IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF TEXAS
AUSTIN DIVISION




MARK MALOOLY, individually and )
on behalf of the other members of the class, )
Plaintiff, )
)
v. ) Civil No.
) A96CA229SS
)
State of Texas, et al., )
Defendants. )



ORDER REQUIRING PRODUCTION OF DOCUMENTS


Pursuant to FED. R. CIV. P. 34, Plaintiff has requested defendants to produce the unredacted application files of white and non-preferred minority resident applicants to The University of Texas School of Law for the Fall 1994 entering class, who were wit hin Category II (the "discretionary zone"), as well as redacted files of "Dean's List" applicants who were offered admission to the University of Texas Law School for the Fall 1994 entering class over the objections of the Admissions Committee.

Because some of the information contained in these files is protected by the Family Educational and Privacy Rights Act ("FERPA"), 20 U.S.C. § 1232(g), by University policy, or by agreement with other educational institutions or entities, defendants indic ated that they could produce these files only under a Court Order requiring the production of the documents, and subject to a Protective Order to protect the information in the documents.

Defendants moved this Court for an order requiring production of the documents identified in this Order. Plaintiff did not oppose the motion. The Court has considered the motion and the arguments of counsel and finds that it should be granted.

It is ordered that Defendants are required to produce the unredacted application files of white 1994 entering class, who were within Category II (the "discretionary zone"), as well as unredacted files of "Dean's List" applicants who were offered admissio n to the University of Texas Law School for the Fall 1994 entering class over the objections of the Admissions Committee, subject to a Protective Order.

Signed this 31st day of January, 1997.

(Sam Sparks)
___________________
U.S. District Judge