Preview
1 JOHN C. MANLY, Esq. (State Bar No. 149080)
VINCE W. FINALDI, Esq. (State Bar No. 238279)
2 ALEX E. CUNNY, Esq. (State Bar No. 291567)
COURTNEY P. PENDRY, Esq. (State Bar No. 327382)
3 MANLY, STEWART & FINALDI
19100 Von Karman Ave., Suite 800
4 Irvine, CA 92612
Telephone: (949) 252-9990
5 Fax: (949) 252-9991
6 Attorneys for Plaintiff, JANE BE DOE
7
SUPERIOR COURT OF THE STATE OF CALIFORNIA
8
COUNTY OF MONTEREY
9
10
JANE BE DOE an individual, Case No. 21CV000805
11 Judge: Hon. Thomas W. Wills
MANLY STEWART FINALDI
Plaintiff, Department: 15
12
19100 Von Karman Avenue, Suite 800
vs.
NOTICE OF PLAINTIFF’S MOTION AND
Telephone (949) 252-9990
13
Irvine, California 92612
BIG BROTHERS BIG SISTERS OF MOTION TO SEAL RECORDS
14 AMERICA, a California corporation; BIG PURSUANT TO C.R.C. 2.550, ET SEQ. FOR
BROTHERS BIG SISTERS OF MONTEREY EVIDENCE LODGED IN SUPPORT OF
15 COUNTY, a California corporation; BOYS & PLAINTIFF’S OPPOSITION TO MOTION
GIRLS CLUBS OF MONTEREY COUNTY, FOR SUMMARY JUDGMENT;
16 a California corporation; JON DAVID
WOODY, an individual; and DOES 1-50, MEMORANDUM OF POINTS AND
17 inclusive, AUTHORITIES; DECLARATION OF
COURTNEY P. PENDRY
18 Defendants.
[Filed concurrently with Opposition,
19 Declaration of Courtney P. Pendry; Objections
to Evidence; Notice of Lodgment of
20 Conditionally Sealed Evidence; Compendium of
Evidence; and Request for Judicial Notice]
21
Hearing Date: December 1, 2023
22 Time: 8:30 am
Dept: 15
23
24 Date Action Filed: March 12, 2021
Trial Date: January 29, 2024
25
26
TO THE COURT, ALL PARTIES AND THEIR ATTORNEYS OF RECORD:
27
PLEASE TAKE NOTICE the Plaintiff Jane BE Doe, brings the instant Motion to Records
28
PLAINTIFF'S MOTION TO SEAL RECORDS, PURSUANT TO C.R.C. 2.550, ET SEQ. FOR EVIDENCE
LODGED IN SUPPORT OF PLAINTIFF'S OPPOSITION TO MSJ
1 lodged conditionally under seal in support of Plaintiff’s Opposition to Defendant Boys and Girls
2 Club of Monterey County (“BGC”) Motion for Summary Judgment (“Opposition”), pursuant to
3 California Rule of Court 2.550, et seq.
4 The plaintiff brings this Motion to Seal several records lodged in support of Plaintiff’s
5 Opposition, on the basis that they were previously designated as “Confidential” pursuant to the
6 Stipulated Protective Order (“SPO”), and that the five (5) factors listed under CRC 2.550 for sealing
7 are all satisfied for these records to be sealed. Specifically, the Plaintiff seeks to have the following
8 records sealed:
9 EXHIBIT NUMBER AND PARAGRAPH
10 IN DECLARATION OF COURTNEY P. EXHIBIT DESCRIPTION
11 PENDRY ("DCP")
MANLY STEWART FINALDI
12 “2”
19100 Von Karman Avenue, Suite 800
BBBSA_000318
Telephone (949) 252-9990
13 (DCP ¶ 4)
Irvine, California 92612
14 “3”
BBBSA_000304
15 (DCP ¶ 5)
16 “4”
Deposition of Marc Russo
17 (DCP ¶ 6)
18 “5”
Deposition of Phil Wilhelm
19 (DCP ¶ 7)
20 “6”
Deposition of Brenda Roncarati
21 (DCP ¶ 8)
22 “7”
Deposition of Peter Baird
23 (DCP ¶ 9)
24 “9”
Deposition of Mattthew Ottone
25 (DCP ¶ 11)
26 “11”
Deposition of Donna Ferraro
27 (DCP ¶ 13)
28
2
PLAINTIFF'S MOTION TO SEAL RECORDS, PURSUANT TO C.R.C. 2.550, ET SEQ. FOR EVIDENCE
LODGED IN SUPPORT OF PLAINTIFF'S OPPOSITION TO BGC’S MSJ
1 “12”
Deposition of Cynthia Peck
2 (DCP ¶ 14)
3 “13”
Deposition of Tom Gray
4 (DCP ¶ 15)
5 “14”
Deposition of Margaret Schulte
6 (DCP ¶ 16)
7 “15”
BBBSA-000290
8 (DCP ¶ 17)
9 “16”
BBBSA_000331-362
10 (DCP ¶ 18)
11 “17”
MANLY STEWART FINALDI
BBBSA_000305
12 (DCP ¶ 19)
19100 Von Karman Avenue, Suite 800
Telephone (949) 252-9990
13 “18”
Irvine, California 92612
Jane Doe 2 Interview
14 (DCP ¶ 20)
15 “20”
Deposition of Jon David Woody
16 (DCP ¶22)
17 “34”
Deposition of Ricky Nguyen
18 (DCP ¶ 36)
19 “43”
BBBSA_000423
20 (DCP ¶ 45)
21 “44”
BBBSA-000434-436
22 (DCP ¶ 46)
23 “45” John L. Kirby & Associates Documents
24 (DCP ¶ 47) Produced 05/18/2022
25
“46” PRIVBBBSA_000019-20
26
(DCP ¶ 48)
27
“49” Noland Hamerly Letter Dated 03/17/2011
28
3
PLAINTIFF'S MOTION TO SEAL RECORDS, PURSUANT TO C.R.C. 2.550, ET SEQ. FOR EVIDENCE
LODGED IN SUPPORT OF PLAINTIFF'S OPPOSITION TO BGC’S MSJ
1 (DCP ¶ 51)
2 “50”
BBBSA_000422
3 (DCP ¶ 52)
4
5
6
7 Based on the five (5) factors of CRC 2.550(d), the Plaintiff’s motion should be granted:
8 1. There is an overriding interest in protecting the privacy of the Plaintiff, a minor
9 sexual abuse victim (the Plaintiff), other minor children and sensitive law
10 enforcement records that were produced for the investigation of those acts of
11 childhood sexual assault. As such, there is an overriding privacy interest of these
MANLY STEWART FINALDI
12 third-parties in protecting this information
19100 Von Karman Avenue, Suite 800
Telephone (949) 252-9990
13 2. This interest in privacy supports the sealing, considering these records raise grave
Irvine, California 92612
14 issues of identifying the Plaintiff (and other minor children) publicly if allowed to go
15 into the public record;
16 3. In the event the Court denies this Motion, this minor third-parties will have these
17 materials filed publicly, potentially outing the Plaintiff and other minors publicly.
18 There is no reason for these materials not to be sealed, as it implicates the privacy
19 rights of minors who have had no opportunity to object or even know the materials
20 exists (as no contact information exists, or other identifying information);
21 4. The proposed sealing is narrowly tailored, considering that these minimal materials
22 are only a portion upon which the Court is expected to adjudicate the MSJ, and is all
23 that is sought to be excluded from the public record;
24 5. Sealing these materials is the only way in which it can be protected from public
25 disclosure.
26 This Motion is grounded in this Notice, the attached Motion and Memorandum of Points and
27 Authorities, the Declaration of Courtney P. Pendry, the entirety of the files and records in this case,
28 and upon any argument or evidence, documentary, oral or other, raised at the hearing of the Motion.
4
PLAINTIFF'S MOTION TO SEAL RECORDS, PURSUANT TO C.R.C. 2.550, ET SEQ. FOR EVIDENCE
LODGED IN SUPPORT OF PLAINTIFF'S OPPOSITION TO BGC’S MSJ
1 DATED: August 25, 2023 MANLY, STEWART & FINALDI
2
3
By:
4 COURTNEY P. PENDRY, Esq.
Attorney for Plaintiff,
5 JANE BE DOE
6
7
8
9
10
11
MANLY STEWART FINALDI
12
19100 Von Karman Avenue, Suite 800
Telephone (949) 252-9990
13
Irvine, California 92612
14
15
16
17
18
19
20
21
22
23
24
25
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27
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5
PLAINTIFF'S MOTION TO SEAL RECORDS, PURSUANT TO C.R.C. 2.550, ET SEQ. FOR EVIDENCE
LODGED IN SUPPORT OF PLAINTIFF'S OPPOSITION TO BGC’S MSJ
1 MEMORANDUM OF POINTS AND AUTHORITIES
2 I. INTRODUCTION AND FACTUAL BACKGROUND
3 The instant action arises from the childhood sexual abuse of Jane BE Doe (“Plaintiff”) by
4 Defendant Jon David Woody (“Woody”), when he sexually abused the Plaintiff repeatedly from in
5 or around March 2000 until in or around June 2002, while acting as her mentor through Big Brothers
6 Big Sisters of Monterey County. During discovery, Defendant Big Brothers Big Sisters of America
7 (“BBBSA”) produced various documents in this matter, under the Stipulated Protective Order.
8 Additionally, the Monterey County Sheriff’s Office produced the police reports in this matter.
9 Pursuant to California Rule of Court Rule 2.551, those records have been lodged conditionally under
10 seal, subject to the instant Motion being granted and/or ruled upon. This motion is brought to protect
11 the identities of the Plaintiff, as well as other minors, who are referenced in these materials.
MANLY STEWART FINALDI
12 For the foregoing reasons, the Plaintiff requests that the Court grant the instant sealing,
19100 Von Karman Avenue, Suite 800
Telephone (949) 252-9990
13 accept these records filed with the Plaintiff's MSJ Opposition as "Conditionally Under Seal" as being
Irvine, California 92612
14 sealed, and allow the MSJ to proceed. There are no other more efficient means through which to
15 obtain this privacy protection for the Plaintiff or these third-party minors. Specifically, sealing is
16 sought for the following records:
17 EXHIBIT NUMBER AND PARAGRAPH
18 IN DECLARATION OF COURTNEY P. EXHIBIT DESCRIPTION
19 PENDRY ("DCP")
20 “2”
BBBSA_000318
21 (DCP ¶ 4)
22 “3”
BBBSA_000304
23 (DCP ¶ 5)
24 “4”
Deposition of Marc Russo
25 (DCP ¶ 6)
26 “5”
Deposition of Phil Wilhelm
27 (DCP ¶ 7)
28
6
PLAINTIFF'S MOTION TO SEAL RECORDS, PURSUANT TO C.R.C. 2.550, ET SEQ. FOR EVIDENCE
LODGED IN SUPPORT OF PLAINTIFF'S OPPOSITION TO BGC’S MSJ
1 “6”
Deposition of Brenda Roncarati
2 (DCP ¶ 8)
3 “7”
Deposition of Peter Baird
4 (DCP ¶ 9)
5 “9”
Deposition of Mattthew Ottone
6 (DCP ¶ 11)
7 “11”
Deposition of Donna Ferraro
8 (DCP ¶ 13)
9 “12”
Deposition of Cynthia Peck
10 (DCP ¶ 14)
11 “13”
MANLY STEWART FINALDI
Deposition of Tom Gray
12 (DCP ¶ 15)
19100 Von Karman Avenue, Suite 800
Telephone (949) 252-9990
13 “14”
Irvine, California 92612
Deposition of Margaret Schulte
14 (DCP ¶ 16)
15 “15”
BBBSA-000290
16 (DCP ¶ 17)
17 “16”
BBBSA_000331-362
18 (DCP ¶ 18)
19 “17”
BBBSA_000305
20 (DCP ¶ 19)
21 “18”
Jane Doe 2 Interview
22 (DCP ¶ 20)
23 “20”
Deposition of Jon David Woody
24 (DCP ¶22)
25
“34”
26 Deposition of Ricky Nguyen
(DCP ¶ 36)
27
“43” BBBSA_000423
28
7
PLAINTIFF'S MOTION TO SEAL RECORDS, PURSUANT TO C.R.C. 2.550, ET SEQ. FOR EVIDENCE
LODGED IN SUPPORT OF PLAINTIFF'S OPPOSITION TO BGC’S MSJ
1 (DCP ¶ 45)
2 “44”
BBBSA-000434-436
3 (DCP ¶ 46)
4 “45”
Preview
1 JOHN C. MANLY, Esq. (State Bar No. 149080) VINCE W. FINALDI, Esq. (State Bar No. 238279) 2 ALEX E. CUNNY, Esq. (State Bar No. 291567) COURTNEY P. PENDRY, Esq. (State Bar No. 327382) 3 MANLY, STEWART & FINALDI 19100 Von Karman Ave., Suite 800 4 Irvine, CA 92612 Telephone: (949) 252-9990 5 Fax: (949) 252-9991 6 Attorneys for Plaintiff, JANE BE DOE 7 SUPERIOR COURT OF THE STATE OF CALIFORNIA 8 COUNTY OF MONTEREY 9 10 JANE BE DOE an individual, Case No. 21CV000805 11 Judge: Hon. Thomas W. Wills MANLY STEWART FINALDI Plaintiff, Department: 15 12 19100 Von Karman Avenue, Suite 800 vs. NOTICE OF PLAINTIFF’S MOTION AND Telephone (949) 252-9990 13 Irvine, California 92612 BIG BROTHERS BIG SISTERS OF MOTION TO SEAL RECORDS 14 AMERICA, a California corporation; BIG PURSUANT TO C.R.C. 2.550, ET SEQ. FOR BROTHERS BIG SISTERS OF MONTEREY EVIDENCE LODGED IN SUPPORT OF 15 COUNTY, a California corporation; BOYS & PLAINTIFF’S OPPOSITION TO MOTION GIRLS CLUBS OF MONTEREY COUNTY, FOR SUMMARY JUDGMENT; 16 a California corporation; JON DAVID WOODY, an individual; and DOES 1-50, MEMORANDUM OF POINTS AND 17 inclusive, AUTHORITIES; DECLARATION OF COURTNEY P. PENDRY 18 Defendants. [Filed concurrently with Opposition, 19 Declaration of Courtney P. Pendry; Objections to Evidence; Notice of Lodgment of 20 Conditionally Sealed Evidence; Compendium of Evidence; and Request for Judicial Notice] 21 Hearing Date: December 1, 2023 22 Time: 8:30 am Dept: 15 23 24 Date Action Filed: March 12, 2021 Trial Date: January 29, 2024 25 26 TO THE COURT, ALL PARTIES AND THEIR ATTORNEYS OF RECORD: 27 PLEASE TAKE NOTICE the Plaintiff Jane BE Doe, brings the instant Motion to Records 28 PLAINTIFF'S MOTION TO SEAL RECORDS, PURSUANT TO C.R.C. 2.550, ET SEQ. FOR EVIDENCE LODGED IN SUPPORT OF PLAINTIFF'S OPPOSITION TO MSJ 1 lodged conditionally under seal in support of Plaintiff’s Opposition to Defendant Boys and Girls 2 Club of Monterey County (“BGC”) Motion for Summary Judgment (“Opposition”), pursuant to 3 California Rule of Court 2.550, et seq. 4 The plaintiff brings this Motion to Seal several records lodged in support of Plaintiff’s 5 Opposition, on the basis that they were previously designated as “Confidential” pursuant to the 6 Stipulated Protective Order (“SPO”), and that the five (5) factors listed under CRC 2.550 for sealing 7 are all satisfied for these records to be sealed. Specifically, the Plaintiff seeks to have the following 8 records sealed: 9 EXHIBIT NUMBER AND PARAGRAPH 10 IN DECLARATION OF COURTNEY P. EXHIBIT DESCRIPTION 11 PENDRY ("DCP") MANLY STEWART FINALDI 12 “2” 19100 Von Karman Avenue, Suite 800 BBBSA_000318 Telephone (949) 252-9990 13 (DCP ¶ 4) Irvine, California 92612 14 “3” BBBSA_000304 15 (DCP ¶ 5) 16 “4” Deposition of Marc Russo 17 (DCP ¶ 6) 18 “5” Deposition of Phil Wilhelm 19 (DCP ¶ 7) 20 “6” Deposition of Brenda Roncarati 21 (DCP ¶ 8) 22 “7” Deposition of Peter Baird 23 (DCP ¶ 9) 24 “9” Deposition of Mattthew Ottone 25 (DCP ¶ 11) 26 “11” Deposition of Donna Ferraro 27 (DCP ¶ 13) 28 2 PLAINTIFF'S MOTION TO SEAL RECORDS, PURSUANT TO C.R.C. 2.550, ET SEQ. FOR EVIDENCE LODGED IN SUPPORT OF PLAINTIFF'S OPPOSITION TO BGC’S MSJ 1 “12” Deposition of Cynthia Peck 2 (DCP ¶ 14) 3 “13” Deposition of Tom Gray 4 (DCP ¶ 15) 5 “14” Deposition of Margaret Schulte 6 (DCP ¶ 16) 7 “15” BBBSA-000290 8 (DCP ¶ 17) 9 “16” BBBSA_000331-362 10 (DCP ¶ 18) 11 “17” MANLY STEWART FINALDI BBBSA_000305 12 (DCP ¶ 19) 19100 Von Karman Avenue, Suite 800 Telephone (949) 252-9990 13 “18” Irvine, California 92612 Jane Doe 2 Interview 14 (DCP ¶ 20) 15 “20” Deposition of Jon David Woody 16 (DCP ¶22) 17 “34” Deposition of Ricky Nguyen 18 (DCP ¶ 36) 19 “43” BBBSA_000423 20 (DCP ¶ 45) 21 “44” BBBSA-000434-436 22 (DCP ¶ 46) 23 “45” John L. Kirby & Associates Documents 24 (DCP ¶ 47) Produced 05/18/2022 25 “46” PRIVBBBSA_000019-20 26 (DCP ¶ 48) 27 “49” Noland Hamerly Letter Dated 03/17/2011 28 3 PLAINTIFF'S MOTION TO SEAL RECORDS, PURSUANT TO C.R.C. 2.550, ET SEQ. FOR EVIDENCE LODGED IN SUPPORT OF PLAINTIFF'S OPPOSITION TO BGC’S MSJ 1 (DCP ¶ 51) 2 “50” BBBSA_000422 3 (DCP ¶ 52) 4 5 6 7 Based on the five (5) factors of CRC 2.550(d), the Plaintiff’s motion should be granted: 8 1. There is an overriding interest in protecting the privacy of the Plaintiff, a minor 9 sexual abuse victim (the Plaintiff), other minor children and sensitive law 10 enforcement records that were produced for the investigation of those acts of 11 childhood sexual assault. As such, there is an overriding privacy interest of these MANLY STEWART FINALDI 12 third-parties in protecting this information 19100 Von Karman Avenue, Suite 800 Telephone (949) 252-9990 13 2. This interest in privacy supports the sealing, considering these records raise grave Irvine, California 92612 14 issues of identifying the Plaintiff (and other minor children) publicly if allowed to go 15 into the public record; 16 3. In the event the Court denies this Motion, this minor third-parties will have these 17 materials filed publicly, potentially outing the Plaintiff and other minors publicly. 18 There is no reason for these materials not to be sealed, as it implicates the privacy 19 rights of minors who have had no opportunity to object or even know the materials 20 exists (as no contact information exists, or other identifying information); 21 4. The proposed sealing is narrowly tailored, considering that these minimal materials 22 are only a portion upon which the Court is expected to adjudicate the MSJ, and is all 23 that is sought to be excluded from the public record; 24 5. Sealing these materials is the only way in which it can be protected from public 25 disclosure. 26 This Motion is grounded in this Notice, the attached Motion and Memorandum of Points and 27 Authorities, the Declaration of Courtney P. Pendry, the entirety of the files and records in this case, 28 and upon any argument or evidence, documentary, oral or other, raised at the hearing of the Motion. 4 PLAINTIFF'S MOTION TO SEAL RECORDS, PURSUANT TO C.R.C. 2.550, ET SEQ. FOR EVIDENCE LODGED IN SUPPORT OF PLAINTIFF'S OPPOSITION TO BGC’S MSJ 1 DATED: August 25, 2023 MANLY, STEWART & FINALDI 2 3 By: 4 COURTNEY P. PENDRY, Esq. Attorney for Plaintiff, 5 JANE BE DOE 6 7 8 9 10 11 MANLY STEWART FINALDI 12 19100 Von Karman Avenue, Suite 800 Telephone (949) 252-9990 13 Irvine, California 92612 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 5 PLAINTIFF'S MOTION TO SEAL RECORDS, PURSUANT TO C.R.C. 2.550, ET SEQ. FOR EVIDENCE LODGED IN SUPPORT OF PLAINTIFF'S OPPOSITION TO BGC’S MSJ 1 MEMORANDUM OF POINTS AND AUTHORITIES 2 I. INTRODUCTION AND FACTUAL BACKGROUND 3 The instant action arises from the childhood sexual abuse of Jane BE Doe (“Plaintiff”) by 4 Defendant Jon David Woody (“Woody”), when he sexually abused the Plaintiff repeatedly from in 5 or around March 2000 until in or around June 2002, while acting as her mentor through Big Brothers 6 Big Sisters of Monterey County. During discovery, Defendant Big Brothers Big Sisters of America 7 (“BBBSA”) produced various documents in this matter, under the Stipulated Protective Order. 8 Additionally, the Monterey County Sheriff’s Office produced the police reports in this matter. 9 Pursuant to California Rule of Court Rule 2.551, those records have been lodged conditionally under 10 seal, subject to the instant Motion being granted and/or ruled upon. This motion is brought to protect 11 the identities of the Plaintiff, as well as other minors, who are referenced in these materials. MANLY STEWART FINALDI 12 For the foregoing reasons, the Plaintiff requests that the Court grant the instant sealing, 19100 Von Karman Avenue, Suite 800 Telephone (949) 252-9990 13 accept these records filed with the Plaintiff's MSJ Opposition as "Conditionally Under Seal" as being Irvine, California 92612 14 sealed, and allow the MSJ to proceed. There are no other more efficient means through which to 15 obtain this privacy protection for the Plaintiff or these third-party minors. Specifically, sealing is 16 sought for the following records: 17 EXHIBIT NUMBER AND PARAGRAPH 18 IN DECLARATION OF COURTNEY P. EXHIBIT DESCRIPTION 19 PENDRY ("DCP") 20 “2” BBBSA_000318 21 (DCP ¶ 4) 22 “3” BBBSA_000304 23 (DCP ¶ 5) 24 “4” Deposition of Marc Russo 25 (DCP ¶ 6) 26 “5” Deposition of Phil Wilhelm 27 (DCP ¶ 7) 28 6 PLAINTIFF'S MOTION TO SEAL RECORDS, PURSUANT TO C.R.C. 2.550, ET SEQ. FOR EVIDENCE LODGED IN SUPPORT OF PLAINTIFF'S OPPOSITION TO BGC’S MSJ 1 “6” Deposition of Brenda Roncarati 2 (DCP ¶ 8) 3 “7” Deposition of Peter Baird 4 (DCP ¶ 9) 5 “9” Deposition of Mattthew Ottone 6 (DCP ¶ 11) 7 “11” Deposition of Donna Ferraro 8 (DCP ¶ 13) 9 “12” Deposition of Cynthia Peck 10 (DCP ¶ 14) 11 “13” MANLY STEWART FINALDI Deposition of Tom Gray 12 (DCP ¶ 15) 19100 Von Karman Avenue, Suite 800 Telephone (949) 252-9990 13 “14” Irvine, California 92612 Deposition of Margaret Schulte 14 (DCP ¶ 16) 15 “15” BBBSA-000290 16 (DCP ¶ 17) 17 “16” BBBSA_000331-362 18 (DCP ¶ 18) 19 “17” BBBSA_000305 20 (DCP ¶ 19) 21 “18” Jane Doe 2 Interview 22 (DCP ¶ 20) 23 “20” Deposition of Jon David Woody 24 (DCP ¶22) 25 “34” 26 Deposition of Ricky Nguyen (DCP ¶ 36) 27 “43” BBBSA_000423 28 7 PLAINTIFF'S MOTION TO SEAL RECORDS, PURSUANT TO C.R.C. 2.550, ET SEQ. FOR EVIDENCE LODGED IN SUPPORT OF PLAINTIFF'S OPPOSITION TO BGC’S MSJ 1 (DCP ¶ 45) 2 “44” BBBSA-000434-436 3 (DCP ¶ 46) 4 “45”