K.D. v. Caliber Changemakers Academy

1 LAW OFFICES OF WALKUP, MELODIA, KELLY & SCHOENBERGER 2 A PROFESSIONAL CORPORATION CALIFORNIA STREET, 26TH FLOOR 3 SAN FRANCISCO, CALIFORNIA 94108-2615 T: (415) 981-7210 · F: (415) 391-6965 KHALDOUN A. BAGHDADI (State Bar #190111) [email protected] VALERIE N. ROSE (State Bar #272566) [email protected] KELLY L. GANCI (State Bar #335658) [email protected] ATTORNEYS FOR PLAINTIFF K.D., a minor by and through his Guardian ad Litem LAQUANTAE DAVIS UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA K.D., a minor, by and through his Case No. 2:23-cv-00083-DJC-JDP Guardian ad Litem LAQUANTAE DAVIS, STIPULATION AND [PROPOSED] 14 ORDER PERMITTING Plaintiff, DISCLOSURE OF VALLEJO 15 POLICE DEPARTMENT’S v. INVESTIGATION FILE FOR CASE NO. 22-2512 CALIBER CHANGEMAKERS ACADEMY, VALLEJO UNIFIED SCHOOL DISTRICT, RACHAEL WEINGARTEN, AISHA FORD and DOES 1-50 inclusive, 20 Defendants.

21 Plaintiff K.D., a minor by and through his Guardian ad Litem LAQUANTAE DAVIS and Defendants, CALIBER CHANGEMAKERS ACADEMY, VALLEJO UNIFIED SCHOOL DISTRICT, RACHAEL WEINGARTEN, AISHA FORD (collectively “Defendants”) and the VALLEJO POLICE DEPARTMENT, through their undersigned counsel, hereby stipulate as follows: 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 CHANGEMAKERS ACADEMY in Vallejo, K.D. was repeatedly sexually assaulted by 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 of Plaintiff’s allegations, spoke to witnesses, and prepared reports relating to its investigation.

6 3. Disclosure of the Vallejo Police Department’s investigation file will assist the parties in prosecution and defense of this lawsuit. Additionally, disclosure of the Vallejo Police Department’s investigation will assist in attempting to resolve the matter.

10 4. According to counsel for Plaintiff, on May 3, 2023, counsel for Plaintiff K.D. issued a subpoena to the Vallejo Police Department seeking its investigation file for Case # 22-2512. On May 31, 2023, the City Attorney objected on behalf of the Vallejo Police Department on the grounds that reports of suspected child abuse are confidential under California law and are subject to criminal and civil penalties for release except to specified individuals under California Penal Code §§ 11169(a) and 11167.5(a). See Kelly v. City of San Jose, 114 F.R.D. 653 (N.D. Cal. 1987); Webb v. 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 the City of Vallejo have met and conferred and are advised the Vallejo Police Department does not have a particularized concern with release beyond the statutory restrictions and is willing to produce its investigation file for Case #22-2512 pursuant to Court order subject to the conditions set forth herein.

23 6. The parties respectfully request that the Court issue an order directing the Vallejo Police Department to release its investigation file for VPD Case #22-2512 to all counsel for the undersigned parties.

26 7. The parties agree that the materials will be used only for the purposes 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 Police Department shall be deemed to be confidential and subject to the terms of the Protective Order, and the burden shall be on the parties receiving the documents to seek relief from the Protective Order.

5 IT IS SO STIPULATED THROUGH COUNSEL OF RECORD.

Dated: September 21, 2023 CITY ATTORNEYS OFFICE By: /S/ Katelyn Knight KATELYN KNIGHT 9 Assistant City Attorney Attorney for Real Party in Interest CITY OF VALLEJO Dated: October 26, 2023 WALKUP, MELODIA, KELLY & SCHOENBERGER By: /S/ Kelly L. Ganci 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 LAQUANTAE DAVIS Dated: October 26, 2023 YOUNG MINNEY CORR LLP By: /S/ Mary E. Greene MARY E. GREENE 20 Attorney for Defendants CALIBER CHANGEMAKERS ACADEMY, 21 RACHAEL WEINGARTEN, AISHA FORD

23 Dated: October 26, 2023 JOHNSON SCHACHTER & LEWIS 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 || 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.

13 || IT IS SO ORDERED.

14 / || Dated: _ October 30, 2023 Ws JEREMY D. PETERSON 16 UNITED STATES MAGISTRATE JUDGE