United States District Court, D. New Mexico
KRISTY LOPEZ, as parent and best friend, and on behalf of her minor child, J.L., Plaintiff,
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
R. SWEAZEA, UNITED STATES MAGISTRATE JUDGE.
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.
COURT HEREBY ORDERS:
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
Otherwise confidential and privileged records documenting
J.L.'s medical, psychological, and educational condition
and care may be potentially subjects for discovery in this
the discovery of this case, confidential information relating
to non-parties may become relevant or otherwise discoverable.
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.
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.
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
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
parties shall utilize the following procedure to identify
documents and/or information as Confidential Information and
protect Confidential Information from disclosure to any third
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