K.D. v. Caliber Changemakers Academy ( 2023 )

1 LAW OFFICES OF WALKUP, MELODIA, KELLY & SCHOENBERGER 2 A PROFESSIONAL CORPORATION 650 CALIFORNIA STREET, 26TH FLOOR 3 SAN FRANCISCO, CALIFORNIA 94108-2615 T: (415) 981-7210 · F: (415) 391-6965 4 KHALDOUN A. BAGHDADI (State Bar #190111) 5 kbaghdadi@walkuplawoffice.com VALERIE N. ROSE (State Bar #272566) 6 vrose@walkuplawoffice.com KELLY L. GANCI (State Bar #335658) 7 kganci@walkuplawoffice.com ATTORNEYS FOR PLAINTIFF K.D., a minor 8 by and through his Guardian ad Litem LAQUANTAE DAVIS 9 10 UNITED STATES DISTRICT COURT 11 EASTERN DISTRICT OF CALIFORNIA 12 K.D., a minor, by and through his Case No. 2:23-cv-00083-DJC-JDP 13 Guardian ad Litem LAQUANTAE DAVIS, STIPULATION AND [PROPOSED] 14 ORDER PERMITTING Plaintiff, DISCLOSURE OF VALLEJO 15 POLICE DEPARTMENT’S v. INVESTIGATION FILE FOR CASE 16 NO. 22-2512 17 CALIBER CHANGEMAKERS ACADEMY, VALLEJO UNIFIED 18 SCHOOL DISTRICT, RACHAEL WEINGARTEN, AISHA FORD and 19 DOES 1-50 inclusive, 20 Defendants. 21 Plaintiff K.D., a minor by and through his Guardian ad Litem LAQUANTAE 22 DAVIS and Defendants, CALIBER CHANGEMAKERS ACADEMY, VALLEJO 23 UNIFIED SCHOOL DISTRICT, RACHAEL WEINGARTEN, AISHA FORD 24 (collectively “Defendants”) and the VALLEJO POLICE DEPARTMENT, through 25 their undersigned counsel, hereby stipulate as follows: 26 IT IS HEREBY STIPULATED by and between the parties hereto that: 27 1. This case arises from Plaintiff K.D.’s allegations that, on multiple dates 1 CHANGEMAKERS ACADEMY in Vallejo, K.D. was repeatedly sexually assaulted by 2 student K.J.W.. Defendants deny any liability for the claims of K.D. 3 2. The Vallejo Police Department has advised it conducted an investigation 4 of Plaintiff’s allegations, spoke to witnesses, and prepared reports relating to its 5 investigation. 6 3. Disclosure of the Vallejo Police Department’s investigation file will 7 assist the parties in prosecution and defense of this lawsuit. Additionally, disclosure 8 of the Vallejo Police Department’s investigation will assist in attempting to resolve 9 the matter. 10 4. According to counsel for Plaintiff, on May 3, 2023, counsel for Plaintiff 11 K.D. issued a subpoena to the Vallejo Police Department seeking its investigation file 12 for Case # 22-2512. On May 31, 2023, the City Attorney objected on behalf of the 13 Vallejo Police Department on the grounds that reports of suspected child abuse are 14 confidential under California law and are subject to criminal and civil penalties for 15 release except to specified individuals under California Penal Code §§ 11169(a) and 16 11167.5(a). See Kelly v. City of San Jose, 114 F.R.D. 653 (N.D. Cal. 1987); Webb v. 17 Cnty. of Stanislaus, 2022 U.S. Dist. LEXIS 26568, *9 (E.D. Cal. 2022). 18 5. According to counsel for Plaintiff, counsel for Plaintiff and counsel for 19 the City of Vallejo have met and conferred and are advised the Vallejo Police 20 Department does not have a particularized concern with release beyond the statutory 21 restrictions and is willing to produce its investigation file for Case #22-2512 pursuant 22 to Court order subject to the conditions set forth herein. 23 6. The parties respectfully request that the Court issue an order directing 24 the Vallejo Police Department to release its investigation file for VPD Case #22-2512 25 to all counsel for the undersigned parties. 26 7. The parties agree that the materials will be used only for the purposes 27 of this litigation and will only be disclosed as indicated in the Protective Order 1 8. The parties further agree that the material released by the Vallejo 2 Police Department shall be deemed to be confidential and subject to the terms of the 3 Protective Order, and the burden shall be on the parties receiving the documents to 4 seek relief from the Protective Order. 5 IT IS SO STIPULATED THROUGH COUNSEL OF RECORD. 6 Dated: September 21, 2023 CITY ATTORNEYS OFFICE 7 By: /S/ Katelyn Knight 8 KATELYN KNIGHT 9 Assistant City Attorney Attorney for Real Party in Interest CITY OF 10 VALLEJO 11 Dated: October 26, 2023 WALKUP, MELODIA, KELLY & SCHOENBERGER 12 By: /S/ Kelly L. Ganci 13 KHALDOUN A. BAGHDADI 14 VALERIE N. ROSE KELLY L. GANCI 15 Attorneys for PLAINTIFF K.D., a minor by and through his Guardian ad Litem 16 LAQUANTAE DAVIS 17 Dated: October 26, 2023 YOUNG MINNEY CORR LLP 18 By: /S/ Mary E. Greene 19 MARY E. GREENE 20 Attorney for Defendants CALIBER CHANGEMAKERS ACADEMY, 21 RACHAEL WEINGARTEN, AISHA FORD 22 23 Dated: October 26, 2023 JOHNSON SCHACHTER & LEWIS 24 By: /S/ Kellie M. Murphy 25 KELLIE M. MURPHY 26 KRISTEN M. CAPRINO Attorney for Defendant 27 VALLEJO CITY UNIFIED SCHOOL DISTRICT 1 ORDER 2 THE PARTIES HAVING STIPULATED THERETO AND GOOD CAUSE 3 || APPEARING THEREFORE, it is hereby ordered that: 4 1. The Vallejo Police Department shall release its investigation file for Case # 22- 5 2512 to all counsel for the parties herein. 6 2. The material released by the Vallejo Police Department shall be used only for 7 the purposes of this litigation and will only be disclosed as indicated in the 8 Protective Order entered herein on July 28, 2023 (Dkt. 34). The material released 9 by the Vallejo Police Department shall be deemed to be confidential and subject to the 10 terms of the Protective Order, and the burden shall be on the parties receiving the 11 documents to seek relief from the Protective Order. 12 13 || IT IS SO ORDERED. 14 / 15 || Dated: _ October 30, 2023 Ws JEREMY D. PETERSON 16 UNITED STATES MAGISTRATE JUDGE 17 18 19 20 21 22 23 24 25 26 27 28