Garedakis v. Brentwood Union School District

Filing 116

ORDER regarding Discovery Letters regarding amended notice to parents 83 , 107 , 108 , 112 . Within five business days, Defendants shall send the final approved version of the amended letter to the parents of students who were in Ms. Holder's classroom from 2005-2012, and to any parents who complained about Ms. Holder during her employment with BUSD. Signed by Judge Donna M. Ryu on 11/02/2015. (dmrlc3, COURT STAFF) (Filed on 11/2/2015)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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MICHAEL GAREDAKIS, et al.,

Case No. 14-cv-04799-PJH (DMR)

Plaintiffs,
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v.

ORDER REGARDING DISCOVERY
LETTERS

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United States District Court
Northern District of California

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BRENTWOOD UNION SCHOOL
DISTRICT, et al.,

Re: Dkt. Nos. 83, 107, 108, 112

Defendants.

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The court has previously determined that Plaintiffs may properly seek the contact

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information for families of students enrolled in Ms. Holder’s classroom from January 2005-2012,

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as well as any families that complained about Ms. Holder during her employment with BUSD.

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Docket No. 98. The court ordered that BUSD send a new notice to these families that supersedes

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the notice that BUSD sent prior to the court’s ruling. Id. The parties were ordered to meet and

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confer and to submit a proposed amended notice consistent with the court’s ruling by October 22,

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2015 for the court’s review and approval. Id.

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The parties were unable to agree on a notice, and submitted multiple competing versions

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on October 26, 2015. Docket Nos. 107: Exhibits A, 107 Exhibit B, 108-1, and 108-2. The court

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instructed the parties to jointly file a document that clearly indicated the disputed language
between the competing versions of the letter. Docket No. 109. In response, and without
permission, Defendants submitted yet another new proposal that was a substantial departure from
language to which it had already agreed. See Docket Nos. 107: Exhibit A and 112-1. The court
will not consider Defendant’s latest proposed letter.
The court attaches the final approved version of the letter. Within five business days of
this order, Defendants shall send it out to the parents of students who were in Ms. Holder’s

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classroom from 2005-2012, and to any parents who complained about Ms. Holder during her

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employment with BUSD.

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IT IS SO ORDERED.
Dated: November 2, 2015
______________________________________
Donna M. Ryu
United States Magistrate Judge

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United States District Court
Northern District of California

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Re: Garedakis v. Brentwood School District, Case No. 3:14-CV-04799 PJH

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Dear Parent:

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United States District Court
Northern District of California

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Please be advised that the law firm of Stubbs and Leone represents the Brentwood Union
School District (“BUSD”) in the above civil lawsuit pending in the United States District Court for
the Northern District of California. You may have previously received a letter from us regarding
this case. The Court has directed us to send you an additional letter containing the following
information:
The lawsuit was filed by MICHAEL GAREDAKIS, TAMARA GAREDAKIS, and M.G.,
a minor by and through his guardian ad litem MICHAEL GAREDAKIS, YOLANDA JACKSON,
and A.G., a minor by and through her guardian ad litem YOLANDA, LAWRENCE GULLO,
DANIELLE GULLO, and B.G., a minor by and through his guardian ad litem DANIELLE
GULLO, KATHRYN MAGUIRE, and M.R., a minor by and through his guardian ad litem
KATHYRN MAGUIRE, VIVIANA ROSE, and B.R., a minor by and through his guardian ad
litem VIVIANA ROSE, AHMAD RAZAQI, DANIA RAZAQI and E.R., a minor by and through
his guardian ad litem DANIA RAZAQI alleging that the minor plaintiffs were enrolled in the
BUSD and were students of a teacher named Dina Holder at various times during the period 2008
to 2012. They contend that the students were subjected to verbal and physical abuse during that
time period. The District has denied these allegations. The plaintiffs are represented by Peter
Alfert of Hinton, Alfert and Kahn in Walnut Creek, California and Todd Boley of the Law Offices
of Todd Boley in Alameda, California.
Plaintiffs have requested that BUSD provide the names and addresses of parents of
children in Dina Holder’s classroom during the time she was employed by BUSD. Plaintiffs seek
this information because they believe that parents of other children are likely to have information
about the conditions in the classroom, Ms. Holder’s conduct toward children and complaints to
administration regarding Ms. Holder. BUSD has been ordered by the Court to provide your
contact information, and to give you an opportunity to object to it being provided.
The contact information after it is released will be treated as confidential under a protective
order signed by Judge Phyllis J. Hamilton. The protective order provides that the information may
only be used only for the purpose of the litigation. The information can only be released to the
parties and their attorneys. The contact information may not be released to any other party or for
any other purpose. The plaintiffs are required to return the contact information to BUSD’s
attorneys at the conclusion of the case and to destroy any copies. The protective order is attached.
BUSD is not releasing any other information in your student’s files other than your contact
information. If you are contacted by counsel for either side, you are not required to provide any
information or to even to speak to them.

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If you object to the release of your personal contact information, please contact United
States Magistrate Judge Donna M. Ryu in writing at Oakland Courthouse, Courtroom 4 - 3rd
Floor, 1301 Clay Street, Oakland, CA 94612 by using the enclosed form and stamped envelope.
Please return this form within 30 days of this letter if you are objecting to the release of this
personal information. Use the form to explain the reasons for your objection. Judge Ryu will
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review your objection and will decide whether your information should be released.

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Very truly yours,

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Louis A. Leone Esq.

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United States District Court
Northern District of California

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OBJECTION TO DISCLOSURE OF CONFIDENTIAL CONTACT INFORMATION
Dear Magistrate Judge Ryu:

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I, _________________, am the mother/father/legal guardian of the special needs student

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referenced in this letter. I have read and understand the letter that I received from the attorneys for

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the Brentwood Union School District regarding the release of my family’s contact information,

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and I hereby object to the release of that information. I do not want this information released for

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the following reasons:

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_______________________________________________________________________________

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_______________________________________________________________________________

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_______________________________________________________________________________

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United States District Court
Northern District of California

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_______________________________________________________________________________

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Dated: _________________

_________________________
Parent/Legal Guardian

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