LM v. Kern High School District

Filing 27

STIPULATION and ORDER 26 re Inspection of Plaintiff's Home and Classroom, signed by Magistrate Judge Jennifer L. Thurston on 8/31/2018. (Hall, S)

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DANIEL T. CLIFFORD, ESQ. – SBN 227632
DENNIS P. GALLAGHER, II, ESQ – SBN 301453
CLIFFORD & BROWN
A Professional Corporation
Attorneys at Law
Bank of America Building
1430 Truxtun Avenue, Suite 900
Bakersfield, CA 93301-5230
Tel: [phone] Fax: [phone]

[Filing fee exempt
Gov. Code § 6103]

Attorneys for Defendant,
KERN HIGH SCHOOL DISTRICT

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT

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***

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LM, a minor, by and through his Guardian ad
Litem, GRISELDA MARTIN,

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Plaintiff,
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CASE NO. 1:17-CV-01123-DAD-JLT
STIPULATION AND ORDER RE
INSPECTION OF PLAINTIFF’S HOME
AND CLASSROOM
(Doc. 26)

vs.

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KERN HIGH SCHOOL DISTRICT, and
DOES 1 to 100, Inclusive,
Defendants.

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The parties in the above-captioned matter, Plaintiff, LM, by and through his Guardian as Litem,
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GRISELDA MARTIN (“Plaintiff”), by and through his attorneys of record, J. Miguel Flores of
Rodriguez & Associates, and Defendant KERN HIGH SCHOOL DISTRICT (“Defendant”) (Plaintiff
and Defendant are collectively referred to as the “Parties”), by and through its attorneys of record,

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Daniel T. Clifford and Dennis P. Gallagher, II, of Clifford & Brown, P.C., hereby enter into this
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Stipulation to Re Inspection of Plaintiff’s Home and Classroom, as follows:

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RECITALS
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WHEREAS, on or about June 22, 2018, Defendant served Plaintiff with a Demand for
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Permission to Enter on Property for Inspection and for Testing and/or Sampling (the “Home
Inspection”), whereby Defendant seeks to inspect the home of Plaintiff in support of its defense against

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Stipulation to Permit Inspection of Plaintiff’s Home and Classroom

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Plaintiff’s claims in the above-captioned action;

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WHEREAS, Plaintiff has objected to the Home Inspection and requested inspection of his home
by Defendant and has refused to allow any inspection to occur;

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WHEREAS, prior to August 16, 2018, the Parties met and conferred, but reached an impasse;

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WHEREAS, on August 16, 2018, the Parties engaged in a teleconference with Federal

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Magistrate Thurston regarding the Demand and Plaintiff’s objections thereto;

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WHEREAS, on August 16, 2018, the Court issued a minute order holding that counsel for the

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Parties preliminarily agreed that Defendant may inspect Plaintiff’s home and ordering counsel to

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further meet and confer regarding the terms of the same;

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WHEREAS, Plaintiff has also stated a desire to inspect his classroom as of the date of the
Incident underlying his First Amended Complaint (the “Classroom Inspection”);

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WHEREAS, the Parties have agreed to terms regarding the Home Inspection and Classroom
Inspection, as set forth in the following Stipulation.

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STIPULATION

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IT IS HEREBY STIPULATED that Defendant shall be permitted to inspect the home of

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Plaintiff, located at 6119 Cartagena, Bakersfield, CA, 93313, on September 18, 2018, beginning at 1:00

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p.m.;

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IT IS FURTHER STIPULATED that the inspection of Plaintiff’s home shall be limited to
three hours from the time of commencement;

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IT IS FURTHER STIPULATED that the inspection of Plaintiff’s home shall be limited to the

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first floor of the home, including but not limited to Plaintiff’s bedroom, bathrooms, common areas,

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kitchen and hallways, as well as the home’s curtilage, including but not limited to the front yard,

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backyard, side yard(s), patio, porch and walkways;

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IT IS FURTHER STIPULATED that attendees of the home inspection shall be limited to

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Plaintiff, members of his family that reside in the home, Plaintiff’s counsel, Defendant’s counsel,

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Plaintiff’s expert(s), Defendant’s expert(s) and people necessary to document Plaintiff’s home,

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including but not limited photographers and videographers, during the inspection;

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IT IS FURTHER STIPULATED that, pursuant to the Demand, Defendant’s shall be
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Stipulation to Permit Inspection of Plaintiff’s Home and Classroom

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permitted to inspect, measure, survey, photograph and/or videotape the inspection as Defendant deems

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appropriate, within the confines set forth in this Stipulation;

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IT IS FURTHER STIPULATED that Plaintiff shall be permitted to inspect the classroom of

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Plaintiff as of the date of the Incident, further identified as the moderate/severe special education

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classroom at Mira Monte High School, located at 8520 S Fairfax Rd, Bakersfield, CA, 93307, on

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September 18, 2018, beginning after the inspection of Plaintiff’s home and no earlier than 4:00 p.m.

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for purposes of student privacy;

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IT IS FURTHER STIPULATED that the inspection of Plaintiff’s classroom shall be limited
to three hours from the time of commencement;
IT IS FURTHER STIPULATED that the inspection of Plaintiff’s classroom shall be limited
to the inside of the classroom and immediate surrounding walkways;

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IT IS FURTHER STIPULATED that no students, whether personally or by some form of

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identification, will be photographed, videotaped, or documented in any way for privacy reasons.

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Should, following the inspection, any students be found to be depicted or identifiable in any manner,

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such identification will immediately be redacted from the original document and any copies;

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IT IS FURTHER STIPULATED that attendees of the classroom inspection shall be limited

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Plaintiff’s counsel, Defendant’s counsel, Plaintiff’s expert(s), Defendant’s expert(s), KHSD/Mira

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Monte High School administration and staff as deemed appropriate by Defendant’s counsel, and people

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necessary to document the classroom, including but not limited photographers and videographers,

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during the inspection;

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IT IS FURTHER STIPULATED that this stipulation may be signed in counterparts.

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DATED: August 30, 2018

CLIFFORD & BROWN

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By _/s/ Dennis P. Gallagher, II
DANIEL T. CLIFFORD, ESQ.
DENNIS P. GALLAGHER, II, ESQ.
Attorneys for Defendant,
KERN HIGH SCHOOL DISTRICT

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Stipulation to Permit Inspection of Plaintiff’s Home and Classroom

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DATED: August 30, 2018

RODRIGUEZ & ASSOCIATES

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By _/s/ J. Miguel Flores
DANIEL RODRIGUEZ, ESQ.
J. MIGUEL FLORES, ESQ.
Attorneys for Plaintiff,
L.M., by and through his Guardian ad Litem,
Griselda Martin

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Stipulation to Permit Inspection of Plaintiff’s Home and Classroom

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ORDER
In light of the foregoing Stipulation to Permit Inspection of Plaintiff’s Home, and good cause
appearing therefore,
IT IS HEREBY ORDERED that Defendant shall be permitted to inspect the home of Plaintiff,
located at 6119 Cartagena, Bakersfield, CA, 93313, on September 18, 2018, beginning at 1:00 p.m.;
IT IS FURTHER ORDERED that the inspection of Plaintiff’s home shall be limited to three
hours from the time of commencement;

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IT IS FURTHER ORDERED that the inspection of Defendant shall be limited to the first

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floor of Plaintiff’s home, including but not limited to Plaintiff’s bedroom, bathrooms, common areas,

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kitchen and hallways, as well as the home’s curtilage, including but not limited to the front yard,

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backyard, side yard(s), patio, porch and walkways;

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IT IS FURTHER ORDERED that attendees of the home inspection shall be limited to

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Plaintiff, members of his family that reside in the home, Plaintiff’s counsel, Defendant’s counsel,

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Plaintiff’s expert(s), Defendant’s expert(s) and people necessary to document Plaintiff’s home,

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including but not limited photographers and videographers, during the inspection;

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IT IS FURTHER ORDERED that, pursuant to the Demand, Defendant’s shall be permitted

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to inspect, measure, survey, photograph and/or videotape the inspection as Defendant deems

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appropriate, within the confines set forth in this Stipulation.

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IT IS FURTHER ORDERED that Plaintiff shall be permitted to inspect the classroom of

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Plaintiff as of the date of the Incident, further identified as the moderate/severe special education

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classroom at Mira Monte High School, located at 8520 S Fairfax Rd, Bakersfield, CA, 93307, on

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September 18, 2018, beginning after the inspection of Plaintiff’s home and no earlier than 4:00 p.m.

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for purposes of student privacy;

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IT IS FURTHER ORDERED that the inspection of Plaintiff’s classroom shall be limited to
three hours from the time of commencement;
IT IS FURTHER ORDERED that the inspection of Plaintiff’s classroom shall be limited to
the inside of the classroom and immediate surrounding walkways;
IT IS FURTHER ORDERED that no students, whether personally or by some form of
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Stipulation to Permit Inspection of Plaintiff’s Home and Classroom

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identification, will be photographed, videotaped, or documented in any way for privacy reasons.

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Should, following the inspection, any students be found to be depicted or identifiable in any manner,

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such identification will immediately be redacted from the original document and any copies;

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IT IS FURTHER ORDERED that attendees of the classroom inspection shall be limited

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Plaintiff’s counsel, Defendant’s counsel, Plaintiff’s expert(s), Defendant’s expert(s), KHSD/Mira

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Monte High School administration and staff as deemed appropriate by Defendant’s counsel, and people

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necessary to document the classroom, including but not limited photographers and videographers,

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during the inspection.

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IT IS SO ORDERED.
Dated:

August 31, 2018

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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Stipulation to Permit Inspection of Plaintiff’s Home and Classroom