Preview
1 JOHN C. MANLY (State Bar No. 149080)
jmanly@manlystewart.com
2 VINCE W. FINALDI, Esq. (State Bar No. 238279)
vfinaldi@manlystewart.com
3 ALEX E. CUNNY, Esq. (State Bar No. 291567)
acunny@manlystewart.com
4 COURTNEY P. PENDRY (State Bar No. 327382)
cpendry@manlystewart.com
5 MANLY STEWART FINALDI
19100 Von Karman Avenue, Suite 800
6 Irvine, California 92612
Telephone: (949) 252-9990
7 Facsimile: (949) 252-9991
8 Attorneys for Plaintiff, Jane BE Doe
9 SUPERIOR COURT OF THE STATE OF CALIFORNIA
10 COUNTY OF MONTEREY
11
MANLY STEWART FINALDI
12 JANE BE DOE, Case No. 21CV000805
19100 Von Karman Avenue, Suite 800
Telephone (949) 252-9990
13 Plaintiff, DECLARATION OF COURTNEY P.
Irvine, California 92612
PENDRY IN SUPPORT OF PLAINTIFF’S
14 v. OPPOSITION TO DEFENDANT BOYS
AND GIRLS CLUBS MOTION FOR
15 BIG BROTHERS BIG SISTERS OF SUMMARY JUDGMENT (AMENDED)
AMERICA, a California corporation; BIG
16 BROTHERS BIG SISTERS OF MONTEREY [Filed concurrently with Notice of Opposition ,
COUNTY, a California corporation; BOYS & Memorandum of Points and Authorities;
17 GIRLS CLUBS OF MONTEREY COUNTY, Plaintiff's Compendium of Evidence; Separate
a California corporation; JON DAVID Statement of Disputed and Undisputed
18 WOODY, an individual; and DOES 1-50,
inclusive, Material Facts; Evidentiary Objections; Notice
19 Defendant. of Lodgment of Conditionally Sealed
Evidence; Motion to Seal Records and Request
20 for Judicial Notice]
21 Hearing Date: November 3, 2023
Hearing Time: 8:30 am
22 Hearing Location: 15
23
24 Judge: Thomas W. Wills
Dept.: 15
25
Action Filed: March 12, 2021
26 FAC Filed: December 13, 2021
Trial Date: January 24, 2024
27
28
DECLARATION OF COURTNEY P. PENDRY ISO PLAINTIFF’S OPPOSITION TO DEFENDANT BGC’S MSJ
1 DECLARATION OF COURTNEY P. PENDRY, ESQ.
2 I, Courtney P. Pendry, Esq. declare as follows:
3 1. I am an attorney with Manly Stewart Finaldi, attorneys of record for Plaintiff, JANE
4 BE DOE (“Plaintiff”), an individual. I have personal knowledge of the facts set forth herein. If
5 called as a witness, I could and would competently testify to the matters stated herein.
6 2. This declaration is made in support of Opposition to Defendant Boys and Girls Clubs
7 of Monterey County’s (“BGC”) Motion for Summary Judgment ("MSJ").
8 3. Attached as Exhibit "1" is a true and correct copy of the relevant portions of
9 Plaintiff’s responses to Form Interrogatories, Set One. The name of the Plaintiff has been redacted
10 subject to the Plaintiff’s privacy rights to remain a “Jane Doe.”
11 4. Attached as Exhibit "2" is a true and correct copy of documents previously bates
MANLY STEWART FINALDI
12 stamped BBBSA-000318. This document was produced after entry of the Stipulated Protective
19100 Von Karman Avenue, Suite 800
13 Order in this matter and contains Plaintiff’s true name, contact information, and other sensitive
Telephone (949) 252-9990
Irvine, California 92612
14 information, and is subject to the sealing motion filed concurrently herewith, as to the
15 “Conditionally Sealed” evidence that has been lodged herewith.
16 5. Attached as Exhibit "3" is a true and correct copy of documents previously bates
17 stamped BBBSA-000304. This document was produced after entry of the Stipulated Protective
18 Order in this matter and contains Plaintiff’s true name, and is subject to the sealing motion filed
19 concurrently herewith, as to the “Conditionally Sealed” evidence that has been lodged herewith.
20 6. Attached as Exhibit "4" is a true and correct copy of the deposition of Marc Russo,
21 taken June 30, 2023. This Exhibits contains discussion of documents have been marked Confidential
22 by Defendant BBBSA under the Stipulated Protective Order, though the Plaintiff does not intend to
23 file an application for sealing of these documents. Pursuant to the Court’s guidance, Plaintiff’s
24 counsel sent meet and confer correspondence to counsel for BBBSA on September 14, 2023
25 requesting that it de-designate the documents such that the Plaintiff could file the instant Exhibit
26 publicly, with response requested by September 20, 2023. As of the date of this filing, Plaintiff has
27 not received a response. As such, notice was provided to counsel for Defendant BBBSA, informing
28 them of the intent of the Plaintiff not to seek sealing, pursuant to California Rules of Court, Rule
2
DECLARATION OF COURTNEY P. PENDRY ISO PLAINTIFF’S OPPOSITION TO DEFENDANT BGC’S MSJ
1 2.551(b)(3)(iii).
2 7. Attached as Exhibit "5" is a true and correct copy of the deposition of Phil Wilhelm,
3 taken July 14, 2023. This Exhibits contains discussion of documents have been marked Confidential
4 by Defendant BBBSA under the Stipulated Protective Order, though the Plaintiff does not intend to
5 file an application for sealing of these documents. Pursuant to the Court’s guidance, Plaintiff’s
6 counsel sent meet and confer correspondence to counsel for BBBSA on September 14, 2023
7 requesting that it de-designate the documents such that the Plaintiff could file the instant Exhibit
8 publicly, with response requested by September 20, 2023. As of the date of this filing, Plaintiff has
9 not received a response. As such, notice was provided to counsel for Defendant BBBSA, informing
10 them of the intent of the Plaintiff not to seek sealing, pursuant to California Rules of Court, Rule
11 2.551(b)(3)(iii).
MANLY STEWART FINALDI
12 8. Attached as Exhibit "6" is a true and correct copy of the deposition of Brenda
19100 Von Karman Avenue, Suite 800
Telephone (949) 252-9990
13 Roncarati, taken July 20, 2023. This Exhibits contains discussion of documents have been marked
Irvine, California 92612
14 Confidential by Defendant BBBSA under the Stipulated Protective Order, though the Plaintiff does
15 not intend to file an application for sealing of these documents. Pursuant to the Court’s guidance,
16 Plaintiff’s counsel sent meet and confer correspondence to counsel for BBBSA on September 14,
17 2023 requesting that it de-designate the documents such that the Plaintiff could file the instant
18 Exhibit publicly, with response requested by September 20, 2023. As of the date of this filing,
19 Plaintiff has not received a response. As such, notice was provided to counsel for Defendant
20 BBBSA, informing them of the intent of the Plaintiff not to seek sealing, pursuant to California
21 Rules of Court, Rule 2.551(b)(3)(iii).
22 9. Attached as Exhibit "7" is a true and correct copy of the deposition of Peter Baird,
23 taken July 6, 2023 and July 21, 2023. This Exhibits contains discussion of documents have been
24 marked Confidential by Defendant BBBSA under the Stipulated Protective Order, though the
25 Plaintiff does not intend to file an application for sealing of these documents. Pursuant to the Court’s
26 guidance, Plaintiff’s counsel sent meet and confer correspondence to counsel for BBBSA on
27 September 14, 2023 requesting that it de-designate the documents such that the Plaintiff could file
28 the instant Exhibit publicly, with response requested by September 20, 2023. As of the date of this
3
DECLARATION OF COURTNEY P. PENDRY ISO PLAINTIFF’S OPPOSITION TO DEFENDANT BGC’S MSJ
1 filing, Plaintiff has not received a response. As such, notice was provided to counsel for Defendant
2 BBBSA, informing them of the intent of the Plaintiff not to seek sealing, pursuant to California
3 Rules of Court, Rule 2.551(b)(3)(iii).
4 10. Attached as Exhibit "8" is a true and correct copy of a Certified Copy of BBBSMC’s
5 Certificate of Dissolution filed with the State of California Secretary of State on February 17, 2011.
6 Judicial notice is requested to be taken of this document, pursuant to the Request for Judicial Notice
7 filed concurrently herewith.
8 11. Attached as Exhibit "9" is a true and correct copy of the deposition of Matthew
9 Ottone, taken July 12, 2023. This Exhibits contains discussion of documents have been marked
10 Confidential by Defendant BBBSA under the Stipulated Protective Order, though the Plaintiff does
11 not intend to file an application for sealing of these documents. Pursuant to the Court’s guidance,
MANLY STEWART FINALDI
12 Plaintiff’s counsel sent meet and confer correspondence to counsel for BBBSA on September 14,
19100 Von Karman Avenue, Suite 800
Telephone (949) 252-9990
13 2023 requesting that it de-designate the documents such that the Plaintiff could file the instant
Irvine, California 92612
14 Exhibit publicly, with response requested by September 20, 2023. As of the date of this filing,
15 Plaintiff has not received a response. As such, notice was provided to counsel for Defendant
16 BBBSA, informing them of the intent of the Plaintiff not to seek sealing, pursuant to California
17 Rules of Court, Rule 2.551(b)(3)(iii).
18 12. Attached as Exhibit "10" is a true and correct copy of documents previously bates
19 stamped BGCMC-000001-12.
20 13. Attached as Exhibit "11" is a true and correct copy of the deposition of Donna
21 Ferraro, taken July 10, 2023. This Exhibits contains discussion of documents have been marked
22 Confidential by Defendant BBBSA under the Stipulated Protective Order, though the Plaintiff does
23 not intend to file an application for sealing of these documents. Pursuant to the Court’s guidance,
24 Plaintiff’s counsel sent meet and confer correspondence to counsel for BBBSA on September 14,
25 2023 requesting that it de-designate the documents such that the Plaintiff could file the instant
26 Exhibit publicly, with response requested by September 20, 2023. As of the date of this filing,
27 Plaintiff has not received a response. As such, notice was provided to counsel for Defendant
28 BBBSA, informing them of the intent of the Plaintiff not to seek sealing, pursuant to California
4
DECLARATION OF COURTNEY P. PENDRY ISO PLAINTIFF’S OPPOSITION TO DEFENDANT BGC’S MSJ
1 Rules of Court, Rule 2.551(b)(3)(iii).
2 14. Attached as Exhibit "12" is a true and correct copy of the deposition of Cynthia Peck,
3 taken June 29, 2023. This Exhibits contains discussion of documents have been marked Confidential
4 by Defendant BBBSA under the Stipulated Protective Order, though the Plaintiff does not intend to
5 file an application for sealing of these documents. Pursuant to the Court’s guidance, Plaintiff’s
6 counsel sent meet and confer correspondence to counsel for BBBSA on September 14, 2023
7 requesting that it de-designate the documents such that the Plaintiff could file the instant Exhibit
8 publicly, with response requested by September 20, 2023. As of the date of this filing, Plaintiff has
9 not received a response. As such, notice was provided to counsel for Defendant BBBSA, informing
10 them of the intent of the Plaintiff not to seek sealing, pursuant to California Rules of Court, Rule
11 2.551(b)(3)(iii).
MANLY STEWART FINALDI
12 15. Attached as Exhibit "13" is a true and correct copy of the deposition of BGC’s Person
19100 Von Karman Avenue, Suite 800
Telephone (949) 252-9990
13 Most Qualified Re: Merger, Acquisition, and/or Partnership with BBBSMC, Tom Gray, taken
Irvine, California 92612
14 November 3, 2022. This Exhibits contains discussion of documents have been marked Confidential
15 by Defendant BBBSA under the Stipulated Protective Order, though the Plaintiff does not intend to
16 file an application for sealing of these documents. Pursuant to the Court’s guidance, Plaintiff’s
17 counsel sent meet and confer correspondence to counsel for BBBSA on September 14, 2023
18 requesting that it de-designate the documents such that the Plaintiff could file the instant Exhibit
19 publicly, with response requested by September 20, 2023. As of the date of this filing, Plaintiff has
20 not received a response. As such, notice was provided to counsel for Defendant BBBSA, informing
21 them of the intent of the Plaintiff not to seek sealing, pursuant to California Rules of Court, Rule
22 2.551(b)(3)(iii).
23 16. Attached as Exhibit "14" is a true and correct copy of the deposition of Margaret
24 Schulte, taken July 25, 2023. This Exhibits contains discussion of documents have been marked
25 Confidential by Defendant BBBSA under the Stipulated Protective Order, though the Plaintiff does
26 not intend to file an application for sealing of these documents. Pursuant to the Court’s guidance,
27 Plaintiff’s counsel sent meet and confer correspondence to counsel for BBBSA on September 14,
28 2023 requesting that it de-designate the documents such that the Plaintiff could file the instant
5
DECLARATION OF COURTNEY P. PENDRY ISO PLAINTIFF’S OPPOSITION TO DEFENDANT BGC’S MSJ
1 Exhibit publicly, with response requested by September 20, 2023. As of the date of this filing,
2 Plaintiff has not received a response. As such, notice was provided to counsel for Defendant
3 BBBSA, informing them of the intent of the Plaintiff not to seek sealing, pursuant to California
4 Rules of Court, Rule 2.551(b)(3)(iii).
5 17. Attached as Exhibit "15" is a true and correct copy of documents previously bates
6 stamped BBBSA-000290. This exhibit constitutes documents marked Confidential by Defendant
7 BBBSA under the Stipulated Protective Order, though the Plaintiff does not intend to file an
8 application for sealing of these documents. Pursuant to the Court’s guidance, Plaintiff’s counsel sent
9 meet and confer correspondence to counsel for BBBSA on September 14, 2023 requesting that it
10 de-designate the documents such that the Plaintiff could file the instant Exhibit publicly, with
11 response requested by September 20, 2023. As of the date of this filing, Plaintiff has not received a
MANLY STEWART FINALDI
12 response. As such, notice was provided to counsel for Defendant BBBSA, informing them of the
19100 Von Karman Avenue, Suite 800
Telephone (949) 252-9990
13 intent of the Plaintiff not to seek sealing, pursuant to California Rules of Court, Rule 2.551(b)(3)(iii).
Irvine, California 92612
14 18. Attached as Exhibit "16" is a true and correct copy of documents previously bates
15 stamped BBBSA-000331-362. This exhibit constitutes documents marked Confidential by
16 Defendant BBBSA under the Stipulated Protective Order, though the Plaintiff does not intend to file
17 an application for sealing of these documents. Pursuant to the Court’s guidance, Plaintiff’s counsel
18 sent meet and confer correspondence to counsel for BBBSA on September 14, 2023 requesting that
19 it de-designate the documents such that the Plaintiff could file the instant Exhibit publicly, with
20 response requested by September 20, 2023. As of the date of this filing, Plaintiff has not received a
21 response. As such, notice was provided to counsel for Defendant BBBSA, informing them of the
22 intent of the Plaintiff not to seek sealing, pursuant to California Rules of Court, Rule 2.551(b)(3)(iii).
23 19. Attached as Exhibit "17" is a true and correct copy of documents previously bates
24 stamped BBBSA-000305. This exhibit constitutes documents marked Confidential by Defendant
25 BBBSA under the Stipulated Protective Order, though the Plaintiff does not intend to file an
26 application for sealing of these documents. Pursuant to the Court’s guidance, Plaintiff’s counsel sent
27 meet and confer correspondence to counsel for BBBSA on September 14, 2023 requesting that it
28 de-designate the documents such that the Plaintiff could file the instant Exhibit publicly, with
6
DECLARATION OF COURTNEY P. PENDRY ISO PLAINTIFF’S OPPOSITION TO DEFENDANT BGC’S MSJ
1 response requested by September 20, 2023. As of the date of this filing, Plaintiff has not received a
2 response. As such, notice was provided to counsel for Defendant BBBSA, informing them of the
3 intent of the Plaintiff not to seek sealing, pursuant to California Rules of Court, Rule 2.551(b)(3)(iii).
4 20. Attached as Exhibit "18" is a true and correct copy of relevant portions of the police
5 report produced by the Monterey County Sherriff's Department, including the police report of Jane
6 Doe 2. This report was produced by the Monterey County Sherriff's Department after receiving the
7 Stipulated Protective Order in this matter and contains the names and identifying information of
8 other victims of Woody and is therefore filed conditionally under seal.
9 21. Attached as Exhibit “19” is a true and correct copy of the Court of Appeals decision
10 in in the People v. Woody Case No. H037191. Judicial Notice of this document is sought pursuant
11 to the concurrently filed Request for Judicial Notice, pursuant to Evidence Code §451,452.5, and
MANLY STEWART FINALDI
12 453. This case is an unpublished opinion, however, in accordance with California Rules of Court,
19100 Von Karman Avenue, Suite 800
Telephone (949) 252-9990
13 rule 8.1115(a), Plaintiff does not rely upon any portion of this opinion or legal authority cited
Irvine, California 92612
14 therein, and merely cites to the factual recitation contained therein.
15 22. Attached as Exhibit "20" is a true and correct copy of the deposition of Jon David
16 Woody, taken August 1, 2023. This document contains Plaintiff’s and other victims true names and
17 personally identifying information and descriptions of abuse, and is subject to the sealing motion
18 filed concurrently herewith, as to the “Conditionally Sealed” evidence that has been lodged
19 herewith.
20 23. Attached as Exhibit "21" is a true and correct copy of the relevant portions of
21 Plaintiff’s responses to Special Interrogatories, Set One.
22 24. Attached as Exhibit “22” is a true and correct copy of the Monterey Harold article
23 entitled “Prunedale man found guilty on molestation charges” published December 1, 2010. Judicial
24 notice is requested to be taken of this document, pursuant to the Request for Judicial Notice filed
25 concurrently herewith. This document was retrieved from the following website by my office on
26 July 31, 2023:
27 https://www.montereyherald.com/2010/12/01/prunedale-man-found-guilty-on-molestation-
28 charges/
7
DECLARATION OF COURTNEY P. PENDRY ISO PLAINTIFF’S OPPOSITION TO DEFENDANT BGC’S MSJ
1 25. Attached as Exhibit "23" is a true and correct copy of documents produced in
2 connection with the Deposition of Matthew Ottone, and bates stamped Ottone-0001-103.
3 26. Attached as Exhibit "24" is a true and correct copy of documents previously bates
4 stamped BGCMC-000158-159.
5 27. Attached as Exhibit "25" is a true and correct copy of documents previously bates
6 stamped BGCMC-000013-017.
7 28. Attached as Exhibit "26" is a true and correct copy of documents previously bates
8 stamped BGCMC-000219-222.
9 29. Attached as Exhibit "27" is a true and correct copy of documents previously bates
10 stamped BGCMC-000224-227.
11 30. Attached as Exhibit "28" is a true and correct copy of documents previously bates
MANLY STEWART FINALDI
12 stamped BGCMC-000018-22.
19100 Von Karman Avenue, Suite 800
Telephone (949) 252-9990
13 31. Attached as Exhibit "29 is a true and correct copy of documents previously bates
Irvine, California 92612
14 stamped BGCMC-000174-178.
Preview
1 JOHN C. MANLY (State Bar No. 149080) jmanly@manlystewart.com 2 VINCE W. FINALDI, Esq. (State Bar No. 238279) vfinaldi@manlystewart.com 3 ALEX E. CUNNY, Esq. (State Bar No. 291567) acunny@manlystewart.com 4 COURTNEY P. PENDRY (State Bar No. 327382) cpendry@manlystewart.com 5 MANLY STEWART FINALDI 19100 Von Karman Avenue, Suite 800 6 Irvine, California 92612 Telephone: (949) 252-9990 7 Facsimile: (949) 252-9991 8 Attorneys for Plaintiff, Jane BE Doe 9 SUPERIOR COURT OF THE STATE OF CALIFORNIA 10 COUNTY OF MONTEREY 11 MANLY STEWART FINALDI 12 JANE BE DOE, Case No. 21CV000805 19100 Von Karman Avenue, Suite 800 Telephone (949) 252-9990 13 Plaintiff, DECLARATION OF COURTNEY P. Irvine, California 92612 PENDRY IN SUPPORT OF PLAINTIFF’S 14 v. OPPOSITION TO DEFENDANT BOYS AND GIRLS CLUBS MOTION FOR 15 BIG BROTHERS BIG SISTERS OF SUMMARY JUDGMENT (AMENDED) AMERICA, a California corporation; BIG 16 BROTHERS BIG SISTERS OF MONTEREY [Filed concurrently with Notice of Opposition , COUNTY, a California corporation; BOYS & Memorandum of Points and Authorities; 17 GIRLS CLUBS OF MONTEREY COUNTY, Plaintiff's Compendium of Evidence; Separate a California corporation; JON DAVID Statement of Disputed and Undisputed 18 WOODY, an individual; and DOES 1-50, inclusive, Material Facts; Evidentiary Objections; Notice 19 Defendant. of Lodgment of Conditionally Sealed Evidence; Motion to Seal Records and Request 20 for Judicial Notice] 21 Hearing Date: November 3, 2023 Hearing Time: 8:30 am 22 Hearing Location: 15 23 24 Judge: Thomas W. Wills Dept.: 15 25 Action Filed: March 12, 2021 26 FAC Filed: December 13, 2021 Trial Date: January 24, 2024 27 28 DECLARATION OF COURTNEY P. PENDRY ISO PLAINTIFF’S OPPOSITION TO DEFENDANT BGC’S MSJ 1 DECLARATION OF COURTNEY P. PENDRY, ESQ. 2 I, Courtney P. Pendry, Esq. declare as follows: 3 1. I am an attorney with Manly Stewart Finaldi, attorneys of record for Plaintiff, JANE 4 BE DOE (“Plaintiff”), an individual. I have personal knowledge of the facts set forth herein. If 5 called as a witness, I could and would competently testify to the matters stated herein. 6 2. This declaration is made in support of Opposition to Defendant Boys and Girls Clubs 7 of Monterey County’s (“BGC”) Motion for Summary Judgment ("MSJ"). 8 3. Attached as Exhibit "1" is a true and correct copy of the relevant portions of 9 Plaintiff’s responses to Form Interrogatories, Set One. The name of the Plaintiff has been redacted 10 subject to the Plaintiff’s privacy rights to remain a “Jane Doe.” 11 4. Attached as Exhibit "2" is a true and correct copy of documents previously bates MANLY STEWART FINALDI 12 stamped BBBSA-000318. This document was produced after entry of the Stipulated Protective 19100 Von Karman Avenue, Suite 800 13 Order in this matter and contains Plaintiff’s true name, contact information, and other sensitive Telephone (949) 252-9990 Irvine, California 92612 14 information, and is subject to the sealing motion filed concurrently herewith, as to the 15 “Conditionally Sealed” evidence that has been lodged herewith. 16 5. Attached as Exhibit "3" is a true and correct copy of documents previously bates 17 stamped BBBSA-000304. This document was produced after entry of the Stipulated Protective 18 Order in this matter and contains Plaintiff’s true name, and is subject to the sealing motion filed 19 concurrently herewith, as to the “Conditionally Sealed” evidence that has been lodged herewith. 20 6. Attached as Exhibit "4" is a true and correct copy of the deposition of Marc Russo, 21 taken June 30, 2023. This Exhibits contains discussion of documents have been marked Confidential 22 by Defendant BBBSA under the Stipulated Protective Order, though the Plaintiff does not intend to 23 file an application for sealing of these documents. Pursuant to the Court’s guidance, Plaintiff’s 24 counsel sent meet and confer correspondence to counsel for BBBSA on September 14, 2023 25 requesting that it de-designate the documents such that the Plaintiff could file the instant Exhibit 26 publicly, with response requested by September 20, 2023. As of the date of this filing, Plaintiff has 27 not received a response. As such, notice was provided to counsel for Defendant BBBSA, informing 28 them of the intent of the Plaintiff not to seek sealing, pursuant to California Rules of Court, Rule 2 DECLARATION OF COURTNEY P. PENDRY ISO PLAINTIFF’S OPPOSITION TO DEFENDANT BGC’S MSJ 1 2.551(b)(3)(iii). 2 7. Attached as Exhibit "5" is a true and correct copy of the deposition of Phil Wilhelm, 3 taken July 14, 2023. This Exhibits contains discussion of documents have been marked Confidential 4 by Defendant BBBSA under the Stipulated Protective Order, though the Plaintiff does not intend to 5 file an application for sealing of these documents. Pursuant to the Court’s guidance, Plaintiff’s 6 counsel sent meet and confer correspondence to counsel for BBBSA on September 14, 2023 7 requesting that it de-designate the documents such that the Plaintiff could file the instant Exhibit 8 publicly, with response requested by September 20, 2023. As of the date of this filing, Plaintiff has 9 not received a response. As such, notice was provided to counsel for Defendant BBBSA, informing 10 them of the intent of the Plaintiff not to seek sealing, pursuant to California Rules of Court, Rule 11 2.551(b)(3)(iii). MANLY STEWART FINALDI 12 8. Attached as Exhibit "6" is a true and correct copy of the deposition of Brenda 19100 Von Karman Avenue, Suite 800 Telephone (949) 252-9990 13 Roncarati, taken July 20, 2023. This Exhibits contains discussion of documents have been marked Irvine, California 92612 14 Confidential by Defendant BBBSA under the Stipulated Protective Order, though the Plaintiff does 15 not intend to file an application for sealing of these documents. Pursuant to the Court’s guidance, 16 Plaintiff’s counsel sent meet and confer correspondence to counsel for BBBSA on September 14, 17 2023 requesting that it de-designate the documents such that the Plaintiff could file the instant 18 Exhibit publicly, with response requested by September 20, 2023. As of the date of this filing, 19 Plaintiff has not received a response. As such, notice was provided to counsel for Defendant 20 BBBSA, informing them of the intent of the Plaintiff not to seek sealing, pursuant to California 21 Rules of Court, Rule 2.551(b)(3)(iii). 22 9. Attached as Exhibit "7" is a true and correct copy of the deposition of Peter Baird, 23 taken July 6, 2023 and July 21, 2023. This Exhibits contains discussion of documents have been 24 marked Confidential by Defendant BBBSA under the Stipulated Protective Order, though the 25 Plaintiff does not intend to file an application for sealing of these documents. Pursuant to the Court’s 26 guidance, Plaintiff’s counsel sent meet and confer correspondence to counsel for BBBSA on 27 September 14, 2023 requesting that it de-designate the documents such that the Plaintiff could file 28 the instant Exhibit publicly, with response requested by September 20, 2023. As of the date of this 3 DECLARATION OF COURTNEY P. PENDRY ISO PLAINTIFF’S OPPOSITION TO DEFENDANT BGC’S MSJ 1 filing, Plaintiff has not received a response. As such, notice was provided to counsel for Defendant 2 BBBSA, informing them of the intent of the Plaintiff not to seek sealing, pursuant to California 3 Rules of Court, Rule 2.551(b)(3)(iii). 4 10. Attached as Exhibit "8" is a true and correct copy of a Certified Copy of BBBSMC’s 5 Certificate of Dissolution filed with the State of California Secretary of State on February 17, 2011. 6 Judicial notice is requested to be taken of this document, pursuant to the Request for Judicial Notice 7 filed concurrently herewith. 8 11. Attached as Exhibit "9" is a true and correct copy of the deposition of Matthew 9 Ottone, taken July 12, 2023. This Exhibits contains discussion of documents have been marked 10 Confidential by Defendant BBBSA under the Stipulated Protective Order, though the Plaintiff does 11 not intend to file an application for sealing of these documents. Pursuant to the Court’s guidance, MANLY STEWART FINALDI 12 Plaintiff’s counsel sent meet and confer correspondence to counsel for BBBSA on September 14, 19100 Von Karman Avenue, Suite 800 Telephone (949) 252-9990 13 2023 requesting that it de-designate the documents such that the Plaintiff could file the instant Irvine, California 92612 14 Exhibit publicly, with response requested by September 20, 2023. As of the date of this filing, 15 Plaintiff has not received a response. As such, notice was provided to counsel for Defendant 16 BBBSA, informing them of the intent of the Plaintiff not to seek sealing, pursuant to California 17 Rules of Court, Rule 2.551(b)(3)(iii). 18 12. Attached as Exhibit "10" is a true and correct copy of documents previously bates 19 stamped BGCMC-000001-12. 20 13. Attached as Exhibit "11" is a true and correct copy of the deposition of Donna 21 Ferraro, taken July 10, 2023. This Exhibits contains discussion of documents have been marked 22 Confidential by Defendant BBBSA under the Stipulated Protective Order, though the Plaintiff does 23 not intend to file an application for sealing of these documents. Pursuant to the Court’s guidance, 24 Plaintiff’s counsel sent meet and confer correspondence to counsel for BBBSA on September 14, 25 2023 requesting that it de-designate the documents such that the Plaintiff could file the instant 26 Exhibit publicly, with response requested by September 20, 2023. As of the date of this filing, 27 Plaintiff has not received a response. As such, notice was provided to counsel for Defendant 28 BBBSA, informing them of the intent of the Plaintiff not to seek sealing, pursuant to California 4 DECLARATION OF COURTNEY P. PENDRY ISO PLAINTIFF’S OPPOSITION TO DEFENDANT BGC’S MSJ 1 Rules of Court, Rule 2.551(b)(3)(iii). 2 14. Attached as Exhibit "12" is a true and correct copy of the deposition of Cynthia Peck, 3 taken June 29, 2023. This Exhibits contains discussion of documents have been marked Confidential 4 by Defendant BBBSA under the Stipulated Protective Order, though the Plaintiff does not intend to 5 file an application for sealing of these documents. Pursuant to the Court’s guidance, Plaintiff’s 6 counsel sent meet and confer correspondence to counsel for BBBSA on September 14, 2023 7 requesting that it de-designate the documents such that the Plaintiff could file the instant Exhibit 8 publicly, with response requested by September 20, 2023. As of the date of this filing, Plaintiff has 9 not received a response. As such, notice was provided to counsel for Defendant BBBSA, informing 10 them of the intent of the Plaintiff not to seek sealing, pursuant to California Rules of Court, Rule 11 2.551(b)(3)(iii). MANLY STEWART FINALDI 12 15. Attached as Exhibit "13" is a true and correct copy of the deposition of BGC’s Person 19100 Von Karman Avenue, Suite 800 Telephone (949) 252-9990 13 Most Qualified Re: Merger, Acquisition, and/or Partnership with BBBSMC, Tom Gray, taken Irvine, California 92612 14 November 3, 2022. This Exhibits contains discussion of documents have been marked Confidential 15 by Defendant BBBSA under the Stipulated Protective Order, though the Plaintiff does not intend to 16 file an application for sealing of these documents. Pursuant to the Court’s guidance, Plaintiff’s 17 counsel sent meet and confer correspondence to counsel for BBBSA on September 14, 2023 18 requesting that it de-designate the documents such that the Plaintiff could file the instant Exhibit 19 publicly, with response requested by September 20, 2023. As of the date of this filing, Plaintiff has 20 not received a response. As such, notice was provided to counsel for Defendant BBBSA, informing 21 them of the intent of the Plaintiff not to seek sealing, pursuant to California Rules of Court, Rule 22 2.551(b)(3)(iii). 23 16. Attached as Exhibit "14" is a true and correct copy of the deposition of Margaret 24 Schulte, taken July 25, 2023. This Exhibits contains discussion of documents have been marked 25 Confidential by Defendant BBBSA under the Stipulated Protective Order, though the Plaintiff does 26 not intend to file an application for sealing of these documents. Pursuant to the Court’s guidance, 27 Plaintiff’s counsel sent meet and confer correspondence to counsel for BBBSA on September 14, 28 2023 requesting that it de-designate the documents such that the Plaintiff could file the instant 5 DECLARATION OF COURTNEY P. PENDRY ISO PLAINTIFF’S OPPOSITION TO DEFENDANT BGC’S MSJ 1 Exhibit publicly, with response requested by September 20, 2023. As of the date of this filing, 2 Plaintiff has not received a response. As such, notice was provided to counsel for Defendant 3 BBBSA, informing them of the intent of the Plaintiff not to seek sealing, pursuant to California 4 Rules of Court, Rule 2.551(b)(3)(iii). 5 17. Attached as Exhibit "15" is a true and correct copy of documents previously bates 6 stamped BBBSA-000290. This exhibit constitutes documents marked Confidential by Defendant 7 BBBSA under the Stipulated Protective Order, though the Plaintiff does not intend to file an 8 application for sealing of these documents. Pursuant to the Court’s guidance, Plaintiff’s counsel sent 9 meet and confer correspondence to counsel for BBBSA on September 14, 2023 requesting that it 10 de-designate the documents such that the Plaintiff could file the instant Exhibit publicly, with 11 response requested by September 20, 2023. As of the date of this filing, Plaintiff has not received a MANLY STEWART FINALDI 12 response. As such, notice was provided to counsel for Defendant BBBSA, informing them of the 19100 Von Karman Avenue, Suite 800 Telephone (949) 252-9990 13 intent of the Plaintiff not to seek sealing, pursuant to California Rules of Court, Rule 2.551(b)(3)(iii). Irvine, California 92612 14 18. Attached as Exhibit "16" is a true and correct copy of documents previously bates 15 stamped BBBSA-000331-362. This exhibit constitutes documents marked Confidential by 16 Defendant BBBSA under the Stipulated Protective Order, though the Plaintiff does not intend to file 17 an application for sealing of these documents. Pursuant to the Court’s guidance, Plaintiff’s counsel 18 sent meet and confer correspondence to counsel for BBBSA on September 14, 2023 requesting that 19 it de-designate the documents such that the Plaintiff could file the instant Exhibit publicly, with 20 response requested by September 20, 2023. As of the date of this filing, Plaintiff has not received a 21 response. As such, notice was provided to counsel for Defendant BBBSA, informing them of the 22 intent of the Plaintiff not to seek sealing, pursuant to California Rules of Court, Rule 2.551(b)(3)(iii). 23 19. Attached as Exhibit "17" is a true and correct copy of documents previously bates 24 stamped BBBSA-000305. This exhibit constitutes documents marked Confidential by Defendant 25 BBBSA under the Stipulated Protective Order, though the Plaintiff does not intend to file an 26 application for sealing of these documents. Pursuant to the Court’s guidance, Plaintiff’s counsel sent 27 meet and confer correspondence to counsel for BBBSA on September 14, 2023 requesting that it 28 de-designate the documents such that the Plaintiff could file the instant Exhibit publicly, with 6 DECLARATION OF COURTNEY P. PENDRY ISO PLAINTIFF’S OPPOSITION TO DEFENDANT BGC’S MSJ 1 response requested by September 20, 2023. As of the date of this filing, Plaintiff has not received a 2 response. As such, notice was provided to counsel for Defendant BBBSA, informing them of the 3 intent of the Plaintiff not to seek sealing, pursuant to California Rules of Court, Rule 2.551(b)(3)(iii). 4 20. Attached as Exhibit "18" is a true and correct copy of relevant portions of the police 5 report produced by the Monterey County Sherriff's Department, including the police report of Jane 6 Doe 2. This report was produced by the Monterey County Sherriff's Department after receiving the 7 Stipulated Protective Order in this matter and contains the names and identifying information of 8 other victims of Woody and is therefore filed conditionally under seal. 9 21. Attached as Exhibit “19” is a true and correct copy of the Court of Appeals decision 10 in in the People v. Woody Case No. H037191. Judicial Notice of this document is sought pursuant 11 to the concurrently filed Request for Judicial Notice, pursuant to Evidence Code §451,452.5, and MANLY STEWART FINALDI 12 453. This case is an unpublished opinion, however, in accordance with California Rules of Court, 19100 Von Karman Avenue, Suite 800 Telephone (949) 252-9990 13 rule 8.1115(a), Plaintiff does not rely upon any portion of this opinion or legal authority cited Irvine, California 92612 14 therein, and merely cites to the factual recitation contained therein. 15 22. Attached as Exhibit "20" is a true and correct copy of the deposition of Jon David 16 Woody, taken August 1, 2023. This document contains Plaintiff’s and other victims true names and 17 personally identifying information and descriptions of abuse, and is subject to the sealing motion 18 filed concurrently herewith, as to the “Conditionally Sealed” evidence that has been lodged 19 herewith. 20 23. Attached as Exhibit "21" is a true and correct copy of the relevant portions of 21 Plaintiff’s responses to Special Interrogatories, Set One. 22 24. Attached as Exhibit “22” is a true and correct copy of the Monterey Harold article 23 entitled “Prunedale man found guilty on molestation charges” published December 1, 2010. Judicial 24 notice is requested to be taken of this document, pursuant to the Request for Judicial Notice filed 25 concurrently herewith. This document was retrieved from the following website by my office on 26 July 31, 2023: 27 https://www.montereyherald.com/2010/12/01/prunedale-man-found-guilty-on-molestation- 28 charges/ 7 DECLARATION OF COURTNEY P. PENDRY ISO PLAINTIFF’S OPPOSITION TO DEFENDANT BGC’S MSJ 1 25. Attached as Exhibit "23" is a true and correct copy of documents produced in 2 connection with the Deposition of Matthew Ottone, and bates stamped Ottone-0001-103. 3 26. Attached as Exhibit "24" is a true and correct copy of documents previously bates 4 stamped BGCMC-000158-159. 5 27. Attached as Exhibit "25" is a true and correct copy of documents previously bates 6 stamped BGCMC-000013-017. 7 28. Attached as Exhibit "26" is a true and correct copy of documents previously bates 8 stamped BGCMC-000219-222. 9 29. Attached as Exhibit "27" is a true and correct copy of documents previously bates 10 stamped BGCMC-000224-227. 11 30. Attached as Exhibit "28" is a true and correct copy of documents previously bates MANLY STEWART FINALDI 12 stamped BGCMC-000018-22. 19100 Von Karman Avenue, Suite 800 Telephone (949) 252-9990 13 31. Attached as Exhibit "29 is a true and correct copy of documents previously bates Irvine, California 92612 14 stamped BGCMC-000174-178.