Yates v. West Contra Costa Unified School District

Filing 110

Discovery Order. Signed by Judge Maria-Elena James on 5/15/2017. (Attachments: # 1 Joint Letter, # 2 Exhibits to Joint Letter)(mejlc3, COURT STAFF) (Filed on 5/15/2017) (Additional attachment(s) added on 5/15/2017: # 3 Certificate/Proof of Service) (rmm2S, COURT STAFF).

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TIMOTHYP. MURPHY. (Bar No. 120920)
EDRmGTON, SCHIRMER & MURPHY LLP
The Terraces
2300 Contra Costa Blvd., Suite 450
Pleasant Hill, CA 94523
Telephone: [phone]

[G.C. 6103)

Attorney for Defendant
WEST CONTRA COSTA UNIFIED SCHOOL DISTRICT

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UNITED STATES DISTRICT COURT
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NORTHER.l~ DISTRICT OF CALIFORNIA, SAN FRANCISCO BRANCH

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Case No. 3:16-CV-01077 MEJ

FERNANDO YATES,

SPECIAL INTERROGATORIES,

Plaintiff,

SET ONE

v.

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WEST CONTRA COSTA UNIFIED
SCHOOL DISTRICT,

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Defendant.

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PROPOUNDING PARTY:

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Defendant \VEST CONTRA COSTA UNIFIED SCHOOL

. DISTRJCT

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RESPONDING PARTY:

PlaintiffFER.i'TANDO YATES

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SETNO.:

ONE

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PLEASE TAKE NOTICE that pursuant to the provisions ofFRCP 33, defendant WEST

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CONTRA COSTA UNIFIED SCHOOL DISTRICT hereby requests that plaintiff FERNANDO

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YATES submit wdtten responses to the following special inteiTogatories.

DEFINITIONS

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1.

For the purpose of these interrogatories, when asked to "IDENTIFY" or for" the

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"IDENTITY" of a person or persons, please provide the following information: person's name,

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address, (work and home), phone number (work and home).

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Special Interrogatories (set one)

Case No. 3: 16-CV-0 1077 MEJ

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For the purpose of these inteiTogatories, when asked to "IDENTIFY" or provide

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2 · the ''IDENTITY" of a document, this shall mean, its date, its author or party's signatory, its
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addressee or recipient, number of pages, subject matter, name and address of each person

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having possession ef the original or any copy.

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"DESCRIBE" means to specify m detail and with particularity the

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information requested in the interrogatory and not just to provide a summary of the

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information. It requires, among other things: the inclusion of each date, fact and event that

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is in anyway relevant to the answer to the Individual Interrogatory; the identification of

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each DOCU:NfENT that contains information that is relevant to the answer to Individual

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Interrogatory and the identification of each individual who personal knowledge of

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information requested in the Individual Interrogatory.

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SPECIAL INTERROGATORIES
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Itemize all economic damages that you claim to have resulted from your

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separation from employment with the West Contra Costa Unified School District including, but

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not limited to, lost wages, medical or mental health care expenses, out-of-pocket expenses and

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any other financial losses.

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2.

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IDENTIFY all witnesses who can corroborate each element of economic damages

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that you allegedly suffered as a result of your separation from employment with the West Contra

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c;t( g1}f Sch~ D:1n~ /3 0!7 I f ;-_j lj} r; 'j}f ('1.1)(_ /(J I} S tYj

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3.

IDENTTFY eac

o_ er you

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had in the ten (10) years preceding your

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Answers to these Interrogatories, including the e -

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name(s) of each position you held with that employer and the inc

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employment.

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4.

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er' s name, address, telephone number, the

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DESCRIBE each and every document that supports your claimed economic

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damages resulting from your separation from employment with the West Contra Costa Unified

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School District.

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If you contend that you requiied the services of any medical or mental healthcare

provider as ·a result of your separation from employment with the West Contra Costa Unified

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Special Interrogatories (set one)

Case No. 3:16-CV-01077:NIEJ

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School District, state all facts in suppmi of your contention.

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If you contend that you required the services of any medical or mental healthcare

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provider as a result of your separation from employment with the West Contra Costa Unified

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School District, IDENTIFY each healthcare provider you consulted or who provided services to

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you.

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If you contend that you required the services of any medical or mental healthcare

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provider as a result of your separation from employment with the We.s t Contra Costa Unified

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School Dish·ict, DESCRIBE each and every document that sup_P.orts your contention.

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\Vith regard

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ta ~:lmed~;:~n;afh,~i~ ~~~tment expense that you claim

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resulted from your separation from employment with the \Vest Contra Costa Unified School

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District, state the amount actually accepted as full payment by each such provider for the

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expenses you lllC1itTed. ·

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Please identify any and all entities or insurers (i.e., Blue Cross, Kaiser, Medicare,

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Medi-Cal) that made payments on account of medical or mental health care treatment expenses

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that you claim to have incurred as a result of your separation from employment with the West

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Contra Costa Unified School District.

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10.

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Itemize any and all Medicare benefits that you received or that were paid on your

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behalf for any injuries that you claim resulted from your separation from employment with the

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West Contra Costa Unified School District.

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DATEP: February

EDRINGTON, SCH!Ri\1ER & MURPHY LLP

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Special Interrogatories (set one)

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RE: Yates v. WCCUSD

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Pursuant to your reques~ [have attached a document reflecting payments made by the district towards your health benefits.
The district paid $15.00 towards vision coverage, $102.00 towards dental coverage and $1545.00 towards health benefitS each
month; you paid $177.00 towards your benefits each month, as shown below. Benefits were paid through August 2015. I trust
that this will satisfy youf needs.
Timothy P. Murphy

Timothy P. Murphy, Esq.
Edrington. Schirmer & Murphy UP
2300 Contra Costa Blvd. Suite 450
Pleasant Hill, CA 94523

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Statement
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YATES, FERNANDO
3'200 TRUXEl ROAD, APT 324
SACMMENTO, CA 96833

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2/16/2017

Page 1 of2

Print

Subject: . RE: Health insurance
From:

Akemi Lund- Payroll (AJLund@val!ejo.k12.ca.us)

To:

[e-mail];

Date:

Thursday, February 16, 2017 8:13AM

The total amount you pnid lor Henllh, Dental and Vision in 20 15/20 16 was $11, 141.28. Please let me know i r I
can he n!' 1\trthcr nssistnncc. Thank you.
·

Akeml Lund
lkn<:flf.l' ,r:.,;)ecialisf, llltsines.\' S'ervices Division

Valk:io City tJniriccl School District
(i65 Walnut 1\ venue
Vallejo, CA 94592
Onice [phone] ext 500 I G
Fax [phone] !6

njlund@vallein.k 12.ca.us

·C'ONFIDFNTIAI.ITY NOTICE: This communication witl1 its contents as wdl as any attachments may contain conlideJitial <llldior legally privileged

inlhrlllilli(ln. ll is snlcly lor the usc or the intcmlcd rccipicnt(s). Unauthorized intcn:cption, review, usc or disclosure is prohibited and may Yiobtc
ilpplicahlc hms indutling the Elrctrfmic CnnnnuniL-ations Privacy Act 1f you ;src ll<ll the intended recipient. please contal:l the sender and destroy all
cnpi~ s nf the commtulication. Thank y<>u for your complioncc.

From: Rosa Loza - Payroll
Sent: Wednesday, Febmary 15,2017 6:15PM
To: Akerni Lund- Payroll
Subject: FW: Health insurance

Akemi,
Please help, thanks.

t~osa

M a Loza

Accounti11g/B usi11ess SerJJices Divisiofl
Vallejo Cit~· Unified School District
G6S Walnut Avenue
Vallc,io 1 CA 94592
Office [phone], ext. 50152
Ji'ax [phone] .
rloza(@vallcjo.k12.crt.us

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2/16/2017

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Page 1 of2

Subject: fwd: Health insurance, delta dental and VSP.
From:

Fernando Yates {[e-mail])

To:

fernandoyates@y~hoo.com;

Date:

Thursday, February 16, 20171 :53 PM

---------- Forwarded message ---------From: Alissa Wilkinson <awilklnson(ij~st~ntmion.k 12.c.a.us>
Date: Thu, Feb 16, 2017 at 1:44PM
Subject: Re: Health insurance, delta dental and VSP
To: Fernando Yates <fy~Hc.s@~li.'lnl!t'\tn tLk l'2.ca.u~>

Hi Fernando,

If I understand what you are asking, your total portion paid, per month, for VSP, Delta Dental, and
Blue Shield altogether is $1,386.33 per month. This will be the same amount through September, as
the new open emollment plan begins in August and the ainount could change.
Please let me know if you have any questions or if this did not answer your question.
Thank you,

Alissa Wilkinson
Payroll Technician
Stanislaus Union School District
2410 Janna Avenue
Modesto, ·CA 95350

[phone]
On Tlm, Feb 16, 2017 at 1:19PM, Fernando Yates
' Hi Alissa:

<f~ya!es(i~:;tanunion.k

l2.cn,us> wrote:

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i Please let me know my projected amount paid for the employee contribution, for the year 2016-

i 2017, for·my health insurance, delta dental and VSP?
1

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Thank you,

; Fernando Yates

...,.

~ This is a staff email account managed by Stanislaus Union Elementary School District. This email and

. any files transmitted with it are confidential and intended solely for the use of the individual or entity

i to whom they are addressed. If you have received this email in error please notify the sender,

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2/16/2017

Print

Page 1 of 1

Subject:

Response to your letter dated MArch 15, 2017

From:

Fernando Yates ([e-mail])

To:

[e-mail]; [e-mail];

Date:

Wednesday, March 22, 2017 12:30 PM

Dear Mr. Murphy and Mr. Ly:
In response to your letter dated March 15, 2017:
Special Interrogatory No. 1: I paid $ 11,141.28 of health benefits to Vallejo City
Unified School District,$ 16,635.96 for 12 months to Stanislaus Union Unified
School District, and$ 2127.24 for West Contra Costa Unified School District, if
you add $16,635.96 and $11,141.28 will give a total of$ 27,777.24, if you subtract
that amount from $ 2, 127.24, will give a total of$ 25, 650 in lost benefits. In other
words I am claiming from West Contra Costa Unified School District $ 25,650 for
lost benefits.
Special Interrogatory No. 2: I sent you the name of the witnesses in the letter, and
all their information, Alemi Lund, Vallejo City Unified School District ,Benefits
Specialist, and Alissa Wilkinson, Stan'islaus Union Payroll Technician.
Special Interrogatory No. 3: I deny, I am only claiming lost benefits for$ 25,650,
plus emotional distress, and that information was sent to your office already. I sent
a letter, from VCUSD, and SUSD.
Inspection Demand No. 5:WCCUSD has that information already, and included in
your pleadings several times.
Inspection Demand No. 6: I am not claiming loss of earnings, for that reason, I
DENY.
If you disagree with my answers, please let me know to file a joint letter to the
court.

Very Truly Yours,
Fernando Yates

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4/24/2017

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Melissa Phung
From:

Sent
To:

Cotton, Cheryl <[e-mail]>
Friday, March 13, 2015 4:48PM
Melissa Phung
FW: RE: SLMS

Subject:
Attachments:

imageOOl.gif; image002jpg

Follow Up Flag:
Flag Status:

Follow up
Flagged

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----Original Message---From: Fernando Yates [mailto:fernandoyates@yahoo .corn]
Sent Thursday, October 16, 2014 9:47PM
To: Cotton, Cheryl
Subject: Fw: RE: SLMS

--On Thu, 10/16/14, SLMS <[e-mail]>wrote:
> From: SLMS <SLMS @ctc.ca.g-ov.>
> Subject: RE: SLMS
.
>To: "[e-mail]" <fema'[e-mail]>
> Dat~: Thursday, October i6, 2014, 4:39 PM

>
>
>
>
>
>
>
>
>Pear Mr. Yates,

>
> Thank you for contacting the
> Commission on Teacher Credentialing. You were identified as a person
> out of corp.pliance wjth your child support agreement. This resulted in
> the suspension of one or more of your teaching credentials. This
> matter has not been resolved. You will need to contact San Diego
>County, Department of Child Support Services (DCSS) to initiate a
>State License Match Release. Once the issue has been resolved, DCSS
> will submit a release directly to the Commiss.ion by fax or mail.
> The Commission has 5 business
> days to process the release. ·After this action the Commission will
> mail a release to you indicating the action has been cleared. You may
>continue to visit the website at http://protect1

· WCCUSD00131

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