purposes of this Litigation; 10 f. Any person identified on the document itself as having created, 11 sent, received, or otherwise already viewed, the document; 12 g. Any person testifying at deposition in this matter; 13 h. The parent or legal guardian of any student that is the subject of 14 the document itself; 15 i. Any other person, only if the Receiving Party has given written 16 notice to the Producing Party of an intent to disclose specified CONFIDENTIAL 17 Information to said person, who shall be identified by name, address, phone 18 number, and relationship, if any, to the Receiving Party, and the Producing 19 Party has not provided a written objection to the disclosure within ten (10) 20 business days of delivery of the notification. In the event of an objection, no 21 disclosure shall be made pending the resolution of the objection. Before any 22 person may receive Documents or Information pursuant to this subparagraph, 23 he or she must comply with the requirements of Paragraph 11 below. 24 9. If a witness is providing, or is provided with, CONFIDENTIAL 25 Information during a deposition, counsel for the Producing Party may request that all 26 persons other than the witness and persons entitled by this Order to have access to the 27 CONFIDENTIAL Information leave the deposition room during that portion of the 1 comply with such a request will constitute sufficient justification for the witness to 2 refuse to answer the question, or for the Producing Party to demand that 3 CONFIDENTIAL Information not be provided to the witness, pending resolution of 4 the issue. 5 10. All designations of Information as CONFIDENTIAL by the Producing 6 Party must be made in good faith and must be based upon applicable legal principles. 7 11. A Party may object to the designation of particular Information as 8 CONFIDENTIAL by giving written notice to the Party designating the disputed 9 Information. Any Party or Non-Party may challenge a designation of confidentiality 10 at any time. Unless a prompt challenge to a Designating Party’s confidentiality 11 designation is necessary to avoid foreseeable, substantial unfairness, unnecessary 12 economic burdens, or a significant disruption or delay of the litigation, a Party does 13 not waive its right to challenge a confidentiality designation by electing not to mount 14 a challenge promptly after the original designation is disclosed. The written notice 15 objecting to the designation of particular Information as CONFIDENTIAL shall 16 identify the Information to which the objection is made and shall specify the basis for 17 the objection. If the Parties cannot resolve the objection within fifteen (15) business 18 days after the time the notice is received, it shall be the obligation of the Party 19 challenging the CONFIDENTIAL designation to file an appropriate motion requesting 20 that the Court determine whether the disputed Information should be subject to the 21 terms of this Protective Order. If such a motion is filed within fifteen (15) business 22 days after the date the Parties fail to resolve the objection, the disputed Information 23 shall be treated as CONFIDENTIAL under the terms of this Protective Order until the 24 Court rules on the motion. 25 12. While protected by this Order, any Information designated 26 CONFIDENTIAL shall be held in strict confidence by each person to whom it is 27 disclosed; shall be used solely for the purposes of this Litigation; and shall not be used 1 Documents and Information previously produced by the Parties may be designated 2 “Confidential” within thirty (30) days after the date of this Order. 3 13. With respect to outside experts or other persons pursuant to Paragraph 4 8, to become an authorized expert or other person entitled to access CONFIDENTIAL 5 Information, the expert or other person must be provided with a copy of this Order and 6 must sign a certification in the form attached as Exhibit A hereto acknowledging that 7 he/she has carefully and completely read, understands, and agrees to be bound by this 8 Order. The Party on whose behalf such a Certification is signed shall retain the 9 original Certification. 10 14. Notwithstanding any other provision herein, nothing shall prevent a 11 Party from revealing CONFIDENTIAL Information to a person who created or 12 previously received (as an addressee or by way of copy) such Information. 13 15. The inadvertent production of any Information without it being properly 14 marked or otherwise designated CONFIDENTIAL at the time of production shall not 15 be deemed to waive any claim of confidentiality with respect to such Information. If a 16 Producing Party, through inadvertence, produces any CONFIDENTIAL Information 17 without marking or designating it as such in accordance with the provisions of this 18 Order, the Producing Party may, promptly on discovery, furnish a substitute copy 19 properly marked along with written notice to all Parties (or written notice alone as to 20 non-documentary Information) that such Information is entitled to CONFIDENTIAL 21 treatment under applicable legal principles and should be treated as such in 22 accordance with the provisions of this Order. Each receiving person must treat such 23 Information as CONFIDENTIAL in accordance with the notice from the date such 24 notice is received. Disclosure of such CONFIDENTIAL Information prior to the receipt 25 of such notice shall not be deemed a violation of this Confidentiality Agreement. A 26 Receiving Party who has disclosed such CONFIDENTIAL Information prior to the 27 receipt of such notice shall take steps to cure such disclosure by requesting return of 1 16. A copy of this Order shall be shown to each attorney acting as counsel for 2 a Party and to each person to whom CONFIDENTIAL Information will be disclosed. 3 17. Nothing in this Order shall be construed as an admission or agreement 4 that any specific Information is or is not confidential, subject to discovery, relevant, or 5 admissible in evidence in any future proceeding. 6 18. Nothing in this Order abridges the right of any person to seek its 7 modification by the court in the future. 8 19. The Parties acknowledge that this Stipulated Confidentiality Agreement 9 and Protective Order does not entitle them to file CONFIDENTIAL Information under 10 seal. Any Party seeking to include CONFIDENTIAL Information in a motion or other 11 pleading or as an exhibit or attachment to a motion or other pleading shall seek to file 12 it under seal pursuant to the Federal Rules Governing Sealing and Redacting Court 13 Records or by other proper means. The Parties agree not to oppose such motions if the 14 document is properly marked as CONFIDENTIAL Information. If a motion or 15 pleading filed with the Court discloses CONFIDENTIAL Information, such designated 16 portions shall be redacted to the extent necessary to conceal such information in any 17 motion or pleading filed publicly with the Court, pending ruling by the Court on a 18 motion to file it under seal. Unredacted motions or pleadings containing 19 CONFIDENTIAL Information shall be filed under seal, if the Court agrees after proper 20 motion. When a Party, in good faith, determines that it is necessary to bring the 21 specific content of such CONFIDENTIAL Information to the attention of the Court in 22 the body of a motion or other pleading, then it shall file a motion seeking to disclose 23 the CONFIDENTIAL Information to the Court in camera or by such other means as 24 the Court may deem appropriate. Such motion may disclose the general nature, but 25 shall not disclosure the substance, of the CONFIDENTIAL Information at issue. 26 20. If a Party wishes to use CONFIDENTIAL Information at a public 27 proceeding, such as a hearing before the Court or at trial, it shall notify the Court and the 1 the Court may then take whatever steps it may deem necessary to preserve the 2 confidentiality of said information during the course of, and after, the public proceeding. 3 21. The Parties shall comply with the requirements of Local Rule 10-5(b), and 4 the Ninth Circuit’s decision in Kamakana v. City and County of Honolulu, 447 F.3d 5 1172, 1178 (9th Cir. 2006), with respect to any documents filed under seal in this 6 matter. 7 22. This Order shall not be construed to prevent any Party from making use of 8 or disclosing Information that was lawfully obtained by a Party independent of discovery 9 in this Litigation, whether or not such material is also obtained through discovery in this 10 Litigation, or from using or disclosing its own CONFIDENTIAL Information as it deems 11 appropriate. 12 23. If either Party becomes required by law, regulation, or order of a court or 13 governmental entity to disclose any CONFIDENTIAL Information that has been 14 produced to it under the terms of this Order, such Party will reasonably notify the other 15 Parties, in writing, so that the original Producing Party has an opportunity to prevent or 16 restrict such disclosure. The Party required to disclose any CONFIDENTIAL Information 17 shall use reasonable efforts to maintain the confidentiality of such CONFIDENTIAL 18 Information and shall cooperate with the Party that originally produced the Information 19 in its efforts to obtain a protective order or other protection limiting disclosure; however, 20 the Party required to disclose the Information shall not be required to seek a protective 21 order or other protection against disclosure in lieu of, or in the absence of, efforts by the 22 Producing Party to do so. 23 24. Upon termination of this Litigation, either by settlement or other action, 24 any Party and its counsel that obtained CONFIDENTIAL Information through 25 discovery shall, upon request, return all such CONFIDENTIAL Information to the 26 Producing Party or certify as to its destruction, except that Counsel may retain 27 CONFIDENTIAL Information solely for archival purposes. The restrictions of this 1 Documents. 2 25. The obligation to treat all Information designated as CONFIDENTIAL in 3 accordance with the terms of this Order and not to disclose such CONFIDENTIAL 4 Information shall survive any settlement or other termination of this Litigation. 5 26. The Parties may seek modification of this Order by the Court at any time, 6 by stipulation or for good cause. 7 IT IS SO STIPULATED. 8 DATED: 2/04/2026 PHOONG LAW CORPORATION 9 10 By: ____ / _ s _ / _ A __ n _ h _ _ P _ h _ o _ o _ n __ g _________________ ANH PHOONG, ESQ. 11 Counsel for Plaintiff C.T. by and 12 through his Guardian ad Litem PAMELA ROSS 13 14 DATED: 2/04/2026 GREENBERG TRAURIG, LLP 15 /s/ Kara Hendricks 16 By: MARK E. FERRARIO, ESQ. 17 KARA HENDRICKS ALIX R. GOLDSTEIN 18 Counsel for Defendants Clark County 19 School District and Shawn Halland 20 21 22 23 24 25 26 27 1 ORDER 2 In consideration of the stipulation by the parties, and with good cause 3 appearing, 4 IT IS SO ORDERED. 5 DATED this 5th___ day of February 2026, __

7 UNITED STATES MAGISTRATE JUDGE 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 11 STIPULATED CONFIDENTIALITY AGREEMENT AND PROTECTIVE ORDER

1 CERTIFICATE OF SERVICE 2 I hereby certify that on 2__/0_4_/_2_0_2_6____________, I caused the foregoing 3 document to be electronically filed with the Clerk of the Court using the 4 CM/ECF system, which will send notification of such filing to the CM/ECF 5 participants registered to receive such service. 6 /s/ P eni Mualaulau PENI MUALAULAU 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 1 EXHIBIT A 2 3 UNITED STATES DISTRICT COURT 4 DISTRICT OF NEVADA 5 C.T., a minor, by and through his Guardian ad CASE NO. 2:25-cv-01988-MMD- Litem, PAMELA ROSS, BNW 6 Plaintiffs, 7 CERTIFICATION REGARDING 8 v. STIPULATED CONFIDENTIALITY AGREEMENT AND PROTECTIVE 9 CLARK COUNTY SCHOOL DISTRICT; ORDER MELISSA OLSZEWSKI (fka Melissa 10 Walker), SHAWN HALLAND; and DOES 1- 50, 11 12 Defendants. 13 14 I have read the Stipulated Confidentiality Agreement & Protective Order in the 15 above-captioned case. I understand the terms of the Order, I agree to be fully bound by 16 the terms of the Order, and I hereby submit to the jurisdiction of the United States 17 District Court for the District of Nevada for purposes of enforcement of the Order. 18 Date: _____________________ Signature: __________________________ 19 Signatory’s Name, Business Affiliation, 20 and Business Address: 21 ___________________________________ 22 ___________________________________ 23 ___________________________________ 24 25 26 27