Warchol et al v. Kings County Office of Education et al

Filing 23

STIPULATION and ORDER DIRECTING PRODUCTION OF REPORT OF KINGS COUNTY SHERIFFS DEPARTMENT AND CRIMINAL COMPLAINT, signed by Magistrate Judge Michael J. Seng on 5/10/2017. (Lafata, M)

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PETER W. ALFERT, SBN 83139
LAW OFFICES OF PETER ALFERT, APC
200 Pringle Ave., Suite 450
Walnut Creek, California 94596
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Plaintiffs

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TODD BOLEY, SBN 68119
ZOYA YARNYKH, SBN 258062
LAW OFFICES OF TODD BOLEY
2381 Mariner Square Drive, Suite 280
Alameda, CA 94501
Telephone: [phone]
Facsimile: [phone]

GREGORY L. MYERS (SBN #95743)
LAW OFFICES OF GREGORY L. MYERS
1500 W. Shaw Ave., Suite 204
Fresno, CA 93711
Telephone: [phone]
Facsimile: [phone]
[e-mail]

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Attorney for Defendants

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA – FRESNO DIVISION

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STEPHANIE WARCHOL AND J.M., A
MINOR, BY AND THROUGH HIS
GUARDIAN AD LITEM STEPHANIE
WARCHOL,

STIPULATION AND ORDER
DIRECTING PRODUCTION OF
REPORT OF KINGS COUNTY
PLAINTIFFS, SHERIFF’S DEPARTMENT AND
CRIMINAL COMPLAINT

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VS.
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Case No. 1:17-cv-00106-DAD-MJS

KINGS COUNTY OFFICE OF EDUCATION;
JOYCE BINGHAM; DAMIEN PHILLIPS;
AND DOES 1-20,
DEFENDANTS.

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STIPULATION AND ORDER
1:17-cv-00106-DAD-MJS

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IT IS HEREBY STIPULATED by and between the parties hereto that:

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1.

This action arises out of allegations of abuse by Plaintiff J.M., who was a student at

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Shelly Baird School within Defendant Kings County Office of Education during the 2015-2016
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school year. J.M. alleges that he was abused by Defendant Joyce Bingham. An incident of alleged
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abuse was reported to Kings County Sheriff’s Department.
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2.

The Kings County Sheriff’s Department conducted an investigation into these

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allegations, and prepared a report(s) related to the investigation, #15-K023940.
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3.

The investigation revealed that Defendant Bingham has been accused of child abuse

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before. On July 3, 2014, a school nurse reported to Damien Phillips that she witnessed Bingham
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slap a non-verbal, intellectually disabled student. The Sheriff’s Department prepared a report
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documenting the allegation and investigation (#14K016773).
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4.

The parties respectfully request that the Court issue an order directing the release of

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Sheriff’s report 14K016773 directly to counsel for Plaintiffs and Defendants. The parties agree that
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the materials will be used only for the purposes of this litigation and the related state court action
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(Superior Court of the State of California, Kings County, Case No. 16C-0353), and will be subject
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to the protective order in this action, and not be disclosed to any party other than the parties,
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counsel, employees of the law firms representing the parties and consultants retained by the parties
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for this litigation and the related state court action.
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Dated: May 4, 2017

LAW OFFICES OF TODD BOLEY

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By:

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/s/ Zoya Yarnykh_________
ZOYA YARNYKH, SBN 258062
Attorney for Plaintiffs

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Dated: May 4, 2017

LAW OFFICES OF GREGORY L. MYERS

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By:

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/s/ Gregory L. Myers ________
GREGORY L. MYERS, SBN 95743
Attorney for Defendants

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STIPULATION AND ORDER
1:17-CV-00106-DAD-MJS

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ORDER
THE PARTIES HAVING STIPULATED THERETO AND GOOD CAUSE

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APPEARING THEREFORE, it is hereby ordered that Kings County Sheriff’s Department

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release a copy of the report #14K016773 directly to counsel for Plaintiffs and Defendants herein.

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The material obtained from the Sheriff’s Department will be used only for the purposes of this

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litigation and the related state court action, and will be subject to the protective order in this action,

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and will not be disclosed to any party other than the parties, counsel, employees of the law firms

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representing the parties and consultants retained by the parties for this litigation and the related

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state court action.

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IT IS SO ORDERED.
Dated:

May 10, 2017

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/s/

Michael J. Seng

UNITED STATES MAGISTRATE JUDGE

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STIPULATION AND ORDER
1:17-CV-00106-DAD-MJS

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