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John Doe v. Freeburg Community Consolidated School District

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS


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 and shall not be produced;

FSD 2450, lines 7 to 24 are not protected by the Attorney-Client privilege and shall be produced;

School Board Closed FSD 2425-2458 FSD 2453, lines 1-12 Session Minutes -- are not protected by October 25, 2004 the Attorney-Client (cont'd) privilege and shall be produced;

FSD 2453, lines 13-20 are protected by the Attorney-Client privilege and shall not be produced; and

FSD 2453 lines 21-24 are not protected by the Attorney-Client privilege and shall be produced.

School Board Closed FSD 2459-2479 Attorney-Client FSD 2461, lines 1-7, Session Minutes -- Privilege: FSD2461- to word 4 are not November 22, 2004 2462; FSD 2465- protected by the

2466. (See reference Attorney-Client to attorney name, privilege and shall Shane, at FSD 2466, be produced; line 17).

FSD 2461, line 7, word 8 to line 18, word 5 are protected by the Attorney-Client privilege and shall not be produced;

FSD 2461, line 18, word 6 to FSD 2462 are not protected by the Attorney-Client privilege and shall be produced;

FSD 2465, lines 1-11 are not protected by the Attorney-Client privilege and shall be produced;

FSD 2465, lines 12 -- 20 are protected by the Attorney-Client

School Board Closed FSD 2459-2479 privilege and shall Session Minutes -- not be produced; and November 22, 2004 (cont'd) FSD 2465, line 21 --

FSD 2466 are not protected by the Attorney-Client privilege and shall be produced.

School Board Closed FSD 2480-2532 No objections The documents shall Session Minutes -- be produced February 28, 2005

School Board Closed FSD 2532-2556 Attorney-Client FSD 2539, lines 1-22 Session Minutes -- March Privilege: FSD are not protected by 21, 2005 2539-2540 the Attorney-Client privilege and shall be produced;

FSD 2539, line 23 -- FSD 2540, line 2 are protected by the Attorney-Client privilege and shall not be produced; and

FSD 2540, lines 3 -24 are not protected by the Attorney-Client privilege and shall be produced.

School Board Closed FSD 2557-2587 Attorney-Client FSD 2558, lines 1-4 Session Minutes -- April Privilege: FSD are not protected by 25, 2005 2558-2583 (Attorney, the Attorney-Client

Shane, is reference privilege and shall on both the first and be produced; last page, discussion of employee matter). FSD 2558, line 5 --

FSD 2582, line 21 are protected by the Attorney-Client privilege and shall not be produced; and

FSD 2582, line 22-FSD 2587 are not protected by the Attorney-Client privilege and shall be produced.

School Board Closed FSD 2588-2639 Attorney-Client FSD 2628-FSD Session Minutes -- May Privilege: FSD 2629, line 2, words 1 23, 2005 2628-2629. (See - 7 are not protected reference to attorney by the Attorney-name, Shane, at FSD Client privilege and 2629, line 7). shall be produced;

Health Insurance FSD 2629, line 2, Portability and word 8 to line 10, Accountability Act of line 1 are protected 1996, Pub. L. No. by the Attorney-104-191, Subject to Client privilege and prior order of Court shall not be which denied produced; and privilege: FSD 2589, line 21). The HIPAA objections are overruled pursuant to the Court's August 1, 2011 Order. The documents shall be produced once a HIPAA Qualified Protective Order has been entered.

Based upon the foregoing, Defendants are hereby ORDERED to produce the documents consistent with this Order by October 31, 2011.

IT IS SO ORDERED.

20111021

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