Opinion
Sloan R. Simmons, Marcella L. Gutierrez, Jessica Gasbarro, LOZANO SMITH Sacramento, CA Attorneys for Defendants Dry Creek Joint Elementary School District, Mark Geyer, Lynn Barbaria, Andrew Giannini and Evonne Rogers
HEATH A. HAVEY Attorney for Plaintiff Rebecca Havey and Minor Plaintiff Everett H., as Plaintiff Pro Se and as Guardian ad Litem for Minor Plaintiff Everett H.
STIPULATION AND ORDER RE: SCOPE OF PENDING SUBPOENAS SERVED ON THIRD PARTIES SAN JUAN UNIFIED SCHOOL DISTRICT AND VISIONS IN EDUCATION
DALE A. DROZD, Magistrate Judge.
Plaintiffs Heath Havey, Rebecca Havey and Everett H. ("Plaintiffs")and Defendants Dry Creek Joint Elementary School District, Mark Geyer, Lynn Barbaria, Andrew Giannini and Evonne Rogers ("Defendants"), by and through their respective counsel, jointly stipulate as follows:
1. On September 30, 2015, Defendants provided notice to Plaintiffs of their intent to serve subpoenas duces tecum ("Subpoenas") on third parties San Juan Unified School District and Visions in Education (the "Third Parties"), and to do so on October 2, 2015;
2. On October 2, 2015, Defendants served the Subpoenas on the Third Parties, and the Subpoenas set forth a date for compliance of October 19, 2015;
3. Between October 5, 2015 through October 14, 2015, Plaintiffs and Defendants exchanged several written communications regarding the Subpoenas;
4. On October 12, 2015, Plaintiffs filed a Motion to Quash the Subpoenas, and supporting papers;
5. Plaintiffs and Defendants participated in a conference call with the Honorable Chief Magistrate Judge Drozd on October 14, 2015, during which the parties agreed upon a resolution to the parties' dispute regarding the Subpoenas;
6. The parties agree to modify the description of the documents that the Third Parties are commanded to produce pursuant to the Subpoenas as follows:
Any and all educational Records relating to Everett H[REDACTED\], DOB /03, including but not limited to educational assessments, evaluation reports, signed individualized education plans, progress reports, report cards, enrollment records, attendance records, standardized testing records, health records, and communications with Everett's parents regarding these records, redacting all private information not specifically responsive to the categories delineated above.
7. Based upon the agreed upon modifications in paragraph 6, the Third Parties are commanded to produce the following documents pursuant to the Subpoenas:
Records relating to Everett H[REDACTED\], DOB 9/1/03, including educational assessments, evaluation reports, signed individualized education plans, progress reports, report cards, enrollment records, attendance records, standardized testing records, and communications with Everett's parents regarding these records, redacting all private information not specifically responsive to the categories delineated above.
8. The parties further agree to enter into the form Stipulated Protective Order for Standard Litigation utilized by the U.S. District Courts in California, which is filed and submitted separately but concurrently with this Stipulation, and will be provided by Defendants to the Third Parties at least two days prior to the date the Third Parties are required to respond to the Subpoenas. The Third Parties shall be deemed "Designating Parties" as that term is defined in the Stipulated Protective Order for Standard Litigation.
9. The parties further agree to bear their own attorneys' fees and costs as it relates to the Parties' dispute regarding the Subpoenas and Plaintiffs' Motion to Quash.
10. By agreeing to this Stipulation, Plaintiffs do not waive any rights as to alleging that the Subpoenas, even as amended, are overbroad, irrelevant, and violative of the Family Educational Rights and Privacy Act ("FERPA") or the privacy rights of Everett H. and any other affected parties under the federal and state Constitutions, or that any of the requested documents are admissible evidence.
ORDER
Based upon the Stipulation between Plaintiffs Heath Havey, Rebecca Havey and Everett H. ("Plaintiffs") and Defendants Dry Creek Joint Elementary School District, Mark Geyer, Lynn Barbaria, Andrew Giannini and Evonne Rogers ("Defendants"), by and through their respective counsel, executed and filed with the Court on October 15, 2015, and GOOD CAUSE APPEARING THEREFORE:
The description of the documents which Third Parties San Juan Unified School District and Visions in Education are commanded to produce pursuant to the subpoenas served on the Third Parties by Defendant Dry Creek Elementary School District et al., is modified as follows:
Records relating to Everett H[REDACTED\], DOB 9/1/03, including educational assessments, evaluation reports, signed individualized education plans, progress reports, report cards, enrollment records, attendance records, standardized testing records, and communications with Everett's parents regarding these records, redacting all private information not specifically responsive to the categories delineated above.
Additionally, pursuant to the parties' Stipulation, the Court will order the Stipulated Protective Order for Standard Litigation ("Protective Order"), filed and submitted separately but concurrently herewith. Third Parties San Juan Unified School District and Visions in Education are deemed "Designating Parties" as that term is defined in the Protective Order.
IT IS SO ORDERED.