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Lopez v. Hobbs Municipal School District

United States District Court, D. New Mexico

January 30, 2019

KRISTY LOPEZ, as parent and best friend, and on behalf of her minor child, J.L., Plaintiff,
v.
HOBBS MUNICIPAL SCHOOL DISTRICT, a political subdivision of the State of New Mexico; TJ PARKS, in his official capacity as Superintendent of the Hobbs Municipal School District; JOSE MARES, in his official capacity as the Hobbs High School Boys Varsity Head Soccer Coach; GREG HASTON, in his official capacity as Athletic Director of Hobbs High School; BRENDA WILSON, in her official capacity as Athletic Director of Hobbs High School; ZEKE KANEY, in his official capacity as Assistant Principal of Hobbs High School; JOHN DOES I-X; JANE DOES IX; and BLACK and WHITE ENTITIES IX, Defendants.

          STIPULATED CONFIDENTIALITY ORDER

          KEVIN R. SWEAZEA, UNITED STATES MAGISTRATE JUDGE.

         THIS MATTER having come before the Court on the parties' agreement that the confidentiality of information and certain documents, including paper and electronic documents, should be maintained in this action (“the Lawsuit”). The Court finds that good cause exists for entering this Order.

         THE COURT HEREBY ORDERS:

         1. Defendants who are part of this agreement are subject to several state and federal laws, regulations and policies regarding the confidentiality of records and files in its possession and under its control, including employment records, educational records of J.L., and records relating \to other students who may be witnesses in this matter. Counsel for all parties may have interests in these records and files.

         2. Otherwise confidential and privileged records documenting J.L.'s medical, psychological, and educational condition and care may be potentially subjects for discovery in this case.

         3. In the discovery of this case, confidential information relating to non-parties may become relevant or otherwise discoverable.

         4. The parties to this agreement seek to preserve and maintain confidentiality of all sensitive, privileged or protected information while enabling discovery and pursuit of all proper claims and defenses.

         5. The parties to this agreement intend to protect privacy and confidentiality of such materials to the extent permitted under the law, but to also recognize that all potential issues of confidentiality and privilege cannot be anticipated or completely foreseen at the initiation of litigation and an order guiding the parties is appropriate to enable discovery without violating or infringing on any party or non-party's interest in confidentiality.

         6. The following documents and information contained in said documents (hereinafter “Confidential Information”), which may be produced as described below, shall be kept confidential and shall be utilized by the Parties for purposes solely related to the Lawsuit (including but not limited to discovery, depositions, motions practice, mediation, or trial), as stated below:

a. All medical and psychological records; and
b. All documents containing Protected Health Information (“PHI”), as defined in the Health Insurance Portability and Accountability Act ("HIPAA") privacy rule, PL 104-191, 45 CFR Parts 160 and 64 and the HITECH Act.

         7. If any party produces information relating to students or former students of Hobbs Municipal School District, any and all student identifying and other information protected by the Family Educational Rights and Private Act of 1974, 20 U.S.C. § 1232g (“FERPA”) is also deemed confidential information subject to the terms of this Confidentiality Order.

         8. The parties shall utilize the following procedure to identify documents and/or information as Confidential Information and protect Confidential Information from disclosure to any third party:

a. Any party disclosing information or materials may, at any time prior or subsequent to disclosure, identify and mark material as “CONFIDENTIAL, ” provided a good faith basis exists for deeming the material confidential and that this designation is expressly made by notation on the material itself or in a letter accompanying the disclosure of the material. Any materials used during a deposition which a party ...

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