Gillard v. Boulder Valley School District Re-2

196 F.R.D. 382, 2000 WL 34024110
CourtDistrict Court, D. Colorado
DecidedSeptember 5, 2000
DocketNo. CIV.A. 00-B-21
StatusPublished
Cited by16 cases

This text of 196 F.R.D. 382 (Gillard v. Boulder Valley School District Re-2) is published on Counsel Stack Legal Research, covering District Court, D. Colorado primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Gillard v. Boulder Valley School District Re-2, 196 F.R.D. 382, 2000 WL 34024110 (D. Colo. 2000).

Opinion

ORDER

BOLAND, United States Magistrate Judge.

This matter is before me on the defendants’ Motion for Expedited Entry of Protective Order (the “Motion for Protective Order”), filed June 28, 2000. The plaintiff opposes the Motion for Protective Order. Because the defendants have demonstrated good cause for the entry of a protective order and because entry of a protective order will facilitate orderly and efficient discovery without any adverse effect on the rights of any party, person, or entity, the Motion for Protective Order is GRANTED.

I.

This case is brought on behalf of a minor child (“Gillard”) by his mother as next friend. The First Amended Complaint alleges that in 1997 Gillard was an eleven year old special education student at Burbank Middle School, a part of the Boulder Valley School District RE-2. On December 19, 1997, Gillard was left unsupervised in a classroom with Justin King, a fourteen year old fellow student whom the plaintiff alleges was “a convicted juvenile sex offender with a history of violence and predatory sexual assault against children.” First Amended Complaint, If 13.

The plaintiffs claims arise from the following alleged events:

15. [Gillard and King] were left unsupervised in a darkened schoolroom by their teacher ... who, without first securing the permission of the children’s parents, had arranged for them to view the recently released pulp video, Anaconda, a graphic sexual and violent film in which almost all of the characters face gruesome tortured deaths by the constrictive force of a giant phallic anaconda.
16. Inside the schoolroom, ... King sexually assaulted ... Gillard.
17. Upon her return to the room, [the teacher] noticed something was wrong and confronted ... King.
18. [The teacher] was aware of the assault but sent both children home for the winter break.
19. She did not ensure that the children were separated or supervised and took no steps to protect Gillard even with her knowledge that sexual assault had taken place.
20. At this time, before they departed school property and during school hours, ... King again sexually assaulted ... Gillard.
* * * sk sk 5k
25. Three weeks passed after the assault before [Gillard’s mother was told] that she should consult with the police concerning an incident involving her son; no one else had informed [Gil-[385]*385lard’s mother] of anything concerning [Gillard] relating to the incident.

First Amended Complaint, Hit15-20 and 25.

II.

Shortly after a Scheduling Order was entered, the defendants filed their Motion for Protective Order. In support of their motion, the defendants argue that discovery will involve the disclosure of, among other things: (1) personnel records of current and former school district employees; (2) student records; and (3) juvenile arrest and delinquency records. All of this information normally is entitled to some degree of confidentiality. Motion for Protective Order, at H1.

The plaintiff opposes the entry of a protective order in the form proposed by the defendants, describing it as “sweeping and general.” Plaintiffs Response at p. 1. The plaintiff also argues that: (1) the defendants have not met their burden to show good cause for the entry of a protective order, id.; (2) the form of protective order proposed by the defendants would allow the parties, rather than the Court, to determine in the first instance what is confidential, id. at p. 2; and (3) the requested protective order interferes with the plaintiffs “right to influence policy changes and encourage public debate about appropriate treatment of children in public schools.” Id. at pp. 2-3. In support of this final objection, the plaintiff argues:

Defendants should not be permitted to prohibit all discussions about their actions simply because it may annoy or embarrass them. Under the circumstances, embarrassment to the Defendants is appropriate. The actions of the Defendants while engaged in their duties as public employees are not private. The public’s attention to the issues giving rise to the present case existed long before the filing of this lawsuit. The public, particularly the parents of the students of the Boulder Valley School district, has a right to be informed about the actions of public employees.

Id. at p. 3.

III.

Rule 26(b)(1), Fed.R.Civ.P., allows broad discovery, not only of “any matter, not privileged, which is relevant to the subject matter involved in the pending action,” but also of matters that appear “reasonably calculated to lead to the discovery of admissible evidence.” As the Supreme Court noted in Seattle Times Co. v. Rhinehart, 467 U.S. 20, 30, 104 S.Ct. 2199, 81 L.Ed.2d 17 (1984):

The [discovery] Rules do not differentiate between information that is private or intimate and that to which no privacy interests attach. Under the Rules, the only express limitations are that the information sought is not privileged, and is relevant to the subject matter of the pending action.

In the face of the broad scope of permissible discovery, Fed.R.Civ.P. 26(c) provides a mechanism, available in appropriate cases, to limit the discovery or dissemination of certain information. Upon a showing of good cause and as justice may require “to protect a party or person from annoyance, embarrassment, oppression, or undue burden or expense,” a court may, among other things, enter a protective order providing that discovery “not be had” or “be had only on specified terms and conditions____” Fed. R.Civ.P. 26(c)(1) and (2).

There are at least three kinds of protective orders which courts have utilized to limit the discovery or dissemination of confidential or private information — (1) particular protective orders; (2) blanket protective orders; and (3) umbrella protective orders. See Bayer AG and Miles, Inc. v. Barr Laboratories, Inc., 162 F.R.D. 456, 465 (S.D.N.Y. 1995).

Particular Protective Orders: The narrowest kind of protective order is one that covers specific, identified information. A particular protective order is usually sought by a party prior to disclosing the information for which protection is sought. It requires that a court review specific, identified information to determine whether good cause exists to enter an order providing protection for that specific information. In cases with more than a few sensitive documents, the use of particular protective orders can prove inefficient and burdensome because it requires a court to review and make [386]*386a determination about each piece of information for which protection is sought before that information is disclosed to the other side. Standard Chlorine of Delaware, Inc. v. Sinibaldi 821 F.Supp. 282, 256 (D.Del.1992).

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Cite This Page — Counsel Stack

Bluebook (online)
196 F.R.D. 382, 2000 WL 34024110, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gillard-v-boulder-valley-school-district-re-2-cod-2000.