Preview
F Superior Court of California F
County of Butte
Thomas Dimitre, Attorney at Law
CSB 276924
L 11/12/2019 L
dimitre@mind.net
PO Box 801 E E
Ashland, OR 97520
Telephone: 541-890-5022 D Fi , Clerk D
Attorney for Plaintiff By Deputy
Electronically FILED
IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF BUTTE
TERESA RANDOLPH, an individual,
Plaintiff
10 vs.
Case No. 19CV01226
11
TRUSTEES OF THE CALIFORNIA PLAINTIFF’S REPLY TO
12 STATE UNIVERSITY, STATE OF MOTION TO COMPEL
CALIFORNIA, CYNTHIA DALEY, AND
13 DEBRA LARSON
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15 Defendants
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HEARING DATE: November 13, 2019
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HEARING TIME: 9:00 AM
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JUDGE: HONORABLE ROBERT
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GLUSMAN
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DEPT: 10
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TRIAL DATE: NONE
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This is Plaintiff, Teresa Randolph’s, Reply to her Motion to Compel Production of
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27 Documents.
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PLAINTIFF'S MOTION TO COMPEL PRODUCTION OF DOCUMENTS:
Meet and Confer
Defendant counsel, apparently, has never seen a meet and confer that he approves of.
Plaintiff's counsel spent three hours on the phone with Defendant’s counsel, sent Defendant’s
counsel notes regarding the meeting and asked for a response. When no response was
forthcoming, Plaintiff's counsel requested a response for a second time. Defendant’s counsel
then requested more information. Plaintiff's counsel responded to that request in a timely
manner. Plaintiff sent Defendant’s counsel five separate emails following upon the three hour
meet and confers. See Exhibit 2.
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It is Defendant’s counsel who has not complied with his obligation to provide documents
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Five months have passed since Plaintiff first requested documents, and to date NONE have been
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13 produced. The Court must end Defendant’s continued games regarding the important and
14 necessary discovery process.
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Timeliness of Filing
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The Court ordered that Plaintiff file a separate statement no later than November 5, 2019.
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Plaintiff
did so. In addition, Plaintiff emailed a copy of the filings to the Defendant on the same
20 date. See Exhibit 1.
21 Plaintiff complied with the Court’s order to file by November 5 2019.
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Filing By Necessity, Was Required to update court on the recent developments.
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The November 5, 2019 filing was required to update the previous filing, so that the Court
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26 could ascertain what had occurred since the last hearing. In addition, Plaintiff attempted to make
27 the Motion to Compel clearly and more easily understood.
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PLAINTIFF'S MOTION TO COMPEL PRODUCTION OF DOCUMENTS
Defendant’s Counsel Continues to Misinform the Court
Defendant counsel, in his Response, states this to the Court:
“For example, No. 81 seeks Randolph’s entire email file for the entire course of her 22
year employment.”
This is patently false. In Plaintiff's email to Defendant on October 28 2019, he states
this:
“Request No. 81: See #5 regarding electronic records. (Plaintiff's statement):WE DO
NOT AGREE TO LIMIT THIS TO JAN 1 2018. THIS REQUEST IS FROM 1/1/17.
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PLEASE VERIFY THAT YOU WILL NOT PRODUCE THIS. IF THAT IS THE CASE
il
WE WILL DO MTC.” Exhibit 3.
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13 Defendant counsel is clearly misinforming the court on this, and other items. Plaintiff's
14 counsel clearly told Defendant’s counsel that it needed about two years of information regarding
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Request No. 81. Yet, Defendant’s counsel tries to tell the Court that Plaintiff is asking for 22
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years of documents.
LY,
The Court should not reward Defendant counsel for his frivolous arguments that are
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without merit.
20 Conclusion
21 For all of the reasons stated above, and stated in the Motion to Compel and Separate
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Statement, the Court should GRANT Plaintiff's Motion to Compel, and require that Defendant
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produce all of the documents requests (with the parameters agreed to during the meet and confer)
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within two weeks of the hearing on this matter.
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27 Respectfully submitted,
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PLAINTIFF'S MOTION TO COMPEL PRODUCTION OF DOCUMENTS
Thomas Dimitre Attorney at Law LLC
By: /s/ Thomas Dimitre
Thomas Dimitre
Attorney for Plaintiff
Teresa Randolph
Dated: November 10, 2019
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PLAINTIFF'S MOTION TO COMPEL PRODUCTION OF DOCUMENTS
Thomas Dimitre SBN 276924
Thomas Dimitre Attorney at Law LLC
PO Box 801
Ashland, OR 97520
Tel: 541 890 5022
Fax: 541 488 4601
Email: dimitre@mind.net
IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF BUTTE
10
11
TERESA RANDOLPH, Case No. 19CV01226
12
13 Plaintiff
SWORN DECLARATION OF THOMAS
14 and DIMITRE IN SUPPORT OF MOTION TO
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COMPEL AND MOTION FOR
ATTORNEY’S FEES.
16 TRUSTEES OF THE CALIFORNIA
STATE UNIVERSITY, STATE OF
17 CALIFORNIA, CYNTHIA DALEY, AND
DEBRA LARSON
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19 Defendants
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I, Thomas Dimitre, resident and am employed in Oregon, declare and state as follows:
1 I am the Plaintiff's attorney in this case.
2 I am personally aware of all of the facts, and am competent to testify about each fact as
set forth in this declaration. All of my statements are based on my personal knowledge.
I am competent to testify to these facts.
3. Exhibits 1, 2 and 3 are true and correct copies of emails sent to Mr. Deschler and
received from Mr. Deschler in regards to this case and are attached hereto.
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4 I swear, under the penalty of perjury, under the laws of the State of California, that
11 the foregoing is true and correct.
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s/s Thomas Dimitre
13 Date: November 10, 2019
Thomas Dimitre
14 Attorney for Plaintiff
Teresa Randolph
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CERTIFICATE OF SERVICE
I, Thomas Dimitre, declare as follows:
Iam an employee of Thomas Dimitre, Attorney at Law, over the age of eighteen
years and not a party to this action. My business address is PO BOX 801, Ashland,
Oregon 97520. My business telephone number is (541) 890-5022, and my fax number is
(541) 488-4601.
On October 10, 2019 I served the foregoing document(s) described as:
1 Reply to Motion to Compel
10 by placing true copies thereof in sealed envelopes with postage thereon fully prepaid,
11 in the United States mail at ASHLAND, OR addressed as shown below:
12
Jerry Deschler Jr.
13
Deputy Attorney General IV
14 1300 I Street
Sacramento, CA 95814
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16 I declare, under penalty of perjury under the laws of the St f California, that
17 the foregoing is true and correct. Executed vember 1 019 at Ashland OR.
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THO! TRE
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Attorney for Plaintiff,
21 Teresa Randolph
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PLAINTIFF'S MOTION TO COMPEL PRODUCTION OF DOCUMENTS
Thomas Dimitre, Attorney at Law
CSB 276924
dimitre@mind.net
PO Box 801
Ashland, OR 97520
Telephone: 541-890-5022
Attorney for Plaintiff
IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF BUTTE
TERESA RANDOLPH, an individual,
Plaintiff
10 vs.
Case No. 19CV01226
11
TRUSTEES OF THE CALIFORNIA PLAINTIFF’S REPLY TO
12 STATE UNIVERSITY, STATE OF MOTION TO COMPEL
CALIFORNIA, CYNTHIA DALEY, AND
13 DEBRA LARSON EXHIBIT 1
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15 Defendants
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PLAINTIFF'S MOTION TO COMPEL PRODUCTION OF DOCUMENTS
From: Tom Dimitre dimitre@mind.net ee 5,
Subject: FILED TODAY
Date: November 5, 2019 at 10:29 PM
To: Jerty Deschler Jerry. Deschler@doj.ca.gov
iL ZL pe
PDF PDF PDF
Randolph Randolph RANDOLPH
Motion...19.pdf Motion...ent.pdf DIMITR...EL.pdf
Thomas Dimitre, Attorney at Law
CSB 276924
dimitre@mind.net
PO Box 801
Ashland, OR 97520
Telephone: 541-890-5022
Attorney for Plaintiff
IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF BUTTE
TERESA RANDOLPH, an individual,
Plaintiff
10 vs.
Case No. 19CV01226
11
ITRUSTEES OF THE CALIFORNIA PLAINTIFF’S REPLY TO
12 STATE UNIVERSITY, STATE OF MOTION TO COMPEL
CALIFORNIA, CYNTHIA DALEY, AND
13 DEBRA LARSON EXHIBIT 2
14
15 Defendants
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PLAINTIFF'S MOTION TO COMPEL PRODUCTION OF DOCUMENTS
Fros Tom Dimitre dimitre@mind.net
Subje randolph
x sy
Date: October 8, 2019 at 9:56 AM
To: Jerry Deschler Jerry, Deschler@doj.ca.gov
Jerry: Are you available to discuss production of documents on
Thursday at 10 am, so that we can go through each request?
Probably 1 1/2 hours.
Tom
Fro Tom Dimitre dimitre@mind.net
Subje Notes from phone call re meet and confer on Plaintiff's 1st RFP e
Date: October 11, 2019 at 9:36 PM
Jerry Deschler Jerry. Deschier@doj.ca gov
Bei Tom Dimitre dimitre@mind.net
Jerry: Here are my notes re our discussion re Randolph's 1st RFP over the past two days:
Let me know your thoughts. Thanks. Tom
Will produce specific files. Est 3-4 weeks
Job descriptions back 5 years. Will be produced
Will produce
Will produce
Limit time period for electronic documents, OK for all hard copies. Jan 2018 for electronic docs?
Jim? He will ask Jim or allow me to. Teri Randolph, Teresa Randolph, This Way to Sustainability Conference as search terms
See 6.
8. Will produce medical reocrds
9. Disciplinary policies — internal policies and procedures. Will be produced.
10. Ack of receipts. Ok will produce.
1401 internal policies re disability will produce.
12. Ditto.
13. See #9
14, Transfers and hiring of external/internal applications — internal policies, not UNION contract. Will produce
15. Give names of supervisors/managers, subject matter is accommodation request
16. Review/analysis of Randolph's discipline. Other analysis of other disciplines back 5 years. Redact names or other personal ID
information. Will get back to me if any info found.
17. Part of #1.
18. of all
Limit to managers/supervisors and Randolph regarding training received but also a list of all trainings offered. 5 years. ListHutchinson,
trainings and sign in sheets, This would include: Daley, Larson, Saake, Neuhart, John Unruh, Mr. Pushnik, Ms. Gayle
Mr. Grassian, Ms. Jennifer Mays, Ms. Pamela Hollis, Ms. Eileen Chavez.
19. Skip.
20. Skip
21 Disability training only to Ms. Randopih.
22. Jerry will ask if these docs exist.
23. Audit, compliance, documents. DFEH, EEOC, can redact names.
Specific employees and reasonable accommodation interactive process
24. Skip.
25. Incorporated in 21.
26. Incorporated in 21.
27. Search terms: Teri Randiph, Teesa Randolph and This to Way to Sust are going to be search terms.
28. Incorpoated into 27.
29. Limit to proposed discipline.
an AV tenth tn at ah 4 antetn
OU. LITE WW plUpUseY UIsLIpMIIE alu yuly 1, cU10 1UIWalU.
31. Skip.
2. Jan 1, 2018 forward, Larson, Daley, Saake, HR conversations and proposed discipline and regarding the legal case.
33. January 2018 forward, University and private cell phone calls and texts.
Tom to subpoena private records. Jerry will check if any docs.
34, 35. 36. 38. duplicative of #1 and #8
37. Will produce. Will check if any docs.
39. Will produce.
40. Will produce.
41 Limit to CSU Chico HR and individuals. Jerry will talk to client.
42. Admin agency (EEOC or DFEH), demand letters limited to CSU Chico. Jerry will talk to client and get back.
43. D Objects to providing.
44, Incorporated into 42.
45. Jan 1 2018 forward - allegations in complaint or proposed discipline.
46. skip
47. organization chart/flow chart re interactive process/accommodation, and within department.
Will produce department org chart and any chart re reporting disability issues.
48. Skip
49. Already been addressed. Jerry will get back re Jim.
50. Doesn’t know yet.
51. OK except for age, gender. Reframe question. Will provide name, salary, job title, job description of replacement.
52. There is no insurance policy.
53. Will produce.
54 Will produce.
55. Tom will get back to him on what we are looking for specifically.
56. Rephrase docs regarding notification to P of avail of COBRA. We are looking for evidence of notification of |
COBRA eligibility to Randolph. Will produce.
57. Five years. From January 1, 2014- January 31, 2019. Will produce.
58. Jerry will look into and get back to me.
59. Already covered.
60. Already covered.
61 Already covered.
62. OK, will produce.
63. Total numbers of attendees by year. Not asking for names. Will produce.
64. Tom will check with Plaintiff.
65. covered already
66. ok. Will produce.
67. Tom to check with client.
68. ok, will produce.
69. Specific employees are: Daley, Larson, Saake, Neuhart, John Unruh, Mr. Pushnik, Ms. Gayle Hutchinson, Mr. Grassian, Ms.
Jennifer Mays, Ms. Pamela Hollis, Ms. Eileen Chavez.
70. ). Will not produce, not relevant.
71 ok, will produce.
72. . Limit timeframe from January 1, 2018 through January 2019. Will produce.
73. already covered
74. OK. Will produce.
75 — 79 — will produce.
80. will produce.
81-88. Intent to produce, needs to review. Will get back to Tom.
#83-85- does not have yet. Will obtain and review and get back to Tom.
Check with client.
86. My Documents folder — Tom to check with client re importance.
He will look into and get back to Tom.
87. Tom to get actual address re Sustainability account from client.
88. No objections. Will produce.
From: : Tom Dimitre dimitre@mind.net
Subject: Re: Notes from phone call re meet and confer on Plaintiff's 1st RFP
Date: : October 16, 2019 at 8:48 AM
To: : Jerry Deschler Jerry Deschler@doj.ca gov
Jerry: Can you please confirm your agreement with these notes and that you intend to
produce these documents within 3-4 weeks?
Thanks.
Tom Dimitre
On Oct 11, 2019, at 9:36 PM, Tom Dimitre wrote:
Jerry: Here are my notes re our discussion re Randolph's 1st RFP over the past two days:
Let me know your thoughts. Thanks. Tom
Will produce specitic files. Est 3-4 weeks
Job descriptions back 5 years. Will be produced
Will produce
Will produce
Limit time period for electronic documents, OK for all hard copies. Jan 2018 for electronic docs?
Jim? He will ask Jim or allow me to. Teri Randolph, Teresa Randolph, This Way to Sustainability Conference as search terms
See 6.
8. Will produce medical reocrds
9. Disciplinary policies — internal policies and procedures. Will be produced.
10JAck of receipts. Ok will produce.
11.finternal policies re disability will produce.
12 Ditto.
13.JSee #9
44 Transfers and hiring of externalfinternal applications— internal policies, not UNION contract. Will produce.
15]Give names of supervisors/managers, subject matter is accommodation request
46 |Review/analysis of Randolph's discipline. Other analysis of other disciplines back 5 years. Redact names or other personal ID
information. Will get back to me if any into found.
17 JPart
of #1.
18]Limit to managers/supervisors and Randolph regarding training received but also a list of all trainings offered. 5 years. List of all
trainings and sign in sheets. This would include: Daley, Larson, Saake, Neuhart. John Unruh, Mr. Pushnik, Ms. Gayle Hutchinson,
Mr. Grassian, Ms. Jennifer Mays, Ms. Pamela Hollis, Ms. Eileen Chavez.
19Skip.
20|Skip
21 JDisability training only to Ms. Randopth.
22|| Jerry will ask if these docs exist.
23 Audit, compliance, documents. DFEH, EEOC, can redact names.
Specific employees and reasonable accommodation interactive process
24|skip.
25,JIncorporated in 21.
28 Iinenenaratad in 94
Ruypurpurmou nies
27] Search terms: Teri Randiph, Teesa Randolph and This to Way to Sust are going to be search terms.
28 JIncorpoated into 27.
29 JLimit to proposed discipline.
30Limit to proposed discipline and July 1, 2018 forward
31 JSkip.
$2.an 1, 2018 forward, Larson, Daley, Saake, HR conversations and proposed discipline and regarding the legal case.
33.Nanuary 2018 forward, University and private cell phone calls and texts.
Tom to subpoena private records. Jerry will check if any docs,
34] 35. 36. 38. duplicative of #1 and #8
37] Will produce. Will check if any docs,
39,1 Will produce.
40] Will produce.
41 JLimit to CSU Chico HR and individuals. Jerry will talk to client.
42] Admin agency (EEOC or DFEH), demand letters limited to CSU Chico. Jerry will talk to client and get back.
43] D Objects to providing.
44] Incorporated into 42.
45] Jan 1 2018 forward - allegations in complaint or proposed discipline.
46 skip
47] organization chart/flow chart re interactive process/accommodation, and within department.
Will produce department org chart and any chart re reporting disability issues.
48,1Skip
49. Already been addressed. Jerry will get back re Jim.
50] Doesn't know yet.
51, OK except for age, gender. Reframe question. Will provide name, salary, job title, job description of replacement.
62There is no insurance policy.
53,|Will produce.
54 |Will produce.
55,] Tom will get back to him on what we are looking for specifically.
56] Rephrase docs regarding notification to P of avail of COBRA. We are looking for evidence of notification of |
COBRA eligibility to Randolph, Will produce.
57] Five years. From January 1, 2014- January 31, 2019. Will produce.
58, Jerry will look into and get back to me.
59] Already covered.
60] Already covered.
61, Already covered,
62] OK, will produce.
63] Total numbers of attendees by year. Not asking for names. Will produce.
64] Tom will check with Plaintiff.
65 Jcovered already
66 Jok. Will produce.
67] Tom to check with client.
68, ok, will produce.
69.] Specific employees are: Daley, Larson, Saake, Neuhart, John Unruh, Mr. Pushnik, Ms. Gayle Hutchinson, Mr, Grassian, Ms.
Jennifer Mays, Ms. Pamela Hollis, Ms. Eileen Chavez.
70, Will not produce, not relevant.
71] ok, will produce.
72] Limit timeframe from January 1, 2018 through January 2019. Will produce.
73) already covered
74) OK. Will produce.
75-79 — will produce.
80] will produce,
81 8. Intent to produce, needs to review. Will get back to Tom.
#84-85- does not have yet. Will obtain and review and get back to Tom.
Chpck with client.
86My Documents foider — Tom to check with client re importance.
Hejwill look into and get back to Tom.
87 |Tom to get actual address re Sustainability account from client.
88] No objections. Will produce.
From: Tom Dimitre dimitre@mind.net & ®
Subject: Re: Notes from phone call re meet and confer on Plaintiff's 1st RFP
Date: October 24, 2019 at 12:07 AM
To: Jerry Deschler Jerry.Deschler@doj.ca.gov
Jerry: Here you go.
Randolph Notes
re RFP.pdf
On Oct 17, 2019, at 8:22 AM, Jerry Deschler wrote:
Tom, | was attempting to address this this morning, but the email formatting is strange, and
parts of sentences and the request numbers are cut off. Can you re-send? Is it showing up that
way on your end?
Jerry Deschler Jr.
Deputy Attorney General IV
1300 I Street
Sacramento, CA 95814
Phone: (916) 210-7871
Fax: (916) 324-5567
CONFIDENTIALITY NOTICE: This communication with its contents may contain
confidential and/or legally privileged information. It is solely for the use of the intended
recipient(s). Unauthorized interception, review, use or disclosure is prohibited and may
violate applicable laws including the Electronic Communications Privacy Act. If you are
not the intended recipient, please contact the sender and destroy all copies of the
communication.
From: Tom Dimitre
Sent: Friday, October 11, 2019 9:36 PM
To: Jerry Deschler
Subject: Notes from phone call re meet and confer on Plaintiff's Ist RFP
Jerry: Here are my notes re our discussion re Randolph’s Ist RFP over the past two da $8:
Let me know your thoughts. Thanks. Tom
1 Will produce specific files. Est 3-4 weeks
2.| Job descriptions back 5 years. Will be produced
3.) Will produce
Will produce
Limit time period for electronic documents, OK for all hard copies. Jan 2018 for electronic
docs?
Jim? He will ask Jim or allow me to. Teri Randolph, Teresa Randolph, This Way to
Sustainability Conference as search terms
See 6.
Will produce medical reocrds
Disciplinary policies — internal policies and procedures. Will be produced.
Ack of receipts. Ok will produce.
1] Internal policies re disability will produce.
14 Ditto.
13 See #9
14 Transfers and hiring of external/internal applications — internal policies. not UNION
contract. Will produce.
1§ Give names of supervisors/managers, subject matter is accommodation request
1q Review/analysis of Randolph’s discipline. Other analysis of other disciplines back 5 years.
Redact names or other personal ID information. Will get back to me if any info found.
17
Part
of #1.
19. Limit to managers/supervisors and Randolph regarding training received but also a list of
all trainings offered. 5 years. List of all trainings and sign in sheets. This would include:
Daley, Larson, Saake, Neuhart, John Unruh, Mr. Pushnik, Ms. Gayle Hutchinson, Mr.
Grassian, Ms. Jennifer Mays, Ms. Pamela Hollis, Ms. Eileen Chavez.
1g Skip.
2q Skip
zl Disability training only to Ms. Randoplh.
24. Jerry will ask if these does exist.
23. Audit, compliance, documents. DFEH. EEOC, can redact names.
Specific employees and reasonable accommodation interactive process
24 Skip.
24
24 Incorporated in 21.
Incorporated in 21.
27
Search terms: Teri Randlph, Teesa Randolph and This to Way to Sust are going to be
search terms.
28 Incorpoated into 27.
Limit to proposed discipline.
3q Limit to proposed discipline and July 1, 2018 forward.
Skip.
3 Jan 1, 2018 forward, Larson, Daley. Saake. HR conversations and proposed discipline and
regarding the legal case.
33 January 2018 forward, University and private cell phone calls and texts.
m to subpoena private records. Jerry will check if any docs.
34 35. 36. 38. duplicative of#1 and #8
37
Will produce. Will check if any does.
39 Will produce.
Will produce.
4] Limit to CSU Chico HR and individuals. Jerry will talk to client.
4 Admin agency (EEOC or DFEH). demand letters limited to CSU Chico. Jerry will talk
to client and get back.
43 D Objects to providing.
44 Incorporated into 42.
49 Jan 1 2018 forward - allegations in complaint or proposed discipline.
46g skip
4 organization chart/flow chart re interactive process/accommodation, and within
department.
Il produce department org chart and any chart re reporting disability issues.
she
4y . Skip
4g . Already been addressed. Jerry will get back re Jim.
5q |. Doesn’t know yet.
. OK except for age. gender. Reframe question. Will provide name, salary. job title, job
description of replacement.
5q . There is no insurance policy.
53 |. Will produce.
54 Will produce.
53 Tom will get back to him on what we are looking for specifically.
5q. Rephrase docs regarding notification to P of avail of COBRA. We are looking for
evidence of notification of |
COBRA eligibility to Randolph. Will produce.
34
Five years. From January 1, 2014- January 31, 2019. Will produce.
54 Jerry will look into and get back to me.
59 Already covered.
6 Already covered.
6 Already covered.
64 OK, will produce.
63 Total numbers of attendees by year. Not asking for names. Will produce.
64 Tom will check with Plaintiff.
65 . covered already
6 |. ok. Will produce.
6 |. Tom to check with client.
68 ok, will produce.
69 . Specific employees are: Daley, Larson, Saake, Neuhart, John Unruh, Mr. Pushnik, Ms.
Gayle Hutchinson, Mr. Grassian, Ms.
Jehnifer Mays, Ms. Pamela Hollis, Ms. Eileen Chavez.
70 Will not produce, not relevant.
7] ok, will produce.
72 Limit timeframe from January 1, 2018 through January 2019. Will produce.
73 already covered
74 OK. Will produce.
74-79 ~ will produce.
8q. will produce.
8188. Intent to produce. needs to review. Will get back to Tom.
#§3-85- does not have yet. Will obtain and review and get back to Tom.
Check with client.
84. My Documents folder — Tom to check with client re importance.
He will look into and get back to Tom.
84. Tom to get actual address re Sustainability account from client.
89. No objections. Will produce.
CONFIDENTIALITY NOTICE: This communication with its contents may contain confidential and/or legally
privileged information. It is solely for the use of the intended recipient(s). Unauthorized interception, review,
use or disclosure is prohibited and may violate applicable laws including the Electronic Communications
Privacy Act. If you are not the intended recipient, please contact the sender and destroy all copies of the
communication.
From: : Tom Dimitre dimitre@mind.net
Subject : Randolph v State
Date: : October 25, 2019 at 2:43 PM
To : Jerry Deschler Jerry.De chler @doj.ca.gov
Jerry:
Regarding our RFP:
You stated that you would do the following on the listed items:
6 and 7. You stated that you would ask Jim re this.
16. Will get back to me.
22. Will ask if docs exist.
41. You will talk to client.
42. Ditto.
49. You will talk to Jim.
50. Will get back to me.
58. Will get back to me.
81-88. Will get back to me.
PLease advise the status of the above.
Also please give me an update on when I can expect the docs to be produced.
My responses to you:
55. We are looking for loss of retirement benefits, loss of health insurance benefits.
64. We need the donors because one of our allegations is that Daly violated local rules and state law in how she handled donations.
67. Same as #64.
82. Regarding the hard drive - we need Randolph's calendar. I've also been informed that there are emails in storage on the hard
drive and in the cloud, which will not be in the regular email system. We need all of those emails.
83-85. Important docs are stored on these box folders, so we need the as requested.
86. All of her important docs are on the My Docs or My Documents folder. We need the entire folder,
including subfolders.
88. Sustainability account email address is: sustainability@csuchico.edu
Thanks.
Tom Dimitre
@
From: Tom Dimitre dimitre@mind.net
Subject: RANDOLPH - Re: Notes from phone call re meet and confer on Plaintiff's 1st RFP
Date: October 28, 2019 at 11:05 AM
To: Jerry Deschler Jerry, Deschler@do}.ca gov
Jerry:
My responses IN CAPS below:
Though you give a date that #s1 and 17 will be produced, | need a date that all of the
docs will be produced.
Thanks.
Tom
On Oct 25, 2019, at 3:31 PM, Jerry Deschler
wrote:
Thank you. Please see below.
Request Nos. 1, 17: CSU agrees to produce the employment-related files for Randolph,
including her personnel file, medical file, grievance files, etc. We estimate production in 3-4
weeks as discussed.
Request No. 2: Job descriptions will be produced, going back 5 years.
Request No. 3: CSU ADA, FEHA disability, FMLA, and CFRA policies will be produced.
Request No. 4: Payroll records will be produced.
Request Nos. 5, 6, 7: CSU agrees to produce records in her files. For electronic records, we
began, but did not finish, compiling search terms to limit the scope of what will be searched and
produced. This will be true for other requests as well. MY UNDERSTANDING IS THAT SEARCH
TERMS INCLUDE: RANDOLPH, TERESA RANDOLPH, TERI RANDOLPH, THIS WAS TO
SUSTAINABILITY. OTHERS?
Request No. 8: CSU agrees to produce all medical records in their possession.
Request Nos. 9, 13: CSU agrees to produce disciplinary policies.
Request No. 10: CSU agrees to produce acknowledgements of receipt of policies, if such exist.
Request Nos. 11, 12: CSU agrees to produce internal policies relating to handling disabilities.
Request No. 15: | do not understand my notes or yours regarding number 15. | know we
discussed limits, but am not sure what was discussed. THIS HAS TO DO WITH ANY
DOCUMENTATION OF TRAINING OF PLAINTIFF OR THE SUPERVISORS/MANAGERS REGARDING
REASONABLE ACCOMMODATION/INTERACTIVE PROCESS/DISABILITY. THE FOLKS WE ARE
LOOKING FOR ARE: RANDOLPH, DALEY, LARSON, SAAKE, NEUHART, JOHN UNRUH, JIM
PUSHNIK, GAYLE HUTCHINSON, EILEEN CHAVEZ, MR. GRASSIAN, MR. JENNIFER MAYS, PAMELA
HOLLIS
Request No. 14: CSU agrees to produce any internal policies discussing transfer as a potential
accommodation.
Request No. 16: We did not reach an agreement. However, after making inquiry, the types of
documents that | understand you to be seeking do not exist. Therefore, Defendants will answer
that there are no responsive documents. OK
Request No. 18: We discussed limiting the request to training records and sign-in sheets for
certain supervisors named or referenced in the Complaint. CSU does not agree to produce such
records. OK WE WILL DO MOTION TO COMPEL.
Request No. 21, 25, 26: CSU agrees to produce records substantiating any disability-related
training Ms. Randolph received, to the extent such records exist.
Request No. 22: CSU agrees to produce its document retention policy.
Request No. 23: We discussed limiting the scope of this request, but did not reach an
agreement. WE WILL DO MOTION TO COMPEL.
Request Nos. 27, 28: See #5 regarding electronic records.
Request Nos. 29, 30: CSU agrees to produce all records relating to proposed discipline of
Randolph.
Request No. 32: CSU agrees to produce communications between Larson, Daley, Saake, and HR
regarding any proposed discipline of Randolph or that otherwise relate to the lawsuit
allegations.
Request No. 33: You agreed to limit the request to personal and university emails, text, and
phone records. CSU cannot and will not produce personal records. Regarding the scope of
electronic records, see #5.
WE WILL EITHER DO MOTION TO COMPEL THESE RECORDS OR DO SUBPOENAS TO EMPLOYEES.
Requests Nos. 34-39: See #1, 8.
Request No. 40: To the extent any responsive documents exist, CSU will produce.
Requests 41-42, 44: To the extent any responsive documents exist, subject to the limits we
discussed, CSU will produce.
Request No. 43: CSU does not agree to produce. MTC.
Request No. 45: CSU agrees to produce all documents from 2018 onward regarding any
proposed discipline and/or the lawsuit allegations. JANUARY 1 2018 ONWARD.
Request No. 47: You agreed to limit this request to an org chart or similar document relating to
the interactive process and who to address requests for accommodation to within Randolph’s
danartmant bam attamntina ta aecartain wihathar anu euch darumant avicte and aarnn tn
MepaNUNeHe. Pat ateeripung LU ase! Lan! wireute! any 2UuH YULUINEHL CAIoLs alu agice Ww
produce it if so.
Request No. 49: CSU agrees to produce any responsive documents.
Request No. 50: CSU cannot answer. But to the extent any nonprivileged documents exist that
relate to the lawsuit allegations, they will be produced.
Request No. 51: This is not a document request. CSU will respond to a properly-phrased
interrogatory asking for the identity of the persons who assumed her duties. WILL DO
INTERROGATORY.
Request No. 52: None.
Requests Nos. 53-54: CSU agrees to produce any responsive documents.
Request No. 55: You agreed to get back to me regarding what this request is seeking. i WROTE
TO YOU RE THIS ON FRIDAY.
Request No. 56: CSU agrees to produce any COBRA notice and/or other related documents.
Request No. 57: You agreed to limit this request to the 5 year period from 1/1/14 to 1/31/19.
To the extent any documents exist, they will be produced.
Request No. 58: CSU initially objected. | agreed to reevaluate this request with the client and
am in the process of doing so. YOU HAVE AGREED TO GET BACK TO ME.
Request No. 62: CSU agrees to produce any responsive documents.
Request No. 63: You agreed to limit this request to attendance numbers for the Conference for
the years in question. | am in the process of ascertaining whether a document exists. This may
more properly be the subject of an interrogatory.
Request No. 64: You agreed to get back to me on what you believe should be produced so we
can further discuss. WE ARE LOOKING FOR THE TOTAL NUMBER OF DONORS FOR EACH
CONFERENCE, AND THE TOTAL AMOUNT DONATED FOR EACH CONFERENCE FROM 2006-2019
Request No. 66: CSU agrees to produce any responsive documents.
Request No. 67: You agreed to get back to me on what you believe should be produced so we
can further discuss. WE ARE LOOKING TO MATCH UP DONATIONS WITH THE REPORTING OF
DONATIONS.
Request No. 68: You agreed to limit this request to the permit. CSU will produce a copy if it
exists.
Request No. 69: See #5 regarding electronic records.
Request No. 70: CSU does not agree to produce. MTC.
Request No. 71: CSU agrees to produce any responsive documents. But see #5 regarding
electronic records.
Request No. 72: You agreed to limit this request to the time from January 2018 forward. To the
extent such documents exist, CSU agrees to produce.
Request Nos. 74-79: CSU agrees to produce any responsive documents.
Request No. 80, 88: | do not know what documents this request is seeking.
80: WE ARE SEEKING CORRESPONDENCE AND ANY DOCUMENTATION REGARDING THE RELAUNCH OF THE THIS
WAY TO SUSTAINABILITY WEBSITE AFTER IT WAS SHUT DOWN ON DEC 4, 2018.
88: THIS INCLUDES ALL PAGES FROM THIS WAS TO SUSTAINABILITY CONFERENCE WEBSITE FROM DATE O}
JUNCH (IT WAS SHUT DOWN ON 12/14/18) TO DATE OF THE CONFERENCE IN 2019.
Request No. 81: See #5 regarding electronic records. WE DO NOT AGREE TO LIMIT THIS TO JAN
12018. THIS REQUEST IS FROM 1/1/17. PLEASE VERIFY THAT YOU WILL NOT PRODUCE THIS. IF
THAT IS THE CASE WE WILL DO MTC.
quests 82-87: | am attempting to ascertain what exists and whether there is any concern
about the content being objectionable. PLEASE LET ME KNOW.
Numbers that are omitted are numbers where you indicated “skip” or similar.
Jerry Deschler Jr.
Deputy Attorney General IV
1300 I Street
Sacramento, CA 95814
Phone: (916) 210-7871
Fax: (916) 324-5567
CONFIDENTIALITY NOTICE: This communication with its contents may contain
confidential and/or legally privileged information. It is solely for the use of the intended
recipient(s). Unauthorized interception, review, use or disclosure is prohibited and may
violate applicable laws including the Electronic Communications Privacy Act. If you are
not the intended recipient, please contact the sender and destroy all copies of the
communication.
From: Tom Dimitre
Sent: Thursday, October 24, 2019 12:07 AM
To: Jerry Deschler
Subject: Re: Notes from phone call re meet and confer on Plaintiff's 1st RFP
Jerry: Here you go.
On Oct 17, 2019, at 8:22 AM, Jerry Deschler
wrote:
Tom, | was attempting to address this this morning, but the email formatting is
strange, and parts of sentences and the request numbers are cut off. Can you re-
send? Is it showing up that way on your end?
Jerry Deschler Jr.
Deputy Attorney General IV
1300 I Street
Sacramento, CA 95814
Phone: (916) 210-7871
Fax: (916) 324-5567
CONFIDENTIALITY NOTICE: This communication with its contents may
contain confidential and/or legally privileged information. It is solely for the
use of the intended recipient(s). Unauthorized interception, review, use or
disclosure is prohibited and may violate applicable laws including the
Electronic Communications Privacy Act. If you are not the intended recipient
please contact the sender and destroy all copies of the communication.
From: Tom Dimitre
Sent: Friday, October 11, 2019 9:36 PM
To: Jerry Deschler
Subject: Notes from phone call re meet and confer on Plaintiff's Ist RFP
Jerry: Here are my notes re our discussion re Randolph’s Ist RFP over the
past two days:
Let me know your thoughts. Thanks. Tom
Will produce specific files. Est 3-4 weeks
Job descriptions back 5 years. Will be produced
Will produce
Will produce
Limit time period for electronic documents, OK for all hard copies. Jan 2018
for electronic docs?
Jim? He will ask Jim or allow me to. Teri Randolph, Teresa Randolph. This
Way to Sustainability Conference as search terms
7. See 6.
8. Will produce medical records
9. Disciplinary policies — internal policies and procedures. Will be produced.
10. Ack of receipts. Ok will produce.
11. Internal policies re disability will produce.
12. Ditto.
13.See #9
14. Transfers and hiring of external/internal applications — internal policies, not
UNION contract. Will produce.
15. Give names of supervisors/managers, subject matter is accommodation request
16. Review/analysis of Randolph’s discipline. Other analysis of other disciplines
back 5 years. Redact names or other personal ID information. Will get back
to me if any info found.
17. Part of #1.
18. Limit to managers/supervisors and Randolph regarding training received but
also a list of all trainings offered. 5 years. List of all trainings and sign in
sheets. This would include: Daley, Larson, Saake, Neuhart, John Unruh, Mr.
Pushnik. Ms. Gayle Hutchinson, Mr. Grassian, Ms. Jennifer Mays, Ms.
Pamela Hollis, Ms. Eileen Chavez.
19. Skip.
20. Skip
21. Disability training only to Ms. Randoplh.
22. Jerry will ask if these docs exist.
23. Audit, compliance, documents. DFEH, EEOC, can redact names.
Specific employees and reasonable accommodation interactive process
24, Skip.
25. Incorporated in 21.
26. Incorporated in 21.
27. Search terms: Teri Randlph, Teesa Randolph and This to Way to Sust are
going to be search terms.
28. Incorpoated into 27.
29. Limit to proposed discipline.
30. Limit to proposed discipline and July 1, 2018 forward.
31. Skip.
32. Jan 1, 2018 forward. Larson. Daley, Saake, HR conversations and proposed
discipline and regarding the legal case.
33. January 2018 forward, University and private cell phone calls and texts.
Tom to subpoena private records. Jerry will check if any docs.
34. 35. 36. 38. duplicative of#1 and #8
37. Will produce. Will check if any docs.
39, Will produce.
40 Will produce.
41 . Limit to CSU Chico HR and individuals. Jerry will talk to client.
2 . Admin agency (EEOC or DFEH), demand letters limited to CSU Chico.
Jerry will talk to client and get back.
43 . D Objects to providing.
44 . Incorporated into 42.
45 . Jan 1 2018 forward - allegations in complaint or proposed discipline.
46 skip
47 organization chart/flow chart re interactive process/accommodation, and
within department.
Will produce department org chart and any chart re reporting disability issues.
48. Skip
49. Already been addressed. Jerry will get back re Jim.
50. Doesn’t know yet.
51 . OK except for age. gender. Reframe question. Will provide name. salary, job
title, job description of replacement.
52 . There is no insurance policy.
53 . Will produce.
54 Will produce.
55. Tom will get back to him on what we are looking for specifically.
56. . Rephrase docs regarding notification to P of avail of COBRA. We are looking
for evidence of notification of |
COBRA eligibility to Randolph. Will produce.
57s Five years. From January 1, 2014- January 31, 2019. Will produce.
58 Jerry will look into and get back to me.
59. Already covered.
60. Already covered.
61 Already covered.
62 OK, will produce.
63 . Total numbers of attendees by year. Not asking for names. Will produce.
64 . Tom will check with Plaintiff.
65 . covered already
66 . ok. Will produce.
67 . Tom to check with client.
68 ok, will produce.
69 . Specific employees are: Daley, Larson, Saake, Neuhart. John Unruh, Mr.
Pushnik, Ms. Gayle Hutchinson, Mr. Grassian. Ms.
Jennifer Mays. Ms. Pamela Hollis, Ms. Eileen Chavez.
70. Will not produce, not relevant.
71. ok, will produce.
72. Limit timeframe from January 1, 2018 through January 2019. Will produce.
73. already covered
74. OK. Will produce.
75 — 79 —will produce.
80. will produce.
81-88. Intent to produce. needs to review. Will get back to Tom.
#83-85- does not have yet. Will obtain and review and get back to Tom.
Check with client.
86. My Documents folder — Tom to check with client re importance.
He will look into and get back to Tom.
87. Tom to get actual address re Sustainability account from client.
88. No objections. Will produce.
CONFIDENTIALITY NOTICE: This communication with its contents may contain confidential
and/or legally privileged information. It is solely for the use of the intended recipient(s).
Unauthorized interception, review, use or disclosure is prohibited and may violate applicable
laws including the Electronic Communications Privacy Act. If you are not the intended
recipient, please contact the sender and destroy all copies of the communication.
CONFIDENTIALITY NOTICE: This communication with its contents may contain confidential and/or legally
privileged information. It is solely for the use of the intended recipient(s). Unauthorized interception, review,
use or disclosure is prohibited and may violate applicable laws including the Electronic Communications
Privacy Act. If you are not the intended recipient, please contact the sender and destroy all copies of the
communication.
Thomas Dimitre, Attorney at Law
CSB 276924
dimitre@mind.net
PO Box 801
Ashland, OR 97520
Telephone: 541-890-5022
Attorney for Plaintiff
IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF BUTTE
TERESA RANDOLPH, an individual,
Plaintiff
10 vs.
Case No. 19CV01226
11
TRUSTEES OF THE CALIFORNIA PLAINTIFF’S REPLY TO
12 STATE UNIVERSITY, STATE OF MOTION TO COMPEL
(CALIFORNIA, CYNTHIA DALEY, AND
13 DEBRA LARSON EXHIBIT 3
14
15 Defendants
16
17
18
19
20
21
22
23
24
25
26
27
28
PLAINTIFF'S MOTION TO COMPEL PRODUCTION F DOCUMENTS
From: Tom Dimitre dimitr ind.net
Subject: RANDOLPH - Re: N from phone call re meet and confer on Plaintiff's 1st RFP
Date: October 28, 2019 at 11:05 AM
To: Jerry Deschler Jerry. Deschler@doj.ca.gov
Jerry:
My responses IN CAPS below:
Though you give a date that #s1 and 17 will be produced, | need a date that all of the
docs will be produced.
Thanks.
Tom
On Oct 25, 2019, at 3:31 PM. Jerry Deschler wrote:
Thank you. Please see below.
Request Nos. 1, 17: CSU agrees to produce the employment-related files for Randolph,
including her personnel file, medical file, grievance files, etc. We estimate production in 3-4
weeks as discussed.
Request No. 2: Job descriptions will be produced, going back 5 years.
Request No. 3: CSU ADA, FEHA disability, FMLA, and CFRA policies will be produced.
Request No. 4: Payroll records will be produced.
Request Nos. 5, 6, 7: CSU agrees to produce records in her files. For electronic records, we
began, but did not finish, compiling search terms to limit the scope of what will be searched and
produced. This will be true for o
Preview
F Superior Court of California F County of Butte Thomas Dimitre, Attorney at Law CSB 276924 L 11/12/2019 L dimitre@mind.net PO Box 801 E E Ashland, OR 97520 Telephone: 541-890-5022 D Fi , Clerk D Attorney for Plaintiff By Deputy Electronically FILED IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF BUTTE TERESA RANDOLPH, an individual, Plaintiff 10 vs. Case No. 19CV01226 11 TRUSTEES OF THE CALIFORNIA PLAINTIFF’S REPLY TO 12 STATE UNIVERSITY, STATE OF MOTION TO COMPEL CALIFORNIA, CYNTHIA DALEY, AND 13 DEBRA LARSON 14 15 Defendants 16 HEARING DATE: November 13, 2019 17 HEARING TIME: 9:00 AM 18 JUDGE: HONORABLE ROBERT 19 GLUSMAN 20 DEPT: 10 g1 TRIAL DATE: NONE 22 23 24 25 This is Plaintiff, Teresa Randolph’s, Reply to her Motion to Compel Production of 26 27 Documents. 28 PLAINTIFF'S MOTION TO COMPEL PRODUCTION OF DOCUMENTS: Meet and Confer Defendant counsel, apparently, has never seen a meet and confer that he approves of. Plaintiff's counsel spent three hours on the phone with Defendant’s counsel, sent Defendant’s counsel notes regarding the meeting and asked for a response. When no response was forthcoming, Plaintiff's counsel requested a response for a second time. Defendant’s counsel then requested more information. Plaintiff's counsel responded to that request in a timely manner. Plaintiff sent Defendant’s counsel five separate emails following upon the three hour meet and confers. See Exhibit 2. 10 It is Defendant’s counsel who has not complied with his obligation to provide documents 11 Five months have passed since Plaintiff first requested documents, and to date NONE have been 12 13 produced. The Court must end Defendant’s continued games regarding the important and 14 necessary discovery process. 15 16 Timeliness of Filing 17 The Court ordered that Plaintiff file a separate statement no later than November 5, 2019. 18 19 Plaintiff did so. In addition, Plaintiff emailed a copy of the filings to the Defendant on the same 20 date. See Exhibit 1. 21 Plaintiff complied with the Court’s order to file by November 5 2019. 22 23 Filing By Necessity, Was Required to update court on the recent developments. 24 The November 5, 2019 filing was required to update the previous filing, so that the Court 25 26 could ascertain what had occurred since the last hearing. In addition, Plaintiff attempted to make 27 the Motion to Compel clearly and more easily understood. 28 PLAINTIFF'S MOTION TO COMPEL PRODUCTION OF DOCUMENTS Defendant’s Counsel Continues to Misinform the Court Defendant counsel, in his Response, states this to the Court: “For example, No. 81 seeks Randolph’s entire email file for the entire course of her 22 year employment.” This is patently false. In Plaintiff's email to Defendant on October 28 2019, he states this: “Request No. 81: See #5 regarding electronic records. (Plaintiff's statement):WE DO NOT AGREE TO LIMIT THIS TO JAN 1 2018. THIS REQUEST IS FROM 1/1/17. 10 PLEASE VERIFY THAT YOU WILL NOT PRODUCE THIS. IF THAT IS THE CASE il WE WILL DO MTC.” Exhibit 3. 12 13 Defendant counsel is clearly misinforming the court on this, and other items. Plaintiff's 14 counsel clearly told Defendant’s counsel that it needed about two years of information regarding 15 Request No. 81. Yet, Defendant’s counsel tries to tell the Court that Plaintiff is asking for 22 16 years of documents. LY, The Court should not reward Defendant counsel for his frivolous arguments that are 18 19 without merit. 20 Conclusion 21 For all of the reasons stated above, and stated in the Motion to Compel and Separate 22 Statement, the Court should GRANT Plaintiff's Motion to Compel, and require that Defendant 23 produce all of the documents requests (with the parameters agreed to during the meet and confer) 24 25 within two weeks of the hearing on this matter. 26 27 Respectfully submitted, 28 PLAINTIFF'S MOTION TO COMPEL PRODUCTION OF DOCUMENTS Thomas Dimitre Attorney at Law LLC By: /s/ Thomas Dimitre Thomas Dimitre Attorney for Plaintiff Teresa Randolph Dated: November 10, 2019 10 11 12 13 14 15 16 17 18 19 20 21. 22 23 24 25 26 27 28 PLAINTIFF'S MOTION TO COMPEL PRODUCTION OF DOCUMENTS Thomas Dimitre SBN 276924 Thomas Dimitre Attorney at Law LLC PO Box 801 Ashland, OR 97520 Tel: 541 890 5022 Fax: 541 488 4601 Email: dimitre@mind.net IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF BUTTE 10 11 TERESA RANDOLPH, Case No. 19CV01226 12 13 Plaintiff SWORN DECLARATION OF THOMAS 14 and DIMITRE IN SUPPORT OF MOTION TO 15 COMPEL AND MOTION FOR ATTORNEY’S FEES. 16 TRUSTEES OF THE CALIFORNIA STATE UNIVERSITY, STATE OF 17 CALIFORNIA, CYNTHIA DALEY, AND DEBRA LARSON 18 19 Defendants 20 21 22 23 24 25 26 27 28 I, Thomas Dimitre, resident and am employed in Oregon, declare and state as follows: 1 I am the Plaintiff's attorney in this case. 2 I am personally aware of all of the facts, and am competent to testify about each fact as set forth in this declaration. All of my statements are based on my personal knowledge. I am competent to testify to these facts. 3. Exhibits 1, 2 and 3 are true and correct copies of emails sent to Mr. Deschler and received from Mr. Deschler in regards to this case and are attached hereto. 10 4 I swear, under the penalty of perjury, under the laws of the State of California, that 11 the foregoing is true and correct. 12 s/s Thomas Dimitre 13 Date: November 10, 2019 Thomas Dimitre 14 Attorney for Plaintiff Teresa Randolph 15 16 17 18 19 20 21 22 23 24 25 26 27 28 CERTIFICATE OF SERVICE I, Thomas Dimitre, declare as follows: Iam an employee of Thomas Dimitre, Attorney at Law, over the age of eighteen years and not a party to this action. My business address is PO BOX 801, Ashland, Oregon 97520. My business telephone number is (541) 890-5022, and my fax number is (541) 488-4601. On October 10, 2019 I served the foregoing document(s) described as: 1 Reply to Motion to Compel 10 by placing true copies thereof in sealed envelopes with postage thereon fully prepaid, 11 in the United States mail at ASHLAND, OR addressed as shown below: 12 Jerry Deschler Jr. 13 Deputy Attorney General IV 14 1300 I Street Sacramento, CA 95814 15 16 I declare, under penalty of perjury under the laws of the St f California, that 17 the foregoing is true and correct. Executed vember 1 019 at Ashland OR. 18 19 THO! TRE 20 Attorney for Plaintiff, 21 Teresa Randolph 22 23 24 25 26 27, 28 PLAINTIFF'S MOTION TO COMPEL PRODUCTION OF DOCUMENTS Thomas Dimitre, Attorney at Law CSB 276924 dimitre@mind.net PO Box 801 Ashland, OR 97520 Telephone: 541-890-5022 Attorney for Plaintiff IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF BUTTE TERESA RANDOLPH, an individual, Plaintiff 10 vs. Case No. 19CV01226 11 TRUSTEES OF THE CALIFORNIA PLAINTIFF’S REPLY TO 12 STATE UNIVERSITY, STATE OF MOTION TO COMPEL CALIFORNIA, CYNTHIA DALEY, AND 13 DEBRA LARSON EXHIBIT 1 14 15 Defendants 16 Ly 18 19 20 21 22 23 24 25 26 27 28 PLAINTIFF'S MOTION TO COMPEL PRODUCTION OF DOCUMENTS From: Tom Dimitre dimitre@mind.net ee 5, Subject: FILED TODAY Date: November 5, 2019 at 10:29 PM To: Jerty Deschler Jerry. Deschler@doj.ca.gov iL ZL pe PDF PDF PDF Randolph Randolph RANDOLPH Motion...19.pdf Motion...ent.pdf DIMITR...EL.pdf Thomas Dimitre, Attorney at Law CSB 276924 dimitre@mind.net PO Box 801 Ashland, OR 97520 Telephone: 541-890-5022 Attorney for Plaintiff IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF BUTTE TERESA RANDOLPH, an individual, Plaintiff 10 vs. Case No. 19CV01226 11 ITRUSTEES OF THE CALIFORNIA PLAINTIFF’S REPLY TO 12 STATE UNIVERSITY, STATE OF MOTION TO COMPEL CALIFORNIA, CYNTHIA DALEY, AND 13 DEBRA LARSON EXHIBIT 2 14 15 Defendants 16 17 18 19 20 21 22 23 24 25 26 27 28 PLAINTIFF'S MOTION TO COMPEL PRODUCTION OF DOCUMENTS Fros Tom Dimitre dimitre@mind.net Subje randolph x sy Date: October 8, 2019 at 9:56 AM To: Jerry Deschler Jerry, Deschler@doj.ca.gov Jerry: Are you available to discuss production of documents on Thursday at 10 am, so that we can go through each request? Probably 1 1/2 hours. Tom Fro Tom Dimitre dimitre@mind.net Subje Notes from phone call re meet and confer on Plaintiff's 1st RFP e Date: October 11, 2019 at 9:36 PM Jerry Deschler Jerry. Deschier@doj.ca gov Bei Tom Dimitre dimitre@mind.net Jerry: Here are my notes re our discussion re Randolph's 1st RFP over the past two days: Let me know your thoughts. Thanks. Tom Will produce specific files. Est 3-4 weeks Job descriptions back 5 years. Will be produced Will produce Will produce Limit time period for electronic documents, OK for all hard copies. Jan 2018 for electronic docs? Jim? He will ask Jim or allow me to. Teri Randolph, Teresa Randolph, This Way to Sustainability Conference as search terms See 6. 8. Will produce medical reocrds 9. Disciplinary policies — internal policies and procedures. Will be produced. 10. Ack of receipts. Ok will produce. 1401 internal policies re disability will produce. 12. Ditto. 13. See #9 14, Transfers and hiring of external/internal applications — internal policies, not UNION contract. Will produce 15. Give names of supervisors/managers, subject matter is accommodation request 16. Review/analysis of Randolph's discipline. Other analysis of other disciplines back 5 years. Redact names or other personal ID information. Will get back to me if any info found. 17. Part of #1. 18. of all Limit to managers/supervisors and Randolph regarding training received but also a list of all trainings offered. 5 years. ListHutchinson, trainings and sign in sheets, This would include: Daley, Larson, Saake, Neuhart, John Unruh, Mr. Pushnik, Ms. Gayle Mr. Grassian, Ms. Jennifer Mays, Ms. Pamela Hollis, Ms. Eileen Chavez. 19. Skip. 20. Skip 21 Disability training only to Ms. Randopih. 22. Jerry will ask if these docs exist. 23. Audit, compliance, documents. DFEH, EEOC, can redact names. Specific employees and reasonable accommodation interactive process 24. Skip. 25. Incorporated in 21. 26. Incorporated in 21. 27. Search terms: Teri Randiph, Teesa Randolph and This to Way to Sust are going to be search terms. 28. Incorpoated into 27. 29. Limit to proposed discipline. an AV tenth tn at ah 4 antetn OU. LITE WW plUpUseY UIsLIpMIIE alu yuly 1, cU10 1UIWalU. 31. Skip. 2. Jan 1, 2018 forward, Larson, Daley, Saake, HR conversations and proposed discipline and regarding the legal case. 33. January 2018 forward, University and private cell phone calls and texts. Tom to subpoena private records. Jerry will check if any docs. 34, 35. 36. 38. duplicative of #1 and #8 37. Will produce. Will check if any docs. 39. Will produce. 40. Will produce. 41 Limit to CSU Chico HR and individuals. Jerry will talk to client. 42. Admin agency (EEOC or DFEH), demand letters limited to CSU Chico. Jerry will talk to client and get back. 43. D Objects to providing. 44, Incorporated into 42. 45. Jan 1 2018 forward - allegations in complaint or proposed discipline. 46. skip 47. organization chart/flow chart re interactive process/accommodation, and within department. Will produce department org chart and any chart re reporting disability issues. 48. Skip 49. Already been addressed. Jerry will get back re Jim. 50. Doesn’t know yet. 51. OK except for age, gender. Reframe question. Will provide name, salary, job title, job description of replacement. 52. There is no insurance policy. 53. Will produce. 54 Will produce. 55. Tom will get back to him on what we are looking for specifically. 56. Rephrase docs regarding notification to P of avail of COBRA. We are looking for evidence of notification of | COBRA eligibility to Randolph. Will produce. 57. Five years. From January 1, 2014- January 31, 2019. Will produce. 58. Jerry will look into and get back to me. 59. Already covered. 60. Already covered. 61 Already covered. 62. OK, will produce. 63. Total numbers of attendees by year. Not asking for names. Will produce. 64. Tom will check with Plaintiff. 65. covered already 66. ok. Will produce. 67. Tom to check with client. 68. ok, will produce. 69. Specific employees are: Daley, Larson, Saake, Neuhart, John Unruh, Mr. Pushnik, Ms. Gayle Hutchinson, Mr. Grassian, Ms. Jennifer Mays, Ms. Pamela Hollis, Ms. Eileen Chavez. 70. ). Will not produce, not relevant. 71 ok, will produce. 72. . Limit timeframe from January 1, 2018 through January 2019. Will produce. 73. already covered 74. OK. Will produce. 75 — 79 — will produce. 80. will produce. 81-88. Intent to produce, needs to review. Will get back to Tom. #83-85- does not have yet. Will obtain and review and get back to Tom. Check with client. 86. My Documents folder — Tom to check with client re importance. He will look into and get back to Tom. 87. Tom to get actual address re Sustainability account from client. 88. No objections. Will produce. From: : Tom Dimitre dimitre@mind.net Subject: Re: Notes from phone call re meet and confer on Plaintiff's 1st RFP Date: : October 16, 2019 at 8:48 AM To: : Jerry Deschler Jerry Deschler@doj.ca gov Jerry: Can you please confirm your agreement with these notes and that you intend to produce these documents within 3-4 weeks? Thanks. Tom Dimitre On Oct 11, 2019, at 9:36 PM, Tom Dimitre wrote: Jerry: Here are my notes re our discussion re Randolph's 1st RFP over the past two days: Let me know your thoughts. Thanks. Tom Will produce specitic files. Est 3-4 weeks Job descriptions back 5 years. Will be produced Will produce Will produce Limit time period for electronic documents, OK for all hard copies. Jan 2018 for electronic docs? Jim? He will ask Jim or allow me to. Teri Randolph, Teresa Randolph, This Way to Sustainability Conference as search terms See 6. 8. Will produce medical reocrds 9. Disciplinary policies — internal policies and procedures. Will be produced. 10JAck of receipts. Ok will produce. 11.finternal policies re disability will produce. 12 Ditto. 13.JSee #9 44 Transfers and hiring of externalfinternal applications— internal policies, not UNION contract. Will produce. 15]Give names of supervisors/managers, subject matter is accommodation request 46 |Review/analysis of Randolph's discipline. Other analysis of other disciplines back 5 years. Redact names or other personal ID information. Will get back to me if any into found. 17 JPart of #1. 18]Limit to managers/supervisors and Randolph regarding training received but also a list of all trainings offered. 5 years. List of all trainings and sign in sheets. This would include: Daley, Larson, Saake, Neuhart. John Unruh, Mr. Pushnik, Ms. Gayle Hutchinson, Mr. Grassian, Ms. Jennifer Mays, Ms. Pamela Hollis, Ms. Eileen Chavez. 19Skip. 20|Skip 21 JDisability training only to Ms. Randopth. 22|| Jerry will ask if these docs exist. 23 Audit, compliance, documents. DFEH, EEOC, can redact names. Specific employees and reasonable accommodation interactive process 24|skip. 25,JIncorporated in 21. 28 Iinenenaratad in 94 Ruypurpurmou nies 27] Search terms: Teri Randiph, Teesa Randolph and This to Way to Sust are going to be search terms. 28 JIncorpoated into 27. 29 JLimit to proposed discipline. 30Limit to proposed discipline and July 1, 2018 forward 31 JSkip. $2.an 1, 2018 forward, Larson, Daley, Saake, HR conversations and proposed discipline and regarding the legal case. 33.Nanuary 2018 forward, University and private cell phone calls and texts. Tom to subpoena private records. Jerry will check if any docs, 34] 35. 36. 38. duplicative of #1 and #8 37] Will produce. Will check if any docs, 39,1 Will produce. 40] Will produce. 41 JLimit to CSU Chico HR and individuals. Jerry will talk to client. 42] Admin agency (EEOC or DFEH), demand letters limited to CSU Chico. Jerry will talk to client and get back. 43] D Objects to providing. 44] Incorporated into 42. 45] Jan 1 2018 forward - allegations in complaint or proposed discipline. 46 skip 47] organization chart/flow chart re interactive process/accommodation, and within department. Will produce department org chart and any chart re reporting disability issues. 48,1Skip 49. Already been addressed. Jerry will get back re Jim. 50] Doesn't know yet. 51, OK except for age, gender. Reframe question. Will provide name, salary, job title, job description of replacement. 62There is no insurance policy. 53,|Will produce. 54 |Will produce. 55,] Tom will get back to him on what we are looking for specifically. 56] Rephrase docs regarding notification to P of avail of COBRA. We are looking for evidence of notification of | COBRA eligibility to Randolph, Will produce. 57] Five years. From January 1, 2014- January 31, 2019. Will produce. 58, Jerry will look into and get back to me. 59] Already covered. 60] Already covered. 61, Already covered, 62] OK, will produce. 63] Total numbers of attendees by year. Not asking for names. Will produce. 64] Tom will check with Plaintiff. 65 Jcovered already 66 Jok. Will produce. 67] Tom to check with client. 68, ok, will produce. 69.] Specific employees are: Daley, Larson, Saake, Neuhart, John Unruh, Mr. Pushnik, Ms. Gayle Hutchinson, Mr, Grassian, Ms. Jennifer Mays, Ms. Pamela Hollis, Ms. Eileen Chavez. 70, Will not produce, not relevant. 71] ok, will produce. 72] Limit timeframe from January 1, 2018 through January 2019. Will produce. 73) already covered 74) OK. Will produce. 75-79 — will produce. 80] will produce, 81 8. Intent to produce, needs to review. Will get back to Tom. #84-85- does not have yet. Will obtain and review and get back to Tom. Chpck with client. 86My Documents foider — Tom to check with client re importance. Hejwill look into and get back to Tom. 87 |Tom to get actual address re Sustainability account from client. 88] No objections. Will produce. From: Tom Dimitre dimitre@mind.net & ® Subject: Re: Notes from phone call re meet and confer on Plaintiff's 1st RFP Date: October 24, 2019 at 12:07 AM To: Jerry Deschler Jerry.Deschler@doj.ca.gov Jerry: Here you go. Randolph Notes re RFP.pdf On Oct 17, 2019, at 8:22 AM, Jerry Deschler wrote: Tom, | was attempting to address this this morning, but the email formatting is strange, and parts of sentences and the request numbers are cut off. Can you re-send? Is it showing up that way on your end? Jerry Deschler Jr. Deputy Attorney General IV 1300 I Street Sacramento, CA 95814 Phone: (916) 210-7871 Fax: (916) 324-5567 CONFIDENTIALITY NOTICE: This communication with its contents may contain confidential and/or legally privileged information. It is solely for the use of the intended recipient(s). Unauthorized interception, review, use or disclosure is prohibited and may violate applicable laws including the Electronic Communications Privacy Act. If you are not the intended recipient, please contact the sender and destroy all copies of the communication. From: Tom Dimitre Sent: Friday, October 11, 2019 9:36 PM To: Jerry Deschler Subject: Notes from phone call re meet and confer on Plaintiff's Ist RFP Jerry: Here are my notes re our discussion re Randolph’s Ist RFP over the past two da $8: Let me know your thoughts. Thanks. Tom 1 Will produce specific files. Est 3-4 weeks 2.| Job descriptions back 5 years. Will be produced 3.) Will produce Will produce Limit time period for electronic documents, OK for all hard copies. Jan 2018 for electronic docs? Jim? He will ask Jim or allow me to. Teri Randolph, Teresa Randolph, This Way to Sustainability Conference as search terms See 6. Will produce medical reocrds Disciplinary policies — internal policies and procedures. Will be produced. Ack of receipts. Ok will produce. 1] Internal policies re disability will produce. 14 Ditto. 13 See #9 14 Transfers and hiring of external/internal applications — internal policies. not UNION contract. Will produce. 1§ Give names of supervisors/managers, subject matter is accommodation request 1q Review/analysis of Randolph’s discipline. Other analysis of other disciplines back 5 years. Redact names or other personal ID information. Will get back to me if any info found. 17 Part of #1. 19. Limit to managers/supervisors and Randolph regarding training received but also a list of all trainings offered. 5 years. List of all trainings and sign in sheets. This would include: Daley, Larson, Saake, Neuhart, John Unruh, Mr. Pushnik, Ms. Gayle Hutchinson, Mr. Grassian, Ms. Jennifer Mays, Ms. Pamela Hollis, Ms. Eileen Chavez. 1g Skip. 2q Skip zl Disability training only to Ms. Randoplh. 24. Jerry will ask if these does exist. 23. Audit, compliance, documents. DFEH. EEOC, can redact names. Specific employees and reasonable accommodation interactive process 24 Skip. 24 24 Incorporated in 21. Incorporated in 21. 27 Search terms: Teri Randlph, Teesa Randolph and This to Way to Sust are going to be search terms. 28 Incorpoated into 27. Limit to proposed discipline. 3q Limit to proposed discipline and July 1, 2018 forward. Skip. 3 Jan 1, 2018 forward, Larson, Daley. Saake. HR conversations and proposed discipline and regarding the legal case. 33 January 2018 forward, University and private cell phone calls and texts. m to subpoena private records. Jerry will check if any docs. 34 35. 36. 38. duplicative of#1 and #8 37 Will produce. Will check if any does. 39 Will produce. Will produce. 4] Limit to CSU Chico HR and individuals. Jerry will talk to client. 4 Admin agency (EEOC or DFEH). demand letters limited to CSU Chico. Jerry will talk to client and get back. 43 D Objects to providing. 44 Incorporated into 42. 49 Jan 1 2018 forward - allegations in complaint or proposed discipline. 46g skip 4 organization chart/flow chart re interactive process/accommodation, and within department. Il produce department org chart and any chart re reporting disability issues. she 4y . Skip 4g . Already been addressed. Jerry will get back re Jim. 5q |. Doesn’t know yet. . OK except for age. gender. Reframe question. Will provide name, salary. job title, job description of replacement. 5q . There is no insurance policy. 53 |. Will produce. 54 Will produce. 53 Tom will get back to him on what we are looking for specifically. 5q. Rephrase docs regarding notification to P of avail of COBRA. We are looking for evidence of notification of | COBRA eligibility to Randolph. Will produce. 34 Five years. From January 1, 2014- January 31, 2019. Will produce. 54 Jerry will look into and get back to me. 59 Already covered. 6 Already covered. 6 Already covered. 64 OK, will produce. 63 Total numbers of attendees by year. Not asking for names. Will produce. 64 Tom will check with Plaintiff. 65 . covered already 6 |. ok. Will produce. 6 |. Tom to check with client. 68 ok, will produce. 69 . Specific employees are: Daley, Larson, Saake, Neuhart, John Unruh, Mr. Pushnik, Ms. Gayle Hutchinson, Mr. Grassian, Ms. Jehnifer Mays, Ms. Pamela Hollis, Ms. Eileen Chavez. 70 Will not produce, not relevant. 7] ok, will produce. 72 Limit timeframe from January 1, 2018 through January 2019. Will produce. 73 already covered 74 OK. Will produce. 74-79 ~ will produce. 8q. will produce. 8188. Intent to produce. needs to review. Will get back to Tom. #§3-85- does not have yet. Will obtain and review and get back to Tom. Check with client. 84. My Documents folder — Tom to check with client re importance. He will look into and get back to Tom. 84. Tom to get actual address re Sustainability account from client. 89. No objections. Will produce. CONFIDENTIALITY NOTICE: This communication with its contents may contain confidential and/or legally privileged information. It is solely for the use of the intended recipient(s). Unauthorized interception, review, use or disclosure is prohibited and may violate applicable laws including the Electronic Communications Privacy Act. If you are not the intended recipient, please contact the sender and destroy all copies of the communication. From: : Tom Dimitre dimitre@mind.net Subject : Randolph v State Date: : October 25, 2019 at 2:43 PM To : Jerry Deschler Jerry.De chler @doj.ca.gov Jerry: Regarding our RFP: You stated that you would do the following on the listed items: 6 and 7. You stated that you would ask Jim re this. 16. Will get back to me. 22. Will ask if docs exist. 41. You will talk to client. 42. Ditto. 49. You will talk to Jim. 50. Will get back to me. 58. Will get back to me. 81-88. Will get back to me. PLease advise the status of the above. Also please give me an update on when I can expect the docs to be produced. My responses to you: 55. We are looking for loss of retirement benefits, loss of health insurance benefits. 64. We need the donors because one of our allegations is that Daly violated local rules and state law in how she handled donations. 67. Same as #64. 82. Regarding the hard drive - we need Randolph's calendar. I've also been informed that there are emails in storage on the hard drive and in the cloud, which will not be in the regular email system. We need all of those emails. 83-85. Important docs are stored on these box folders, so we need the as requested. 86. All of her important docs are on the My Docs or My Documents folder. We need the entire folder, including subfolders. 88. Sustainability account email address is: sustainability@csuchico.edu Thanks. Tom Dimitre @ From: Tom Dimitre dimitre@mind.net Subject: RANDOLPH - Re: Notes from phone call re meet and confer on Plaintiff's 1st RFP Date: October 28, 2019 at 11:05 AM To: Jerry Deschler Jerry, Deschler@do}.ca gov Jerry: My responses IN CAPS below: Though you give a date that #s1 and 17 will be produced, | need a date that all of the docs will be produced. Thanks. Tom On Oct 25, 2019, at 3:31 PM, Jerry Deschler wrote: Thank you. Please see below. Request Nos. 1, 17: CSU agrees to produce the employment-related files for Randolph, including her personnel file, medical file, grievance files, etc. We estimate production in 3-4 weeks as discussed. Request No. 2: Job descriptions will be produced, going back 5 years. Request No. 3: CSU ADA, FEHA disability, FMLA, and CFRA policies will be produced. Request No. 4: Payroll records will be produced. Request Nos. 5, 6, 7: CSU agrees to produce records in her files. For electronic records, we began, but did not finish, compiling search terms to limit the scope of what will be searched and produced. This will be true for other requests as well. MY UNDERSTANDING IS THAT SEARCH TERMS INCLUDE: RANDOLPH, TERESA RANDOLPH, TERI RANDOLPH, THIS WAS TO SUSTAINABILITY. OTHERS? Request No. 8: CSU agrees to produce all medical records in their possession. Request Nos. 9, 13: CSU agrees to produce disciplinary policies. Request No. 10: CSU agrees to produce acknowledgements of receipt of policies, if such exist. Request Nos. 11, 12: CSU agrees to produce internal policies relating to handling disabilities. Request No. 15: | do not understand my notes or yours regarding number 15. | know we discussed limits, but am not sure what was discussed. THIS HAS TO DO WITH ANY DOCUMENTATION OF TRAINING OF PLAINTIFF OR THE SUPERVISORS/MANAGERS REGARDING REASONABLE ACCOMMODATION/INTERACTIVE PROCESS/DISABILITY. THE FOLKS WE ARE LOOKING FOR ARE: RANDOLPH, DALEY, LARSON, SAAKE, NEUHART, JOHN UNRUH, JIM PUSHNIK, GAYLE HUTCHINSON, EILEEN CHAVEZ, MR. GRASSIAN, MR. JENNIFER MAYS, PAMELA HOLLIS Request No. 14: CSU agrees to produce any internal policies discussing transfer as a potential accommodation. Request No. 16: We did not reach an agreement. However, after making inquiry, the types of documents that | understand you to be seeking do not exist. Therefore, Defendants will answer that there are no responsive documents. OK Request No. 18: We discussed limiting the request to training records and sign-in sheets for certain supervisors named or referenced in the Complaint. CSU does not agree to produce such records. OK WE WILL DO MOTION TO COMPEL. Request No. 21, 25, 26: CSU agrees to produce records substantiating any disability-related training Ms. Randolph received, to the extent such records exist. Request No. 22: CSU agrees to produce its document retention policy. Request No. 23: We discussed limiting the scope of this request, but did not reach an agreement. WE WILL DO MOTION TO COMPEL. Request Nos. 27, 28: See #5 regarding electronic records. Request Nos. 29, 30: CSU agrees to produce all records relating to proposed discipline of Randolph. Request No. 32: CSU agrees to produce communications between Larson, Daley, Saake, and HR regarding any proposed discipline of Randolph or that otherwise relate to the lawsuit allegations. Request No. 33: You agreed to limit the request to personal and university emails, text, and phone records. CSU cannot and will not produce personal records. Regarding the scope of electronic records, see #5. WE WILL EITHER DO MOTION TO COMPEL THESE RECORDS OR DO SUBPOENAS TO EMPLOYEES. Requests Nos. 34-39: See #1, 8. Request No. 40: To the extent any responsive documents exist, CSU will produce. Requests 41-42, 44: To the extent any responsive documents exist, subject to the limits we discussed, CSU will produce. Request No. 43: CSU does not agree to produce. MTC. Request No. 45: CSU agrees to produce all documents from 2018 onward regarding any proposed discipline and/or the lawsuit allegations. JANUARY 1 2018 ONWARD. Request No. 47: You agreed to limit this request to an org chart or similar document relating to the interactive process and who to address requests for accommodation to within Randolph’s danartmant bam attamntina ta aecartain wihathar anu euch darumant avicte and aarnn tn MepaNUNeHe. Pat ateeripung LU ase! Lan! wireute! any 2UuH YULUINEHL CAIoLs alu agice Ww produce it if so. Request No. 49: CSU agrees to produce any responsive documents. Request No. 50: CSU cannot answer. But to the extent any nonprivileged documents exist that relate to the lawsuit allegations, they will be produced. Request No. 51: This is not a document request. CSU will respond to a properly-phrased interrogatory asking for the identity of the persons who assumed her duties. WILL DO INTERROGATORY. Request No. 52: None. Requests Nos. 53-54: CSU agrees to produce any responsive documents. Request No. 55: You agreed to get back to me regarding what this request is seeking. i WROTE TO YOU RE THIS ON FRIDAY. Request No. 56: CSU agrees to produce any COBRA notice and/or other related documents. Request No. 57: You agreed to limit this request to the 5 year period from 1/1/14 to 1/31/19. To the extent any documents exist, they will be produced. Request No. 58: CSU initially objected. | agreed to reevaluate this request with the client and am in the process of doing so. YOU HAVE AGREED TO GET BACK TO ME. Request No. 62: CSU agrees to produce any responsive documents. Request No. 63: You agreed to limit this request to attendance numbers for the Conference for the years in question. | am in the process of ascertaining whether a document exists. This may more properly be the subject of an interrogatory. Request No. 64: You agreed to get back to me on what you believe should be produced so we can further discuss. WE ARE LOOKING FOR THE TOTAL NUMBER OF DONORS FOR EACH CONFERENCE, AND THE TOTAL AMOUNT DONATED FOR EACH CONFERENCE FROM 2006-2019 Request No. 66: CSU agrees to produce any responsive documents. Request No. 67: You agreed to get back to me on what you believe should be produced so we can further discuss. WE ARE LOOKING TO MATCH UP DONATIONS WITH THE REPORTING OF DONATIONS. Request No. 68: You agreed to limit this request to the permit. CSU will produce a copy if it exists. Request No. 69: See #5 regarding electronic records. Request No. 70: CSU does not agree to produce. MTC. Request No. 71: CSU agrees to produce any responsive documents. But see #5 regarding electronic records. Request No. 72: You agreed to limit this request to the time from January 2018 forward. To the extent such documents exist, CSU agrees to produce. Request Nos. 74-79: CSU agrees to produce any responsive documents. Request No. 80, 88: | do not know what documents this request is seeking. 80: WE ARE SEEKING CORRESPONDENCE AND ANY DOCUMENTATION REGARDING THE RELAUNCH OF THE THIS WAY TO SUSTAINABILITY WEBSITE AFTER IT WAS SHUT DOWN ON DEC 4, 2018. 88: THIS INCLUDES ALL PAGES FROM THIS WAS TO SUSTAINABILITY CONFERENCE WEBSITE FROM DATE O} JUNCH (IT WAS SHUT DOWN ON 12/14/18) TO DATE OF THE CONFERENCE IN 2019. Request No. 81: See #5 regarding electronic records. WE DO NOT AGREE TO LIMIT THIS TO JAN 12018. THIS REQUEST IS FROM 1/1/17. PLEASE VERIFY THAT YOU WILL NOT PRODUCE THIS. IF THAT IS THE CASE WE WILL DO MTC. quests 82-87: | am attempting to ascertain what exists and whether there is any concern about the content being objectionable. PLEASE LET ME KNOW. Numbers that are omitted are numbers where you indicated “skip” or similar. Jerry Deschler Jr. Deputy Attorney General IV 1300 I Street Sacramento, CA 95814 Phone: (916) 210-7871 Fax: (916) 324-5567 CONFIDENTIALITY NOTICE: This communication with its contents may contain confidential and/or legally privileged information. It is solely for the use of the intended recipient(s). Unauthorized interception, review, use or disclosure is prohibited and may violate applicable laws including the Electronic Communications Privacy Act. If you are not the intended recipient, please contact the sender and destroy all copies of the communication. From: Tom Dimitre Sent: Thursday, October 24, 2019 12:07 AM To: Jerry Deschler Subject: Re: Notes from phone call re meet and confer on Plaintiff's 1st RFP Jerry: Here you go. On Oct 17, 2019, at 8:22 AM, Jerry Deschler wrote: Tom, | was attempting to address this this morning, but the email formatting is strange, and parts of sentences and the request numbers are cut off. Can you re- send? Is it showing up that way on your end? Jerry Deschler Jr. Deputy Attorney General IV 1300 I Street Sacramento, CA 95814 Phone: (916) 210-7871 Fax: (916) 324-5567 CONFIDENTIALITY NOTICE: This communication with its contents may contain confidential and/or legally privileged information. It is solely for the use of the intended recipient(s). Unauthorized interception, review, use or disclosure is prohibited and may violate applicable laws including the Electronic Communications Privacy Act. If you are not the intended recipient please contact the sender and destroy all copies of the communication. From: Tom Dimitre Sent: Friday, October 11, 2019 9:36 PM To: Jerry Deschler Subject: Notes from phone call re meet and confer on Plaintiff's Ist RFP Jerry: Here are my notes re our discussion re Randolph’s Ist RFP over the past two days: Let me know your thoughts. Thanks. Tom Will produce specific files. Est 3-4 weeks Job descriptions back 5 years. Will be produced Will produce Will produce Limit time period for electronic documents, OK for all hard copies. Jan 2018 for electronic docs? Jim? He will ask Jim or allow me to. Teri Randolph, Teresa Randolph. This Way to Sustainability Conference as search terms 7. See 6. 8. Will produce medical records 9. Disciplinary policies — internal policies and procedures. Will be produced. 10. Ack of receipts. Ok will produce. 11. Internal policies re disability will produce. 12. Ditto. 13.See #9 14. Transfers and hiring of external/internal applications — internal policies, not UNION contract. Will produce. 15. Give names of supervisors/managers, subject matter is accommodation request 16. Review/analysis of Randolph’s discipline. Other analysis of other disciplines back 5 years. Redact names or other personal ID information. Will get back to me if any info found. 17. Part of #1. 18. Limit to managers/supervisors and Randolph regarding training received but also a list of all trainings offered. 5 years. List of all trainings and sign in sheets. This would include: Daley, Larson, Saake, Neuhart, John Unruh, Mr. Pushnik. Ms. Gayle Hutchinson, Mr. Grassian, Ms. Jennifer Mays, Ms. Pamela Hollis, Ms. Eileen Chavez. 19. Skip. 20. Skip 21. Disability training only to Ms. Randoplh. 22. Jerry will ask if these docs exist. 23. Audit, compliance, documents. DFEH, EEOC, can redact names. Specific employees and reasonable accommodation interactive process 24, Skip. 25. Incorporated in 21. 26. Incorporated in 21. 27. Search terms: Teri Randlph, Teesa Randolph and This to Way to Sust are going to be search terms. 28. Incorpoated into 27. 29. Limit to proposed discipline. 30. Limit to proposed discipline and July 1, 2018 forward. 31. Skip. 32. Jan 1, 2018 forward. Larson. Daley, Saake, HR conversations and proposed discipline and regarding the legal case. 33. January 2018 forward, University and private cell phone calls and texts. Tom to subpoena private records. Jerry will check if any docs. 34. 35. 36. 38. duplicative of#1 and #8 37. Will produce. Will check if any docs. 39, Will produce. 40 Will produce. 41 . Limit to CSU Chico HR and individuals. Jerry will talk to client. 2 . Admin agency (EEOC or DFEH), demand letters limited to CSU Chico. Jerry will talk to client and get back. 43 . D Objects to providing. 44 . Incorporated into 42. 45 . Jan 1 2018 forward - allegations in complaint or proposed discipline. 46 skip 47 organization chart/flow chart re interactive process/accommodation, and within department. Will produce department org chart and any chart re reporting disability issues. 48. Skip 49. Already been addressed. Jerry will get back re Jim. 50. Doesn’t know yet. 51 . OK except for age. gender. Reframe question. Will provide name. salary, job title, job description of replacement. 52 . There is no insurance policy. 53 . Will produce. 54 Will produce. 55. Tom will get back to him on what we are looking for specifically. 56. . Rephrase docs regarding notification to P of avail of COBRA. We are looking for evidence of notification of | COBRA eligibility to Randolph. Will produce. 57s Five years. From January 1, 2014- January 31, 2019. Will produce. 58 Jerry will look into and get back to me. 59. Already covered. 60. Already covered. 61 Already covered. 62 OK, will produce. 63 . Total numbers of attendees by year. Not asking for names. Will produce. 64 . Tom will check with Plaintiff. 65 . covered already 66 . ok. Will produce. 67 . Tom to check with client. 68 ok, will produce. 69 . Specific employees are: Daley, Larson, Saake, Neuhart. John Unruh, Mr. Pushnik, Ms. Gayle Hutchinson, Mr. Grassian. Ms. Jennifer Mays. Ms. Pamela Hollis, Ms. Eileen Chavez. 70. Will not produce, not relevant. 71. ok, will produce. 72. Limit timeframe from January 1, 2018 through January 2019. Will produce. 73. already covered 74. OK. Will produce. 75 — 79 —will produce. 80. will produce. 81-88. Intent to produce. needs to review. Will get back to Tom. #83-85- does not have yet. Will obtain and review and get back to Tom. Check with client. 86. My Documents folder — Tom to check with client re importance. He will look into and get back to Tom. 87. Tom to get actual address re Sustainability account from client. 88. No objections. Will produce. CONFIDENTIALITY NOTICE: This communication with its contents may contain confidential and/or legally privileged information. It is solely for the use of the intended recipient(s). Unauthorized interception, review, use or disclosure is prohibited and may violate applicable laws including the Electronic Communications Privacy Act. If you are not the intended recipient, please contact the sender and destroy all copies of the communication. CONFIDENTIALITY NOTICE: This communication with its contents may contain confidential and/or legally privileged information. It is solely for the use of the intended recipient(s). Unauthorized interception, review, use or disclosure is prohibited and may violate applicable laws including the Electronic Communications Privacy Act. If you are not the intended recipient, please contact the sender and destroy all copies of the communication. Thomas Dimitre, Attorney at Law CSB 276924 dimitre@mind.net PO Box 801 Ashland, OR 97520 Telephone: 541-890-5022 Attorney for Plaintiff IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF BUTTE TERESA RANDOLPH, an individual, Plaintiff 10 vs. Case No. 19CV01226 11 TRUSTEES OF THE CALIFORNIA PLAINTIFF’S REPLY TO 12 STATE UNIVERSITY, STATE OF MOTION TO COMPEL (CALIFORNIA, CYNTHIA DALEY, AND 13 DEBRA LARSON EXHIBIT 3 14 15 Defendants 16 17 18 19 20 21 22 23 24 25 26 27 28 PLAINTIFF'S MOTION TO COMPEL PRODUCTION F DOCUMENTS From: Tom Dimitre dimitr ind.net Subject: RANDOLPH - Re: N from phone call re meet and confer on Plaintiff's 1st RFP Date: October 28, 2019 at 11:05 AM To: Jerry Deschler Jerry. Deschler@doj.ca.gov Jerry: My responses IN CAPS below: Though you give a date that #s1 and 17 will be produced, | need a date that all of the docs will be produced. Thanks. Tom On Oct 25, 2019, at 3:31 PM. Jerry Deschler wrote: Thank you. Please see below. Request Nos. 1, 17: CSU agrees to produce the employment-related files for Randolph, including her personnel file, medical file, grievance files, etc. We estimate production in 3-4 weeks as discussed. Request No. 2: Job descriptions will be produced, going back 5 years. Request No. 3: CSU ADA, FEHA disability, FMLA, and CFRA policies will be produced. Request No. 4: Payroll records will be produced. Request Nos. 5, 6, 7: CSU agrees to produce records in her files. For electronic records, we began, but did not finish, compiling search terms to limit the scope of what will be searched and produced. This will be true for o