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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, SECOND AMENDED DECLARATION OF
Irvine, California 92612
COURTNEY P. PENDRY IN SUPPORT
14 v. OF PLAINTIFF’S MOTION TO SEAL
15 BIG BROTHERS BIG SISTERS OF [Filed concurrently with Notice of Opposition ,
AMERICA, a California corporation; BIG Memorandum of Points and Authorities;
16 BROTHERS BIG SISTERS OF MONTEREY Plaintiff's Compendium of Evidence; Separate
COUNTY, a California corporation; BOYS & Statement of Disputed and Undisputed
17 GIRLS CLUBS OF MONTEREY COUNTY,
a California corporation; JON DAVID Material Facts; Evidentiary Objections; Notice
18 WOODY, an individual; and DOES 1-50, of Lodgment of Conditionally Sealed
inclusive, Evidence; Motion to Seal Records and Request
19 Defendant. for Judicial Notice]
20
21 Hearing Date: December4, 2023
Time: 1:30 pm
22 Dept: 15
23
24 Judge: Thomas W. Wills
Dept.: 15
25
Action Filed: March 12, 2021
26 FAC Filed: December 13, 2021
Trial Date: January 29, 2024
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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 Plaintiff’s Motion to Seal Exhibits “2”, “3”,
7 “18”, “20” “45”, and “49” (“Motion to Seal”) which have been lodged conditional under seal in
8 support of the Plaintiff’s Opposition to Defendant Boys and Girls Clubs of Monterey County’s
9 Motion for Summary Judgment.
10 3. Attached as Exhibit "2" to the Plaintiff’s Notice of Lodgment of Evidence in Support
11 of the MSJ is a true and correct copy of documents previously bates stamped BBBSA-000318. This
MANLY STEWART FINALDI
12 document was produced after entry of the Stipulated Protective Order in this matter and contains
19100 Von Karman Avenue, Suite 800
13 Plaintiff’s true name, contact information, and other sensitive information, and is subject to the
Telephone (949) 252-9990
Irvine, California 92612
14 sealing motion filed concurrently herewith, as to the “Conditionally Sealed” evidence that has been
15 lodged herewith.
16 4. Attached as Exhibit "3" to the Plaintiff’s Notice of Lodgment of Evidence in Support
17 of the MSJ is a true and correct copy of documents previously bates stamped BBBSA-000304. This
18 document was produced after entry of the Stipulated Protective Order in this matter and contains
19 Plaintiff’s true name, and is subject to the sealing motion filed concurrently herewith, as to the
20 “Conditionally Sealed” evidence that has been lodged herewith.
21 5. Attached as Exhibit "18" to the Plaintiff’s Notice of Lodgment of Evidence in
22 Support of the MSJ is a true and correct copy of relevant portions of the police report produced by
23 the Monterey County Sherriff's Department, including the police report of Jane Doe 2. This report
24 was produced by the Monterey County Sherriff's Department after receiving the Stipulated
25 Protective Order in this matter and contains the names and identifying information of other victims
26 of Woody and is therefore filed conditionally under seal.
27 6. Attached as Exhibit "20" to the Plaintiff’s Notice of Lodgment of Evidence in
28 Support of the MSJ is a true and correct copy of the deposition of Jon David Woody, taken August
2
DECLARATION OF COURTNEY P. PENDRY ISO PLAINTIFF’S OPPOSITION TO DEFENDANT BGC’S MSJ
1 1, 2023. This document contains Plaintiff’s and other victims true names and personally identifying
2 information and descriptions of abuse, and is subject to the sealing motion filed concurrently
3 herewith, as to the “Conditionally Sealed” evidence that has been lodged herewith. A redacted
4 version of Exhibit 20 have been filed publicly concurrently here with.
5 7. Attached as Exhibit "45" to the Plaintiff’s Notice of Lodgment of Evidence in
6 Support of the MSJ is a true and correct copy of relevant documents produced by John L. Kirby &
7 Associates, Inc. on May 18, 2022 in response to a subpoena issued by Plaintiff. These documents
8 contain the names and other identifying information of Plaintiff and other alleged victims of Woody
9 and therefore is subject to the sealing motion filed concurrently herewith, as to the “Conditionally
10 Sealed” evidence that has been lodged herewith. A redacted version of Exhibit 45 have been filed
11 publicly concurrently here with.
MANLY STEWART FINALDI
12
19100 Von Karman Avenue, Suite 800
Telephone (949) 252-9990
13 I declare under penalty of perjury in accordance with the laws of the State of California
Irvine, California 92612
14 that the foregoing is true and correct.
15 Executed on this 9th day of November, 2023, in Irvine, California.
16
17 _______________________________
COURTNEY P. PENDRY, Esq.
18
Declarant
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DECLARATION OF COURTNEY P. PENDRY ISO PLAINTIFF’S OPPOSITION TO DEFENDANT BGC’S MSJ
1 PROOF OF SERVICE
2 STATE OF CALIFORNIA, COUNTY OF ORANGE
3
I am employed in the county of Orange, State of California. I am over the age of 18 and
4 not a party to the within action; my business address is 19100 Von Karman Ave., Suite 800,
Irvine, CA 92612.
5
On November 9, 2023, I served the foregoing document described as SECOND
6
AMENDED DECLARATION OF COURTNEY P. PENDRY IN SUPPORT OF PLAINTIFF’S
7 MOTION TO SEALon the interested parties in this action addressed as follows:
SEE ATTACHED SERVICE LIST
8
BY U.S. MAIL: I served the documents by enclosing them in an envelope and placing the
9 envelope for collection and mailing following our ordinary business practices. I am readily
familiar with this business’s practice of collection and processing of correspondence for mailing.
10 On the same day that correspondence is placed for collection and mailing, it is deposited in the
ordinary course of business with the United States Postal Service in a sealed envelope with
11 postage fully prepaid.
X BY E-MAIL OR ELECTRONIC TRANSMISSION I caused the documents to be sent to
12 the persons on the e-mail addresses as listed below. I did not receive, within a reasonable time
after the transmission, any electronic message or other indication that the transmission was
19100 Von Karman Avenue, Suite 800
MANLY, STEWART & FINALDI
13 unsuccessful.
Telephone: (949) 252-9990
ATTORNEYS AT LAW
14 BY FACSIMILE TRANSMISSION: The facsimile machine I used complied with
Irvine, CA 92612
California Rules of Court 2.301 and no error was reported by the machine. Pursuant to rule
15 2.306(h), I caused the machine to print a record of the transmission, a copy of which is attached
to this proof of service.
16
BY OVERNIGHT DELIVERY: I caused the above-referenced document(s) to be
17 delivered via overnight delivery, for delivery to the above address(es).
18
_____(State) I declare under penalty of perjury under the laws of the State of California that the
19 above is true and correct.
_____(Federal) I declare that I am employed in the office of a member of the bar of this court
20 at whose direction, the service was made.
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Executed on November 9, 2023, Irvine, California.
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___________________________
25 Sadaf Anwar
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1 SERVICE LIST
2 Alison M. Crane, Esq., Partner
3 Tara A. Murray, Esq.
Bledsoe, Diestel, Treppa & Crane LLP
4 180 Sansome, 5th Floor
San Francisco, CA 94104
5 T : 415-981-5411
F : 415-981-0352
6
acrane@bledsoelaw.com
7 tmurray@bledsoelaw.com
calendar@bledsoelaw.com
8 Counsel for Defendants Big Brothers Big Sisters of America
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10 PAUL CALEO pcaleo@grsm.com
MICHAEL KRUPPE mkruppe@grsm.com
11 khernandez@grsm.com.com
GORDON REES SCULLY MANSUKHANI, LLP
12 1111 Broadway, Suite 1700 Oakland, CA 94607
Telephone: (510) 463-8600
19100 Von Karman Avenue, Suite 800
MANLY, STEWART & FINALDI
13
Facsimile: (510) 984-1721
Telephone: (949) 252-9990
ATTORNEYS AT LAW
14 Attorneys for Defendant
Irvine, CA 92612
BOYS & GIRLS CLUB OF MONTEREY COUNTY
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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, SECOND AMENDED DECLARATION OF Irvine, California 92612 COURTNEY P. PENDRY IN SUPPORT 14 v. OF PLAINTIFF’S MOTION TO SEAL 15 BIG BROTHERS BIG SISTERS OF [Filed concurrently with Notice of Opposition , AMERICA, a California corporation; BIG Memorandum of Points and Authorities; 16 BROTHERS BIG SISTERS OF MONTEREY Plaintiff's Compendium of Evidence; Separate COUNTY, a California corporation; BOYS & Statement of Disputed and Undisputed 17 GIRLS CLUBS OF MONTEREY COUNTY, a California corporation; JON DAVID Material Facts; Evidentiary Objections; Notice 18 WOODY, an individual; and DOES 1-50, of Lodgment of Conditionally Sealed inclusive, Evidence; Motion to Seal Records and Request 19 Defendant. for Judicial Notice] 20 21 Hearing Date: December4, 2023 Time: 1:30 pm 22 Dept: 15 23 24 Judge: Thomas W. Wills Dept.: 15 25 Action Filed: March 12, 2021 26 FAC Filed: December 13, 2021 Trial Date: January 29, 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 Plaintiff’s Motion to Seal Exhibits “2”, “3”, 7 “18”, “20” “45”, and “49” (“Motion to Seal”) which have been lodged conditional under seal in 8 support of the Plaintiff’s Opposition to Defendant Boys and Girls Clubs of Monterey County’s 9 Motion for Summary Judgment. 10 3. Attached as Exhibit "2" to the Plaintiff’s Notice of Lodgment of Evidence in Support 11 of the MSJ is a true and correct copy of documents previously bates stamped BBBSA-000318. This MANLY STEWART FINALDI 12 document was produced after entry of the Stipulated Protective Order in this matter and contains 19100 Von Karman Avenue, Suite 800 13 Plaintiff’s true name, contact information, and other sensitive information, and is subject to the Telephone (949) 252-9990 Irvine, California 92612 14 sealing motion filed concurrently herewith, as to the “Conditionally Sealed” evidence that has been 15 lodged herewith. 16 4. Attached as Exhibit "3" to the Plaintiff’s Notice of Lodgment of Evidence in Support 17 of the MSJ is a true and correct copy of documents previously bates stamped BBBSA-000304. This 18 document was produced after entry of the Stipulated Protective Order in this matter and contains 19 Plaintiff’s true name, and is subject to the sealing motion filed concurrently herewith, as to the 20 “Conditionally Sealed” evidence that has been lodged herewith. 21 5. Attached as Exhibit "18" to the Plaintiff’s Notice of Lodgment of Evidence in 22 Support of the MSJ is a true and correct copy of relevant portions of the police report produced by 23 the Monterey County Sherriff's Department, including the police report of Jane Doe 2. This report 24 was produced by the Monterey County Sherriff's Department after receiving the Stipulated 25 Protective Order in this matter and contains the names and identifying information of other victims 26 of Woody and is therefore filed conditionally under seal. 27 6. Attached as Exhibit "20" to the Plaintiff’s Notice of Lodgment of Evidence in 28 Support of the MSJ is a true and correct copy of the deposition of Jon David Woody, taken August 2 DECLARATION OF COURTNEY P. PENDRY ISO PLAINTIFF’S OPPOSITION TO DEFENDANT BGC’S MSJ 1 1, 2023. This document contains Plaintiff’s and other victims true names and personally identifying 2 information and descriptions of abuse, and is subject to the sealing motion filed concurrently 3 herewith, as to the “Conditionally Sealed” evidence that has been lodged herewith. A redacted 4 version of Exhibit 20 have been filed publicly concurrently here with. 5 7. Attached as Exhibit "45" to the Plaintiff’s Notice of Lodgment of Evidence in 6 Support of the MSJ is a true and correct copy of relevant documents produced by John L. Kirby & 7 Associates, Inc. on May 18, 2022 in response to a subpoena issued by Plaintiff. These documents 8 contain the names and other identifying information of Plaintiff and other alleged victims of Woody 9 and therefore is subject to the sealing motion filed concurrently herewith, as to the “Conditionally 10 Sealed” evidence that has been lodged herewith. A redacted version of Exhibit 45 have been filed 11 publicly concurrently here with. MANLY STEWART FINALDI 12 19100 Von Karman Avenue, Suite 800 Telephone (949) 252-9990 13 I declare under penalty of perjury in accordance with the laws of the State of California Irvine, California 92612 14 that the foregoing is true and correct. 15 Executed on this 9th day of November, 2023, in Irvine, California. 16 17 _______________________________ COURTNEY P. PENDRY, Esq. 18 Declarant 19 20 21 22 23 24 25 26 27 28 3 DECLARATION OF COURTNEY P. PENDRY ISO PLAINTIFF’S OPPOSITION TO DEFENDANT BGC’S MSJ 1 PROOF OF SERVICE 2 STATE OF CALIFORNIA, COUNTY OF ORANGE 3 I am employed in the county of Orange, State of California. I am over the age of 18 and 4 not a party to the within action; my business address is 19100 Von Karman Ave., Suite 800, Irvine, CA 92612. 5 On November 9, 2023, I served the foregoing document described as SECOND 6 AMENDED DECLARATION OF COURTNEY P. PENDRY IN SUPPORT OF PLAINTIFF’S 7 MOTION TO SEALon the interested parties in this action addressed as follows: SEE ATTACHED SERVICE LIST 8 BY U.S. MAIL: I served the documents by enclosing them in an envelope and placing the 9 envelope for collection and mailing following our ordinary business practices. I am readily familiar with this business’s practice of collection and processing of correspondence for mailing. 10 On the same day that correspondence is placed for collection and mailing, it is deposited in the ordinary course of business with the United States Postal Service in a sealed envelope with 11 postage fully prepaid. X BY E-MAIL OR ELECTRONIC TRANSMISSION I caused the documents to be sent to 12 the persons on the e-mail addresses as listed below. I did not receive, within a reasonable time after the transmission, any electronic message or other indication that the transmission was 19100 Von Karman Avenue, Suite 800 MANLY, STEWART & FINALDI 13 unsuccessful. Telephone: (949) 252-9990 ATTORNEYS AT LAW 14 BY FACSIMILE TRANSMISSION: The facsimile machine I used complied with Irvine, CA 92612 California Rules of Court 2.301 and no error was reported by the machine. Pursuant to rule 15 2.306(h), I caused the machine to print a record of the transmission, a copy of which is attached to this proof of service. 16 BY OVERNIGHT DELIVERY: I caused the above-referenced document(s) to be 17 delivered via overnight delivery, for delivery to the above address(es). 18 _____(State) I declare under penalty of perjury under the laws of the State of California that the 19 above is true and correct. _____(Federal) I declare that I am employed in the office of a member of the bar of this court 20 at whose direction, the service was made. 21 22 23 Executed on November 9, 2023, Irvine, California. 24 ___________________________ 25 Sadaf Anwar 26 27 28 1 SERVICE LIST 2 Alison M. Crane, Esq., Partner 3 Tara A. Murray, Esq. Bledsoe, Diestel, Treppa & Crane LLP 4 180 Sansome, 5th Floor San Francisco, CA 94104 5 T : 415-981-5411 F : 415-981-0352 6 acrane@bledsoelaw.com 7 tmurray@bledsoelaw.com calendar@bledsoelaw.com 8 Counsel for Defendants Big Brothers Big Sisters of America 9 10 PAUL CALEO pcaleo@grsm.com MICHAEL KRUPPE mkruppe@grsm.com 11 khernandez@grsm.com.com GORDON REES SCULLY MANSUKHANI, LLP 12 1111 Broadway, Suite 1700 Oakland, CA 94607 Telephone: (510) 463-8600 19100 Von Karman Avenue, Suite 800 MANLY, STEWART & FINALDI 13 Facsimile: (510) 984-1721 Telephone: (949) 252-9990 ATTORNEYS AT LAW 14 Attorneys for Defendant Irvine, CA 92612 BOYS & GIRLS CLUB OF MONTEREY COUNTY 15 16 17 18 19 20 21 22 23 24 25 26 27 28