Solano-Reed v. The Leona Group LLC et al
Filing
58
ORDER granting in part and denying in part 43 Motion to Compel. Signed by Magistrate Judge Mark A. Randon. (Miles, M)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
HELENA SOLANO-REED a/k/a
HELENA SOLANO,
Case No. 2:11-cv-14245
HON. MARIANNE O. BATTANI
MAG. JUDGE MARK A. RANDON
Plaintiff,
vs.
THE LEONA GROUP, L.L.C.;
JAVIER GARIBAY; and JUAN MARTINEZ;
jointly and severally, as well as
individually and/or in their official
capacities;
Defendants.
__________________________________________________________________
GARY T. MIOTKE (P41813)
HARVEY R. HELLER (P27351)
Attorney for Plaintiff
KATHLEEN H. KLAUS (P67207)
6828 Park Avenue
Maddin, Hauser, Wartell, Roth & Heller, P.C.
Allen Park, MI 48101
Attorneys for Defendants
(313) 388-4809
28400 Northwestern Highway, 3rd Floor
gmiotke@miotkelawoffice.com
Southfield, MI 48034
(248) 359-7520
khk@maddinhauser.com
_________________________________________________________________
ORDER REGARDING PLAINTIFF’S SECOND MOTION TO COMPEL
DISCOVERY
The Plaintiff having filed her second motion to compel discovery, the Court having
conducted a hearing with respect to the motion, and the Court being otherwise fully advised in
the premises;
IT IS HEREBY ORDERED as follows:
1.
Plaintiff’s motion to compel (Document #43) is granted in part and denied in
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part as follows:
(a) With respect to Plaintiff’s First Request for Admissions, the Defendants shall serve
supplemental answers to those requests for admissions pertaining to pupil headcounts reported
for pupils in Grade 10 for the school years during which the Plaintiff was employed by
Defendant, The Leona Group, LLC. More specifically, this means that the Defendants shall
serve supplemental answers to Requests for Admissions 9, 10, 11, 12, 13, and 14.
(b) The Defendants shall serve a supplemental answer to Interrogatory No. 15
consistent with the following. The answer shall list every student reported as being in grade
11 for purposes of the Michigan Student Database System (“MSDS”) Fall 2010 pupil count.
For each such student, the Defendants shall state his or her partially redacted Cesar Chavez
High School student identification number (as described in subparagraph (c) below), the
credits he or she had at the time the MME was administered in or around March 2011, and
whether he or she took the MME when it was administered in or around March 2011. If the
student did not take the MME when it was administered in or around March 2011, then the
answer shall also state whether the student took the MI-Access in March 2011. .
(c) In supplementing their answers and responses, the Defendants may redact the
names of students and any other personally identifiable information about students. However,
the Defendants may only redact the students’ State of Michigan student identification numbers
and the students’ Cesar Chavez High School student identification numbers to the extent that
such redaction is consistent with what is stated in the following sentence. The Defendants
shall not redact the last three (3) digits of the students’ State of Michigan student identification
numbers or the last three (3) digits of the students’ Cesar Chavez High School student
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identification numbers.
(d) With respect to Request T. of Plaintiff's Third Request To Produce To Defendants,
the Defendants shall serve any written employment contract Defendant, THE LEONA
GROUP L.L.C. had with Linette Garza for the 2011-2012 school year. However, Plaintiff’s
counsel shall not share this document with the Plaintiff or any one else unless and until this
Court permits him to do so. Nothing in this paragraph shall be construed to reflect a prejudgment by the Court with respect to whether Plaintiff’s counsel may ultimately share this
document with the Plaintiff. Instead, if it becomes necessary to do so, this Court will consider
the issue de novo without deference to what is stated in this Order.
(e) With respect to Request U. of Plaintiff's Third Request To Produce To Defendants,
the Defendants shall serve any employee or staff performance review or evaluation done by
Defendant, THE LEONA GROUP, L.L.C. and/or by Defendant, JUAN MARTINEZ for
Linette Garza for the 2010-2011 school year. However, Plaintiff’s counsel shall not share this
document with the Plaintiff or any one else unless and until this Court permits him to do so.
Nothing in this paragraph shall be construed to reflect a pre-judgment by the Court with
respect to whether Plaintiff’s counsel may ultimately share this document with the Plaintiff.
Instead, if it becomes necessary to do so, this Court will consider the issue de novo without
deference to what is stated in this Order.
(f) With respect to Request V. of Plaintiff's Third Request To Produce To Defendants,
the Defendants shall serve any agreement between Defendant, THE LEONA GROUP, L.L.C.,
and The Cesar Chavez Academy related to the operation and/or management of the Cesar
Chavez Academy High School by THE LEONA GROUP, L.L.C.
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(g) With respect to Request W. of Plaintiff's Third Request To Produce To Defendants,
the Defendants shall serve any documents and/or things executed by or on behalf of Saginaw
Valley State University authorizing The Cesar Chavez Academy to operate The Cesar Chavez
Academy High School.
(h) With respect to Request X. of Plaintiff's Third Request To Produce To Defendants,
the Defendants have indicated that they have served all responsive items that they currently
have. If any additional item is received by the Defendants in the future, the Defendants shall
serve a supplemental response or supplemental responses with respect to it or them.
(i) With respect to Request Y. of Plaintiff's Third Request To Produce To Defendants,
the Defendants shall serve any exhibits to Defendant, JUAN MARTINEZ’ unsworn
declaration that they previously submitted to the Court in support of the Defendants’ motion
for summary judgment if the following applies. If any of the exhibits was submitted with a
fully redacted student identification number, then the Defendants shall serve the exhibit on the
Plaintiff with only partially redacted identification numbers as described in subparagraph (c)
above.
(j) With respect to Request AA. of Plaintiff's Third Request To Produce To
Defendants, the Defendants shall serve any audited head counts described as follows. The
audited head count is for either the 2009/2010 school year or the 2010/2011 school year; it
pertains to pupils reported to be in either grade 10 or grade 11; and it pertains to either a fall or
a spring head count. In producing these documents and/or things, the Defendants shall serve
them with only partially redacted identification numbers as described in subparagraph (c)
above.
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(k) With respect to Request AB. of Plaintiff's Third Request To Produce To
Defendants, the Defendants’ service of any supplemental response will be depend on
information Defendants’ attorney confirms with her clients.
The parties’ attorneys are
currently under the impression that the report cards issued at any time during the 2010-2011
school year for all students of The Cesar Chavez Academy High School who were reported at
any time during the 2010-2011 school year to be in Grade 11 for purposes of any Michigan
Student Database System (“MSDS”) pupil count showed the students to be in Grade 11
regardless of the number of credits the students had. If Defendants’ attorney confirms this to
be true, then she shall serve Plaintiff’s counsel with a supplemental response to Request AB.
confirming this fact; and the Defendants will not have to provide any further response to
Request AB. If Defendants’ attorney does not confirm this fact to be true, then she shall
notify Plaintiff’s counsel of this fact in writing. Thereafter, the parties shall bring the issue of
the propriety of the response to Request AB. to the Court’s attention.
2. The information and documents ordered to be produced pursuant to this Order shall
be served on or before December 4, 2012.
s/Mark A. Randon
MARK A. RANDON
UNITED STATES MAGISTRATE JUDGE
Dated: November 13, 2012
Certificate of Service
I hereby certify that a copy of the foregoing document was served on the parties of record on this date,
November 13, 2012, by electronic and/or first class U.S. mail.
s/Melody R. Miles
Case Manager to Magistrate Judge Mark A. Randon
(313) 234-5542
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Approved as to form only for entry.
s/GARY T. MIOTKE
GARY T. MIOTKE (P41813)
Attorney for Plaintiff
s/with consent of KATHLEEN H. KLAUS
HARVEY R. HELLER (P27351)
KATHLEEN H. KLAUS (P67207)
Maddin, Hauser, Wartell, Roth & Heller, P.C.
Attorneys for Defendants
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