Hugunin et al v. Rocklin Unified School District et al

Filing 129

ORDER signed by District Judge Morrison C. England, Jr., on 5/31/17, ORDERING that Defendants produce the following within 15 days of this Order: 1. The documents produced in response to the requests for production in the OAH proceeding; 2. The r edacted investigation report produced to Sherry McDaniel's attorney in the OAH proceeding; 3. The transcripts of interviews and audios of the interviews obtained during the investigation. Said documents and data will be subject to the protective order in place in this matter. (Kastilahn, A)

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

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TODD BOLEY, SBN 68119
ZOYA YARNYKH, SBN 258062
2381 Mariner Square Dr., Ste 280
Alameda, CA 94501
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Plaintiffs

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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HUGUNIN, et al.,

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Plaintiffs,
v.
ROCKLIN UNIFIED SCHOOL DISTRICT, et
al.,

No. 2:15-cv-00939-MCE-DB
STIPULATION AND ORDER
DIRECTING DEFENDANTS TO
PRODUCE RECORDS OF THE OAH
TERMINATION PROCEEDING OF
SHERRY MCDANIEL

Defendants.

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IT IS HEREBY STIPULATED by and between the parties hereto that:
1.

This action arises out of allegations that defendants ROCKLIN UNIFIED SCHOOL

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DISTRICT (“RUSD”), et al., are responsible for the matters referred to in Plaintiffs’ complaint,

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including allegations that Defendant Sherry McDaniel, while a teacher at RUSD, abused the minor

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plaintiffs enrolled as students in Ms. McDaniel’s class. Defendant McDaniel denies all of such

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allegations.

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2.

As a result of the allegations of abuse against Defendant McDaniel, Defendant

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RUSD instituted a proceeding to terminate her employment with the Office of Administrative

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Hearings (“OAH”), case No. 2015020283.

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3.

In connection with the OAH proceeding, certain documents and data were

exchanged between RUSD and Sherry McDaniel under the terms of a protective order, which is
STIPULATION RE: OAH DOCUMENTS; ORDER THEREON

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attached hereto as Exhibit A. The documents exchanged include: 1) the documents produced in

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response to the requests for production in the OAH proceeding; 2) the USB drive produced

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pursuant to request No. 21 (attached hereto as Exhibit B); 3) the redacted investigation report

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produced to Sherry McDaniel’s attorney in the OAH proceeding; 4) the transcripts of interviews

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and audios of the interviews obtained during the investigation.

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4.

Plaintiffs contend that the documents and data produced during the OAH

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proceeding are highly relevant to the instant action, as both matters arise from the same set of

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circumstances. Plaintiffs further contend that the protective order in the OAH action was never

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signed by the Administrative Law Judge, and is thus invalid, and would not in any case prevent

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disclosure of these documents in this proceeding. Defendants contend that the OAH Order is valid

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and binding. (See Exhibit C, correspondence from OAH staff counsel providing that the protective

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order attached as Exhibit A is a true and correct copy of the order entered in the OAH proceeding.)

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Further, defendant McDaniel contends that the requested documents and data are confidential

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personnel records as to which defendant McDaniel has an expectation to and right of privacy under

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the U.S and California Constitutions and state law. 5.

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Defendants are willing to produce the OAH documents and data in their possession or control with

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the exception of the USB drive described under No. 2 supra, subject to the protective order in place

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in this case, see Docket No. 41. Defendants do not agree to the production of the USB drive as

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defendants assert they have previously produced all relevant documents contained on the USB

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drive. Plaintiffs reserve the right to bring a motion to compel production of this USB drive.

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6.

Notwithstanding the foregoing,

Defendants contend that they are not able to provide the documents identified below

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due to the terms of the protective order entered in the OAH proceeding, attached hereto as Exhibit

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A. Therefore, the parties request that this Court issue an order allowing the production of the

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following documents subject to the protective order already in effect in this matter, Docket No. 41:

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1. The documents produced in response to the requests for production in the OAH

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proceeding;

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2. The redacted investigation report produced to Sherry McDaniel’s attorney in the

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OAH proceeding;
STIPULATION RE: OAH DOCUMENTS; ORDER THEREON
2:15-cv-00939-MCE-DB

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3. The transcripts of interviews and audios of the interviews obtained during the

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investigation.7.

The parties agree that the documents and data produced

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pursuant to the order will be subject to the protective order in place in this matter (see Docket No.

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41 for protective order).

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DATED: May 25, 2017

LAW OFFICES OF TODD BOLEY

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__________/s/______________________
TODD BOLEY,
ZOYA YARNYKH
Attorney for PLAINTIFFS

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DATED: May 25, 2017

EVANS, WIECKOWSKI & WARD

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/s/
Carol Wieckowski,
Attorney for Defendants RUSD, et al.

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DATED: May 25, 2017

LONGYEAR, O’DEA & LAVRA

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/s/
Natasha Langenfeld,
Attorney for Defendants Sherry McDaniel

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STIPULATION RE: OAH DOCUMENTS; ORDER THEREON
2:15-cv-00939-MCE-DB

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ORDER

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PURSUANT TO THE STIPULATION, AND GOOD CAUSE APPEARING, IT IS

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HEREBY ORDERED THAT Defendants produce the following within 15 days of this Order:
1. The documents produced in response to the requests for production in the OAH
proceeding;
2. The redacted investigation report produced to Sherry McDaniel’s attorney in the OAH

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proceeding;

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3. The transcripts of interviews and audios of the interviews obtained during the investigation.

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Said documents and data will be subject to the protective order in place in this matter.
IT IS SO ORDERED.
Dated: May 31, 2017

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STIPULATION RE: OAH DOCUMENTS; ORDER THEREON
2:15-cv-00939-MCE-DB

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