T.T. v. Marin County Mental Health Youth and Family Services

Filing 117

ORDER GRANTING IN PART AND DENYING IN PART MOTION FOR PROTECTIVE ORDER AND VACATING HEARING by Judge William Alsup [granting in part and denying in part 109 Motion for Protective Order]. (whasec, COURT STAFF) (Filed on 7/23/2013)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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Plaintiff,

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For the Northern District of California

United States District Court

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T.T., a minor, by and through his
guardian ad litem, SUSAN T.,

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No. C 12-02349 WHA
v.
COUNTY OF MARIN,
Defendant.

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COUNTY OF MARIN,

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Counterclaimaint.

ORDER GRANTING
IN PART AND DENYING
IN PART MOTION FOR
PROTECTIVE ORDER
AND VACATING HEARING

v.
T.T., by and through his guardian ad litem
SUSAN T.; SUSAN TIMMEL; JESSICA
WELCH; COLLEEN A. SNYDER;
CHRISTIAN M. KNOX; F. RICHARD
RUDERMAN; PAULA SOLOMON and
RUDERMAN & KNOX, LLP,
Counterclaim Defendants.
/

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In this action to enforce an administrative judgment in favor of a special-needs student,

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the issue is whether a motion for a protective order should be granted. For the reasons explained

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below, the motion is GRANTED IN PART and DENIED IN PART.

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Counterclaim defendant T.T. is a special-needs student who filed a “due process”
complaint under the Individuals with Disabilities Education Act against the Novato Unified

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School District and defendant County of Marin before the Office of Administrative Hearings

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for the State of California. T.T.’s mother, Jessica Welch, signed a settlement agreement with

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Novato on her son’s behalf. The parties to that agreement were defined as “Jessica Welch . . .

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individually and on behalf of her son” T.T., and Novato. T.T. subsequently pursued his due

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process claim against the County before the OAH, but the County refused to participate in the

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proceeding, contending that the OAH lacked personal and subject-matter jurisdiction. The OAH

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held that it had jurisdiction and awarded T.T. $41,000 as compensation for, inter alia, the

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County’s failure to provide an appropriate education.

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When the County’s window to appeal the OAH decision expired, T.T. filed suit in this
district to enforce the OAH judgment. The County has now issued a subpoena to Ms. Welch

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For the Northern District of California

United States District Court

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for an oral deposition. T.T. moves to quash Ms. Welch’s deposition or, in the alternative,

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for a protective order compelling the County to agree to a written deposition of Ms. Welch.

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Ms. Welch was a signatory to an important document in this action, and the County has

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a legitimate right and interest in taking her deposition. The claim that Ms. Welch suffers from

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a panic disorder is not supported by any declaration from a medical doctor, but only by the

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declaration of a licensed clinical social worker. Even then, the entire declaration is only half a

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page long and entirely conclusory.

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On the unproven assumption that Ms. Welch possibly suffers from a panic disorder and

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needs an accommodation, the following relief is ordered. The County may submit ten questions

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in writing that must be answered in full and under oath by Ms. Welch. These questions must be

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submitted by AUGUST 6 and Ms. Welch must submit sworn responses by AUGUST 9, by NOON

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both days. A two-hour oral deposition of Ms. Welch may then be taken on AUGUST 16, starting

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at 9:00 A.M. If the answers given to the written questions are coy, the Court will consider

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allowing a longer oral deposition. To accommodate Ms. Welch, her deposition may be taken

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at her home or at another place of her choosing, so long as notice is given in writing 48 hours

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in advance of the deposition. Both parties may agree to an alternative arrangement but it must

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be in writing and signed by both parties.

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For the foregoing reasons, the motion for a protective order is GRANTED IN PART and
DENIED IN PART. The August 1 hearing is VACATED.

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IT IS SO ORDERED.

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Dated: July 23, 2013.

WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE

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For the Northern District of California

United States District Court

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