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John Doe v. Freeburg Community Consolidated School District

October 21, 2011

JOHN DOE, PLAINTIFF,
v.
FREEBURG COMMUNITY CONSOLIDATED SCHOOL DISTRICT, ET AL., DEFENDANTS.



The opinion of the court was delivered by: Donald G. Wilkerson United States Magistrate Judge

ORDER

Pursuant to the Court's Order dated September 22, 2011, Defendants Freeburg Community Consolidated School District No. 70, Clarence Haege and Lawrence Meggs submitted the Second Supplemental Privilege Log Related to Verbatim Closed Session School Board Minutes to the Court on October 3, 2011. The Court reviewed the documents in camera and hereby ORDERS the following:

NATURE OF THE BATES NO. PRIVILEGE RULING RECORD ASSERTED BY DEFENDANTS

School Board Closed FSD 2640-2651 No objections The documents shall Session Minutes -- June be produced. 28, 2004 (Parts One and Two)

School Board Closed FSD 2652-2706 Health Insurance Objections are Session Minutes -- June Portability and overruled pursuant to 28, 2004 Accountability Act of the Court's August 1996, Pub. L. No. 1, 2011 Order. The 104-191, Subject to documents shall be prior order of Court produced once a which denied HIPAA Qualified privilege: FSD 2690, Protective Order has 2694, 2695 and 2696. been entered.

School Board Closed FSD 2707-2717 Health Insurance Objections are Session Minutes -- July Portability and overruled pursuant to 26, 2004 Accountability Act of the Court's August 1996, Pub. L. No. 1, 2011 Order. The 104-191, Subject to documents shall be prior order of Court produced once a which denied HIPAA Qualified privilege: FSD 2709- Protective Order has 2711, 2713. been entered.

Family Education Rights & Privacy Act, 20 U.S.C. §1232(g) and Illinois Student Records Act, 105 ILCS 10/2, Subject to prior order of Court which denied privilege: Reference to student expulsion identifying student by student number. FSD 2712.

School Board Closed FSD 2718-2754 Family Education Objections are Session Minutes -- August Rights & Privacy overruled pursuant to 23, 2004 Act, 20 U.S.C. the Court's August §1232(g) and Illinois 1, 2011 Order. The Student Records Act, documents shall be 105 ILCS 10/2. produced. Identifies parent name and discusses grade level. FSD 2739 School Board Closed FSD 2425-2458 Attorney-Client FSD 2428- FSD Session Minutes -- Privilege: FSD 2429 are not October 25, 2004 2428-2429; FSD protected by the 2439-2441; FSD Attorney-Client 2447-2450; and FSD privilege and shall 2453. (See reference be produced; to attorney name, Shane, at FSD 2438, FSD 2439, lines 1 to line 20; FSD 2450, 20, up to word 9, are line 5; and FSD not protected by the 2453. Attorney-Client privilege and shall be produced; FSD 2439, line 20, word 10 to line 23, School Board Closed FSD 2425-2458 word 5 are protected Session Minutes -- by the Attorney-October 25, 2004 Client privilege and (cont'd) shall not be produced;

FSD 2439, line 23, words 6 - 8 to FSD 2440, line 17, word 9 are not protected by the Attorney-Client privilege and shall be produced;

FSD 2440, line 17, word 10 to FSD 2441, line 5, word 3 are protected by the Attorney-Client privilege and shall not be produced;

FSD 2441, line 5, words 4 - 10 to line 24 are not protected by the Attorney-Client privilege and shall be produced;

FSD 2447- FSD 2448, line 16 are not protected by the Attorney-Client privilege and shall be produced;

FSD 2448, line 17 to FSD 2450, line 6 are protected by the Attorney-Client privilege ...


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