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Thomas Dimitre, Attorney at Law L.L.C. F Superior Court of California F
County of Butte
CSB # 276924 | |
dimitre@mind.net
PO Box 801
L 7/30/2020 L
Ashland, OR 97520
Telephone: 541-890-5022 D Kimberly Clerk D
Attorney for Plaintiff By Deputy
Electronically FILED
STATE OF CALIFORNIA
COUNTY OF BUTTE
CIVIL DIVISION
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11 TERESA RANDOLPH, an individual Case No. 19CV01226
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Plaintiff MOTION FOR CONTEMPT AGAINST
13 DEFENDANTS FOR FAILING TO
v. COMPLETE PRODUCTION OF
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DOCUMENTS AS ORDERED BY THE
COURT AND REQUEST FOR SANCTIONS
TRUSTEES OF THE CALIFORNIA
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STATE UNIVERSITY, STATE OF Date: September 9, 2020
16 CALIFORNIA, AND CYNTHIA DALEY, Time: 9:00 am
AN INDIVIDUAL, AND DEBRA Dept: 10
Judge: Robert A. Glusman
17 LARSON, AN INDIVIDUAL Trial Date: none
Action Filed: April 24, 2019
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Defendants
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Plaintiff, Teresa Randolph, hereby files a Motion for Contempt Against Defendants for
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Failing to Complete Production of Documents as Ordered by the Court, as allowed by California
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Code of Civil Procedure, 2023.030 (e) and a request for sanctions under 2023.030 et seq.
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History
On April 25, 2019, Plaintiff made her First Request for Production of Documents. Exhibit
1. Due to a procedural complaint by Defendant, Plaintiff resubmitted her First Request for
Production of Documents on June 19, 2019 via email. Id.
By July 19, 2019, no documents and no response had been received.
On July 22, 2019, Plaintiffs counsel contacted Defendant’s counsel by phone, asking for
a response and also asking that documents requested by produced. Dimitre Sworn Declaration.
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During that phone call, Defendant counsel stated that he had “a few” of the requests that he had
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objections to. Plaintiff's counsel requested that Defendant counsel provide a list of those few
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13 requests that he objected to within a couple of days. Defendant counsel agreed to do so.
14 Defendant did not provide either a response to Plaintiff's First Request for Production of
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Documents, or any documents in response to the 1st RFP within 30 days of the request for
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production. Dimitre Sworn Declaration.
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On July 24, 2019, instead of receiving the agreed upon short list of objections, Plaintiff
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19 received a Response to Plaintiffs First Request for Production of Documents that included
20 multiple objections to each and every request, but no documents. Exhibit 2. No documents were
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produced.
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On or about August 18, 2019, Plaintiffs counsel had another phone call with Defendant
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counsel reminding him that where he had promised to provided a short list of objections to
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requests, that he had instead provided a proforma objection response. Dimitre Sworn
26 Declaration. Plaintiff asked him when he would provide documents and Defendant would not
27 give Plaintiff an answer, or a date that documents would be produced. Id.
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On September 6, 2019, in a last ditch effort to reach an agreement with Defendant
counsel regarding production of documents, Plaintiff's counsel called Defendant counsel and
asked if he was prepared to provide the documents that were requested. Id. Instead of a
response, Defendant’s counsel insisted his objections were legitimate. Id. No agreement was
reached. Id.
Plaintiff also sent numerous emails to Defendant over three months in multiple attempts
to elicit a response from Defendant. Exhibit 3.
On November 5, 2019, Plaintiff filed another Motion to Compel Defendant to produce
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documents. Exhibit 4.
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Between November 2019 and May 2020, there were numerous court hearings, countless
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13 conversations between Plaintiff and Defendant counsel, court continuances, and a temporary
14 judge filling in for Judge Glusman.
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On January 29, 2020, the Court made a ruling on Plaintiff's Motion to Compel. Plaintiff's
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counsel then prepared a proposed order. Exhibit 5. On February 13, 2020, Defendant filed
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objections to the proposed order. Exhibit 6. On February 24, 2020, Plaintiff filed a response to
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19 Defendant’s objections. Exhibit 7.
20 On May 20, 2020, after hearing objections, the Court made a tentative ruling regarding
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the Motion to Compel production. Exhibit 8.
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On May 26, 2020, the Court signed the Order that required Defendant to produce
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documents for Plaintiff's First Request for Production of Documents, as follows:
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“The Motion is GRANTED as to request nos. 81, 83, 84, and 86.
The Motion is DENIED as to request nos. 33, 37, 63, 64, 67, 85 and 87.
26 The parties’ requests for sanctions are DENIED.
Supplemental/further responses are to be provided by Defendants within 20 days’ notice
27 of the Order.”
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Exhibit 9.
On June 4, 2020, Plaintiff's counsel served the signed order on Defendant counsel via
email. Exhibit 10.
Defendant counsel then had 20 days to provide the remaining documents to Plaintiff.
Despite communication from Plaintiffs counsel to Defendant’s counsel regarding his obligation
to produce the documents by June 24, 2020, no documents have been produced.
Plaintiff has attempted to contact Defendant counsel since that time to no avail, as
Defendant counsel missed a scheduled phone conference on June 9, 2020. Plaintiffs counsel left
10 a message for Defendant counsel on that date, and never received a return phone call. Dimitre
11 Sworn Dec.
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Most recently, Defendant’s counsel wrote this to Plaintiffs counsel in response to
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Plaintiffs email (Ex. 11) asking when the documents will be produced in compliance with the
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court order:
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16 “T do not see any reference to production of documents.”
17 Exhibit 12.
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As of the date of the filing of this Motion for Contempt, Defendant has still not produced
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a single document per the May 26, 2020 court order. The Court ordered that Defendant produce
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documents in response to Plaintiff's First RFP, #s 81, 83, 84, and 86. Not one page has been
23 produced in response to these requests. The non response is despite Plaintiff counsel’s continual
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attempts to obtain a response from Defendant.
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The history shows that Defendant has done everything possible to delay production of
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documents in every way possible. The 1‘ Request for Production was made in April 2019. It is
now nearly a year and a half later, and Defendant still has not produced the documents ordered
by the Court. Defendants have failed to comply with the California Code of Civil Procedure in
producing documents in a timely manner
otion For Contemp
Plaintiff hereby moves the Court to find Defendant in contempt for refusing to provide
documents, in violation of the May 26, 2020 court order.
This motion is being made in accordance with CCP 2023.030:
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11 “To the extent authorized by the chapter governing any particular discovery method or
any other provision of this title, the court, after notice to any affected party, person, or
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attorney, and after opportunity for hearing, may impose the following sanctions against
13 anyone engaging in conduct that is a misuse of the discovery process:
14 (a) The court may impose a monetary sanction ordering that one engaging in the misuse
of the discovery process, or any attorney advising that conduct, or both pay the
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reasonable expenses, including attorney's fees, incurred by anyone as a result of that
16 conduct. The court may also impose this sanction on one unsuccessfully asserting that
another has engaged in the misuse of the discovery process, or on any attorney who
17 advised that assertion, or on both. If a monetary sanction is authorized by any provision
of this title, the court shall impose that sanction unless it finds that the one subject to the
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sanction acted with substantial justification or that other circumstances make the
19 imposition of the sanction unjust.
20 (b) The court may impose an issue sanction ordering that designated facts shall be taken
as established in the action in accordance with the claim of the party adversely affected
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by the misuse of the discovery process. The court may also impose an issue sanction by
22 an order prohibiting any party engaging in the misuse of the discovery process from
supporting or opposing designated claims or defenses.
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(c) The court may impose an evidence sanction by an order prohibiting any party
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engaging in the misuse of the discovery process from introducing designated matters in
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26 (d) The court may impose a terminating sanction by one of the following orders:
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(1) An order striking out the pleadings or parts of the pleadings of any party engaging in
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the misuse of the discovery process.
(2) An order staying further proceedings by that party until an order for discovery is
obeyed.
(3) An order dismissing the action, or any part of the action, of that party.
(4) An order rendering a judgment by default against that party.
(e) The court may impose a contempt sanction by an order treating the misuse of the
discovery process as a contempt of court.”
Motion for Sanctions
Judgment Sanction
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As per CCP 2023.030 (d)(4), Plaintiff requests an order rendering a judgment against
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Defendants for its interference in the discovery process. Defendants have delayed the discovery
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13 process for over a year, and as of the date of this filing, there is nothing to indicate that the
14 Defendants will ever produce the documents ordered by the Court.
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16 Monetary Sanction
17 Per CCP 2023.030 (a), Plaintiff requests that the Court order that the Defendant pay
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Plaintiff's attorney’s fees as a sanction for Defendant’s refusal to provide discovery as ordered
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by the Court (see below).
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Attorney’s Fees Calculation
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22 Plaintiff requests that the Defendant pay her attorney’s fees for the year-long effort to get
23 documents from Defendant.
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To date, Plaintiff's attorney’s fees for the time and effort to get Defendant to produce
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documents, are as follows:
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As of January 24, 2020, Plaintiff’s attorney fees for the work he did to get Defendant to
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28 produce documents had amounted to $6,625.00.
Since that time, Plaintiff's attorney has spent the following time on these issues:
On February 13, 2020, Defendant filed objections to the proposed order (32 pages).
Plaintiff's counsel spent 3 hours reading and researching Defendant’s objections at $325/hr =
$975.00
On February 24, 2020, Plaintiff filed a Response to Defendant’s objections (7 pages).
This took Plaintiff's counsel 3 hours x $350.00/hour = $975.00
Plaintiffs counsel had sent numerous emails and attempted to have numerous phone calls
with Defendant counsel. This took 1.5 hours at $325.00 per hour = $487.50
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Plaintiff's counsel has spent four hours preparing this motion. $350.00 x 4 = $1300.00
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So, the total prior to January 24, 2020 = $6625.00
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13 Total post January 2020 = $ 3737.50
14 TOTAL $ 10,362.50
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Plaintiff requests $10,362.50 in attorney fees due to Defendant making frivolous
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objections to producing these documents, and for Defendant’s refusal to provide the documents
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19 even after court order.
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As an alternative to rendering judgment against Defendants, the Court should impose the
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Monetary Sanction and the following:
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Issue Sanction
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Per CCP 2023.030 (b), Plaintiff requests that the Court order an issue sanction. One of
26 the main contentions in this case by the Defendants is that Plaintiff took or destroyed electronic
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documents from the CSU Chico. Plaintiff vehemently denies this allegation. One of the purposes
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for Plaintiff's requests #81, 83, 84 and 86 is to establish that the Defendants have the documents
that they claim Plaintiff took or destroyed.
This is an important part of this case, as Defendants proposed termination for Plaintiff
based on the allegation that she either took electronics documents or destroyed them. The
Proposed Discipline letter given to Plaintiff clearly states that she took/destroyed these
documents. Exhibit 13. Plaintiff believes that Defendant has these documents, which would
prove that she did not destroy or take them.
Plaintiff therefore requests that the Court order that it is established that Plaintiff did not
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take or destroy any documents from Defendant, and that Defendant has always possessed the
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documents that it accused Plaintiff
of taking/destroying in the Proposed Discipline letter.
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14 Evidence Sanction
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Relatedly, as per CCP 2023.030 (c) Plaintiff requests that the Court impose an evidence
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sanction against Defendants. This sanction would not allow any documents being submitted as
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evidence that Defendant claims Plaintiff took/destroyed.
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20 Conclusion
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Plaintiff requests the following:
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1 That the Court find Defendants in Contempt for refusing to comply with the May 26,
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2020 court order.
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2. That the Court order sanctions against Defendants:
26 a. a judgment sanction against Defendants and a monetary sanction in the form
27 of attorney’s fees in the amount of $10,362.50, or alternatively,
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b. an issue sanction against Defendants that it has been established that Plaintiff
did not take/destroy any documents from the CSU Chico.
¢. an evidence sanction against Defendants that does not allow them to place into
evidence any documents that they allege Plaintiff took/destroyed.
Respectfully submitted,
Thomas Dimitre Attorney at Law LLC
By: /s/ Thomas Dimitre
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Thomas Dimitre
11 Attorney for Plaintiff
Teresa Randolph
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13 Dated: July 27, 2020
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CERTIFICATE OF SERVICE
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I, Thomas Dimitre, declare as follows:
I am 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 July 30, 2020 I served the foregoing document(s) described as:
Motion for Contempt, Motion for Sanctions, Dimitre Sworn Declaration and
10 Exhibits by placing true copies thereof in sealed envelopes with postage thereon
11 fully prepaid, in the United States mail at ASHLAND, OR addressed as shown
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below:
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Jerry Deschler Jr.
14 Deputy Attorney General IV
1300 I Street
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Sacramento, CA 95814
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I declare, under penalty of perjury under the laws of the State of California, that
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the foregoing is true and correct. Executed on July 30, 2020 at Ashland OR.
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/s/ Thomas Dimitre
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THOMAS DIMITRE
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Attorney for Plaintiff,
22 Teresa Randolph
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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
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TRUSTEES OF THE CALIFORNIA
SWORN DECLARATION OF THOMAS
12 STATE UNIVERSITY, STATE OF DIMITRE IN SUPPORT OF
CALIFORNIA, CYNTHIA DALEY, AND PLAINTIFF’S MOTION FOR
13 DEBRA LARSON CONTEMPT AND FOR ATTORNEY’S
FEES AND SANCTIONS
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15 Defendants
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HEARING DATE: SEPTEMBER 9, 2020
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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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SWORN DECLARATION
SWORN DECLARATION OF THOMAS DIMITRE
I, THOMAS DIMITRE, resident and employed in Oregon, declare and state as follows:
1 Iam Plaintiff's attorney in this case.
2 I am personally aware of all of the facts, and am competent to set forth this declaration.
All of my statements are based on my personal knowledge. I am competent to testify to
these facts.
On April 25 2019, I served a copy of Plaintiff's First Request for Production of
Documents to Defendant via email and U.S. mail.
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On June 19, 2019, I resent Plaintiff's First Request for Production of Documents to
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Defendant.
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13 On July 22, I spoke with Defendant counsel on the phone asking for a response and also
14 asking that documents requested by produced. During that phone call, Defendant counsel
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stated that he had “a few” of the requests that he had objections to. I requested that
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Defendant counsel provide a list of those few requests that he objected to within a
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couple of days. Defendant counsel agreed to do so, but did not produce any documents as
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of the time of this filing. In addition, Defendant’s Response to 1** RFP was tardy.
20 Defendant did not provide a response to Plaintiff's First Request for Production of
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Documents, or any documents in response to the 1 RFP within 30 days ofthe request for
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production.
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On July 24, 2019, instead of receiving the agreed upon short list of objections, Plaintiff
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received a Response to Plaintiffs First Request for Production of Documents that
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SWORN DECLARATION
On or about August 18, 2019, I had another phone call with Defendant counsel reminding
him that where he had promised to provided a short list of objections to requests, that he
had instead provided a proforma objection response. I asked him when he would provide
documents and Defendant would not give me an answer, or a date that documents would
be produced.
On September 6, 2019, in a last ditch effort to reach an agreement with Defendant
counsel regarding production of documents, I called Defendant counsel and asked if he
was prepared to provide the documents that were requested. Instead of a response,
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Defendant’s counsel insisted his objections were legitimate. No agreement was reached.
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Between April and September 2019, I communicated with Defendant counsel in an
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13 attempt to garner compliance with my discovery request. True and correct copies of those
14 emails are attached as
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10. The documents that I requested were the customary documents that I generally requests
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in employment cases, and I have never had multiple objections to each and every request
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11 All of the documents requested were requested because they are reasonable calculated to
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lead to the discovery of admissible evidence.
20 12. Exhibit 1 is a true and correct copy of Plaintiff's First Request for Production of
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Documents, and is attached hereto.
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13 Exhibit 2 is a true and correct copy of Defendants’ Response to Plaintiff's First Request
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for Production of Documents, and is attached hereto.
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14 Exhibit 3 is a true and correct copy of Plaintiff's emails to Defendants, and are attached
26 hereto.
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SWORN DECLARATION
15 Exhibit 4 is a true and correct copy of Plaintiff's second Motion to Compel Production of
Documents and is attached hereto.
16. Exhibit 5 is a true and correct copy of Plaintiff's proposed order in response to the
Court’s January 29, 2020 tentative ruling regarding Plaintiff's Motion to Compel
Production of Documents and is attached hereto.
17 Exhibit 6 is a true and correct copy of Defendant’s objections to Plaintiff's proposed
order, and is attached hereto.
18. Exhibit 7 is a true and correct copy of Plaintiffs Response to Defendant’s Objections to
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Plaintiff's Proposed Order on Plaintiffs Motion to Compel Production of Documents,
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and is attached hereto.
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13 19 Exhibit 8 is a true and correct copy of the Court’s proposed order after objections and is
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20. Exhibit 9 is a true and correct copy of the Court’s May 26, 2020 order, ordering Plaintiff
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to complete production of documents, and is attached hereto.
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21 Exhibit 10 is a true and correct copy of the email where the signed Court Order is served
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on Defendants, and is attached hereto.
20 22. Exhibit 11 is a true and correct copy of the July 23, 2020 email from Plaintiff's counsel to
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Defendants’ counsel and is attached hereto.
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23 Exhibit 12 is a true and correct copy of the July 24, 2020 email from Defendants’ counsel
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to Plaintiffs counsel, and is attached hereto.
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24, Exhibit 13 is a true and correct copy of the Final Proposed Discipline letter to Plaintiff
26 dated March 1, 2019, and is attached hereto.
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SWORN DECLARATION
I swear, under the penalty of perjury, under the laws of the State of California, that
the foregoing is true and correct.
s/s Thomas Dimitre
Date: July 27, 2020
Thomas Dimitre
Attorney for Plaintiff
Teresa Randolph
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SWORN DECLARATION
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
EXHIBIT 1
12 STATE UNIVERSITY, STATE OF
CALIFORNIA, CYNTHIA DALEY, AND
13 DEBRA LARSON
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15 Defendants
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Thomas Dimitre, Attorney at Law
CSB 276924
di i itre@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 FIRST REQUEST FOR
12 STATE UNIVERSITY, STATE OF PRODUCTION OF DOCUMENTS
CALIFORNIA, CYNTHIA DALEY, AND
13 DEBRA LARSON
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15 Defendants
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17 COMES NOW, PLAINTIFF, TERESA RANDOLPH, by and through undersigned
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counsel and pursuant to California Code of Civil Procedure Sections 2031.010 ef seq., and serves this,
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her first Request for Production upon the defendants TRUSTEES OF THE CALIFORNIA
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STATE UNIVERSITY, STATE OF CALIFORNIA, CYNTHIA DALEY, AND DEBRA
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22 LARSON, to be responded to within 30 days.
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24 INSTRUCTIONS FOR ANSWERING
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A. Pursuant to California Code of Civil Procedure 2031. 010 et seq., you shall produce to the
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law offices of Thomas Dimitre, PO Box 801, Ashland, OR 97520 no later than 5:00 p.m.,
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within thirty (30) days from the date of service hereof, or proffer a date, time and location
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PLAINTIFF RANDOLPH FIRST REQUEST FOR PRODUCTION OF DOCUMENTS
for inspection of the responsive documents within that time frame, all documents responsive
to this request which are under your control, access or in your possession, whether jointly or
with others, as follows: either, the original documents in the form, order and manner in
which they are maintained in your files or those of other persons under your control or by
third parties in the same form and manner as they were found. In the alternative, you shall
segregate all documents according to the specifications of this Request, and organize and
label each group of documents with the appropriate specification prior to production. If any
document is responsive to more than one specification of this request, it should be labeled
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to reflect each specification to which it is responsive.
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‘You are requested further to serve on undersigned attorney a written response to this
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request for production indicating the documents which will be produced, and setting forth
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objections or claims of privilege, if any, to the request for production.
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15 C. For each document responsive to these requests that was destroyed, state in your response:
16 (a) the date such document was destroyed; (b) the reason(s) or circumstances under which
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such document was destroyed; (c) the name, employer, position and last known address of
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each person responsible for or with knowledge of the destruction of such document; (d)
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type of document; and (e) the identity of all persons with knowledge of its content.
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If you object to the production of any part of a document or category of documents, you are
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22 required to produce the reminder of such document or category of documents and complete
23 a privilege log for the portion withheld.
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E. Include all documents in any format including, PDF’s, JPEG, TXT, other image, OCR, word
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processing, spread sheet, data file or email from any computer, laptop, i-pad, file server,
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smart phone, droid, iphone, flash drive, external hard drive, CD, DVD, tape or other backup
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PLAINTIFF RANDOLPH FIRST REQUEST FOR PRODUCTION OF DOCUMENTS
whether at home, work or “off site” that contains information responsive to this request. If
files were deleted or destroyed, please state when this occurred.
For each document responsive to this request that is wholly or partially withheld under a
claim of privilege or other objection, state in your response:
1) the reason for withholding the document,
2) the name and job title or capacity of the author(s) or originator(s) and the recipients,
present location, and custodian;
3) the name and job title or capacity of every person who received, was carbon copied,
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was blind copied, had access to or saw all or part of any original or copy of the document;
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4) the number of past versions, attachments and appendices;
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5) the relationship between the author(s)/ originator(s) and each person who saw or
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received all or part of any original or copy of the document;
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15 6 whether the primary purpose of the document was to sell or provide legal advice or
16 services;
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7) the date of the document;
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8) the subject matter(s) addressed in the document;
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9) whether the document was transmitted in confidence;
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10) type of document; and
22 11) a brief statement as to why the document is protected by the asserted privilege.
23 G “And” or “or” shall be construed conjunctively or disjunctively as necessary to make the
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request inclusive rather than exclusive. The use of the words ‘include(s) and “including”. shall
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be construed to mean “without limitation.” "Any" shall also mean "all" and vice versa.
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This request is a continuing one and requires you to further and supplemental production
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whenever you become aware of the existence of any documents responsive to this request
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PLAINTIFF RANDOLPH FIRST REQUEST FOR PRODUCTION OF DOCUMENTS
between the times of the initial production hereunder and the time of the decision of this
action.
Unless otherwise specified, this request covers the period from the beginning of Ms.
Randolph’s, employment with Defendants to present.
The use of a verb in any tense shall be construed as the use of the verb in all other tenses,
whenever necessary to bring within the scope of the specification all documents which might
otherwise be construed to be outside its scope.
K A plural noun shall be construed as a singular noun and a singular noun as a plural noun,
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whenever necessary to bring within the scope of the specification all documents which might
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otherwise be construed to be outside its scope.
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Each paragraph herein shall be construed independently and not by reference to any other
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paragraph for the purpose of limitation.
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15 M. Include any and all files from any PC, notebook, laptop, file server, mainframe,
16 minicomputer, hard drive, or other storage including, hard drive back up, archives, tapes,
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whether stored onsite or at off site storage facility containing information sought in any of
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the following requests.
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For any of book, record, paper or thing in the possession or control of any other person or
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persons, that is requested herein, provide a written general description thereof sufficient to
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22 identify both the item and the identity of the person in possession of same, together with the
23 name and address of such person(s) in custody or control, with written permission to obtain
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said item from the person(s) in custody or control.
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0. If any of the books, records, papers or things are in the possession or control of any other
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person or persons, you are required to deliver to the undersigned, within the specified
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period, a written general description thereof, sufficient to identify them, together with the
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PLAINTIFF RANDOLPH FIRST REQUEST FOR PRODUCTION OF DOCUMENTS
names and addresses of a person or petsons who have custody or control of them, and
written permission to obtain them from the person or persons who have custody or control
of them.
You ate required, in responding to this request to obtain and furnish all information
available to you unit any of your representatives, employees, agents, brokers, servants, or
attorneys and to obtain and furnish all information that is in your possession or under your
control, or in the possession or under the control of any of your representatives, clients,
employees, agents, servants, or attorneys.
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Each request, which seeks information relating in any way to communications, to, from, or
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within a business and/or corporate entity, is hereby designated to demand, and should be
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construed to include, all communications by and between representatives, employees, agents,
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brokers and/or servants of the business and/or corporate entity.
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15 PLEASE RESPOND TO EACH PARAGRAPH AND SUB-PARAGRAPH WITH
16 SPECIFICITY. IN THE EVENT THAT YOU DO NOT HAVE THE SPECIFIC
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ITEMS REQUESTED, OR THOSE ITEMS ARE NOT UNDER YOUR CONTROL OR
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DIRECTION, PLEASE SO SPECIFICALLY STATE.
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DEFINITIONS
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The singular shall include the plural and vice versa; the terms “and” and “or” shall be both
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22 conjunctive and disjunctive; and the term “including” means “including without limitation.”
23 “Action” shall mean the above styled cause.
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“Agent” shall mean: any agent, employee, officer, director, attorney, independent contractor
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or any other person acting at the direction of or on the behalf of another.
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"Claim" means a demand ot assertion, whether oral or written, formal or informal, by any
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person for monetary payment, the undertaking of action, or the cessation of action.
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PLAINTIFF RANDOLPH FIRST REQUEST FOR PRODUCTION OF DOCUMENTS
“Communication” means any oral statement, dialogue, conversation written notation
document or other transfer of thoughts or ideas between persons by any means.
G “Consulted" or "contracted" means any form of communication, e.g., oral statement,
telephonic conversations or other mechanical communications or any other type of
communication including written letters or documents.
“Correspondence” includes all letters, telegrams, notices, messages, memoranda, writing, or
other written Communication, including electronic documents or writings, or other records
of conversations, meetings, conferences or other oral communications
10
“Date” shall mean the exact date, month and year, if ascertainable or, if not, the best
11
approximation of the date (based upon relationship with other event:
12
“Defendant(s)” shall refer to any of the named defendants in this action and their agents, as
13
defined above its subsidiaries, divisions, parent company, and holding company and the
14
15 directors, officers, employees, agents, representatives, and others known to you to have
16 acted on their respective behalf.
17
“Document(s)” or “Documentation” include, without limitation electronic, mechanical or
18
other recorded or oral records or representations of any kind1 including, without limitation,
19
tapes, cassettes, discs, recordings; graphic material of any kind, including, without limitation,
20
photographs, charts, graphs, microfiche, microfilm videotape, recordings, motion picture,
21
22 writings; correspondence; memoranda; notes; diaries; statistics; letters; telegrams; minutes;
23 contracts; reports: studies; checks; statements; receipts; returns; summaries; pamphlets;
24
books; prospectuses, interoffice and intra-office Communications; offers; notations of any
25
sort of conversation, telephone calls, meetings or other communications; bulletins; printed
26
matter; computer print—outs; telefaxes; invoices; worksheets; and all originals and all non—
27
identical copies, whether different from the originals by reason of any notation made on
28
PLAINTIFF RANDOLPH FIRST REQUEST FOR PRODUCTION OF DOCUMENTS
such copies or otherwisel drafts, alterations, modifications, changes and amendments of any
of the foregoing.
"During the relevant time period" shall mean beginning with Ms. Randolph’s employment
with Defendants, to present.
M. "Management" or "manage" includes any act of directing, conducting, administering,
controlling, or handling an identified function or duty.
“Meeting” constitutes any coincidence of presence of any persons, whether or not such
coincidence of presence was by chance, prearranged, formal or information, or in
10
connection with some other activity,
11
“Person” or “Persons” means all natural persons or entities, including, without limitation,
12
individuals, associations, corporations or other business organization, government entities
13
and any attorneys, agents, representatives, employees, or other persons acting, or purporting
14
15 to act, on behalf of such person.
16 “Relating to” a subject includes all documents which in whole or in part refer to, regard,
17
mention, discuss, describe, constitute, evidence, reflect, are relevant to or contain any
18
information concerning the subject.
19
“Third party” or “third parties” refers to individuals or entities that are not a party to this
20
action.
21
22 Requests
23
REQUEST NO. 1: The complete file relating to Plaintiff, including, but not limited to Plaintiff's
24
25 personnel file, job descriptions, recruitment notices, the records pertaining to duties, salary,
26 promotions, evaluations, discipline, benefits, fringe benefits, discharge, layoff or retirement, medical
27 file, American’s with Disabilities Act (ADA) file, Family Medical Leave Act (FMLA) file, California
28
Family Rights Act (CFRA) File, Fair Employment and Housing Act (FEHA) file, worker’s
PLAINTIFF RANDOLPH FIRST REQUEST FOR PRODUCTION OF DOCUMENTS
compensation file, and pertaining to fringe benefits afforded to Plaintiff, including, but not limited
to pay history and promotions.
RESPONSE:
REQUEST NO. 2: All job descriptions for positions held by Randolph from the beginning of her
employment to the end of her employment. In addition, the most recent job description, and the
most recent signed job description.
RESPONSE:
REQUEST NO 3: All CSU Chico and CSU system wide policies regarding the ADA, FEHA,
10
FMLA and the CFRA.
11
RESPONSE:
12
REQUEST NO. 4: All documents relating to Plaintiffs’ payroll records, earnings records, fringe
13
benefits and overtime records.
14
15 RESPONSE:
16 REQUEST NO. 5: Any and all letters, emails, texts, notes, memoranda, or records of any kind
17
pertaining to Plaintiffs job performance during the relevant time period.
18
RESPONSE:
19
REQUEST NO. 6: Any and all letters, notes, memoranda, and records of any kind including
20
adverse, negative or favorable comments concerning Plaintiff from the beginning of her
21
22 employment to present.
23 RESPONSE:
24
REQUEST NO. 7: Any and all notes, memoranda, or writings of any kind from any person
25
criticizing, or negatively reflecting on Plaintiff in any way.
26
RESPONSE:
27
28
PLAINTIFF RANDOLPH FIRST REQUEST FOR PRODUCTION OF DOCUMENTS
REQUEST NO. 8: A copy of Ms. Randolph’s medical records and every other file or
documentation regarding Ms. Randolph during her employment.
RESPONSE:
REQUEST NO. 9: All current and prior versions of employee manuals, handbooks, policies,
guides, procedures, notices, or directives issued by the Defendants, in effect on or after January 1,
2015 to present.
RESPONSE:
REQUEST NO. 10: All signed acknowledgement of receipt of any employee policy manuals,
10
handbooks or employee guides, signed by Plaintiff.
11
RESPONSE:
12
REQUEST NO. 11: All current and prior versions of supervisory manuals, handbooks, notices, or
13
directives issued by the defendant, pertaining to supervisory responsibilities in effect on or after
14
15 January 1, 2015, to the present.
16 RESPONSE:
17
REQUEST NO. 12: All current and prior versions of supervisory and employee manuals,
18
handbooks, notices, or directives issued by the Defendant, pertaining to anti discrimination, anti
19
harassment and anti retaliation policies in effect on or after January 1, 2015 to present.
20
RESPONSE:
21
22 REQUEST NO. 13: Any and all supervisory manuals, handbooks, notices or directives issued by
23 the Defendants during the relevant time period pertaining to any form or type of employment
24
related practice, procedure, or policies including discipline, suspension and termination in effect on
25
or after January 1, 2015 to present.
26
RESPONSE:
27
28
PLAINTIFF RANDOLPH FIRST REQUEST FOR PRODUCTION OF DOCUMENTS
REQUEST NO. 14: All documentation regarding Defendants’ policies regarding recruitment,
transfers, interviewing, and hiring of external (non employee) and internal (employee) applicants,
that was in affect from January 1, 2015 to present.
RESPONSE:
REQUEST NO. 15: All documents pertaining to the orientation or any training received by
Plaintiff or other employees (including managers and supervisors) during the course of employment
that related to the Defendant’s employment practices, from January 1, 2010 to present.
RESPONSE:
10
REQUEST NO. 16: Any and all documents which constitute, comment on, or reflect the facts
11
and circumstances of any comparison made between the performance, discipline, suspensions and
12
constructive termination of Plaintiff and other employees.
13
RESPONSE:
14
15 REQUEST NO. 17: All documents relating to all inquities or investigations conducted as a result
16 of Plaintiffs claim(s) of allegation of disability or other type of discrimination, harassment or
17
retaliation, including, but not limited to, documentation of interactive processes and any reasonable
18
accommodation approved for Ms. Randolph or requested by Ms. Randolph.
19
RESPONSE:
20
REQUEST NO. 18: All documents related to defendants’ efforts to prevent discrimination,
21
22 harassment and retaliation in the workplace, including those made by the defendants to comply with
23 state and federal laws or regulations relating to the maintenance of a discrimination, harassment and
24
retaliation free environment.
25
RESPONSE:
26
REQUEST NO. 19: Defendants’ policies and procedures regarding the prohibition of
27
discrimination, harassment and retaliation in the workplace, and for investigating complaints of
28
PLAINTIFF RANDOLPH FIRST REQUEST FOR PRODUCTION OF DOCUMENTS 10
unlawful employment practices, including but not limited to, discrimination, harassment and
retaliation.
RESPONSE:
REQUEST NO. 20: Copies of all Defendants’ postings regarding employee rights by location.
RESPONSE:
REQUEST NO. 21: Any and all documentation regarding training provided to Ms. Randolph
during her employment.
RESPONSE:
10
REQUEST NO. 22: Copy of Defendants’ document retention policy.
11
RESPONSE:
12
REQUEST NO. 23: Any and all documents relating to Defendants’ disability compliance, training
13
and standards.
14
15 RESPONSE:
16 REQUEST NO. 24: Any training or information provided by the employer to Ms. Daley, Ms.
17
Larson Mr. Saake, Ms. Neuhart, Mr. Pushnik, Ms. Hutchinson, Mr. Unruh, Mr. Grassian, Ms.
18
Jennifer Mays, Ms. Pamela Hollis, Ms. Eileen Chave regarding employment practices in the
19
workplace. The time period for this request is January 1, 2015 to present.
20
RESPONSE:
21
22 REQUEST NO. 25: Training or other information that was provided to Ms. Daley, Ms. Larson
23 Mr. Saake, Ms. Neuhart, Mr. Pushnik, Ms. Hutchinson, Mr. Unruh, Mr. Grassian, Ms. Jennifer
24
Mays, Ms. Pamela Hollis, Ms. Eileen Chavez, in regards to state and federal discrimination,
25
harassment, and retaliation law, including but not limited to disability law, including, but not limited
26
to, CSU Chico and CSU system wide discrimination policies. This request includes a copy of the
27
28
PLAINTIFF RANDOLPH FIRST REQUEST FOR PRODUCTION OF DOCUMENTS ll
acknowledgement of receipt or other similarly titled document that acknowledged receipt of
materials or training.
RESPONSE:
REQUEST NO. 26: All documentation regarding Defendants training of managers, including the
training of: Ms. Daley, Ms. Larson Mr. Saake, Ms. Neuhart, Mr. Pushnik, Ms. Hutchinson, Mr.
Grassian, Ms. Jennifer Mays, Ms. Pamela Hollis, Mr. Unruh, Ms. Eileen Chavez in the Americans
with Disabilities Act (ADA), California Fair Employment and Housing Act (CFEHA), California
Family Rights Act (CFRA), and Family Medical Leave Act (FMLA).
10
RESPONSE:
11
REQUEST NO. 27: All internal email communications, to, from or regarding Ms. Randolph.
12
RESPONSE:
13
REQUEST NO. 28: All documents within the Defendant’s possession that state the name
14
15 Randolph.
16 RESPONSE:
17
REQUEST NO. 29: All documents, tape recordings, or other writings memorializing or in any
18
way recording or reflecting any words, statements, declarations, conversations or other
19
communications by Plaintiff, or in regards to Plaintiff.
20
RESPONSE:
21
22 REQUEST NO. 30: Any and all documents including, but not limited to, any memos or notes,
23 pertaining to any meetings, discussions, encounters, and/or conversations, whether private or public
24
that the defendants or any agents or employee of the defendants has with or about Plaintiff.
25
RESPONSE:
26
27
28
PLAINTIFF RANDOLPH FIRST REQUEST FOR PRODUCTION OF DOCUMENTS 12
REQUEST NO. 31: All documents reflecting all communications made to any of the defendant’s
employees and/or in response to inquiries pertaining to Plaintiffs employment re
Preview
Thomas Dimitre, Attorney at Law L.L.C. F Superior Court of California F County of Butte CSB # 276924 | | dimitre@mind.net PO Box 801 L 7/30/2020 L Ashland, OR 97520 Telephone: 541-890-5022 D Kimberly Clerk D Attorney for Plaintiff By Deputy Electronically FILED STATE OF CALIFORNIA COUNTY OF BUTTE CIVIL DIVISION 10 11 TERESA RANDOLPH, an individual Case No. 19CV01226 12 Plaintiff MOTION FOR CONTEMPT AGAINST 13 DEFENDANTS FOR FAILING TO v. COMPLETE PRODUCTION OF 14 DOCUMENTS AS ORDERED BY THE COURT AND REQUEST FOR SANCTIONS TRUSTEES OF THE CALIFORNIA 15 STATE UNIVERSITY, STATE OF Date: September 9, 2020 16 CALIFORNIA, AND CYNTHIA DALEY, Time: 9:00 am AN INDIVIDUAL, AND DEBRA Dept: 10 Judge: Robert A. Glusman 17 LARSON, AN INDIVIDUAL Trial Date: none Action Filed: April 24, 2019 18 Defendants 19 20 21 22 Plaintiff, Teresa Randolph, hereby files a Motion for Contempt Against Defendants for 23 Failing to Complete Production of Documents as Ordered by the Court, as allowed by California 2 25 Code of Civil Procedure, 2023.030 (e) and a request for sanctions under 2023.030 et seq. 26 27 28 History On April 25, 2019, Plaintiff made her First Request for Production of Documents. Exhibit 1. Due to a procedural complaint by Defendant, Plaintiff resubmitted her First Request for Production of Documents on June 19, 2019 via email. Id. By July 19, 2019, no documents and no response had been received. On July 22, 2019, Plaintiffs counsel contacted Defendant’s counsel by phone, asking for a response and also asking that documents requested by produced. Dimitre Sworn Declaration. 10 During that phone call, Defendant counsel stated that he had “a few” of the requests that he had 11 objections to. Plaintiff's counsel requested that Defendant counsel provide a list of those few 12 13 requests that he objected to within a couple of days. Defendant counsel agreed to do so. 14 Defendant did not provide either a response to Plaintiff's First Request for Production of 15 Documents, or any documents in response to the 1st RFP within 30 days of the request for 16 production. Dimitre Sworn Declaration. 17 On July 24, 2019, instead of receiving the agreed upon short list of objections, Plaintiff 18 19 received a Response to Plaintiffs First Request for Production of Documents that included 20 multiple objections to each and every request, but no documents. Exhibit 2. No documents were 21 produced. 22 On or about August 18, 2019, Plaintiffs counsel had another phone call with Defendant 23 counsel reminding him that where he had promised to provided a short list of objections to 24 25 requests, that he had instead provided a proforma objection response. Dimitre Sworn 26 Declaration. Plaintiff asked him when he would provide documents and Defendant would not 27 give Plaintiff an answer, or a date that documents would be produced. Id. 28 On September 6, 2019, in a last ditch effort to reach an agreement with Defendant counsel regarding production of documents, Plaintiff's counsel called Defendant counsel and asked if he was prepared to provide the documents that were requested. Id. Instead of a response, Defendant’s counsel insisted his objections were legitimate. Id. No agreement was reached. Id. Plaintiff also sent numerous emails to Defendant over three months in multiple attempts to elicit a response from Defendant. Exhibit 3. On November 5, 2019, Plaintiff filed another Motion to Compel Defendant to produce 10 documents. Exhibit 4. 11 Between November 2019 and May 2020, there were numerous court hearings, countless 12 13 conversations between Plaintiff and Defendant counsel, court continuances, and a temporary 14 judge filling in for Judge Glusman. 15 On January 29, 2020, the Court made a ruling on Plaintiff's Motion to Compel. Plaintiff's 16 counsel then prepared a proposed order. Exhibit 5. On February 13, 2020, Defendant filed 17 objections to the proposed order. Exhibit 6. On February 24, 2020, Plaintiff filed a response to 18 19 Defendant’s objections. Exhibit 7. 20 On May 20, 2020, after hearing objections, the Court made a tentative ruling regarding 21 the Motion to Compel production. Exhibit 8. 22 On May 26, 2020, the Court signed the Order that required Defendant to produce 23 documents for Plaintiff's First Request for Production of Documents, as follows: 24 25 “The Motion is GRANTED as to request nos. 81, 83, 84, and 86. The Motion is DENIED as to request nos. 33, 37, 63, 64, 67, 85 and 87. 26 The parties’ requests for sanctions are DENIED. Supplemental/further responses are to be provided by Defendants within 20 days’ notice 27 of the Order.” 28 Exhibit 9. On June 4, 2020, Plaintiff's counsel served the signed order on Defendant counsel via email. Exhibit 10. Defendant counsel then had 20 days to provide the remaining documents to Plaintiff. Despite communication from Plaintiffs counsel to Defendant’s counsel regarding his obligation to produce the documents by June 24, 2020, no documents have been produced. Plaintiff has attempted to contact Defendant counsel since that time to no avail, as Defendant counsel missed a scheduled phone conference on June 9, 2020. Plaintiffs counsel left 10 a message for Defendant counsel on that date, and never received a return phone call. Dimitre 11 Sworn Dec. 12 Most recently, Defendant’s counsel wrote this to Plaintiffs counsel in response to 13 Plaintiffs email (Ex. 11) asking when the documents will be produced in compliance with the 14 court order: 15 16 “T do not see any reference to production of documents.” 17 Exhibit 12. 18 19 As of the date of the filing of this Motion for Contempt, Defendant has still not produced 20 a single document per the May 26, 2020 court order. The Court ordered that Defendant produce 21 22 documents in response to Plaintiff's First RFP, #s 81, 83, 84, and 86. Not one page has been 23 produced in response to these requests. The non response is despite Plaintiff counsel’s continual 24 attempts to obtain a response from Defendant. 25 26 The history shows that Defendant has done everything possible to delay production of 27 28 documents in every way possible. The 1‘ Request for Production was made in April 2019. It is now nearly a year and a half later, and Defendant still has not produced the documents ordered by the Court. Defendants have failed to comply with the California Code of Civil Procedure in producing documents in a timely manner otion For Contemp Plaintiff hereby moves the Court to find Defendant in contempt for refusing to provide documents, in violation of the May 26, 2020 court order. This motion is being made in accordance with CCP 2023.030: 10 11 “To the extent authorized by the chapter governing any particular discovery method or any other provision of this title, the court, after notice to any affected party, person, or 12 attorney, and after opportunity for hearing, may impose the following sanctions against 13 anyone engaging in conduct that is a misuse of the discovery process: 14 (a) The court may impose a monetary sanction ordering that one engaging in the misuse of the discovery process, or any attorney advising that conduct, or both pay the 15 reasonable expenses, including attorney's fees, incurred by anyone as a result of that 16 conduct. The court may also impose this sanction on one unsuccessfully asserting that another has engaged in the misuse of the discovery process, or on any attorney who 17 advised that assertion, or on both. If a monetary sanction is authorized by any provision of this title, the court shall impose that sanction unless it finds that the one subject to the 18 sanction acted with substantial justification or that other circumstances make the 19 imposition of the sanction unjust. 20 (b) The court may impose an issue sanction ordering that designated facts shall be taken as established in the action in accordance with the claim of the party adversely affected 21 by the misuse of the discovery process. The court may also impose an issue sanction by 22 an order prohibiting any party engaging in the misuse of the discovery process from supporting or opposing designated claims or defenses. 23 (c) The court may impose an evidence sanction by an order prohibiting any party 24 engaging in the misuse of the discovery process from introducing designated matters in 25 evidence. 26 (d) The court may impose a terminating sanction by one of the following orders: 27 (1) An order striking out the pleadings or parts of the pleadings of any party engaging in 28 the misuse of the discovery process. (2) An order staying further proceedings by that party until an order for discovery is obeyed. (3) An order dismissing the action, or any part of the action, of that party. (4) An order rendering a judgment by default against that party. (e) The court may impose a contempt sanction by an order treating the misuse of the discovery process as a contempt of court.” Motion for Sanctions Judgment Sanction 10 As per CCP 2023.030 (d)(4), Plaintiff requests an order rendering a judgment against 11 Defendants for its interference in the discovery process. Defendants have delayed the discovery 12 13 process for over a year, and as of the date of this filing, there is nothing to indicate that the 14 Defendants will ever produce the documents ordered by the Court. 15 16 Monetary Sanction 17 Per CCP 2023.030 (a), Plaintiff requests that the Court order that the Defendant pay 18 Plaintiff's attorney’s fees as a sanction for Defendant’s refusal to provide discovery as ordered 19 by the Court (see below). 20 Attorney’s Fees Calculation 21 22 Plaintiff requests that the Defendant pay her attorney’s fees for the year-long effort to get 23 documents from Defendant. 24 To date, Plaintiff's attorney’s fees for the time and effort to get Defendant to produce 25 documents, are as follows: 26 As of January 24, 2020, Plaintiff’s attorney fees for the work he did to get Defendant to 27 28 produce documents had amounted to $6,625.00. Since that time, Plaintiff's attorney has spent the following time on these issues: On February 13, 2020, Defendant filed objections to the proposed order (32 pages). Plaintiff's counsel spent 3 hours reading and researching Defendant’s objections at $325/hr = $975.00 On February 24, 2020, Plaintiff filed a Response to Defendant’s objections (7 pages). This took Plaintiff's counsel 3 hours x $350.00/hour = $975.00 Plaintiffs counsel had sent numerous emails and attempted to have numerous phone calls with Defendant counsel. This took 1.5 hours at $325.00 per hour = $487.50 10 Plaintiff's counsel has spent four hours preparing this motion. $350.00 x 4 = $1300.00 11 So, the total prior to January 24, 2020 = $6625.00 12 13 Total post January 2020 = $ 3737.50 14 TOTAL $ 10,362.50 15 16 Plaintiff requests $10,362.50 in attorney fees due to Defendant making frivolous 17 objections to producing these documents, and for Defendant’s refusal to provide the documents 18 19 even after court order. 20 As an alternative to rendering judgment against Defendants, the Court should impose the 21 22 Monetary Sanction and the following: 23 Issue Sanction 24 25 Per CCP 2023.030 (b), Plaintiff requests that the Court order an issue sanction. One of 26 the main contentions in this case by the Defendants is that Plaintiff took or destroyed electronic 27 documents from the CSU Chico. Plaintiff vehemently denies this allegation. One of the purposes 28 for Plaintiff's requests #81, 83, 84 and 86 is to establish that the Defendants have the documents that they claim Plaintiff took or destroyed. This is an important part of this case, as Defendants proposed termination for Plaintiff based on the allegation that she either took electronics documents or destroyed them. The Proposed Discipline letter given to Plaintiff clearly states that she took/destroyed these documents. Exhibit 13. Plaintiff believes that Defendant has these documents, which would prove that she did not destroy or take them. Plaintiff therefore requests that the Court order that it is established that Plaintiff did not 10 take or destroy any documents from Defendant, and that Defendant has always possessed the 11 documents that it accused Plaintiff of taking/destroying in the Proposed Discipline letter. 12 13 14 Evidence Sanction 15 Relatedly, as per CCP 2023.030 (c) Plaintiff requests that the Court impose an evidence 16 sanction against Defendants. This sanction would not allow any documents being submitted as 17 evidence that Defendant claims Plaintiff took/destroyed. 18 19 20 Conclusion 21 Plaintiff requests the following: 22 1 That the Court find Defendants in Contempt for refusing to comply with the May 26, 23 2020 court order. 24 25 2. That the Court order sanctions against Defendants: 26 a. a judgment sanction against Defendants and a monetary sanction in the form 27 of attorney’s fees in the amount of $10,362.50, or alternatively, 28 b. an issue sanction against Defendants that it has been established that Plaintiff did not take/destroy any documents from the CSU Chico. ¢. an evidence sanction against Defendants that does not allow them to place into evidence any documents that they allege Plaintiff took/destroyed. Respectfully submitted, Thomas Dimitre Attorney at Law LLC By: /s/ Thomas Dimitre 10 Thomas Dimitre 11 Attorney for Plaintiff Teresa Randolph 12 13 Dated: July 27, 2020 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 CERTIFICATE OF SERVICE 2 I, Thomas Dimitre, declare as follows: I am 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 July 30, 2020 I served the foregoing document(s) described as: Motion for Contempt, Motion for Sanctions, Dimitre Sworn Declaration and 10 Exhibits by placing true copies thereof in sealed envelopes with postage thereon 11 fully prepaid, in the United States mail at ASHLAND, OR addressed as shown 12 below: 13 Jerry Deschler Jr. 14 Deputy Attorney General IV 1300 I Street 15 Sacramento, CA 95814 16 I declare, under penalty of perjury under the laws of the State of California, that 17 the foregoing is true and correct. Executed on July 30, 2020 at Ashland OR. 18 19 /s/ Thomas Dimitre 20 THOMAS DIMITRE 21 Attorney for Plaintiff, 22 Teresa Randolph 23 24 25 26 27 28 10 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 SWORN DECLARATION OF THOMAS 12 STATE UNIVERSITY, STATE OF DIMITRE IN SUPPORT OF CALIFORNIA, CYNTHIA DALEY, AND PLAINTIFF’S MOTION FOR 13 DEBRA LARSON CONTEMPT AND FOR ATTORNEY’S FEES AND SANCTIONS 14 15 Defendants 16 HEARING DATE: SEPTEMBER 9, 2020 17 HEARING TIME: 9:00 AM 18 JUDGE: HONORABLE ROBERT 19 GLUSMAN 20 DEPT: 10 21 TRIAL DATE: NONE 22 23 24 25 26 27 28 SWORN DECLARATION SWORN DECLARATION OF THOMAS DIMITRE I, THOMAS DIMITRE, resident and employed in Oregon, declare and state as follows: 1 Iam Plaintiff's attorney in this case. 2 I am personally aware of all of the facts, and am competent to set forth this declaration. All of my statements are based on my personal knowledge. I am competent to testify to these facts. On April 25 2019, I served a copy of Plaintiff's First Request for Production of Documents to Defendant via email and U.S. mail. 10 On June 19, 2019, I resent Plaintiff's First Request for Production of Documents to 11 Defendant. 12 13 On July 22, I spoke with Defendant counsel on the phone asking for a response and also 14 asking that documents requested by produced. During that phone call, Defendant counsel 15 stated that he had “a few” of the requests that he had objections to. I requested that 16 Defendant counsel provide a list of those few requests that he objected to within a 17 couple of days. Defendant counsel agreed to do so, but did not produce any documents as 18 19 of the time of this filing. In addition, Defendant’s Response to 1** RFP was tardy. 20 Defendant did not provide a response to Plaintiff's First Request for Production of 21 Documents, or any documents in response to the 1 RFP within 30 days ofthe request for 22 production. 23 On July 24, 2019, instead of receiving the agreed upon short list of objections, Plaintiff 24 25 received a Response to Plaintiffs First Request for Production of Documents that 26 included multiple objections to each and every request. 27 28 SWORN DECLARATION On or about August 18, 2019, I had another phone call with Defendant counsel reminding him that where he had promised to provided a short list of objections to requests, that he had instead provided a proforma objection response. I asked him when he would provide documents and Defendant would not give me an answer, or a date that documents would be produced. On September 6, 2019, in a last ditch effort to reach an agreement with Defendant counsel regarding production of documents, I called Defendant counsel and asked if he was prepared to provide the documents that were requested. Instead of a response, 10 Defendant’s counsel insisted his objections were legitimate. No agreement was reached. 11 Between April and September 2019, I communicated with Defendant counsel in an 12 13 attempt to garner compliance with my discovery request. True and correct copies of those 14 emails are attached as 15 10. The documents that I requested were the customary documents that I generally requests 16 in employment cases, and I have never had multiple objections to each and every request 17 11 All of the documents requested were requested because they are reasonable calculated to 18 19 lead to the discovery of admissible evidence. 20 12. Exhibit 1 is a true and correct copy of Plaintiff's First Request for Production of 21 Documents, and is attached hereto. 22 13 Exhibit 2 is a true and correct copy of Defendants’ Response to Plaintiff's First Request 23 for Production of Documents, and is attached hereto. 24 25 14 Exhibit 3 is a true and correct copy of Plaintiff's emails to Defendants, and are attached 26 hereto. 27 28 SWORN DECLARATION 15 Exhibit 4 is a true and correct copy of Plaintiff's second Motion to Compel Production of Documents and is attached hereto. 16. Exhibit 5 is a true and correct copy of Plaintiff's proposed order in response to the Court’s January 29, 2020 tentative ruling regarding Plaintiff's Motion to Compel Production of Documents and is attached hereto. 17 Exhibit 6 is a true and correct copy of Defendant’s objections to Plaintiff's proposed order, and is attached hereto. 18. Exhibit 7 is a true and correct copy of Plaintiffs Response to Defendant’s Objections to 10 Plaintiff's Proposed Order on Plaintiffs Motion to Compel Production of Documents, 11 and is attached hereto. 12 13 19 Exhibit 8 is a true and correct copy of the Court’s proposed order after objections and is 14 attached hereto. 15 20. Exhibit 9 is a true and correct copy of the Court’s May 26, 2020 order, ordering Plaintiff 16 to complete production of documents, and is attached hereto. 17 21 Exhibit 10 is a true and correct copy of the email where the signed Court Order is served 18 19 on Defendants, and is attached hereto. 20 22. Exhibit 11 is a true and correct copy of the July 23, 2020 email from Plaintiff's counsel to 21 Defendants’ counsel and is attached hereto. 22 23 Exhibit 12 is a true and correct copy of the July 24, 2020 email from Defendants’ counsel 23 to Plaintiffs counsel, and is attached hereto. 24 25 24, Exhibit 13 is a true and correct copy of the Final Proposed Discipline letter to Plaintiff 26 dated March 1, 2019, and is attached hereto. 27 28 SWORN DECLARATION I swear, under the penalty of perjury, under the laws of the State of California, that the foregoing is true and correct. s/s Thomas Dimitre Date: July 27, 2020 Thomas Dimitre Attorney for Plaintiff Teresa Randolph 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SWORN DECLARATION 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 EXHIBIT 1 12 STATE UNIVERSITY, STATE OF CALIFORNIA, CYNTHIA DALEY, AND 13 DEBRA LARSON 14 15 Defendants 16 17 18 19 20 21 22 23 24 25 26 27 28 Thomas Dimitre, Attorney at Law CSB 276924 di i itre@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 FIRST REQUEST FOR 12 STATE UNIVERSITY, STATE OF PRODUCTION OF DOCUMENTS CALIFORNIA, CYNTHIA DALEY, AND 13 DEBRA LARSON 14 15 Defendants 16 17 COMES NOW, PLAINTIFF, TERESA RANDOLPH, by and through undersigned 18 counsel and pursuant to California Code of Civil Procedure Sections 2031.010 ef seq., and serves this, 19 her first Request for Production upon the defendants TRUSTEES OF THE CALIFORNIA 20 STATE UNIVERSITY, STATE OF CALIFORNIA, CYNTHIA DALEY, AND DEBRA 21 22 LARSON, to be responded to within 30 days. 23 24 INSTRUCTIONS FOR ANSWERING 25 A. Pursuant to California Code of Civil Procedure 2031. 010 et seq., you shall produce to the 26 law offices of Thomas Dimitre, PO Box 801, Ashland, OR 97520 no later than 5:00 p.m., 27 within thirty (30) days from the date of service hereof, or proffer a date, time and location 28 PLAINTIFF RANDOLPH FIRST REQUEST FOR PRODUCTION OF DOCUMENTS for inspection of the responsive documents within that time frame, all documents responsive to this request which are under your control, access or in your possession, whether jointly or with others, as follows: either, the original documents in the form, order and manner in which they are maintained in your files or those of other persons under your control or by third parties in the same form and manner as they were found. In the alternative, you shall segregate all documents according to the specifications of this Request, and organize and label each group of documents with the appropriate specification prior to production. If any document is responsive to more than one specification of this request, it should be labeled 10 to reflect each specification to which it is responsive. 11 ‘You are requested further to serve on undersigned attorney a written response to this 12 request for production indicating the documents which will be produced, and setting forth 13 objections or claims of privilege, if any, to the request for production. 14 15 C. For each document responsive to these requests that was destroyed, state in your response: 16 (a) the date such document was destroyed; (b) the reason(s) or circumstances under which 17 such document was destroyed; (c) the name, employer, position and last known address of 18 each person responsible for or with knowledge of the destruction of such document; (d) 19 type of document; and (e) the identity of all persons with knowledge of its content. 20 If you object to the production of any part of a document or category of documents, you are 21 22 required to produce the reminder of such document or category of documents and complete 23 a privilege log for the portion withheld. 24 E. Include all documents in any format including, PDF’s, JPEG, TXT, other image, OCR, word 25 processing, spread sheet, data file or email from any computer, laptop, i-pad, file server, 26 smart phone, droid, iphone, flash drive, external hard drive, CD, DVD, tape or other backup 27 28 PLAINTIFF RANDOLPH FIRST REQUEST FOR PRODUCTION OF DOCUMENTS whether at home, work or “off site” that contains information responsive to this request. If files were deleted or destroyed, please state when this occurred. For each document responsive to this request that is wholly or partially withheld under a claim of privilege or other objection, state in your response: 1) the reason for withholding the document, 2) the name and job title or capacity of the author(s) or originator(s) and the recipients, present location, and custodian; 3) the name and job title or capacity of every person who received, was carbon copied, 10 was blind copied, had access to or saw all or part of any original or copy of the document; 11 4) the number of past versions, attachments and appendices; 12 5) the relationship between the author(s)/ originator(s) and each person who saw or 13 received all or part of any original or copy of the document; 14 15 6 whether the primary purpose of the document was to sell or provide legal advice or 16 services; 17 7) the date of the document; 18 8) the subject matter(s) addressed in the document; 19 20 9) whether the document was transmitted in confidence; 21 10) type of document; and 22 11) a brief statement as to why the document is protected by the asserted privilege. 23 G “And” or “or” shall be construed conjunctively or disjunctively as necessary to make the 24 request inclusive rather than exclusive. The use of the words ‘include(s) and “including”. shall 25 be construed to mean “without limitation.” "Any" shall also mean "all" and vice versa. 26 This request is a continuing one and requires you to further and supplemental production 27 whenever you become aware of the existence of any documents responsive to this request 28 PLAINTIFF RANDOLPH FIRST REQUEST FOR PRODUCTION OF DOCUMENTS between the times of the initial production hereunder and the time of the decision of this action. Unless otherwise specified, this request covers the period from the beginning of Ms. Randolph’s, employment with Defendants to present. The use of a verb in any tense shall be construed as the use of the verb in all other tenses, whenever necessary to bring within the scope of the specification all documents which might otherwise be construed to be outside its scope. K A plural noun shall be construed as a singular noun and a singular noun as a plural noun, 10 whenever necessary to bring within the scope of the specification all documents which might 11 otherwise be construed to be outside its scope. 12 Each paragraph herein shall be construed independently and not by reference to any other 13 paragraph for the purpose of limitation. 14 15 M. Include any and all files from any PC, notebook, laptop, file server, mainframe, 16 minicomputer, hard drive, or other storage including, hard drive back up, archives, tapes, 17 whether stored onsite or at off site storage facility containing information sought in any of 18 the following requests. 19 For any of book, record, paper or thing in the possession or control of any other person or 20 persons, that is requested herein, provide a written general description thereof sufficient to 21 22 identify both the item and the identity of the person in possession of same, together with the 23 name and address of such person(s) in custody or control, with written permission to obtain 24 said item from the person(s) in custody or control. 25 0. If any of the books, records, papers or things are in the possession or control of any other 26 person or persons, you are required to deliver to the undersigned, within the specified 27 period, a written general description thereof, sufficient to identify them, together with the 28 PLAINTIFF RANDOLPH FIRST REQUEST FOR PRODUCTION OF DOCUMENTS names and addresses of a person or petsons who have custody or control of them, and written permission to obtain them from the person or persons who have custody or control of them. You ate required, in responding to this request to obtain and furnish all information available to you unit any of your representatives, employees, agents, brokers, servants, or attorneys and to obtain and furnish all information that is in your possession or under your control, or in the possession or under the control of any of your representatives, clients, employees, agents, servants, or attorneys. 10 Each request, which seeks information relating in any way to communications, to, from, or 11 within a business and/or corporate entity, is hereby designated to demand, and should be 12 construed to include, all communications by and between representatives, employees, agents, 13 brokers and/or servants of the business and/or corporate entity. 14 15 PLEASE RESPOND TO EACH PARAGRAPH AND SUB-PARAGRAPH WITH 16 SPECIFICITY. IN THE EVENT THAT YOU DO NOT HAVE THE SPECIFIC 17 ITEMS REQUESTED, OR THOSE ITEMS ARE NOT UNDER YOUR CONTROL OR 18 DIRECTION, PLEASE SO SPECIFICALLY STATE. 19 DEFINITIONS 20 The singular shall include the plural and vice versa; the terms “and” and “or” shall be both 21 22 conjunctive and disjunctive; and the term “including” means “including without limitation.” 23 “Action” shall mean the above styled cause. 24 “Agent” shall mean: any agent, employee, officer, director, attorney, independent contractor 25 or any other person acting at the direction of or on the behalf of another. 26 "Claim" means a demand ot assertion, whether oral or written, formal or informal, by any 27 person for monetary payment, the undertaking of action, or the cessation of action. 28 PLAINTIFF RANDOLPH FIRST REQUEST FOR PRODUCTION OF DOCUMENTS “Communication” means any oral statement, dialogue, conversation written notation document or other transfer of thoughts or ideas between persons by any means. G “Consulted" or "contracted" means any form of communication, e.g., oral statement, telephonic conversations or other mechanical communications or any other type of communication including written letters or documents. “Correspondence” includes all letters, telegrams, notices, messages, memoranda, writing, or other written Communication, including electronic documents or writings, or other records of conversations, meetings, conferences or other oral communications 10 “Date” shall mean the exact date, month and year, if ascertainable or, if not, the best 11 approximation of the date (based upon relationship with other event: 12 “Defendant(s)” shall refer to any of the named defendants in this action and their agents, as 13 defined above its subsidiaries, divisions, parent company, and holding company and the 14 15 directors, officers, employees, agents, representatives, and others known to you to have 16 acted on their respective behalf. 17 “Document(s)” or “Documentation” include, without limitation electronic, mechanical or 18 other recorded or oral records or representations of any kind1 including, without limitation, 19 tapes, cassettes, discs, recordings; graphic material of any kind, including, without limitation, 20 photographs, charts, graphs, microfiche, microfilm videotape, recordings, motion picture, 21 22 writings; correspondence; memoranda; notes; diaries; statistics; letters; telegrams; minutes; 23 contracts; reports: studies; checks; statements; receipts; returns; summaries; pamphlets; 24 books; prospectuses, interoffice and intra-office Communications; offers; notations of any 25 sort of conversation, telephone calls, meetings or other communications; bulletins; printed 26 matter; computer print—outs; telefaxes; invoices; worksheets; and all originals and all non— 27 identical copies, whether different from the originals by reason of any notation made on 28 PLAINTIFF RANDOLPH FIRST REQUEST FOR PRODUCTION OF DOCUMENTS such copies or otherwisel drafts, alterations, modifications, changes and amendments of any of the foregoing. "During the relevant time period" shall mean beginning with Ms. Randolph’s employment with Defendants, to present. M. "Management" or "manage" includes any act of directing, conducting, administering, controlling, or handling an identified function or duty. “Meeting” constitutes any coincidence of presence of any persons, whether or not such coincidence of presence was by chance, prearranged, formal or information, or in 10 connection with some other activity, 11 “Person” or “Persons” means all natural persons or entities, including, without limitation, 12 individuals, associations, corporations or other business organization, government entities 13 and any attorneys, agents, representatives, employees, or other persons acting, or purporting 14 15 to act, on behalf of such person. 16 “Relating to” a subject includes all documents which in whole or in part refer to, regard, 17 mention, discuss, describe, constitute, evidence, reflect, are relevant to or contain any 18 information concerning the subject. 19 “Third party” or “third parties” refers to individuals or entities that are not a party to this 20 action. 21 22 Requests 23 REQUEST NO. 1: The complete file relating to Plaintiff, including, but not limited to Plaintiff's 24 25 personnel file, job descriptions, recruitment notices, the records pertaining to duties, salary, 26 promotions, evaluations, discipline, benefits, fringe benefits, discharge, layoff or retirement, medical 27 file, American’s with Disabilities Act (ADA) file, Family Medical Leave Act (FMLA) file, California 28 Family Rights Act (CFRA) File, Fair Employment and Housing Act (FEHA) file, worker’s PLAINTIFF RANDOLPH FIRST REQUEST FOR PRODUCTION OF DOCUMENTS compensation file, and pertaining to fringe benefits afforded to Plaintiff, including, but not limited to pay history and promotions. RESPONSE: REQUEST NO. 2: All job descriptions for positions held by Randolph from the beginning of her employment to the end of her employment. In addition, the most recent job description, and the most recent signed job description. RESPONSE: REQUEST NO 3: All CSU Chico and CSU system wide policies regarding the ADA, FEHA, 10 FMLA and the CFRA. 11 RESPONSE: 12 REQUEST NO. 4: All documents relating to Plaintiffs’ payroll records, earnings records, fringe 13 benefits and overtime records. 14 15 RESPONSE: 16 REQUEST NO. 5: Any and all letters, emails, texts, notes, memoranda, or records of any kind 17 pertaining to Plaintiffs job performance during the relevant time period. 18 RESPONSE: 19 REQUEST NO. 6: Any and all letters, notes, memoranda, and records of any kind including 20 adverse, negative or favorable comments concerning Plaintiff from the beginning of her 21 22 employment to present. 23 RESPONSE: 24 REQUEST NO. 7: Any and all notes, memoranda, or writings of any kind from any person 25 criticizing, or negatively reflecting on Plaintiff in any way. 26 RESPONSE: 27 28 PLAINTIFF RANDOLPH FIRST REQUEST FOR PRODUCTION OF DOCUMENTS REQUEST NO. 8: A copy of Ms. Randolph’s medical records and every other file or documentation regarding Ms. Randolph during her employment. RESPONSE: REQUEST NO. 9: All current and prior versions of employee manuals, handbooks, policies, guides, procedures, notices, or directives issued by the Defendants, in effect on or after January 1, 2015 to present. RESPONSE: REQUEST NO. 10: All signed acknowledgement of receipt of any employee policy manuals, 10 handbooks or employee guides, signed by Plaintiff. 11 RESPONSE: 12 REQUEST NO. 11: All current and prior versions of supervisory manuals, handbooks, notices, or 13 directives issued by the defendant, pertaining to supervisory responsibilities in effect on or after 14 15 January 1, 2015, to the present. 16 RESPONSE: 17 REQUEST NO. 12: All current and prior versions of supervisory and employee manuals, 18 handbooks, notices, or directives issued by the Defendant, pertaining to anti discrimination, anti 19 harassment and anti retaliation policies in effect on or after January 1, 2015 to present. 20 RESPONSE: 21 22 REQUEST NO. 13: Any and all supervisory manuals, handbooks, notices or directives issued by 23 the Defendants during the relevant time period pertaining to any form or type of employment 24 related practice, procedure, or policies including discipline, suspension and termination in effect on 25 or after January 1, 2015 to present. 26 RESPONSE: 27 28 PLAINTIFF RANDOLPH FIRST REQUEST FOR PRODUCTION OF DOCUMENTS REQUEST NO. 14: All documentation regarding Defendants’ policies regarding recruitment, transfers, interviewing, and hiring of external (non employee) and internal (employee) applicants, that was in affect from January 1, 2015 to present. RESPONSE: REQUEST NO. 15: All documents pertaining to the orientation or any training received by Plaintiff or other employees (including managers and supervisors) during the course of employment that related to the Defendant’s employment practices, from January 1, 2010 to present. RESPONSE: 10 REQUEST NO. 16: Any and all documents which constitute, comment on, or reflect the facts 11 and circumstances of any comparison made between the performance, discipline, suspensions and 12 constructive termination of Plaintiff and other employees. 13 RESPONSE: 14 15 REQUEST NO. 17: All documents relating to all inquities or investigations conducted as a result 16 of Plaintiffs claim(s) of allegation of disability or other type of discrimination, harassment or 17 retaliation, including, but not limited to, documentation of interactive processes and any reasonable 18 accommodation approved for Ms. Randolph or requested by Ms. Randolph. 19 RESPONSE: 20 REQUEST NO. 18: All documents related to defendants’ efforts to prevent discrimination, 21 22 harassment and retaliation in the workplace, including those made by the defendants to comply with 23 state and federal laws or regulations relating to the maintenance of a discrimination, harassment and 24 retaliation free environment. 25 RESPONSE: 26 REQUEST NO. 19: Defendants’ policies and procedures regarding the prohibition of 27 discrimination, harassment and retaliation in the workplace, and for investigating complaints of 28 PLAINTIFF RANDOLPH FIRST REQUEST FOR PRODUCTION OF DOCUMENTS 10 unlawful employment practices, including but not limited to, discrimination, harassment and retaliation. RESPONSE: REQUEST NO. 20: Copies of all Defendants’ postings regarding employee rights by location. RESPONSE: REQUEST NO. 21: Any and all documentation regarding training provided to Ms. Randolph during her employment. RESPONSE: 10 REQUEST NO. 22: Copy of Defendants’ document retention policy. 11 RESPONSE: 12 REQUEST NO. 23: Any and all documents relating to Defendants’ disability compliance, training 13 and standards. 14 15 RESPONSE: 16 REQUEST NO. 24: Any training or information provided by the employer to Ms. Daley, Ms. 17 Larson Mr. Saake, Ms. Neuhart, Mr. Pushnik, Ms. Hutchinson, Mr. Unruh, Mr. Grassian, Ms. 18 Jennifer Mays, Ms. Pamela Hollis, Ms. Eileen Chave regarding employment practices in the 19 workplace. The time period for this request is January 1, 2015 to present. 20 RESPONSE: 21 22 REQUEST NO. 25: Training or other information that was provided to Ms. Daley, Ms. Larson 23 Mr. Saake, Ms. Neuhart, Mr. Pushnik, Ms. Hutchinson, Mr. Unruh, Mr. Grassian, Ms. Jennifer 24 Mays, Ms. Pamela Hollis, Ms. Eileen Chavez, in regards to state and federal discrimination, 25 harassment, and retaliation law, including but not limited to disability law, including, but not limited 26 to, CSU Chico and CSU system wide discrimination policies. This request includes a copy of the 27 28 PLAINTIFF RANDOLPH FIRST REQUEST FOR PRODUCTION OF DOCUMENTS ll acknowledgement of receipt or other similarly titled document that acknowledged receipt of materials or training. RESPONSE: REQUEST NO. 26: All documentation regarding Defendants training of managers, including the training of: Ms. Daley, Ms. Larson Mr. Saake, Ms. Neuhart, Mr. Pushnik, Ms. Hutchinson, Mr. Grassian, Ms. Jennifer Mays, Ms. Pamela Hollis, Mr. Unruh, Ms. Eileen Chavez in the Americans with Disabilities Act (ADA), California Fair Employment and Housing Act (CFEHA), California Family Rights Act (CFRA), and Family Medical Leave Act (FMLA). 10 RESPONSE: 11 REQUEST NO. 27: All internal email communications, to, from or regarding Ms. Randolph. 12 RESPONSE: 13 REQUEST NO. 28: All documents within the Defendant’s possession that state the name 14 15 Randolph. 16 RESPONSE: 17 REQUEST NO. 29: All documents, tape recordings, or other writings memorializing or in any 18 way recording or reflecting any words, statements, declarations, conversations or other 19 communications by Plaintiff, or in regards to Plaintiff. 20 RESPONSE: 21 22 REQUEST NO. 30: Any and all documents including, but not limited to, any memos or notes, 23 pertaining to any meetings, discussions, encounters, and/or conversations, whether private or public 24 that the defendants or any agents or employee of the defendants has with or about Plaintiff. 25 RESPONSE: 26 27 28 PLAINTIFF RANDOLPH FIRST REQUEST FOR PRODUCTION OF DOCUMENTS 12 REQUEST NO. 31: All documents reflecting all communications made to any of the defendant’s employees and/or in response to inquiries pertaining to Plaintiffs employment re