Free Motion for Order - District Court of California - California

Case 3:07-cv-02343-DMS-WMC

Document 13

Filed 04/07/2008

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TOSDAL, SMITH, STEINER & WAX 401 West A Street, Suite 320 San Diego, CA 92101-7911 Telephone: (619) 239-7200 Facsimile: (619) 239-6048

THOMAS TOSDAL, STATE BAR NO. 067834 ANGELA JAE, STATE BAR NO. 248571 TOSDAL, SMITH, STEINER & WAX 401 West A Street, Suite 320 San Diego, CA 92101-7911 Telephone: (619) 239-7200 Fax: (619) 239-6048 Attorneys for Plaintiff DEENA DEARDURFF SCHMIDT

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF CALIFORNIA ) ) Plaintiff, ) ) v. ) ) BOARD OF TRUSTEES OF THE ) CALIFORNIA STATE UNIVERSITY, ) SAN DIEGO STATE UNIVERSITY, ) JEFF SCHEMMEL, DOES 1-15, ) ) Defendants. ) _____________________________ ) DEENA DEARDURFF SCHMIDT, CASE NO. 07-CV-2343DMS(WMC) EX PARTE APPLICATION FOR ORDER COMPELLING DEFENDANTS TO PRODUCE UNREDACTED COPIES OF ALL DOCUMENTS CONTAINED IN INITIAL DISCLOSURES

Plaintiff DEENA DEARDURFF SCHMIDT applies to the Court ex parte for an order compelling Defendants BOARD OF TRUSTEES OF THE CALIFORNIA STATE UNIVERSITY, SAN DIEGO STATE UNIVERSITY, and JEFF SCHEMMEL to produce unredacted copies of all documents produced with their Federal Rules of Civil Procedure Rule 26(a) initial disclosures by April 16, 2008, before the early neutral evaluation settlement conference scheduled to be held on April 21, 2008. Good cause exists for this ex parte application: · Plaintiff has a right to obtain all documents that Defendants may use in support of their defenses pursuant to Fed. R. Civ. Proc. Rule 26(a)(1)(A)(ii).

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CASE NO. 07-CV-2343DMS(WMC)

Case 3:07-cv-02343-DMS-WMC

Document 13

Filed 04/07/2008

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TOSDAL, SMITH, STEINER & WAX 401 West A Street, Suite 320 San Diego, CA 92101-7911 Telephone: (619) 239-7200 Facsimile: (619) 239-6048

·

Certain documents

Defendants

produced

with

their

initial

disclosures have been redacted allegedly due to their Federal Educational Rights and Privacy Act ("FERPA") obligations which may require Defendants to first obtain parental/student

consent or a court order prior to disclosing "education records" or information derived from such records. · FERPA does not apply to the redacted documents because they are not "education records." · Even if FERPA applied, the author of the communications fall within FERPA's "directory information" exemption. · FERPA also includes a judicial order exception to their confidentiality requirements. · Plaintiff's counsel has met and conferred with counsel for Defendants and cannot obtain unredacted copies of the

documents in time for the settlement conference unless a court order is issued by this Court ex parte. · Plaintiff will be irreparably prejudiced if the ex parte motion is heard according to the regular noticed motion procedures because Plaintiff will not be able to properly prepare for her participation in the early neutral evaluation settlement conference scheduled for April 21, 2008, without the unredacted documents. Plaintiff respectfully requests this Court grant her

application for an order compelling Defendants to produce unredacted copies of all documents produced with their initial disclosures. //// ////

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CASE NO. 07-CV-2343DMS(WMC)

Case 3:07-cv-02343-DMS-WMC

Document 13

Filed 04/07/2008

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TOSDAL, SMITH, STEINER & WAX 401 West A Street, Suite 320 San Diego, CA 92101-7911 Telephone: (619) 239-7200 Facsimile: (619) 239-6048

This application is based upon the attached memorandum of points and authorities, declaration of counsel, and the files and records of this case. Dated: April 7, 2008 TOSDAL SMITH STEINER & WAX

s/Angela Jae ANGELA JAE [email protected] Attorneys for Plaintiff

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CASE NO. 07-CV-2343DMS(WMC)