CLINTON — The attorney for the plaintiff in a civil suit filed against two employees, one former employee and the Camanche School District submitted a response to one of the defendant’s resistance to a motion for a protective order, a motion which was approved by a Clinton County District Court judge last week.

Nathan Legue, attorney for the plaintiff, submitted a response to a resistance motion for a protective order filed by defense attorney Eric Puryear, on behalf of defendant Bradley E. Wickes. The response submitted by Legue references the counsel for Wickes stating in the resistance that the first time they learned of the protective order issue was when the motion was filed April 28 and later that day when the plaintiff’s attorney emailed with a proposed stipulation on the motion. The response states this is not correct, saying the counsel for the plaintiff emailed a proposed stipulated protective order to the counsel of Wickes on April 12, two weeks before filing the motion and received no response from the counsel’s office until the resistance was filed.

The response to the resistance also states Legue spoke by telephone with counsel for the school district, Camanche School District Superintendent Thomas Parker, and Charles J. Wiebenga, Camanche High School Principal, who indicated he would not object to entry of a protective order regarding medical records. In a subsequent telephone conversation, the counsel indicated he had concerns about the particular language of the proposed order but still did not object to the entry of one in general. Legue filed the motion for protective order when he received no response from Wickes’ counsel.

The response states that Wiebenga, Parker and the Camanche School District, through counsel, have indicated they seek discovery of confidential school records of the plaintiff and request her to sign a waiver for the same. The plaintiff, according to the response, does not object to a waiver to grant access to the records but renews her motion for a protective order to include those documents.

“Wherefore, the plaintiff Jane Doe prays that the court enter an order to protect her from the annoyance and embarrassment of unwarranted disclosure of her medical and school records, compelling the parties and their respective counsel to keep such records confidential and granting any other relief deemed just,” the response states.

The attorneys for the Camanche School District, Wiebenga and Parker filed a response to the original motion for a protective order, stating the defendants have no objection to a reasonable protective order designed to preserve the confidentiality of any information contained in medical records produced by the plaintiff in connection with the case, adding they do not resist the motion for a protective order.

The motion for the protective order was heard and granted last week. The protective order states that all medical records and school and academic records of the plaintiff obtained during discovery shall be confidential and should not be disclosed or disseminated to any person except the court and its officers; attorneys of the parties and their office associates, law clerks, legal assistants and stenographic and clerical employees; persons shown on the face of the document to have authored or received it, court reporters and the individually named parties or outside independent persons who are retained by a party or its attorneys to furnish technical or expert services or to provide assistance as mock jurors or focus group members and/or to give testimony in this action.

The civil suit was filed Dec. 7 against the Camanche School District, Wiebenga, Parker and Wickes, a former teacher in the Camanche School District. The petition alleges the school district and the three individuals had a role in negligence, negligent hiring, retention and supervision, and intentional infliction of emotional distress. The school district is named in the petition as a school corporation and Wiebenga, Parker and Wickes are named as employees of the Camanche School District.

Herald Staff Writer John Rohlf can be reached at

This Week's Circulars