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IN THE UNITED STATES DISTRICT COURT FOR THE

WESTERN DISTRICT OF MISSOURI

SOUTHERN DIVISION




Plaintiff,


E. R., a minor, by and through
her next friend, D.R.,

)
)
)
)
)

)
REPUBLIC R-III SCHOOL DISTRICT, )
PATRICIA MITHELAVAGE,
)
)
JONI RAGAIN,
)
and ROBERT DUNCAN,
)
)

Defendants.







v.































Case No. 11-03228

MOTION FOR LEAVE TO FILE DOCUMENTS UNDER SEAL
THE PETITION FOR APPOINTMENT OF NEXT FRIEND AND

CONSENT OF NEXT FRIEND





COME NOW, Petitioner E.R., a minor, by and through her next friend, D.R., by and

through their attorneys of record, Baird, Lightner, Millsap & Harpool, P.C., and pursuant to

Federal Rule of Civil Procedure 5.2(d) and Rule 7(b)(1) respectfully move this Court to grant

their Motion for Leave to File Documents Under Seal the Petition for Appointment of Next

Friend and Consent of Next Friend for the following reasons:

1. The filings contain the name of a minor’s guardian, from which the minor’s identity

can easily be inferred.

2. Federal Rule of Civil Procedure 5.2(d) states that “[t]he court may order that a filing

be made under seal without redaction.” Fed. R. Civ. P. 5.2(d) (WL 2011).

3. The interest of protecting the minor’s identity outweighs any public interest in

disclosure.

WHEREFORE, Petitioner, by and through her next friend, respectfully requests this

Court to grant her Motion for Leave to File Documents Under Seal the Petition for Appointment



Case 6:11-cv-03228-ODS Document 3 Filed 07/08/11 Page 1 of 2

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of Next Friend and Consent of Next Friend for the above-stated reasons and for the reasons

stated in Petitioner’s Suggestions in Support of her Motion for Leave to File Documents Under

Seal the Petition for Appointment of Next Friend and Consent of Next Friend, which are hereby

incorporated herein by reference, and for such other relief as the Court deems just and proper.



Respectfully submitted,

BAIRD, LIGHTNER, MILLSAP & HARPOOL, P.C.



By __s/ Matt Cologna________________________
M. DOUGLAS HARPOOL #28702

MATT COLOGNA


1901-C South Ventura Avenue


Springfield, MO 65804
Telephone: (417) 887-0133

Facsimile: (417) 887-8740


Attorneys for E.R.

#62020











Case 6:11-cv-03228-ODS Document 3 Filed 07/08/11 Page 2 of 2

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