Alma Vargas et al. v. Specialized Education Services, Inc. et al. (2013)

RULING ON DEFENDANTS' MOTIONS FOR PROTECTIVE ORDER (Nos.148–150)

The individual defendants have filed motions for protective order regarding requests for production of documents at their pending depositions.   The court has reviewed the objections and hereby orders the following:

1. Personnel files:  The requests are broad enough to require production of each defendant's entire personnel file, which the court finds to be unnecessary and improper.   Defendants shall produce those portions of their personnel file which pertain to disciplinary actions taken arising out of the treatment of students, and to training which they have received regarding the handling, control and restraint of students who are “defiant and/or acting out.”   This information is to be provided for a period of three years prior to plaintiff Rodriguez's enrollment at the school until 60 days following the date of the occurrence in question.   The objections are otherwise sustained.

2. Training materials:  These materials shall be produced insofar as they apply to training which these defendants have received regarding the handling, control and restraint of students who are “defiant and/or acting out.”   This information is to be provided for a period of three years prior to plaintiff Rodriguez's enrollment at the school until 60 days following the date of the occurrence in question.   The objections are otherwise sustained.

3. Prior Complaints:  Defendants shall produce formal or informal complaints pertaining to physical restraint or other, allegedly improper physical confrontations with students during their employment at High Road. The objections are otherwise sustained.

4. Photographs:  Any photographs depicting the room where plaintiff Rodriguez was allegedly restrained shall be produced.   The objection is overruled.

5. Insurance Information:  The court finds that such information is discoverable under Practice Book § 13–12.   Defendants shall produce copies of any reservation of rights letter from any insurer which is providing them with indemnification and/or defense against these claims as well as copies of any other letter from any insurer which has declined, in whole or in part, to defend and/or indemnify any defendant against any claim asserted by the plaintiffs.

Such documents do not ordinarily contain privileged information but, if any defendant claims that all or part of any such document is privileged, counsel shall prepare a privilege log and lodge it with the court, together with the documents contained therein, on or before July 30, 2013, for in camera review.   The privilege log, without copies of the documents, shall be served on plaintiff's counsel at the same time.

6. Statements and Reports:  This request is overbroad.   Defendants shall produce non-privileged statements and reports pertaining to the incident in question.   If defense counsel claims a privilege regarding any such documents, those documents shall be lodged with the court for in camera review using the procedure set forth in ¶ 5.

Defendants shall comply with these orders on or before July 30, 2013.   It is so ordered.

/s/ Miller, J.

Miller, Edmund H., F.S.M