K.J., a minor by and through his natural parent and guardian, AIMEE PERRY v. Clark County School District, Adam Canfield, David Kennedy, LJ Lord Oroke, and Allen Frischmann

CourtDistrict Court, D. Nevada
DecidedOctober 28, 2025
Docket2:25-cv-01561
StatusUnknown

This text of K.J., a minor by and through his natural parent and guardian, AIMEE PERRY v. Clark County School District, Adam Canfield, David Kennedy, LJ Lord Oroke, and Allen Frischmann (K.J., a minor by and through his natural parent and guardian, AIMEE PERRY v. Clark County School District, Adam Canfield, David Kennedy, LJ Lord Oroke, and Allen Frischmann) 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
K.J., a minor by and through his natural parent and guardian, AIMEE PERRY v. Clark County School District, Adam Canfield, David Kennedy, LJ Lord Oroke, and Allen Frischmann, (D. Nev. 2025).

Opinion

1 MARK E. FERRARIO, ESQ. Nevada Bar No. 01625 2 KARA B. HENDRICKS, ESQ. Nevada Bar No. 07743 3 ALIX R. GOLDSTEIN, ESQ. Nevada Bar No. 16540 4 GREENBERG TRAURIG, LLP 10845 Griffith Peak Drive, Suite 600 5 Las Vegas, Nevada 89135 Telephone: (702) 792-3773 6 Facsimile: (702) 792-9002 7 Email: ferrariom@gtlaw.com hendricksk@gtlaw.com 8 alix.goldstein@gtlaw.com Counsel for Clark County School District, 9 Adam Canfield, David Kennedy, LJ Lord Oroke, 10 a nd Allen Frischmann 11 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEVADA 12 13 K.J., a minor by and through his natural parent CASE NO. 25-cv-01561-MMD-DJA and guardian, AIMEE PERRY, 14 STIPULATED CONFIDENTIALITY Plaintiff, AGREEMENT AND [PROPOSED] 15 PROTECTIVE ORDER v. 16 CLARK COUNTY SCHOOL DISTRICT, a 17 political subdivision of the State of Nevada; HEARLEY SMITH V. Individually and in his 18 official capacity; ADAM CANFIELD, in his official capacity; DAVID KENNEDY, 19 individually and in his office capacity; LJ Lord 20 OROKE, individually and in his official capacity; ALLEN FRISCHMANN, individually and in this 21 official capacity; DOE COACH ALEX, individually and in his office capacity, Employee 22 Doe, DOES 1 through XX, Inclusive. 23 Defendants. 24 25 / / / 26 / / / 27 / / / 28 / / / 1 Pursuant to the Stipulation contained herein, by and among counsel for Plaintiff K.J., by 2 and through his parent Aimee Perry (“Plaintiff”), and counsel of record for Defendants Clark 3 County School District (“CCSD”), Adam Canfield, David Kennedy, LJ Lord Oroke, and Allen 4 Frischmann (collectively, the “CCSD Defendants”), the Court hereby finds as follows: 5 PURPOSES AND LIMITATIONS 6 1. Disclosure and discovery activity in this action are likely to involve production of 7 confidential, proprietary, or private information for which special protection from public 8 disclosure and from use for any purpose other than prosecuting this litigation may be warranted. 9 Accordingly, the Parties hereby jointly stipulate to and petition the court to enter the following 10 Stipulated Confidentiality Agreement and Protective Order (hereinafter “Order”). The parties 11 acknowledge that this Order does not confer blanket protections on all disclosures or responses 12 to discovery, or any categories of information not specifically addressed herein, and that the 13 protection it affords from public disclosure and use extends only to the limited information or 14 items that are entitled to CONFIDENTIAL treatment under the applicable legal principles, and 15 designated “CONFIDENTIAL” as described herein. The “Litigation” shall mean the above- 16 captioned case, K.J. v. Clark County School District, et al., filed in the United States District 17 Court, District of Nevada, Case No. 25- cv-01561-MMD-DJA. 18 2. “Documents” or “Information” shall mean and include any documents (whether in 19 hard copy or electronic form), records, correspondence, analyses, assessments, statements (financial 20 or otherwise), responses to discovery, tangible articles or things, whether documentary or oral, and 21 other information provided, served, disclosed, filed, or produced, whether voluntarily or through 22 discovery or other means, in connection with this Litigation. A draft or non-identical copy is a 23 separate document within the meaning of these terms. 24 3. “Party” (or “Parties”) shall mean one party (or all parties) in this Litigation, and their 25 in-house and outside counsel. “Producing Party” shall mean any person or entity who provides, 26 serves, discloses, files, or produces any Documents or Information. “Receiving Party” shall mean any 27 person or entity who receives any such Documents or Information. 28 4. The privacy of students is protected under federal law whether they are parties to the 1 Litigation or not. As a school district that receives federal funding, CCSD is bound by the Family 2 Educational Rights and Privacy Act (“FERPA”) and is not at liberty to disclose personally identifying 3 information of its students without written consent or court order. The Parties acknowledge that 4 information that could be reasonably likely to lead to admissible evidence in this Litigation could 5 contain information that is protected by FERPA. In addition, personnel files of employees involved 6 in an incident are private in nature. As a result, their use must be limited to protect the individuals’ 7 fundamental right to privacy guaranteed by the First, Third, Fourth, Fifth, and Ninth Amendments of 8 the U.S. Constitution. See, El Dorado Savings & Loan Assoc. v. Superior Court of Sacramento 9 County, 190 Cal. App. 3d 342 (1987). Accordingly, the Parties agree that, in conjunction with 10 discovery proceedings in this Litigation, the Parties may designate any Document, thing, material, 11 testimony, or other Information derived therefrom, which is entitled to confidential treatment under 12 applicable legal principles, as “CONFIDENTIAL” under the terms of this Confidentiality Agreement 13 and Protective Order (hereinafter “Order”), by marking said document as “CONFIDENTIAL” on 14 each page of the document, and that anything designated as such shall not be provided or made 15 available to third parties except as permitted by, and in accordance with, the provisions of this Order. 16 Confidential information includes information that qualifies for confidential treatment under 17 applicable legal principles, which may include information contained in personnel files of CCSD 18 employees and/or information that has not been made public and contains trade secret, proprietary 19 and/or sensitive business or personal information, and/or any (personal) information about students 20 that is protected by FERPA. 21 5. In addition, if any Party requests documents or other evidence that are subject to 22 FERPA, the Parties acknowledge that either a motion be filed with the Court to compel the 23 production of the same or the following procedure be followed: 24 a. The Parties will submit a stipulation to the Court identifying the records to 25 be produced and requesting a Court Order approving the notice and disclosure of 26 information; 27 b. Upon receipt of the signed Court Order, CCSD will provide the Order 28 along with a joint letter notifying the affected parties of the right to object to the disclosure 1 of their student’s information. 2 c. Unless the affected party files an objection with the Court within ten (10) 3 days of receipt of notice of the Order, the producing party shall within five (5) days after 4 the expiration of the ten-day time period, produce the information. 5 d. If the affected party or their representative files an objection to disclosure, 6 any party may request that the Court review the objection to determine its validity and/or 7 review the objectionable material at issue in order to make a final determination as to 8 whether such information shall be disclosed. 9 e. The disclosure of FERPA protected information will be marked 10 confidential on each page of the document and produced pursuant to the Stipulated 11 Confidentiality Agreement and Protective Order. 12 6. Each Party or Non-Party that designates information or items for protection under 13 this Order must take care to limit any such designation to specific material that qualifies under 14 the appropriate standards. Indiscriminate or routinized designations are prohibited. 15 7. CONFIDENTIAL Documents shall be so designated by marking or stamping each 16 page of the Document produced to or received from a Party with the legend “CONFIDENTIAL.” 17 The application of the legend must be made in a manner so as not to render the documents 18 illegible, illegible after photocopying, or incapable of being subjected to Optical Scanning 19 Recognition.

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Related

El Dorado Savings & Loan Assn. v. Superior Court
190 Cal. App. 3d 342 (California Court of Appeal, 1987)

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Bluebook (online)
K.J., a minor by and through his natural parent and guardian, AIMEE PERRY v. Clark County School District, Adam Canfield, David Kennedy, LJ Lord Oroke, and Allen Frischmann, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kj-a-minor-by-and-through-his-natural-parent-and-guardian-aimee-perry-nvd-2025.