EP. v. Tehachapi Unified School District

E.D. California

EP. v. Tehachapi Unified School District

DecidedMarch 17, 2025

Docket1:23-cv-01724

StatusUnknown

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

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EP. v. Tehachapi Unified School District, (E.D. Cal. 2025).

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8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10

11 E.P., a minor, by and through his guardian ad Case No. 1:23-cv-01724-CDB litem Michel Hernandez-Disla, 12 ORDER GRANTING PLAINTIFF’S Plaintiff, REQUEST TO SEAL DOCUMENT 13 v. (Doc. 62) 14 TEHACHAPI UNIFIED SCHOOL FIVE-DAY DEADLINE 15 DISTRICT, et al.,

16 Defendants. 17 18 Pending before the Court is the request of Plaintiff E.P. to seal documents (Doc. 62), filed 19 on February 6, 2025, and mailed to the undersigned’s chambers. Plaintiff represents that the 20 document to be sealed (Dr. B.J. Freeman’s report of an independent educational evaluation 21 (“IEE”) of Plaintiff) contains highly sensitive and confidential educational and medical 22 information concerning Plaintiff, a minor child that is protected from disclosure under the Family 23 Education and Privacy Rights Act (“FERPA”), 20 U.S.C. § 1232g and 34 C.F.R. §§ 99.30–.39, 24 the Individuals with Disabilities Education Act (“IDEA”), 20 U.S.C. § 1417(c) and 34 C.F.R. §§ 25 300.610-.627, and California Education Code §§ 49060 et seq. (Doc. 62 at 1-2). Plaintiff 26 therefore seeks to file the report under seal. (Id.). 27 The Court has considered the factors set forth in Oregonian Publ’g Co. v. U.S. Dist. Court for Dist. of Or., 920 F.2d 1462 (9th Cir. 1990). The Court finds that, for the reasons stated in 1 | Plaintiff's notice and request, sealing the document serves a compelling interest. The Court 2 | further finds that, in the absence of closure, the compelling interests identified by Plaintiff would 3 | be harmed. The Court further finds that there are no additional alternatives to sealing the 4 | document that would adequately protect the compelling interests identified by Plaintiff. 5 Conclusion and Order 6 Accordingly, pursuant to Local Rule 141 and based upon the representations contained in 7 | Plaintiff's notice and request, IT IS HEREBY ORDERED that the report of Dr. B.J. Freeman of 8 | the IEE of Plaintiff shall be SEALED until further order of this Court. 9 It is FURTHER ORDERED within five (5) days of issuance of this Order, Plaintiff shall 10 | submit a copy of this Order and the “Request to Seal Document” and document to be sealed by 11 | email to the Operations Section of the Clerk of the Court: ApprovedSealed @ caed.uscourts.gov. 12 IT IS SO ORDERED. 'S) Dated: _Mareh 17, 2025 | br 14 UNITED STATES MAGISTRATE JUDGE 15 16 17 18 19 20 21 22 23 24 25 26 27 28

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8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10

11 E.P., a minor, by and through his guardian ad Case No. 1:23-cv-01724-CDB litem Michel Hernandez-Disla, 12 ORDER GRANTING PLAINTIFF’S Plaintiff, REQUEST TO SEAL DOCUMENT 13 v. (Doc. 62) 14 TEHACHAPI UNIFIED SCHOOL FIVE-DAY DEADLINE 15 DISTRICT, et al.,

16 Defendants. 17 18 Pending before the Court is the request of Plaintiff E.P. to seal documents (Doc. 62), filed 19 on February 6, 2025, and mailed to the undersigned’s chambers. Plaintiff represents that the 20 document to be sealed (Dr. B.J. Freeman’s report of an independent educational evaluation 21 (“IEE”) of Plaintiff) contains highly sensitive and confidential educational and medical 22 information concerning Plaintiff, a minor child that is protected from disclosure under the Family 23 Education and Privacy Rights Act (“FERPA”), 20 U.S.C. § 1232g and 34 C.F.R. §§ 99.30–.39, 24 the Individuals with Disabilities Education Act (“IDEA”), 20 U.S.C. § 1417(c) and 34 C.F.R. §§ 25 300.610-.627, and California Education Code §§ 49060 et seq. (Doc. 62 at 1-2). Plaintiff 26 therefore seeks to file the report under seal. (Id.). 27 The Court has considered the factors set forth in Oregonian Publ’g Co. v. U.S. Dist. Court for Dist. of Or., 920 F.2d 1462 (9th Cir. 1990). The Court finds that, for the reasons stated in 1 | Plaintiff's notice and request, sealing the document serves a compelling interest. The Court 2 | further finds that, in the absence of closure, the compelling interests identified by Plaintiff would 3 | be harmed. The Court further finds that there are no additional alternatives to sealing the 4 | document that would adequately protect the compelling interests identified by Plaintiff. 5 Conclusion and Order 6 Accordingly, pursuant to Local Rule 141 and based upon the representations contained in 7 | Plaintiff's notice and request, IT IS HEREBY ORDERED that the report of Dr. B.J. Freeman of 8 | the IEE of Plaintiff shall be SEALED until further order of this Court. 9 It is FURTHER ORDERED within five (5) days of issuance of this Order, Plaintiff shall 10 | submit a copy of this Order and the “Request to Seal Document” and document to be sealed by 11 | email to the Operations Section of the Clerk of the Court: ApprovedSealed @ caed.uscourts.gov. 12 IT IS SO ORDERED. 'S) Dated: _Mareh 17, 2025 | br 14 UNITED STATES MAGISTRATE JUDGE 15 16 17 18 19 20 21 22 23 24 25 26 27 28

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EP. v. Tehachapi Unified School District, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ep-v-tehachapi-unified-school-district-caed-2025.

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