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1 THE FIERBERG NATIONAL LAW GROUP, PLLC
DOUGLAS E. FIERBERG (admitted pro hac vice)
2 dfierberg@tfnlgroup.com
JONATHON N. FAZZOLA (admitted pro hac vice)
3 jfazzola@tfnlgroup.com
161 East Front Street, Suite 200
4 Traverse City, Michigan 49684
Telephone: (231) 933-0180
5 Fax: (231) 252-8100
6 SAWYER & LABAR LLP
IVO LABAR, State Bar No. 203492
7 labar@sawyerlabar.com
1700 Montgomery Street, Suite 108
8 San Francisco, California 94111
Telephone: (415) 262-3820
9
Attorneys for Plaintiffs
10 DAPHNE BELETSIS
YVONNE RAINEY
11
12 SUPERIOR COURT OF CALIFORNIA
13 COUNTY OF SANTA CRUZ
14 DAPHNE BELETSIS, individually, and as Case No. 19CV03287
Administrator of the ESTATE OF
15 ALEXANDER BELETSIS, and DECLARATION OF JONATHON N.
YVONNE RAINEY, surviving parent of FAZZOLA IN SUPPORT OF
16 PLAINTIFFS’ NOTICE OF MOTION
ALEXANDER BELETSIS, deceased AND MOTION TO COMPEL VERIFIED
17 DISCOVERY RESPONSES AND
Plaintiffs, PRODUCTION OF DOCUMENTS
18 vs.
Hearing Date: April 13, 2022
19 THETA CHI FRATERNITY, INC., et al.; Time: 8:30 a.m.
Dept.: 10
20
Defendants. Complaint Filed: October 31, 2019
21 FAC Filed: February 5, 2020
Trial Date: June 20, 2022
22
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24
25
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1
DECLARATION OF JONATHON FAZZOLA IN SUPPORT OF PLAINTIFFS’ NOTICE OF MOTION AND
MOTION TO COMPEL VERIFIED DISCOVERY RESPONSES AND PRODUCTION OF DOCUMENTS
1 I, JONATHON N. FAZZOLA, declare as follows:
2 1. I am an attorney at law duly licensed to practice in the State of Illinois and the State
3 of Michigan. I have been permitted to appear as counsel pro hac vice in this action on behalf of
4 Plaintiff DAPHNE BELETSIS, individually and as Administrator of the Estate of Alexander
5 Beletsis and Plaintiff YVONNE RAINEY, surviving parent of Alexander Beletsis, deceased
6 (“Plaintiffs”).
7 2. I am an attorney at The Fierberg National Law Group, PLLC, co-counsel of record
8 for Plaintiffs with Ivo Labar, Esq., an active member of the State Bar of California and partner in
9 the firm of Sawyer Labar, LLP.
10 3. On August 19, 2021, Plaintiffs served their First Set of Requests for Admission,
11 Second Set of Special Interrogatories, and Third Set of Request for Production of Documents
12 (together, the “Requests”) on Theta Chi Fraternity, Inc. (“Theta Chi”). True and correct copies of
13 the Requests are attached hereto as Exhibit 1.
14 4. After requesting and receiving an extension in their time to respond, on October 22,
15 2021, Theta Chi served objections and unverified responses to the Requests. Despite requesting
16 more time to prepare responses, Theta Chi objected, without providing a response, to 16 of the 21
17 Requests for Admission Plaintiffs served on Theta Chi, provided only objections – and no
18 responses – to Plaintiffs’ Second Set of Special Interrogatories to Theta Chi, and objected, without
19 providing a response, to 12 of the 14 Requests for Production Plaintiffs served on Theta Chi.
20 5. The few responses Theta Chi did provide to Plaintiffs’ Requests for Admission and
21 Requests for Production were neither verified, as required under California Code of Civil
22 Procedure §§ 2031.250 and 2033.210(a), nor accompanied by a production of documents
23 responsive to Plaintiffs’ Requests for Production.
24 6. True and correct copies of Theta Chi’s objections and unverified Responses to
25 Plaintiffs’ First Set of Requests for Admission, Theta Chi’s objections to Plaintiffs’ Second Set of
26 Special Interrogatories, and Theta Chi’s objections and unverified Responses to Plaintiffs’ Third
27 Set of Requests for Production of Documents are attached hereto as Exhibit 2.
28 7. On January 4, 2022, Plaintiffs’ counsel sent a letter to counsel for Theta Chi in a
2
DECLARATION OF JONATHON FAZZOLA IN SUPPORT OF PLAINTIFFS’ NOTICE OF MOTION AND
MOTION TO COMPEL VERIFIED DISCOVERY RESPONSES AND PRODUCTION OF DOCUMENTS
1 good faith and reasonable attempt to initiate a meet-and-confer process aimed at addressing and
2 resolving: (1) the litany of objections Theta Chi raised to the Requests; and (2) the fact that, as of
3 the date of that letter, Theta Chi had not produced any documents in response to the Requests for
4 Production. True and correct copies of the January 4, 2021 correspondence to Theta Chi’s counsel
5 and the cover email transmitting the letter, are attached hereto as Exhibit 3.
6 8. On January 13, 2022, counsel for Theta Chi responded, via email, and proposed
7 dates and times for “..a phone call about the discovery responses.” A true and correct copy of the
8 January 13, 2022 email from counsel for Theta Chi is attached hereto as Exhibit 4.
9 9. On that same date, I responded to confirm that Plaintiffs would be available to
10 confer the following day. See id.
11 10. On Friday, January 14, 2022, I conferred with counsel for Theta Chi, Michael
12 Osborne, by phone. During the call, Mr. Osborne advised that Theta Chi would serve amended
13 responses and produce responsive documents by Friday, January 21, 2022. Mr. Osborne and I
14 also agreed to convene a second call on the following Monday, January 17, 2022, to further confer
15 about the issues Plaintiffs’ counsel raised in its January 4, 2022 letter to counsel for Theta Chi.
16 11. On Sunday, January 16, 2022, Mr. Osborne sent an email to me confirming that
17 Theta Chi planned to serve “amended documents (verified) by Friday, January 21.” Mr. Osborne
18 also advised, however, that, “I was too optimistic that I could have a substantive discussion about
19 the RFAs, etc., can we move our follow-up telephone call to Tuesday or Wednesday at 8:30am
20 EST?” A true and correct copy of that email from Theta Chi’s counsel is attached hereto as
21 Exhibit 5.
22 12. On Monday, January 17, 2022, I responded to Mr. Osborne, via email, asking if he
23 had other times available to talk on January 17 or January 18, as 8:30 a.m. EST did not work for
24 me. Having received no response, the next day, on January 18, 2022, I emailed Mr. Osborne
25 again, and asked, “Do you have any times other than 8:30AM tomorrow that work for a call?” A
26 true and correct copy of those emails is attached hereto as Exhibit 6. As of the date of this
27 Declaration, Mr. Osborne still has not responded to my emails or otherwise contacted me to
28 continue our meet-and-confer discussions. Further, despite the written assurances from Mr.
3
DECLARATION OF JONATHON FAZZOLA IN SUPPORT OF PLAINTIFFS’ NOTICE OF MOTION AND
MOTION TO COMPEL VERIFIED DISCOVERY RESPONSES AND PRODUCTION OF DOCUMENTS
1 Osborne that “amended documents (verified)” would be served by Friday, January 21, 2022, Theta
2 Chi did not produce – and still has not produced – amended or verified responses to Plaintiffs’
3 Requests, or any documents responsive to Plaintiffs’ Third Set of Requests for Production.
4 13. This is the second motion to compel Plaintiffs’ have had to file to request the
5 Court’s assistance in directing Theta Chi to comply with its discovery obligations. Plaintiffs’ first
6 Motion to Compel was filed on April 30, 2021, and granted by the Court on August 10, 2021.
7 14. Notwithstanding Theta Chi’s ongoing and deliberate refusal to engage in good faith
8 in discovery, Plaintiffs and other Defendants have worked diligently to move this matter forward
9 on other fronts, including through depositions, third-party discovery, and discovery between
10 Plaintiffs and the other Defendants.
11 15. On December 3, 2020, Miguel Saldivar, Jr. was deposed as a witness in this case.
12 My co-counsel, Douglas Fierberg, appeared at the deposition on behalf of Plaintiffs. True and
13 correct copies of excerpts from the transcript of Mr. Saldivar’s deposition are attached hereto as
14 Exhibit 7.
15 16. On November 2, 2021, Zachary Nash Davis, a former Defendant with whom
16 Plaintiffs have settled, was deposed. My co-counsel, Douglas Fierberg, appeared at the deposition
17 on behalf of Plaintiffs. True and correct copies of excerpts from the transcript of Mr. Davis’
18 deposition are attached hereto as Exhibit 8.
19 17. On December 21, 2020, Leon Burns was deposed as a witness in this case. My co-
20 counsel, Douglas Fierberg, appeared at the deposition on behalf of Plaintiffs. True and correct
21 copies of excerpts from the transcript of Mr. Burns’ deposition are attached hereto as Exhibit 9.
22 18. On May 13, 2021, John Benson was deposed as a witness in this case. My co-
23 counsel, Douglas Fierberg, appeared at the deposition on behalf of Plaintiffs. True and correct
24 copies of excerpts from the transcript of Mr. Benson’s deposition are attached hereto as Exhibit
25 10.
26 19. A true and correct copy of a May 5, 2016 Voluntary Resolution Agreement
27 between the Theta Iota Chapter of Theta Chi and the University of California, Santa Cruz, which
28 was produced by the University in response to a subpoena, is attached hereto as Exhibit 11.
4
DECLARATION OF JONATHON FAZZOLA IN SUPPORT OF PLAINTIFFS’ NOTICE OF MOTION AND
MOTION TO COMPEL VERIFIED DISCOVERY RESPONSES AND PRODUCTION OF DOCUMENTS
1 20. A true and correct copy of a April 27, 2016 e-mail from Tara Dunn of Theta Chi to
2 Cliff Golz of the University of California, Santa Cruz, which was produced by the University in
3 response to a subpoena, is attached hereto as Exhibit 12.
4 21. A true and correct copy of a Declaration by Zachary Nash Davis, is attached hereto
5 as Exhibit 13.
6 22. True and correct copies of pages from the certified records from Santa Clara Valley
7 Medical Center concerning Alexander Beletsis, which were produced by the Santa Clara Valley
8 Medical Center in response to a subpoena, are attached hereto as Exhibit 14.
9 23. True and correct copies of documents produced by Theta Chi in response to earlier
10 discovery issued by Plaintiffs, including after Plaintiffs field their first motion to compel, which
11 are cited in the accompanying Memorandum in Support and which bear the bates ƟX_000065-67,
12 ƟX_000075-76, and ƟX_000077-78, are attached hereto as Exhibit 15.
13 24. True and correct copies of documents produced by Theta Chi in response to earlier
14 discovery issued by Plaintiffs, including after Plaintiffs field their first motion to compel, which
15 are cited in the accompanying Memorandum in Support and which bear the bates ΘX_000013, 58,
16 73, 80, 82, 104, 134, 147, 182, 217, 252, 287, 324, 341-43, 349, 355, 358-59, 361-62, 364-67, 373,
17 378-80, 383, 386, 392, 395-96, 398-99, 401, 403, 410, 435, 472, and 507, are attached hereto as
18 Exhibit 16.
19 25. As of the date of this Declaration, Theta Chi still has not served amended or
20 verified responses or produced documents in response to Plaintiffs’ Requests.
21 26. I have personally worked on this case and I have knowledge of the matters set forth
22 in this Declaration. If called as a witness, I could competently testify under oath on those matters.
23 27. I declare under the penalty of perjury under the laws of the State of California that
24 the foregoing is true and correct.
25 Executed on February 3, 2022, at Traverse City, Michigan.
26
27 Jonathon N. Fazzola
28
5
DECLARATION OF JONATHON FAZZOLA IN SUPPORT OF PLAINTIFFS’ NOTICE OF MOTION AND
MOTION TO COMPEL VERIFIED DISCOVERY RESPONSES AND PRODUCTION OF DOCUMENTS
Exhibit 1
1 THE FIERBERG NATIONAL LAW GROUP, PLLC
DOUGLAS E. FIERBERG (admitted pro hac vice)
2 dfierberg@tfnlgroup.com
JONATHON N. FAZZOLA (admitted pro hac vice)
3 jfazzola@tfnlgroup.com
161 East Front Street, Suite 200
4 Traverse City, Michigan 49684
Telephone: (231) 933-0180
5 Fax: (231) 252-8100
6 SAWYER & LABAR LLP
IVO LABAR, State Bar No. 203492
7 labar@sawyerlabar.com
1700 Montgomery Street, Suite 108
8 San Francisco, California 94111
Telephone: (415) 262-3820
9
Attorneys for Plaintiffs
10 DAPHNE BELETSIS
YVONNE RAINEY
11
12 SUPERIOR COURT OF CALIFORNIA
13 COUNTY OF SANTA CRUZ
14 DAPHNE BELETSIS, individually, and as Case No. 19CV03287
Administrator of the ESTATE OF (Assigned to Hon. Rebecca Connolly, Dept. 4)
15 ALEXANDER BELETSIS, and
YVONNE RAINEY, surviving parent of
16 PLAINTIFFS’ REQUESTS FOR
ALEXANDER BELETSIS, deceased
ADMISSION TO DEFENDANT THETA
17 CHI FRATERNITY, INC., SET ONE
Plaintiffs,
18 vs.
19 THETA CHI FRATERNITY, INC., et al.; Action Filed: October 31, 2019
FAC Filed: February 5, 2020
20 Trial Date: June 20, 2022
Defendants.
21
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24
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1
PLAINTIFFS’ REQUESTS FOR ADMISSION TO DEFENDANT THETA CHI FRATERNITY, INC., SET ONE
1 PROPOUNDING PARTIES: Plaintiffs DAPHNE BELETSIS, individually, and as
Administrator of the Estate of ALEXANDER BELETSIS,
2 and YVONNE RAINEY, surviving parent of
ALEXANDER BELETSIS, deceased
3
4 RESPONDING PARTIES: Defendant THETA CHI FRATERNITY, INC.
5 SET NUMBER: ONE
6
Pursuant to California Code of Civil Procedure section 2030.010, et seq., Plaintiffs Daphne
7
8 Beletsis, individually, and as Administrator of the Estate of Alexander Beletsis, and Yvonne
9 Rainey, surviving parent of Alexander Beletsis, deceased, (“Plaintiffs”), hereby request that within
10 thirty (30) days after service, Defendant Theta Chi Fraternity, Inc. (“Defendant”) answer under
11
oath, separately, and in writing, the following Requests for Admission (the “Requests”).
12
DEFINITIONS
13
As used in these Requests, the following terms will have the meaning set forth below:
14
15 A. “YOU,” “YOUR,” and/or “DEFENDANT” means the Defendant who is
16 responding to the Requests, and any agent thereof.
17 B. “CHAPTER” means Defendant Theta Iota Chapter of Theta Chi Fraternity, Inc.,
18 and anyone acting or purporting to act on its behalf.
19
C. “THETA CHI” means Defendant Theta Chi Fraternity, Inc., and anyone acting or
20
purporting to act on its behalf.
21
D. “FRATERNITY” means THETA CHI and/or CHAPTER, either of them or both
22
23 collectively.
24 E. “FRATERNITY HOUSE” means any place of residence, known to THETA CHI,
25 where the CHAPTER held CHAPTER meetings, CHAPTER events, pledge activities or rituals, or
26
bid events, from the 2013-2014 academic year to present, including but not limited to 511
27
Broadway, Santa Cruz, California 95060, and 636 Market Street, Santa Cruz, California 95060.
28
2
PLAINTIFFS’ REQUESTS FOR ADMISSION TO DEFENDANT THETA CHI FRATERNITY, INC., SET ONE
1 F. “PLAINTIFFS” means DAPHNE BELETSIS, individually, and as Administrator
2 of the Estate of Alexander Beletsis, and YVONNE RAINEY, surviving parent of Alexander
3
Beletsis, deceased, singular, together, or in any combination therein, and to the extent not
4
privileged, their agents, attorneys, representatives, anyone acting or purporting to act on their
5
behalf.
6
G. “ALEX,” “ALEXANDER,” or “BELETSIS” means decedent Alexander Beletsis.
7
8 H. “COMPLAINT” means the Complaint for Wrongful Death and Survival Action
9 and any amendments thereto filed by PLAINTIFFS in the above-captioned action.
10 I. “LAWSUIT” means the above-captioned action.
11
J. “HAZING” means “hazing” as defined in Standards for Student Conduct for the
12
University of California System, Cal. Code reg. Tit. 5, § 4130.
13
K. “UCSC” or “UNIVERSITY” means University of California, Santa Cruz, and all of
14
15 its present or past representatives, employees, officers, agents, assigns, attorneys, or other parties
16 acting or purporting to act on its behalf.
17 L. “DOCUMENT” or “DOCUMENTS” means a writing, as defined in Evidence
18 Code Section 250, and includes, but is not limited to, the original or a copy of handwriting,
19
typewriting, printing, photostats, photographs, electronically stored information, and every other
20
means of recording upon any tangible thing and form of communicating or representation,
21
including letters, words, pictures, sounds, or symbols, or combinations of them.
22
23 M. “CORRESPONDENCE” means any DOCUMENT marked, delivered, or otherwise
24 transmitted by one PERSON to any other PERSON.
25 N. “IDENTIFY” when used with respect to a DOCUMENT means to state the
26
following for each DOCUMENT:
27
a. The nature and substance of the DOCUMENT with sufficient particularity
28
to enable the same to be precisely identified and recognized;
3
PLAINTIFFS’ REQUESTS FOR ADMISSION TO DEFENDANT THETA CHI FRATERNITY, INC., SET ONE
1 b. The date or approximate date on which the DOCUMENT was prepared;
2 c. The identity of each PERSON who wrote, signed, initialed, dictated, was
present, or otherwise participated in the creation of such DOCUMENT;
3
d. The identity of each PERSON to whom the DOCUMENT or any copy of it
4
was sent or addressed;
5
e. The identity of each PERSON who has seen the DOCUMENT;
6 f. The identity of each PERSON having custody and/or control of the original
7 DOCUMENT or any copy thereof;
8 g. The identity of each DOCUMENT that refers to, discusses, analyzes, or
comments upon any privileged document, in whole or in part, or which
9
contains any or all of its contents; and
10
h. The identity of each privilege asserted (e.g., attorney-client, work product,
11
self-incrimination), together with any statute which YOU contend supports
12 YOUR assertion of such privilege.
13 O. “COMMUNICATE” or “COMMUNICATION(S)” means the transmittal of
14 information, in the form of facts, ideas, inquiries, opinions, thoughts, or otherwise, whether
15
written (including by electronic means) or oral, including, but not limited to, interviews,
16
conferences, conversations, discussions, meetings, contracts, agreements, letters, memoranda,
17
reports, e-mails, and facsimiles.
18
19 P. “PERSON(S)” or “INDIVIDUAL(S)” means any natural person, corporation,
20 partnership, trust, estate, proprietorship, association, organization, group, or other entity
21 Q. “CONCERNING” means in whole or part, directly or indirectly, relating to,
22
referring to, describing, reflecting, evidencing, constituting, supporting, showing, connected with,
23
commenting on, and in any other way relating to the subject at issue.
24
R. “And” or “or” as used herein are both conjunctive and disjunctive.
25
S. The plural of any word used herein includes the singular and the singular includes
26
27 the plural.
28
4
PLAINTIFFS’ REQUESTS FOR ADMISSION TO DEFENDANT THETA CHI FRATERNITY, INC., SET ONE
1 T. As used in these Requests, “each” means “each and every”; “all” means “any and
2 all”; and “any” means “any and all.”
3
REQUEST FOR ADMISSION
4
5 REQUEST FOR ADMISSION NO. 1:
6 Admit that the DOCUMENT attached hereto as Exhibit A is a true and correct copy of
7 CORRESPONDENCE, dated April 2, 2019, that Michael Mayer, Executive Director, THETA
8 CHI, sent to to Katherine Canales, Associate Director, Student Organization Advising &
9
Resources at UCSC.
10
REQUEST FOR ADMISSION NO. 2:
11
Admit that as of April 2, 2019, THETA CHI intended to recolonize its Theta Iota Chapter
12
13 at UCSC within the next three to five years.
14 REQUEST FOR ADMISSION NO. 3:
15 Admit that as of April 2, 2019, THETA CHI’s intent to recolonize its Theta Iota Chapter at
16
UCSC was subject to a different group of collegiate students expressing interest to create and
17
operate as a different unincorporated association under a charter from THETA CHI.
18
REQUEST FOR ADMISSION NO. 4:
19
Admit that on April 2, 2019, Michael Mayer, Executive Director, THETA CHI, notified
20
21 each member of the CHAPTER that his general liability insurance was cancelled, as referenced in
22 the CORRESPONDENCE attached hereto as Exhibit B.
23 REQUEST FOR ADMISSION NO. 5:
24
Admit that the CHAPTER was not involved in the decision to cancel the general liability
25
insurance of each member of the CHAPTER, as referenced in the CORRESPONDENCE attached
26
hereto as Exhibit B.
27
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5
PLAINTIFFS’ REQUESTS FOR ADMISSION TO DEFENDANT THETA CHI FRATERNITY, INC., SET ONE
1 REQUEST FOR ADMISSION NO. 6:
2 Admit that none of the members of the CHAPTER were involved in the decision to cancel
3
the general liability insurance of each member of the CHAPTER, as referenced in the
4
CORRESPONDENCE attached hereto as Exhibit B.
5
REQUEST FOR ADMISSION NO. 7:
6
Admit that every member of the CHAPTER who was sent the CORRESPONDENCE
7
8 attached hereto as Exhibit B remains a member of THETA CHI.
9 REQUEST FOR ADMISSION NO. 8:
10 Admit that the DOCUMENT attached hereto as Exhibit C is a true and correct copy of
11
CORRESPONDENCE, dated April 3, 2019, that Michael Mayer, Executive Director, THETA
12
CHI, sent to the Alumnus Brothers of the CHAPTER.
13
REQUEST FOR ADMISSION NO. 9:
14
15 Admit that by April 3, 2019, THETA CHI had determined that the CHAPTER repeatedly
16 violated THETA CHI alcohol policies even after prior corrective action.
17 REQUEST FOR ADMISSION NO. 10:
18 Admit that by April 3, 2019 THETA CHI had determined that hazing activities were taking
19
place within the CHAPTER.
20
REQUEST FOR ADMISSION NO. 11:
21
Admit that, as of April 3, 2019, THETA CHI had the resources to send International
22
23 Headquarters staff members to the campus of UCSC for an extended period to recruit and educate
24 a group of men to recolonize the CHAPTER.
25 REQUEST FOR ADMISSION NO. 12:
26
Admit that THETA CHI conferred with “key Theta Iota alumnus leaders” and “reached a
27
consensus as to the direction of the” CHAPTER “in the immediate future,” as described in the
28
6
PLAINTIFFS’ REQUESTS FOR ADMISSION TO DEFENDANT THETA CHI FRATERNITY, INC., SET ONE
1 CORRESPONDENCE attached hereto as Exhibit C.
2 REQUEST FOR ADMISSION NO. 13:
3
Admit that THETA CHI did not consult or confer with any members of the CHAPTER
4
when it “reached a consensus as to the direction of the” CHAPTER “in the immediate future” with
5
“key Theta Iota alumnus leaders,” as described in the CORRESPONDENCE attached hereto as
6
Exhibit C.
7
8 REQUEST FOR ADMISSION NO. 14:
9 Admit that no members of the CHAPTER participated in March 12, 2019 vote of the
10 Grand Chapter of THETA CHI to revoke the charter of the CHAPTER.
11
REQUEST FOR ADMISSION NO. 15:
12
Admit that THETA CHI is not aware of or in possession of any Chapter Bylaws adopted
13
by the CHAPTER that were in effect at any time from January 1, 2013 to the present.
14
15 REQUEST FOR ADMISSION NO. 16:
16 Admit that THETA CHI only grants new charters to groups organized as unincorporated
17 associations.
18 REQUEST FOR ADMISSION NO. 17:
19
Admit that from January 1, 2013 to the present THETA CHI has not granted a new charter
20
to a group formally incorporated as a non-profit organization under the laws of any state in the
21
United States.
22
23 REQUEST FOR ADMISSION NO. 18:
24 Admit that THETA CHI did not appoint a trained Alumni Probation Committee to conduct
25 one-on-one interviews with each member of the CHAPTER in 2016 or 2017.
26
REQUEST FOR ADMISSION NO. 19:
27
Admit that from May 12, 2016 through June 2, 2018, no THETA CHI accredited or trained
28
7
PLAINTIFFS’ REQUESTS FOR ADMISSION TO DEFENDANT THETA CHI FRATERNITY, INC., SET ONE
1 alumni were present for Chapter meetings or new Member Education meetings of the CHAPTER.
2 REQUEST FOR ADMISSION NO. 20:
3
Admit that a retreat led by Ray Vanlanot, Chief Operating Officer, THETA CHI, was not
4
held in the fall of 2016 on the UCSC campus for members of the CHAPTER.
5
REQUEST FOR ADMISSION NO. 21:
6
Admit that from May 12, 2016 through June 2, 2018, no THETA CHI staff member
7
8 worked with the CHAPTER each semester to assess educational goals and outcomes.
9
10
11 DATED: August 19, 2021
12
By:
13
Douglas E. Fierberg*
14 Jonathon N. Fazzola*
THE FIERBERG NATIONAL LAW GROUP, PLLC
15 161 East Front Street, Suite 200
Traverse City, MI 49684
16 Telephone: (231) 933-0180
dfiergberg@tfnlgroup.com
17
jfazzola@tfnlgroup.com
18 *Admitted pro hac vice
19 Ivo Labar, State Bar No. 203492
SAWYER & LABAR LLP
20 1700 Montgomery Street, Suite 108
San Francisco, CA 94111
21 Telephone: (415) 262-3820
labar@sawyerlabar.com
22
23 Attorneys for Plaintiffs
DAPHNE BELETSIS
24 YVONNE RAINEY
25
26
27
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8
PLAINTIFFS’ REQUESTS FOR ADMISSION TO DEFENDANT THETA CHI FRATERNITY, INC., SET ONE
Exhibit A
April 2, 2019
Katherine Canales, Associate Director
Student Organization Advising & Resources at UC-Santa Cruz
Student Union Building, Second Floor
1156 High St.
Santa Cruz, CA 95064
Dear Ms. Canales:
I am writing to inform you that Theta Chi Fraternity has revoked the charter of its Theta Iota
Chapter at University of California–Santa Cruz. The revocation of the charter means that the
chapter may no longer operate as a collegiate chapter of Theta Chi Fraternity. The students who
are members of the now inactive chapter are prohibited from undertaking any activity in the name
of Theta Chi Fraternity or organizing themselves into a group utilizing our name, Greek letters,
Coat of Arms, logo, or other registered trademarks.
The Theta Iota Chapter is now closed and is no longer recognized as an active chapter within
Theta Chi Fraternity. Please update your records to reflect this inactivity.
Theta Chi Fraternity intends to recolonize its Theta Iota Chapter at UC-Santa Cruz within the
next three to five years. We look forward to working with your office upon our return. This intent
to recolonize is subject to a different group of collegiate students expressing interest to create and
operate as a different unincorporated association under a charter from Theta Chi Fraternity.
Should you have any questions regarding this action, please do not hesitate to contact me.
Sincerely,
Michael Mayer
Executive Director
317-848-1856
mmayer@thetachi.org
xc: Ray Vanlanot, Chief Operating Officer
Theta Iota Chapter files
ΘΧ_000074
Exhibit B
April 2, 2019
Collegiate Brothers of Theta Iota Chapter
University of California–Santa Cruz
Dear Brother:
This letter is to inform you that the Grand Chapter of Theta Chi Fraternity voted to revoke the
charter of Theta Iota Chapter at the University of California–Santa Cruz. The revocation of a
charter isthe most difficult and most serious decision that our Grand Chapter may take. It is
always an arduous decision and is never reached quickly or easily.
The chapter was under investigation by the university and, consequently, the Fraternity conducted
its own inquiry. It was discovered that the chapter had repeatedly violated Theta Chi alcohol
policies even after prior corrective action. In addition, it was learned that hazing activities were
taking place within the chapter.
The revocation of the charter means that the chapter may no longer operate as a collegiate chapter
of Theta Chi Fraternity. The chapter is now closed and is no longer recognized as an active chapter
within Theta Chi Fraternity.
Per The Constitution and Bylaws of Theta Chi Fraternity, Inc., you are now considered an
alumnus member. Although you will remain a member of Theta Chi, you may not undertake any
activity in the name of the Fraternity, nor may you organize a group utilizing our name, Greek
letters, Coat of Arms, logo or other insignia in any way, including displaying letters on any
housing. You also may not establish or operate any organization similar in character to Theta Chi
Fraternity.
You are expected to uphold the terms of the charter revocation of Theta Iota Chapter. Should
Theta Chi Fraternity return to campus while you are still a University of California–Santa Cruz
student, you will not be permitted to participate as a collegiate member. If you should continue,
in any way, to operate as an individual or group on campus in the name of Theta Chi or a similar
organization, you risk expulsion from the Fraternity.
Please be advised that your general liability insurance is cancelled and any actions that may be
directed against you will be as an individual and not as a recognized entity of Theta Chi. As a
brother, I urge you to act responsibly for your own welfare.
ΘΧ_000075
In accordance with Article IV, Section 4(e) of The Constitution and Bylaws of Theta Chi
Fraternity, Inc., the chapter may appeal this decision to the 164th Anniversary Convention which
meets July 17-21, 2020, in Lexington, Kentucky. All appeals to the Convention must be submitted
to me at the International Headquarters no later than April 1, 2020.
I regret that circumstances have necessitated this course of action. It is my hope that one day Theta
Chi will return to UC-Santa Cruz with a group of men who will live out our Sacred Purpose and
carry on the ideals established by Frederick Norton Freeman and Arthur Chase.
If you or any brothers have any questions regarding this matter, please do not hesitate to contact
me at the International Headquarters.
Fraternally,
Michael Mayer
Executive Director
xc: Grand Chapter of Theta Chi Fraternity
Foundation Chapter of Theta Chi Fraternity
Norwich Housing Corporation
Theta Iota Alumni Corporation Officers
International Headquarters staff and files
ΘΧ_000076
Exhibit C
April 3, 2019
Alumnus Brothers of Theta Iota Chapter
University of California–Santa Cruz
Dear Brother:
It is with deep regret we write to inform you that the Grand Chapter of Theta Chi Fraternity
voted to revoke the charter of Theta Iota Chapter. The collegiate chapter of Theta Chi will be
absent from the University of California–Santa Cruz campus for the next several years. This was
not a desirable course of action to take, but was deemed necessary after giving careful consideration
of the existing conditions and circumstances with Theta Iota Chapter.
The chapter was under investigation by the university and, consequently, the Fraternity conducted
its own inquiry. It was discovered that the chapter had repeatedly violated Theta Chi alcohol
policies even after prior corrective action. In addition, it was learned that hazing activities were
taking place within the chapter.
The Fraternity conferred with key Theta Iota alumnus leaders and reached consensus as to the
direction of the chapter in the immediate future. With the support of key alumni, the Grand
Chapter revoked the charter of Theta Iota Chapter.
I recognize that this is not good news. At the same time, I hope you can appreciate that the Grand
Chapter carefully studied the situation and the options that were available. The International
Headquarters staff and local alumni had put forth their best effort to work with collegiate
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1 THE FIERBERG NATIONAL LAW GROUP, PLLC DOUGLAS E. FIERBERG (admitted pro hac vice) 2 dfierberg@tfnlgroup.com JONATHON N. FAZZOLA (admitted pro hac vice) 3 jfazzola@tfnlgroup.com 161 East Front Street, Suite 200 4 Traverse City, Michigan 49684 Telephone: (231) 933-0180 5 Fax: (231) 252-8100 6 SAWYER & LABAR LLP IVO LABAR, State Bar No. 203492 7 labar@sawyerlabar.com 1700 Montgomery Street, Suite 108 8 San Francisco, California 94111 Telephone: (415) 262-3820 9 Attorneys for Plaintiffs 10 DAPHNE BELETSIS YVONNE RAINEY 11 12 SUPERIOR COURT OF CALIFORNIA 13 COUNTY OF SANTA CRUZ 14 DAPHNE BELETSIS, individually, and as Case No. 19CV03287 Administrator of the ESTATE OF 15 ALEXANDER BELETSIS, and DECLARATION OF JONATHON N. YVONNE RAINEY, surviving parent of FAZZOLA IN SUPPORT OF 16 PLAINTIFFS’ NOTICE OF MOTION ALEXANDER BELETSIS, deceased AND MOTION TO COMPEL VERIFIED 17 DISCOVERY RESPONSES AND Plaintiffs, PRODUCTION OF DOCUMENTS 18 vs. Hearing Date: April 13, 2022 19 THETA CHI FRATERNITY, INC., et al.; Time: 8:30 a.m. Dept.: 10 20 Defendants. Complaint Filed: October 31, 2019 21 FAC Filed: February 5, 2020 Trial Date: June 20, 2022 22 23 24 25 26 27 28 1 DECLARATION OF JONATHON FAZZOLA IN SUPPORT OF PLAINTIFFS’ NOTICE OF MOTION AND MOTION TO COMPEL VERIFIED DISCOVERY RESPONSES AND PRODUCTION OF DOCUMENTS 1 I, JONATHON N. FAZZOLA, declare as follows: 2 1. I am an attorney at law duly licensed to practice in the State of Illinois and the State 3 of Michigan. I have been permitted to appear as counsel pro hac vice in this action on behalf of 4 Plaintiff DAPHNE BELETSIS, individually and as Administrator of the Estate of Alexander 5 Beletsis and Plaintiff YVONNE RAINEY, surviving parent of Alexander Beletsis, deceased 6 (“Plaintiffs”). 7 2. I am an attorney at The Fierberg National Law Group, PLLC, co-counsel of record 8 for Plaintiffs with Ivo Labar, Esq., an active member of the State Bar of California and partner in 9 the firm of Sawyer Labar, LLP. 10 3. On August 19, 2021, Plaintiffs served their First Set of Requests for Admission, 11 Second Set of Special Interrogatories, and Third Set of Request for Production of Documents 12 (together, the “Requests”) on Theta Chi Fraternity, Inc. (“Theta Chi”). True and correct copies of 13 the Requests are attached hereto as Exhibit 1. 14 4. After requesting and receiving an extension in their time to respond, on October 22, 15 2021, Theta Chi served objections and unverified responses to the Requests. Despite requesting 16 more time to prepare responses, Theta Chi objected, without providing a response, to 16 of the 21 17 Requests for Admission Plaintiffs served on Theta Chi, provided only objections – and no 18 responses – to Plaintiffs’ Second Set of Special Interrogatories to Theta Chi, and objected, without 19 providing a response, to 12 of the 14 Requests for Production Plaintiffs served on Theta Chi. 20 5. The few responses Theta Chi did provide to Plaintiffs’ Requests for Admission and 21 Requests for Production were neither verified, as required under California Code of Civil 22 Procedure §§ 2031.250 and 2033.210(a), nor accompanied by a production of documents 23 responsive to Plaintiffs’ Requests for Production. 24 6. True and correct copies of Theta Chi’s objections and unverified Responses to 25 Plaintiffs’ First Set of Requests for Admission, Theta Chi’s objections to Plaintiffs’ Second Set of 26 Special Interrogatories, and Theta Chi’s objections and unverified Responses to Plaintiffs’ Third 27 Set of Requests for Production of Documents are attached hereto as Exhibit 2. 28 7. On January 4, 2022, Plaintiffs’ counsel sent a letter to counsel for Theta Chi in a 2 DECLARATION OF JONATHON FAZZOLA IN SUPPORT OF PLAINTIFFS’ NOTICE OF MOTION AND MOTION TO COMPEL VERIFIED DISCOVERY RESPONSES AND PRODUCTION OF DOCUMENTS 1 good faith and reasonable attempt to initiate a meet-and-confer process aimed at addressing and 2 resolving: (1) the litany of objections Theta Chi raised to the Requests; and (2) the fact that, as of 3 the date of that letter, Theta Chi had not produced any documents in response to the Requests for 4 Production. True and correct copies of the January 4, 2021 correspondence to Theta Chi’s counsel 5 and the cover email transmitting the letter, are attached hereto as Exhibit 3. 6 8. On January 13, 2022, counsel for Theta Chi responded, via email, and proposed 7 dates and times for “..a phone call about the discovery responses.” A true and correct copy of the 8 January 13, 2022 email from counsel for Theta Chi is attached hereto as Exhibit 4. 9 9. On that same date, I responded to confirm that Plaintiffs would be available to 10 confer the following day. See id. 11 10. On Friday, January 14, 2022, I conferred with counsel for Theta Chi, Michael 12 Osborne, by phone. During the call, Mr. Osborne advised that Theta Chi would serve amended 13 responses and produce responsive documents by Friday, January 21, 2022. Mr. Osborne and I 14 also agreed to convene a second call on the following Monday, January 17, 2022, to further confer 15 about the issues Plaintiffs’ counsel raised in its January 4, 2022 letter to counsel for Theta Chi. 16 11. On Sunday, January 16, 2022, Mr. Osborne sent an email to me confirming that 17 Theta Chi planned to serve “amended documents (verified) by Friday, January 21.” Mr. Osborne 18 also advised, however, that, “I was too optimistic that I could have a substantive discussion about 19 the RFAs, etc., can we move our follow-up telephone call to Tuesday or Wednesday at 8:30am 20 EST?” A true and correct copy of that email from Theta Chi’s counsel is attached hereto as 21 Exhibit 5. 22 12. On Monday, January 17, 2022, I responded to Mr. Osborne, via email, asking if he 23 had other times available to talk on January 17 or January 18, as 8:30 a.m. EST did not work for 24 me. Having received no response, the next day, on January 18, 2022, I emailed Mr. Osborne 25 again, and asked, “Do you have any times other than 8:30AM tomorrow that work for a call?” A 26 true and correct copy of those emails is attached hereto as Exhibit 6. As of the date of this 27 Declaration, Mr. Osborne still has not responded to my emails or otherwise contacted me to 28 continue our meet-and-confer discussions. Further, despite the written assurances from Mr. 3 DECLARATION OF JONATHON FAZZOLA IN SUPPORT OF PLAINTIFFS’ NOTICE OF MOTION AND MOTION TO COMPEL VERIFIED DISCOVERY RESPONSES AND PRODUCTION OF DOCUMENTS 1 Osborne that “amended documents (verified)” would be served by Friday, January 21, 2022, Theta 2 Chi did not produce – and still has not produced – amended or verified responses to Plaintiffs’ 3 Requests, or any documents responsive to Plaintiffs’ Third Set of Requests for Production. 4 13. This is the second motion to compel Plaintiffs’ have had to file to request the 5 Court’s assistance in directing Theta Chi to comply with its discovery obligations. Plaintiffs’ first 6 Motion to Compel was filed on April 30, 2021, and granted by the Court on August 10, 2021. 7 14. Notwithstanding Theta Chi’s ongoing and deliberate refusal to engage in good faith 8 in discovery, Plaintiffs and other Defendants have worked diligently to move this matter forward 9 on other fronts, including through depositions, third-party discovery, and discovery between 10 Plaintiffs and the other Defendants. 11 15. On December 3, 2020, Miguel Saldivar, Jr. was deposed as a witness in this case. 12 My co-counsel, Douglas Fierberg, appeared at the deposition on behalf of Plaintiffs. True and 13 correct copies of excerpts from the transcript of Mr. Saldivar’s deposition are attached hereto as 14 Exhibit 7. 15 16. On November 2, 2021, Zachary Nash Davis, a former Defendant with whom 16 Plaintiffs have settled, was deposed. My co-counsel, Douglas Fierberg, appeared at the deposition 17 on behalf of Plaintiffs. True and correct copies of excerpts from the transcript of Mr. Davis’ 18 deposition are attached hereto as Exhibit 8. 19 17. On December 21, 2020, Leon Burns was deposed as a witness in this case. My co- 20 counsel, Douglas Fierberg, appeared at the deposition on behalf of Plaintiffs. True and correct 21 copies of excerpts from the transcript of Mr. Burns’ deposition are attached hereto as Exhibit 9. 22 18. On May 13, 2021, John Benson was deposed as a witness in this case. My co- 23 counsel, Douglas Fierberg, appeared at the deposition on behalf of Plaintiffs. True and correct 24 copies of excerpts from the transcript of Mr. Benson’s deposition are attached hereto as Exhibit 25 10. 26 19. A true and correct copy of a May 5, 2016 Voluntary Resolution Agreement 27 between the Theta Iota Chapter of Theta Chi and the University of California, Santa Cruz, which 28 was produced by the University in response to a subpoena, is attached hereto as Exhibit 11. 4 DECLARATION OF JONATHON FAZZOLA IN SUPPORT OF PLAINTIFFS’ NOTICE OF MOTION AND MOTION TO COMPEL VERIFIED DISCOVERY RESPONSES AND PRODUCTION OF DOCUMENTS 1 20. A true and correct copy of a April 27, 2016 e-mail from Tara Dunn of Theta Chi to 2 Cliff Golz of the University of California, Santa Cruz, which was produced by the University in 3 response to a subpoena, is attached hereto as Exhibit 12. 4 21. A true and correct copy of a Declaration by Zachary Nash Davis, is attached hereto 5 as Exhibit 13. 6 22. True and correct copies of pages from the certified records from Santa Clara Valley 7 Medical Center concerning Alexander Beletsis, which were produced by the Santa Clara Valley 8 Medical Center in response to a subpoena, are attached hereto as Exhibit 14. 9 23. True and correct copies of documents produced by Theta Chi in response to earlier 10 discovery issued by Plaintiffs, including after Plaintiffs field their first motion to compel, which 11 are cited in the accompanying Memorandum in Support and which bear the bates ƟX_000065-67, 12 ƟX_000075-76, and ƟX_000077-78, are attached hereto as Exhibit 15. 13 24. True and correct copies of documents produced by Theta Chi in response to earlier 14 discovery issued by Plaintiffs, including after Plaintiffs field their first motion to compel, which 15 are cited in the accompanying Memorandum in Support and which bear the bates ΘX_000013, 58, 16 73, 80, 82, 104, 134, 147, 182, 217, 252, 287, 324, 341-43, 349, 355, 358-59, 361-62, 364-67, 373, 17 378-80, 383, 386, 392, 395-96, 398-99, 401, 403, 410, 435, 472, and 507, are attached hereto as 18 Exhibit 16. 19 25. As of the date of this Declaration, Theta Chi still has not served amended or 20 verified responses or produced documents in response to Plaintiffs’ Requests. 21 26. I have personally worked on this case and I have knowledge of the matters set forth 22 in this Declaration. If called as a witness, I could competently testify under oath on those matters. 23 27. I declare under the penalty of perjury under the laws of the State of California that 24 the foregoing is true and correct. 25 Executed on February 3, 2022, at Traverse City, Michigan. 26 27 Jonathon N. Fazzola 28 5 DECLARATION OF JONATHON FAZZOLA IN SUPPORT OF PLAINTIFFS’ NOTICE OF MOTION AND MOTION TO COMPEL VERIFIED DISCOVERY RESPONSES AND PRODUCTION OF DOCUMENTS Exhibit 1 1 THE FIERBERG NATIONAL LAW GROUP, PLLC DOUGLAS E. FIERBERG (admitted pro hac vice) 2 dfierberg@tfnlgroup.com JONATHON N. FAZZOLA (admitted pro hac vice) 3 jfazzola@tfnlgroup.com 161 East Front Street, Suite 200 4 Traverse City, Michigan 49684 Telephone: (231) 933-0180 5 Fax: (231) 252-8100 6 SAWYER & LABAR LLP IVO LABAR, State Bar No. 203492 7 labar@sawyerlabar.com 1700 Montgomery Street, Suite 108 8 San Francisco, California 94111 Telephone: (415) 262-3820 9 Attorneys for Plaintiffs 10 DAPHNE BELETSIS YVONNE RAINEY 11 12 SUPERIOR COURT OF CALIFORNIA 13 COUNTY OF SANTA CRUZ 14 DAPHNE BELETSIS, individually, and as Case No. 19CV03287 Administrator of the ESTATE OF (Assigned to Hon. Rebecca Connolly, Dept. 4) 15 ALEXANDER BELETSIS, and YVONNE RAINEY, surviving parent of 16 PLAINTIFFS’ REQUESTS FOR ALEXANDER BELETSIS, deceased ADMISSION TO DEFENDANT THETA 17 CHI FRATERNITY, INC., SET ONE Plaintiffs, 18 vs. 19 THETA CHI FRATERNITY, INC., et al.; Action Filed: October 31, 2019 FAC Filed: February 5, 2020 20 Trial Date: June 20, 2022 Defendants. 21 22 23 24 25 26 27 28 1 PLAINTIFFS’ REQUESTS FOR ADMISSION TO DEFENDANT THETA CHI FRATERNITY, INC., SET ONE 1 PROPOUNDING PARTIES: Plaintiffs DAPHNE BELETSIS, individually, and as Administrator of the Estate of ALEXANDER BELETSIS, 2 and YVONNE RAINEY, surviving parent of ALEXANDER BELETSIS, deceased 3 4 RESPONDING PARTIES: Defendant THETA CHI FRATERNITY, INC. 5 SET NUMBER: ONE 6 Pursuant to California Code of Civil Procedure section 2030.010, et seq., Plaintiffs Daphne 7 8 Beletsis, individually, and as Administrator of the Estate of Alexander Beletsis, and Yvonne 9 Rainey, surviving parent of Alexander Beletsis, deceased, (“Plaintiffs”), hereby request that within 10 thirty (30) days after service, Defendant Theta Chi Fraternity, Inc. (“Defendant”) answer under 11 oath, separately, and in writing, the following Requests for Admission (the “Requests”). 12 DEFINITIONS 13 As used in these Requests, the following terms will have the meaning set forth below: 14 15 A. “YOU,” “YOUR,” and/or “DEFENDANT” means the Defendant who is 16 responding to the Requests, and any agent thereof. 17 B. “CHAPTER” means Defendant Theta Iota Chapter of Theta Chi Fraternity, Inc., 18 and anyone acting or purporting to act on its behalf. 19 C. “THETA CHI” means Defendant Theta Chi Fraternity, Inc., and anyone acting or 20 purporting to act on its behalf. 21 D. “FRATERNITY” means THETA CHI and/or CHAPTER, either of them or both 22 23 collectively. 24 E. “FRATERNITY HOUSE” means any place of residence, known to THETA CHI, 25 where the CHAPTER held CHAPTER meetings, CHAPTER events, pledge activities or rituals, or 26 bid events, from the 2013-2014 academic year to present, including but not limited to 511 27 Broadway, Santa Cruz, California 95060, and 636 Market Street, Santa Cruz, California 95060. 28 2 PLAINTIFFS’ REQUESTS FOR ADMISSION TO DEFENDANT THETA CHI FRATERNITY, INC., SET ONE 1 F. “PLAINTIFFS” means DAPHNE BELETSIS, individually, and as Administrator 2 of the Estate of Alexander Beletsis, and YVONNE RAINEY, surviving parent of Alexander 3 Beletsis, deceased, singular, together, or in any combination therein, and to the extent not 4 privileged, their agents, attorneys, representatives, anyone acting or purporting to act on their 5 behalf. 6 G. “ALEX,” “ALEXANDER,” or “BELETSIS” means decedent Alexander Beletsis. 7 8 H. “COMPLAINT” means the Complaint for Wrongful Death and Survival Action 9 and any amendments thereto filed by PLAINTIFFS in the above-captioned action. 10 I. “LAWSUIT” means the above-captioned action. 11 J. “HAZING” means “hazing” as defined in Standards for Student Conduct for the 12 University of California System, Cal. Code reg. Tit. 5, § 4130. 13 K. “UCSC” or “UNIVERSITY” means University of California, Santa Cruz, and all of 14 15 its present or past representatives, employees, officers, agents, assigns, attorneys, or other parties 16 acting or purporting to act on its behalf. 17 L. “DOCUMENT” or “DOCUMENTS” means a writing, as defined in Evidence 18 Code Section 250, and includes, but is not limited to, the original or a copy of handwriting, 19 typewriting, printing, photostats, photographs, electronically stored information, and every other 20 means of recording upon any tangible thing and form of communicating or representation, 21 including letters, words, pictures, sounds, or symbols, or combinations of them. 22 23 M. “CORRESPONDENCE” means any DOCUMENT marked, delivered, or otherwise 24 transmitted by one PERSON to any other PERSON. 25 N. “IDENTIFY” when used with respect to a DOCUMENT means to state the 26 following for each DOCUMENT: 27 a. The nature and substance of the DOCUMENT with sufficient particularity 28 to enable the same to be precisely identified and recognized; 3 PLAINTIFFS’ REQUESTS FOR ADMISSION TO DEFENDANT THETA CHI FRATERNITY, INC., SET ONE 1 b. The date or approximate date on which the DOCUMENT was prepared; 2 c. The identity of each PERSON who wrote, signed, initialed, dictated, was present, or otherwise participated in the creation of such DOCUMENT; 3 d. The identity of each PERSON to whom the DOCUMENT or any copy of it 4 was sent or addressed; 5 e. The identity of each PERSON who has seen the DOCUMENT; 6 f. The identity of each PERSON having custody and/or control of the original 7 DOCUMENT or any copy thereof; 8 g. The identity of each DOCUMENT that refers to, discusses, analyzes, or comments upon any privileged document, in whole or in part, or which 9 contains any or all of its contents; and 10 h. The identity of each privilege asserted (e.g., attorney-client, work product, 11 self-incrimination), together with any statute which YOU contend supports 12 YOUR assertion of such privilege. 13 O. “COMMUNICATE” or “COMMUNICATION(S)” means the transmittal of 14 information, in the form of facts, ideas, inquiries, opinions, thoughts, or otherwise, whether 15 written (including by electronic means) or oral, including, but not limited to, interviews, 16 conferences, conversations, discussions, meetings, contracts, agreements, letters, memoranda, 17 reports, e-mails, and facsimiles. 18 19 P. “PERSON(S)” or “INDIVIDUAL(S)” means any natural person, corporation, 20 partnership, trust, estate, proprietorship, association, organization, group, or other entity 21 Q. “CONCERNING” means in whole or part, directly or indirectly, relating to, 22 referring to, describing, reflecting, evidencing, constituting, supporting, showing, connected with, 23 commenting on, and in any other way relating to the subject at issue. 24 R. “And” or “or” as used herein are both conjunctive and disjunctive. 25 S. The plural of any word used herein includes the singular and the singular includes 26 27 the plural. 28 4 PLAINTIFFS’ REQUESTS FOR ADMISSION TO DEFENDANT THETA CHI FRATERNITY, INC., SET ONE 1 T. As used in these Requests, “each” means “each and every”; “all” means “any and 2 all”; and “any” means “any and all.” 3 REQUEST FOR ADMISSION 4 5 REQUEST FOR ADMISSION NO. 1: 6 Admit that the DOCUMENT attached hereto as Exhibit A is a true and correct copy of 7 CORRESPONDENCE, dated April 2, 2019, that Michael Mayer, Executive Director, THETA 8 CHI, sent to to Katherine Canales, Associate Director, Student Organization Advising & 9 Resources at UCSC. 10 REQUEST FOR ADMISSION NO. 2: 11 Admit that as of April 2, 2019, THETA CHI intended to recolonize its Theta Iota Chapter 12 13 at UCSC within the next three to five years. 14 REQUEST FOR ADMISSION NO. 3: 15 Admit that as of April 2, 2019, THETA CHI’s intent to recolonize its Theta Iota Chapter at 16 UCSC was subject to a different group of collegiate students expressing interest to create and 17 operate as a different unincorporated association under a charter from THETA CHI. 18 REQUEST FOR ADMISSION NO. 4: 19 Admit that on April 2, 2019, Michael Mayer, Executive Director, THETA CHI, notified 20 21 each member of the CHAPTER that his general liability insurance was cancelled, as referenced in 22 the CORRESPONDENCE attached hereto as Exhibit B. 23 REQUEST FOR ADMISSION NO. 5: 24 Admit that the CHAPTER was not involved in the decision to cancel the general liability 25 insurance of each member of the CHAPTER, as referenced in the CORRESPONDENCE attached 26 hereto as Exhibit B. 27 28 5 PLAINTIFFS’ REQUESTS FOR ADMISSION TO DEFENDANT THETA CHI FRATERNITY, INC., SET ONE 1 REQUEST FOR ADMISSION NO. 6: 2 Admit that none of the members of the CHAPTER were involved in the decision to cancel 3 the general liability insurance of each member of the CHAPTER, as referenced in the 4 CORRESPONDENCE attached hereto as Exhibit B. 5 REQUEST FOR ADMISSION NO. 7: 6 Admit that every member of the CHAPTER who was sent the CORRESPONDENCE 7 8 attached hereto as Exhibit B remains a member of THETA CHI. 9 REQUEST FOR ADMISSION NO. 8: 10 Admit that the DOCUMENT attached hereto as Exhibit C is a true and correct copy of 11 CORRESPONDENCE, dated April 3, 2019, that Michael Mayer, Executive Director, THETA 12 CHI, sent to the Alumnus Brothers of the CHAPTER. 13 REQUEST FOR ADMISSION NO. 9: 14 15 Admit that by April 3, 2019, THETA CHI had determined that the CHAPTER repeatedly 16 violated THETA CHI alcohol policies even after prior corrective action. 17 REQUEST FOR ADMISSION NO. 10: 18 Admit that by April 3, 2019 THETA CHI had determined that hazing activities were taking 19 place within the CHAPTER. 20 REQUEST FOR ADMISSION NO. 11: 21 Admit that, as of April 3, 2019, THETA CHI had the resources to send International 22 23 Headquarters staff members to the campus of UCSC for an extended period to recruit and educate 24 a group of men to recolonize the CHAPTER. 25 REQUEST FOR ADMISSION NO. 12: 26 Admit that THETA CHI conferred with “key Theta Iota alumnus leaders” and “reached a 27 consensus as to the direction of the” CHAPTER “in the immediate future,” as described in the 28 6 PLAINTIFFS’ REQUESTS FOR ADMISSION TO DEFENDANT THETA CHI FRATERNITY, INC., SET ONE 1 CORRESPONDENCE attached hereto as Exhibit C. 2 REQUEST FOR ADMISSION NO. 13: 3 Admit that THETA CHI did not consult or confer with any members of the CHAPTER 4 when it “reached a consensus as to the direction of the” CHAPTER “in the immediate future” with 5 “key Theta Iota alumnus leaders,” as described in the CORRESPONDENCE attached hereto as 6 Exhibit C. 7 8 REQUEST FOR ADMISSION NO. 14: 9 Admit that no members of the CHAPTER participated in March 12, 2019 vote of the 10 Grand Chapter of THETA CHI to revoke the charter of the CHAPTER. 11 REQUEST FOR ADMISSION NO. 15: 12 Admit that THETA CHI is not aware of or in possession of any Chapter Bylaws adopted 13 by the CHAPTER that were in effect at any time from January 1, 2013 to the present. 14 15 REQUEST FOR ADMISSION NO. 16: 16 Admit that THETA CHI only grants new charters to groups organized as unincorporated 17 associations. 18 REQUEST FOR ADMISSION NO. 17: 19 Admit that from January 1, 2013 to the present THETA CHI has not granted a new charter 20 to a group formally incorporated as a non-profit organization under the laws of any state in the 21 United States. 22 23 REQUEST FOR ADMISSION NO. 18: 24 Admit that THETA CHI did not appoint a trained Alumni Probation Committee to conduct 25 one-on-one interviews with each member of the CHAPTER in 2016 or 2017. 26 REQUEST FOR ADMISSION NO. 19: 27 Admit that from May 12, 2016 through June 2, 2018, no THETA CHI accredited or trained 28 7 PLAINTIFFS’ REQUESTS FOR ADMISSION TO DEFENDANT THETA CHI FRATERNITY, INC., SET ONE 1 alumni were present for Chapter meetings or new Member Education meetings of the CHAPTER. 2 REQUEST FOR ADMISSION NO. 20: 3 Admit that a retreat led by Ray Vanlanot, Chief Operating Officer, THETA CHI, was not 4 held in the fall of 2016 on the UCSC campus for members of the CHAPTER. 5 REQUEST FOR ADMISSION NO. 21: 6 Admit that from May 12, 2016 through June 2, 2018, no THETA CHI staff member 7 8 worked with the CHAPTER each semester to assess educational goals and outcomes. 9 10 11 DATED: August 19, 2021 12 By: 13 Douglas E. Fierberg* 14 Jonathon N. Fazzola* THE FIERBERG NATIONAL LAW GROUP, PLLC 15 161 East Front Street, Suite 200 Traverse City, MI 49684 16 Telephone: (231) 933-0180 dfiergberg@tfnlgroup.com 17 jfazzola@tfnlgroup.com 18 *Admitted pro hac vice 19 Ivo Labar, State Bar No. 203492 SAWYER & LABAR LLP 20 1700 Montgomery Street, Suite 108 San Francisco, CA 94111 21 Telephone: (415) 262-3820 labar@sawyerlabar.com 22 23 Attorneys for Plaintiffs DAPHNE BELETSIS 24 YVONNE RAINEY 25 26 27 28 8 PLAINTIFFS’ REQUESTS FOR ADMISSION TO DEFENDANT THETA CHI FRATERNITY, INC., SET ONE Exhibit A April 2, 2019 Katherine Canales, Associate Director Student Organization Advising & Resources at UC-Santa Cruz Student Union Building, Second Floor 1156 High St. Santa Cruz, CA 95064 Dear Ms. Canales: I am writing to inform you that Theta Chi Fraternity has revoked the charter of its Theta Iota Chapter at University of California–Santa Cruz. The revocation of the charter means that the chapter may no longer operate as a collegiate chapter of Theta Chi Fraternity. The students who are members of the now inactive chapter are prohibited from undertaking any activity in the name of Theta Chi Fraternity or organizing themselves into a group utilizing our name, Greek letters, Coat of Arms, logo, or other registered trademarks. The Theta Iota Chapter is now closed and is no longer recognized as an active chapter within Theta Chi Fraternity. Please update your records to reflect this inactivity. Theta Chi Fraternity intends to recolonize its Theta Iota Chapter at UC-Santa Cruz within the next three to five years. We look forward to working with your office upon our return. This intent to recolonize is subject to a different group of collegiate students expressing interest to create and operate as a different unincorporated association under a charter from Theta Chi Fraternity. Should you have any questions regarding this action, please do not hesitate to contact me. Sincerely, Michael Mayer Executive Director 317-848-1856 mmayer@thetachi.org xc: Ray Vanlanot, Chief Operating Officer Theta Iota Chapter files ΘΧ_000074 Exhibit B April 2, 2019 Collegiate Brothers of Theta Iota Chapter University of California–Santa Cruz Dear Brother: This letter is to inform you that the Grand Chapter of Theta Chi Fraternity voted to revoke the charter of Theta Iota Chapter at the University of California–Santa Cruz. The revocation of a charter isthe most difficult and most serious decision that our Grand Chapter may take. It is always an arduous decision and is never reached quickly or easily. The chapter was under investigation by the university and, consequently, the Fraternity conducted its own inquiry. It was discovered that the chapter had repeatedly violated Theta Chi alcohol policies even after prior corrective action. In addition, it was learned that hazing activities were taking place within the chapter. The revocation of the charter means that the chapter may no longer operate as a collegiate chapter of Theta Chi Fraternity. The chapter is now closed and is no longer recognized as an active chapter within Theta Chi Fraternity. Per The Constitution and Bylaws of Theta Chi Fraternity, Inc., you are now considered an alumnus member. Although you will remain a member of Theta Chi, you may not undertake any activity in the name of the Fraternity, nor may you organize a group utilizing our name, Greek letters, Coat of Arms, logo or other insignia in any way, including displaying letters on any housing. You also may not establish or operate any organization similar in character to Theta Chi Fraternity. You are expected to uphold the terms of the charter revocation of Theta Iota Chapter. Should Theta Chi Fraternity return to campus while you are still a University of California–Santa Cruz student, you will not be permitted to participate as a collegiate member. If you should continue, in any way, to operate as an individual or group on campus in the name of Theta Chi or a similar organization, you risk expulsion from the Fraternity. Please be advised that your general liability insurance is cancelled and any actions that may be directed against you will be as an individual and not as a recognized entity of Theta Chi. As a brother, I urge you to act responsibly for your own welfare. ΘΧ_000075 In accordance with Article IV, Section 4(e) of The Constitution and Bylaws of Theta Chi Fraternity, Inc., the chapter may appeal this decision to the 164th Anniversary Convention which meets July 17-21, 2020, in Lexington, Kentucky. All appeals to the Convention must be submitted to me at the International Headquarters no later than April 1, 2020. I regret that circumstances have necessitated this course of action. It is my hope that one day Theta Chi will return to UC-Santa Cruz with a group of men who will live out our Sacred Purpose and carry on the ideals established by Frederick Norton Freeman and Arthur Chase. If you or any brothers have any questions regarding this matter, please do not hesitate to contact me at the International Headquarters. Fraternally, Michael Mayer Executive Director xc: Grand Chapter of Theta Chi Fraternity Foundation Chapter of Theta Chi Fraternity Norwich Housing Corporation Theta Iota Alumni Corporation Officers International Headquarters staff and files ΘΧ_000076 Exhibit C April 3, 2019 Alumnus Brothers of Theta Iota Chapter University of California–Santa Cruz Dear Brother: It is with deep regret we write to inform you that the Grand Chapter of Theta Chi Fraternity voted to revoke the charter of Theta Iota Chapter. The collegiate chapter of Theta Chi will be absent from the University of California–Santa Cruz campus for the next several years. This was not a desirable course of action to take, but was deemed necessary after giving careful consideration of the existing conditions and circumstances with Theta Iota Chapter. The chapter was under investigation by the university and, consequently, the Fraternity conducted its own inquiry. It was discovered that the chapter had repeatedly violated Theta Chi alcohol policies even after prior corrective action. In addition, it was learned that hazing activities were taking place within the chapter. The Fraternity conferred with key Theta Iota alumnus leaders and reached consensus as to the direction of the chapter in the immediate future. With the support of key alumni, the Grand Chapter revoked the charter of Theta Iota Chapter. I recognize that this is not good news. At the same time, I hope you can appreciate that the Grand Chapter carefully studied the situation and the options that were available. The International Headquarters staff and local alumni had put forth their best effort to work with collegiate