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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,• 2 3 4 5 TIMOTHYP. MURPHY. (Bar No. 120920) EDRmGTON, SCHIRMER & MURPHY LLP The Terraces 2300 Contra Costa Blvd., Suite 450 Pleasant Hill, CA 94523 Telephone: (925) 827-3300 [G.C. 6103) Attorney for Defendant WEST CONTRA COSTA UNIFIED SCHOOL DISTRICT 6 7 8 UNITED STATES DISTRICT COURT ., 9 NORTHER.l~ DISTRICT OF CALIFORNIA, SAN FRANCISCO BRANCH 10 11 12 13 Case No. 3:16-CV-01077 MEJ FERNANDO YATES, SPECIAL INTERROGATORIES, Plaintiff, SET ONE v. 14 15 WEST CONTRA COSTA UNIFIED SCHOOL DISTRICT, 16 Defendant. I 17 18 PROPOUNDING PARTY: 19 Defendant \VEST CONTRA COSTA UNIFIED SCHOOL . DISTRJCT 20 RESPONDING PARTY: PlaintiffFER.i'TANDO YATES 21 SETNO.: ONE 22 PLEASE TAKE NOTICE that pursuant to the provisions ofFRCP 33, defendant WEST 23 CONTRA COSTA UNIFIED SCHOOL DISTRICT hereby requests that plaintiff FERNANDO 24 YATES submit wdtten responses to the following special inteiTogatories. DEFINITIONS 25 26 1. For the purpose of these interrogatories, when asked to "IDENTIFY" or for" the 27 "IDENTITY" of a person or persons, please provide the following information: person's name, 28 address, (work and home), phone number (work and home). 1 Special Interrogatories (set one) Case No. 3: 16-CV-0 1077 MEJ .· For the purpose of these inteiTogatories, when asked to "IDENTIFY" or provide 2. 1 2 · the ''IDENTITY" of a document, this shall mean, its date, its author or party's signatory, its 3 addressee or recipient, number of pages, subject matter, name and address of each person 4 having possession ef the original or any copy. 3. 5 "DESCRIBE" means to specify m detail and with particularity the 6 information requested in the interrogatory and not just to provide a summary of the 7 information. It requires, among other things: the inclusion of each date, fact and event that 8 is in anyway relevant to the answer to the Individual Interrogatory; the identification of 9 each DOCU:NfENT that contains information that is relevant to the answer to Individual 10 Interrogatory and the identification of each individual who personal knowledge of 11 information requested in the Individual Interrogatory. ~~:/ .:! SPECIAL INTERROGATORIES . ~ \ \ 1.) Itemize all economic damages that you claim to have resulted from your ,: 14 separation from employment with the West Contra Costa Unified School District including, but 15 not limited to, lost wages, medical or mental health care expenses, out-of-pocket expenses and 16 any other financial losses. 17 2. r 8t;Y) · ; IT-.S r IDENTIFY all witnesses who can corroborate each element of economic damages 18 that you allegedly suffered as a result of your separation from employment with the West Contra 19 c;t( g1}f Sch~ D:1n~ /3 0!7 I f ;-_j lj} r; 'j}f ('1.1)(_ /(J I} S tYj 20 3. IDENTTFY eac o_ er you hi had in the ten (10) years preceding your 21 Answers to these Interrogatories, including the e - 22 name(s) of each position you held with that employer and the inc 23 employment. 24 4. f) (; () C;j / er' s name, address, telephone number, the ~f< I t/1/ 7{~ DESCRIBE each and every document that supports your claimed economic 25 damages resulting from your separation from employment with the West Contra Costa Unified 26 School District. 27 28 5. · 6 f:fJ (; f 11J lJ 0 C(j pt( (--0 -r_j 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 2 Special Interrogatories (set one) Case No. 3:16-CV-01077:NIEJ 1 School District, state all facts in suppmi of your contention. 2 ~rJ~V} fl. pf (_j ( !).(.))1C If you contend that you required the services of any medical or mental healthcare 6. 3 provider as a result of your separation from employment with the West Contra Costa Unified 4 School District, IDENTIFY each healthcare provider you consulted or who provided services to 5 you. 6 A fJ P[; C/l 6 f. c: 1) <F/ 7. . · If you contend that you required the services of any medical or mental healthcare 7 provider as a result of your separation from employment with the We.s t Contra Costa Unified 8 School Dish·ict, DESCRIBE each and every document that sup_P.orts your contention. 8. 9 \Vith regard · ta ~:lmed~;:~n;afh,~i~ ~~~tment expense that you claim 1 10 resulted from your separation from employment with the \Vest Contra Costa Unified School 11 District, state the amount actually accepted as full payment by each such provider for the 12 expenses you lllC1itTed. · 13 · ·:: 9. · .. . , / f/ r/J f?Crc--IJ !!J ( l--·· ·· ,r-7 ~ I · Please identify any and all entities or insurers (i.e., Blue Cross, Kaiser, Medicare, 14 Medi-Cal) that made payments on account of medical or mental health care treatment expenses 15 that you claim to have incurred as a result of your separation from employment with the West 16 Contra Costa Unified School District. 17 10. /VY] I} / / {__ j C1/ {3 ( t Itemize any and all Medicare benefits that you received or that were paid on your 18 behalf for any injuries that you claim resulted from your separation from employment with the 19 West Contra Costa Unified School District. IVUf 20 DATEP: February EDRINGTON, SCH!Ri\1ER & MURPHY LLP ~ , 2017 11 ff (. / ( 413/6~-l,... 21 By __~~--~----~----+------- 22 23 ---24:-::tt·-_ ·· -----"" -_ 25 26 27 28 ;: 1 f:JL?IC> n(J o 1, "" t I vir ij)(Li (J 1 u ') !7 I · I (? 1 ,-l- J 1 I 3 Special Interrogatories (set one) Case No. 3:16-CV-01077 MEJ '. .. . . . · SfG(ftf L7tfl 1tfl/2 b611 701ft. It) !vW f'/14-1/- !11 J-1 Y l:_~ J_ tl-1, VvfjJ( C(dMc<Jj 1LJ f-1() 2t ' f!Jitf/. zf VA ( l fJo ltSD S7JtJ) ~ uj 0LJ /? hJf• 1b " · .<i717 7-;-·.. . 9-)t,'. r') . ·=J ·vf- ~ ,.-- "l(i '1~ - ') J ,r · l-~. - ·t..t j_" - . ' femandoyates - Yahoo Mail A llcrne '·'"' Page 1 of 1 Ce:ebrity Sports Ans-.·.·ers 'Neathet U Try FI:O.r Q, All ., ! Fernando. search your mailbox ' ..: t i. ;::] L. :;(!l (') Compose lnho' S~arcJl 1.!&1 ft. Horne Sc arUI 't:eb 1 :'1 ~ <~ -+ ij' AIChi\·e i:J Mo._.e v i] Delete 0 Sp.am v .. , r.~oreo v RE: Yates v. WCCUSD Y< Drafts Sent Is 1imothy Mlllphy <TMurphy@esmlawfirm.com> Archi-,·e To ffrrm ndO'Jcll e; Spam r e b 13 ,,, 3m Pt.• CC Che rie 8'·' 1' Trash Mr. Yates. ) S.niirtVItw.s v Fold~n Unwanted > Rtocf:nt (f) Sponsored SlintonOiily Try f~ To Gasp \",h!n You SH Holt Sha loob tbH 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 [- fi T: (925) 827-3300 F: (925) 827-3320 Statement Pape I r~§J~;~~:olf:J92 ~L.C:iliJQi:n~Uiri.~.<!i~ .:· :.'.l..~S!oJiilii.W:.1'.QiaL..:.; $0.00 YATES, FERNANDO 3'200 TRUXEl ROAD, APT 324 SACMMENTO, CA 96833 $16-l.oe D/ffSumrtiOI)' DEHEFITS $0.00 $0.00 so.oo s1n.zr fO.OO $151.05 Ot/20r.016 $111.71 $11f.JJ ~.00 ~ZIZ-In0f6 DEHfFJT$ $177.27 $0.00 $0.00 Ji77.27 ~~15 . ----~~~----~~----~~~------~~ DIn Sumnt•f)' $111.11 $0,00 $111.11 ·so.oo 317 OJI27n0f1 . ~~~:,, $35~ .~ $0.00 $0.00 O}(pf)9 0 · 811/Svmn>of)' so.oo $JU.H so.oo UU.H DEllEFITS I IAHY.CAI. E!! SHARI! I'I!EWUM '" I MfDlCAI. EC SHAAE PREMIUM I M£DICAI. EE SIIAR!l PREMIUM BENEFITS I IJED!CAI. EESIWlE PREMIUM 3U ~t: Ostl&nOI5 0!11. ~111 ': Bill Sllrtllmf)' DEHEfflS 1 IAEOICI\1. EE 61WlF. PRilMIUM 311 DEHEFITS 50J I MEO:CAI. EE SHARE Pltf.~IIUM ~, ... ~~~~ - Bill Summol)' g:{ftfgft .;, 81/f Summof)'_ D~HE.W&CAL EE SIWlE PREMIUM mot $1~ .oe $1~.()8 : SIU.Of D/1/SummM)' g~g{g $0.00 $0.00 $1U.oa $177.27 SfT1.21 so.oo so.oo $111.21 Sti7!l7 $177.27 $0.00 sm.2i:c $111.21 ~~. 00 $177.2" 7 $0.00 $0.00 $0.00 $0.00 $0.00 $0,00 $117.27 so:oo &117:27 $0.00 Stt1.11 $0.00 $117.27 ~-00 $177.27 $0.00 $0.00 Sln.2T $117.27 ~l'h27 ; $0.00 $0.00 Q ·,:.~' 6ii~i· '!;.~ ', ~31 ·- cso 63;>! ·:j· •·n(.: o(fo.iy'!;:H~f·;'t2o:oiiya~,:;•} ~ :l;~li\(CI<i'St ·;';"\ , :'oU.ac" f';;Ga\'·· .·-;:,;;,l'Oui tiuol ~~ ~M moo ~ ~oo •co ) https://mg.niail.yahoo.com/neo/launch?.rand==8sd6s9lm53hok < 2/16/2017 Page 1 of2 Print Subject: . RE: Health insurance From: Akemi Lund- Payroll (AJLund@val!ejo.k12.ca.us) To: fernandoyates@yahoo.com; 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 (707) 556-8921 ext 500 I G Fax (707) 638-03 !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 (707) 556-8921, ext. 50152 Ji'ax (707) 638-0316 . rloza(@vallcjo.k12.crt.us https://mg.mail.yahoo.com/neo/launch?.rand=8sd6s9lm53hok 2/16/2017 • Page 1 of2 Subject: fwd: Health insurance, delta dental and VSP. From: Fernando Yates {fyates@stanunion.k12.ca.us) 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 (209) 529-9546 On Tlm, Feb 16, 2017 at 1:19PM, Fernando Yates ' Hi Alissa: <f~ya!es(i~:;tanunion.k l2.cn,us> wrote: i I I • 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 ! 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, https://mg.mail.yahoo.com/neo/launch? .rand= 1067usjcjrq2n 2/16/2017 Print Page 1 of 1 Subject: Response to your letter dated MArch 15, 2017 From: Fernando Yates (fernandoyates@yahoo.com) To: tmurphy@esmlawfirm.com; jly@esmlawfirm.com; 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 https ://mg.mail. yahoo .cornlneo/launch? .rand=8 94ace3 k8k2ff 4/24/2017 .I Melissa Phung From: Sent To: Cotton, Cheryl <CCotton@wccusd.net> Friday, March 13, 2015 4:48PM Melissa Phung FW: RE: SLMS Subject: Attachments: imageOOl.gif; image002jpg Follow Up Flag: Flag Status: Follow up Flagged I f' I I ----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 <SLMS@ctc.ca.gov>wrote: > From: SLMS <SLMS @ctc.ca.g-ov.> > Subject: RE: SLMS . >To: "fernandoyateS@yahoo.corn" <fema'ndoyates@yahoo.com> > 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 I i

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