C.R. v. Elk Grove Unified School District

Opinion

8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA

10 Jor. by and through her Guardian ad Litem | No. 2:20-cv-02296-KJM-AC Tiffany Roe, 11 FINAL PRETRIAL ORDER Plaintiff, 12 Vv. 13 | Elk Grove United School District, et al., Defendants. 14

15 On July 1, 2025, the court conducted a final pretrial conference. Sean A. Commons 16 | appeared for plaintiff C.R. Cynthia Lawrence and Blaze Van Dine appeared for defendants 17 | Capitol Elementary School (CES) and Ira Ross. Richard Linkert and Madison Simmons appeared 18 | for defendants Elk Grove United School District (EGUSD) and Marilyn Delgado. After hearing, 19 | and good cause appearing, the court makes the following findings and orders: 20 | JURISDICTION AND VENUE 21 Jurisdiction is predicated on 28 U.S.C. § 1331 and 28 U.S.C. § 1343(a)(3). The court has 22 | supplemental jurisdiction over plaintiff's state law claims pursuant to 28 U.S.C. § 1367(a).

1 Venue is proper pursuant to 28 U.S.C. § 1391(b)(1) because defendants have their principal place 2 of business in this district. Jurisdiction and venue are not contested. 3 JURY / NON-JURY 4 All parties request a jury trial. The jury will include 12 jurors. 5 UNDISPUTED FACTS 6 1. Plaintiff C.R. (“Plaintiff” or “C.R.”) at the time relevant to this action was a minor 7 and a special education student within EGUSD. 8 2. Plaintiff was placed at CES for her education by EGUSD. 9 3. CES is a non-public school organized as a private corporation under California law. 10 4. C.R. attended CES for approximately one year (January 2019 through January 11 2020), beginning when she was eleven years old. 12 5. During the time that C.R. attended CES, school administrators considered C.R.’s 13 mental age to have been between five and seven years old. 14 6. Tiffany Roe is Plaintiff C.R.’s step-grandmother and legal guardian. 15 7. CES and EGUSD entered into a Master Contract to provide special education 16 services to students with exceptional needs for the 2018–2019 and 2019–2020 17 school years. 18 8. EGUSD places students who cannot be served directly through its public schools 19 with contracted non-public schools. 20 9. Defendant Marilyn Delgado (“Ms. Delgado”) was employed as a Program Specialist 21 with EGUSD during the 2019–2020 school year. 22 10. At the times relevant to this action, Ms. Delgado oversaw students who are placed 23 in a nonpublic school by EGUSD and facilitated their Individualized Education 24 Program (IEP) meetings. 25 11. Defendant Ira Ross is the CEO of CES. 26 12. On November 5, 2019, an IEP meeting was held, during which Tiffany Roe 27 expressed concern about the education C.R. was receiving at CES. 28 ///// 1 13. On January 30, 2020, Tiffany Roe and Marilyn Delgado spoke by telephone, during 2 which phone call Tiffany Roe reported to Ms. Delgado that C.R. had told Tiffany 3 Roe that at least one male student at CES took her behind a wall and told her to put 4 his penis in her mouth and she did. 5 14. During the January 30, 2020, call, C.R. entered the room and told Tiffany Roe for 6 the first time that the two male students had also put their penises in her vagina, 7 with the phone on speaker. 8 15. Tiffany Roe took C.R. to the hospital on January 30, 2020. 9 16. Ms. Delgado called Child Protective Services and made a report on January 30, 10 2020. 11 17. In light of C.R.’s allegations, the Sacramento Police Department interviewed C.R. 12 and Tiffany Roe, and visited CES and C.R.’s classroom. 13 DISPUTED FACTUAL ISSUES 14 The parties have alerted the court to their factual disputes. Trial briefs addressing these 15 factual disputes more completely shall be filed with this court no later than fourteen days prior to 16 the date of trial in accordance with Local Rule 285. 17 SPECIAL FACTUAL INFORMATION 18 1. The alleged incidents took place beginning from May 13, 2019, through the end of 19 January 2020. 20 2. The location of the alleged incidents was Capitol Elementary School, 5700 13th 21 Avenue, Sacramento CA 95817. 22 3. C.R. has alleged negligence and therefore res ipsa loqitur may apply. 23 4. C.R.’s age: 11 years old on May 13, 2019, and 12 years old on the date of the 24 remaining allegations. 25 5. Alleged injuries sustained: C.R. experienced significant trauma and PTSD 26 symptoms following her assault in January 2020. C.R.’s access to education was 27 impacted by Defendants’ failure to create a safe environment for C.R. and respond 28 to her concerns. 1 6. Periods of hospitalization: C.R. presented to the hospital on January 30, 2020, for a 2 rape evaluation, but was never hospitalized overnight as a result of her rape. 3 7. Medical expenses and estimated future medical expenses: Plaintiff received 4 significant trauma therapy in the years following the alleged rape. Plaintiff’s expert 5 psychiatrist Dr. Richard J. Shaw performed an evaluation on Plaintiff C.R. on 6 January 6, 2024. Following this evaluation, in his expert report, he assessed that 7 C.R. would require the below treatment due to persistent symptoms associated with 8 being sexually harassed and assaulted: 9 A. Continued weekly psychotherapy through at least two years following her 10 high school graduation; and 11 B. An additional 3-5 years of individual psychotherapy during each significant 12 developmental transition over the course of her lifetime (e.g. leaving home, 13 engaging in romantic relationships); 14 8. 6–12 months of couples’ therapy should C.R. engage in a romantic and sexual 15 relationship and experience trauma symptoms related to her sexual assault. 16 MOTIONS IN LIMINE AND DISPUTED EVIDENTIARY ISSUES 17 At oral argument, counsel for both parties expressed the desire to have a settlement 18 conference before motions in limine and other evidentiary disputes were resolved. The parties are 19 currently scheduled for a settlement conference before the Honorable Judge Dennis M. Cota on 20 July 16, 2025. See Min. Order (July 7, 2025), ECF NO. 164. 21 The schedule for briefing on the parties’ evidentiary disputes, which will take place after 22 the settlement conference, is as follows. 23 1. Motions in Limine 24 All parties shall submit motions in limine within 60 days of the completion of the 25 mandatory settlement conference with Judge Cota. Oppositions are due within 75 days of the 26 settlement conference. For motions in limine contesting the parties’ respective expert witnesses 27 under Daubert v. Merrell Dow Chemicals, 509 U.S. 579 (1993), parties will be allowed a reply. 28 ///// 1 Replies, if submitted, are due 85 days after the completion of the mandatory settlement 2 conference. Plaintiff has stated she intends to submit the following motions in limine regarding: 3 A. evidence of C.R.’s early-childhood sexual abuse. 4 B. evidence of C.R.’s allegedly sexualized behavior towards others. 5 C. any suggestion that C.R.—a disabled minor—was capable of consenting 6 to the harassment and sexual assaults. 7 D. evidence of complaints by Tiffany Roe or C.R. at different schools. 8 E. evidence pertaining to the supposed lack of prior disciplinary issues, 9 or the behavioral record of the male students involved in the alleged 10 incidents. 11 F. commentary regarding jury awards against EGUSD being paid from 12 taxpayer money. 13 G. any suggestion that C.R. could not be victimized due to her physical size. 14 H. motions to exclude or limit the testimony of Defendants’ designated 15 experts, Joseph S. Schwartzberg and Catherine J. Ward. 16 Defendants intend to file motions in limine including, 17 A. motions concerning C.R.’s competency to testify. 18 B. motions concerning Tiffany Roe’s testimony including competency. 19 C. motions to exclude purported documentary evidence offered by Plaintiff in 20 the form of diaries. 21 D. motions to exclude Plaintiff’s purported school expert, and motion to 22 exclude Plaintiff’s experts’ opinions. 23 2. Motion to Continue Tiffany Roe as guardian ad litem for plaintiff C.R. 24 Plaintiff shall submit briefing in support of the continuance of Tiffany Roe continuing as 25 guardian ad litem for plaintiff C.R. within 60 days of the completion of the mandatory settlement 26 conference with Judge Cota. Defendants’ opposition, if submitted, are due 75 days after the 27 completion of the mandatory settlement conference. 28 ///// 1 3. Motion to accommodate C.R. under Federal Rule of Civil Procedure 43(a) 2 Plaintiff may file a motion seeking accommodations for C.R.’s testimony under Federal 3 Rule of Civil Procedure 43(a) within 60 days of the completion of the mandatory settlement 4 conference with Judge Cota. Defendants’ opposition briefs are due 75 days of the completion of 5 the mandatory settlement conference with Judge Cota. 6 4. Discovery Documents 7 The parties are to meet and confer to provide further detail as to what discovery 8 documents will be used at trial, including deposition testimony. The court orders the parties to 9 produce detailed designations 10 days before motions in limine are due. 10 5. Requests for Judicial Notice 11 All parties shall submit requests for judicial notice two weeks before the start of trial. 12 6. Protective Order 13 Plaintiff intends to seek a trial protective order pursuant to Local Rule 141.1 and Federal 14 Rule of Civil Procedure 26 to keep confidential sensitive materials relating to plaintiff. Plaintiff 15 shall submit any request for a protective order within 60 days of the completion of the mandatory 16 settlement conference, bearing in mind that court records are presumptively public and the court 17 is disinclined to seal any materials used during trial. In any request for a protective order, 18 plaintiff must explain whether redaction of limited information is, in her counsel’s view, an 19 alternative to sealing and if so to what extent plaintiff requests redaction, while recognizing that 20 redaction also requires approval of the court. 21 RELIEF SOUGHT 22 Plaintiff intends to seek the following relief at trial: (1) general damages; (2) special 23 damages, including but not limited to medical and incidental expense according to proof; (3) 24 punitive damages; (4) costs of suit; (5) attorneys’ fees; (6) for prejudgment interest as permitted by 25 law; and (7) for such other and further relief as the court deems proper, including equitable relief 26 to ensure adequate protections for students. 1 POINTS OF LAW 2 The parties have alerted the court to disputes about the applicable law and legal standards. 3 Trial briefs addressing these points more completely shall be filed with this court no later than 4 fourteen days prior to the date of trial in accordance with Local Rule 285. 5 WITNESSES 6 The plaintiff’s witnesses are those listed in Attachment A below. CES’s witnesses are 7 those listed in Attachment B below. EGUSD’s witnesses are those listed in Attachment C below. 8 Each party may call any witnesses designated by the other. 9 A. The court will not permit any other witness to testify unless: 10 (1) The party offering the witness demonstrates that the witness is for the 11 purpose of rebutting evidence that could not be reasonably anticipated at 12 the pretrial conference, or 13 (2) The witness was discovered after the pretrial conference and the proffering 14 party makes the showing required in “B,” below. 15 B. Upon the post pretrial discovery of any witness a party wishes to present at trial, 16 the party shall promptly inform the court and opposing parties of the existence of 17 the unlisted witnesses so the court may consider whether the witnesses shall be 18 permitted to testify at trial. The witnesses will not be permitted unless: 19 (1) The witness could not reasonably have been discovered prior to the 20 discovery cutoff. 21 (2) The court and opposing parties were promptly notified upon discovery of 22 the witness. 23 (3) If time permitted, the party proffered the witness for deposition. 24 (4) If time did not permit, a reasonable summary of the witness’s testimony 25 was provided to opposing parties. 26 ///// 1 EXHIBITS, SCHEDULES AND SUMMARIES 2 Plaintiff’s exhibits are those listed in Attachment D below. CES’s exhibits are those listed 3 in Attachment E below. EGUSD’s exhibits are those listed in Attachment F below. At trial, 4 plaintiff’s exhibits shall be identified using the prefix “P,” i.e., P-1, P-2, P-3, and so on. At trial, 5 CES’s exhibits shall be identified using the prefix “CES,” i.e., CES-1, CES-2, CES-3, and so on. 6 EGUSD’s exhibits shall be identified as EGUSD-1, EGUSD-2, EGUSD-3, and so on. The parties 7 are directed to meet and confer before trial to identify all exhibits they agree are admissible and 8 will list jointly. Joint exhibits will be identified using the prefix “J,” i.e., J-1, J-2, J-3, and so on. 9 The parties must prepare exhibit binders for use by the court at trial, with a side tab 10 identifying each exhibit in accordance with the specifications above. Each binder shall have an 11 identification label on the front and spine. 12 The parties must exchange exhibits no later than twenty-eight days before trial. Any 13 objections to exhibits are due no later than fourteen days before trial. 14 A. The court will not admit exhibits other than those identified on the exhibit lists 15 referenced above unless: 16 1. The party proffering the exhibit demonstrates that the exhibit is for the 17 purpose of rebutting evidence that could not have been reasonably 18 anticipated, or 19 2. The exhibit was discovered after the issuance of this order and the 20 proffering party makes the showing required in Paragraph “B,” below. 21 B. Upon the discovery of exhibits after the discovery cutoff, a party shall promptly 22 inform the court and opposing parties of the existence of such exhibits so that the 23 court may consider their admissibility at trial. The exhibits will not be received 24 unless the proffering party demonstrates: 25 1. The exhibits could not reasonably have been discovered earlier; 26 2. The court and the opposing parties were promptly informed of their 27 existence; and 1 3. The proffering party forwarded a copy of the exhibits (if physically 2 possible) to the opposing party. If the exhibits may not be copied the 3 proffering party must show that it has made the exhibits reasonably 4 available for inspection by the opposing parties. 5 DEPOSITION TRANSCRIPTS 6 Counsel must lodge the sealed original copy of any deposition transcript to be used at trial 7 with the Clerk of the Court on the first day of trial. 8 AMENDMENTS AND DISMISSALS 9 The parties have none at this time. 10 SEPARATE TRIAL OF ISSUES 11 The court will not bifurcate the trial. 12 IMPARTIAL EXPERTS OR LIMITATIONS OF EXPERTS 13 The court will not appoint an impartial expert or limit the number of expert witnesses. 14 ATTORNEYS’ FEES 15 Plaintiff seeks reasonable attorneys’ fees, litigation expenses, and costs pursuant to federal 16 and state law, including but not limited to 42 U.S.C. § 794, California Civil Code sections 52, 17 52.1 and California Code of Civil Procedure section 1021.5. Motion practice regarding fees and 18 costs will follow trial, according to a briefing and hearing schedule ordered by the court. 19 TRIAL EXHIBITS 20 No special handling of trial exhibits is necessary. The offering party will retain exhibits 21 pending any appeals. 22 TRIAL DATE AND ESTIMATED LENGTH OF TRIAL 23 The parties’ counsel filed a supplemental joint statement discussing their availability for 24 trial. See ECF No. 165. At this point the parties should be prepared for trial in January 2026. 25 Trial of this case is anticipated to last up to 15 days. The court will set a date certain in January 26 2026 as the first day of trial, after the settlement conference referenced above concludes and if the 27 case does not settle. 1 JOINT STATEMENT, PROPOSED JURY VOIR DIRE AND JURY INSTRUCTIONS 2 The parties shall file any proposed jury voir dire seven days before trial. Each party will 3 be limited to ten minutes of jury voir dire, following the court’s own thorough voir dire. 4 The court directs counsel to meet and confer in an attempt to generate a joint set of jury 5 instructions and verdicts and a joint statement of the case. The parties shall file any such joint set 6 of instructions and statement of the case fourteen days before trial, identified as “Jury 7 Instructions and Verdicts Without Objection” and “Joint Statement of the Case.” The joint 8 statement should be a summary paragraph or two discussing the claims and defenses, which the 9 court use during voir dire and in the preliminary instructions to the jury once seated. To the 10 extent the parties are unable to agree on all or some instructions and verdicts or joint statement, 11 their respective proposed instructions and statement are due fourteen days before trial. 12 Counsel shall e-mail a copy of all proposed joint statements, jury instructions and verdicts, 13 whether agreed or disputed, as a word document to kjmorders@caed.uscourts.gov no later than 14 fourteen days before trial; all blanks in form instructions should be completed and all brackets 15 removed. 16 Objections to proposed joint statement language or jury instructions must be filed seven 17 days before trial; each objection shall identify the challenged section of the joint statment or 18 instruction and shall provide a concise explanation of the basis for the objection along with 19 citation of authority. When applicable, the objecting party shall submit an alternative proposed 20 instruction on the issue or identify which of his or her own proposed instructions covers the 21 subject. 22 OBJECTIONS TO THIS ORDER AND CONCLUSION 23 Each party is granted fourteen days from the date of this order to file objections to the 24 same. If no objections are filed, the order will become final without further order of this court. 25 DATED: July 11, 2025. 26 1 ATTACHMENT A: PLAINTIFFS’ WITNESS LIST 2 1. C.R., 9487 Canmoor Circle, Elk Grove, CA 95758 3 2. Tiffany Roe, 9487 Canmoor Circle, Elk Grove, CA 95758 4 3. Sequoia Jones, P.O. Box 2692, Elk Grove, CA 95759 5 4. Ira Ross, 3032 5th Avenue, Sacramento, CA 95817 6 5. Marilyn Delgado, 9417 Colwin Way, Elk Grove, CA 95624 7 6. Angelica Taber 3210 24th Avenue, Sacramento, CA 95820 8 7. Erika Duran, 10466 Anada Lane, Rancho Cordova, CA 95670 9 8. Samantha Kuechler, 4851 Kokomo Drive, Unit 6125, Sacramento, CA 95835 10 9. Samantha Long-Chan (non-retained expert witness), 9366 Laguna Pointe Way, Elk Grove, 11 CA 95758 12 10. Dr. Richard J. Shaw (retained expert witness), Stanford School of Medicine Department 13 of Psychiatry and Behavioral Sciences, 401 Quarry Road, Stanford, CA 94305. 14 11. Craig Cunningham (retained expert witness), 6845 Aldea Avenue, Van Nuys, CA 91496 15 1 ATTACHMENT B: CES’S WITNESS LIST 2 1. Ira Ross, available through counsel for Capitol Elementary School. 3 2. Samantha Keuchler, available through counsel for Capitol Elementary School. 4 3. Irene Patino, available through counsel for Capitol Elementary School. 5 4. Erika Duran, available through counsel for Capitol Elementary School. 6 5. Anglica Taber, available through counsel for Capitol Elementary School. 7 6. Billy Stimson, available through counsel for Capitol Elementary School. 8 7. Karen DeGuzman, available through counsel for Capitol Elementary School. 9 8. Marilyn Delgado, available through counsel for EGUSD. 10 9. Plaintiff C.R., available through counsel for Plaintiff. 11 10. Tiffany Roe., available through counsel for Plaintiff. 12 11. Dr. Joseph Schwartzberg (expert witness), available through counsel for Capitol 13 Elementary School. 14 12. Dr. Catherine Ward (expert witness), available through counsel for Capitol Elementary 15 School. 16 1 ATTACHMENT C: EGUSD’S WITNESS LIST 2 1. Tiffany Roe, contact through plaintiff’s attorney of record 3 2. Doe C.R., contact through plaintiff’s attorney of record 4 3. Marilyn Delgado, contact through EGUSD’s attorney of record 5 4. Cindy Hayes, contact through EGUSD’s attorney of record 6 5. Elizabeth Rayner, contact through EGUSD’s attorney of record 7 6. Anavel Rodrigues-Jimenez, contact through EGUSD’s attorney of record 8 7. Jennifer Lipsky, contact through EGUSD’s attorney of record 9 8. Monique Grove, contact through EGUSD’s attorney of record 10 9. Jean Luu, contact through EGUSD’s attorney of record 11 10. Ira Ross, contact through EGUSD’s attorney of record 12 11. Marinelle Abeleda, contact through EGUSD’s attorney of record 13 12. Erica Duran, contact through EGUSD’s attorney of record 14 13. Angelica Taber, contact through EGUSD’s attorney of record 15 14. Claire Tan, contact through EGUSD’s attorney of record 16 15. Dr. Keather Kehoe, River Oak for Children, 9412 Big Horn Blvd., Ste. 6, Elk Grove, CA 17 95758 18 16. Cynthia Alford, P.O. Box 160727, Sacramento, CA 95816-9849 19 17. Hien Nguyen, Hospital Way (116A/SAC), BHICU Building 726, Mather, CA 95655 20 18. K. DeGuzman, contact through attorney of record 21 19. Billy K. Stimson, contact through attorney of record 22 20. Dennis Devine, contact through attorney of record 23 21. Theresa Gannon, contact through attorney of record 24 22. Cora Victorine, contact through attorney of record 25 23. Benedict Hutchinson Brooks, 5824 20th Ave., Sacramento CA, 95820-3108 26 24. Andrea Gross, 7500 Hospital Dr., Sacramento, CA 95823-5403 27 25. Christina Haldorsen, 7500 Hospital Dr., Sacramento, CA 95823-5403 1 26. Veronica Ayala, River Oak for Children, 9412 Big Horn Blvd., Suite 6, Elk Grove, CA 2 95758 3 27. Robert Black, River Oak for Children, 9412 Big Horn Blvd., Suite 6, Elk Grove, CA 4 95758 5 28. Cheryl Keenan, River Oak for Children, 9412 Big Horn Blvd., Suite 6, Elk Grove, CA 6 95758 7 29. Keather Kehoe, River Oak for Children, 9412 Big Horn Blvd., Suite 6, Elk Grove, CA 8 95758 9 30. Chelsea Klingfus, River Oak for Children, 9412 Big Horn Blvd., Suite 6, Elk Grove, CA 10 95758 11 31. Hannah Larson, River Oak for Children, 9412 Big Horn Blvd., Suite 6, Elk Grove, CA 12 95758 13 32. Samantha Long-Chen, River Oak for Children, 9412 Big Horn Blvd., Suite 6, Elk Grove, 14 CA 95758 15 33. Carol Lopez, River Oak for Children, 9412 Big Horn Blvd., Suite 6, Elk Grove, CA 16 95758 17 34. Lilly Pia, River Oak for Children, 9412 Big Horn Blvd., Suite 6, Elk Grove, CA 95758 18 35. Katherine Simonson, River Oak for Children, 9412 Big Horn Blvd., Suite 6, Elk Grove, 19 CA 95758 20 36. Ophelia Smith, River Oak for Children, 9412 Big Horn Blvd., Suite 6, Elk Grove, CA 21 95758 22 37. Lindsay Willis, River Oak for Children, 9412 Big Horn Blvd., Suite 6, Elk Grove, CA 23 95758 24 38. Harry Wang, 6355 Riverside Blvd Ste S, Sacramento, CA 95831 25 39. Mai Lao, 3030 Explorer Dr., Sacramento, CA 95827-2728 26 40. Paul Fong, Badge # 3015, Sacramento Police Department, 300 Richards Blvd., 27 Sacramento, CA 95811 1 41. Deidre McAuliff, Badge # 935, Sacramento Police Department, 300 Richards Blvd., 2 Sacramento, CA 95811 3 42. Joan Villaflor, 7501 Hospital Drive, # 203, Sacramento, CA 95823 4 43. Cheryl White Vance, UCD Department of Emergency Medicine, 4150 V Street STE 2100, 5 Sacramento, CA 95817 6 44. Devin Farren, Contact through EGUSD attorney of record 7 45. Perla-Inez Maulino, Sacramento Valley Pediatrics Medical Group 7501 Hospital Dr. # 8 203, Sacramento, CA 95823 9 46. Joseph Schwartzberg (expert) contact through CES counsel 10 47. Catherine Ward (expert) contact through CES counsel 11 1 ATTACHMENT D: PLAINTIFF’S EXHIBIT LIST 1. State of California Secretary of State Statement of Information for New Dimension Learning Academy (Ross Dep. Ex. 10) 2. U.S. Bankruptcy Court E.D. Cal. Voluntary Petition for Ira G. Ross Jr. dated February 18, 2014 (Ross Dep. Ex. 17) 3. U.S. Bankruptcy Court E.D. Cal. Chapter 13 Standing Trustee’s Final Report and Account for Ira G.Ross Jr. dated August 7, 2019 (Ross Dep. Ex. 18) 4. EGUSD Contract Summary Sheet for Capitol Academy, Inc. dated July 1, 2019 (Ross Dep. Ex. 12) 5. Suspected Child Abuse Report To Be completed by Mandated Child Abuse Reporters Pursuant to Penal Code Section 11166 (Delgado Dep. Ex. 19) 6. 2020-02-20 EGUSD Request for Special Education Home Hospital 7. Capitol Elementary Inc. Nonpublic, Nonsectarian School / Agency Services Master Contract 2019- 2020 (Delgado Dep. Ex. 6) 8. 2019-10-1 Email from I. Ross to M. Delgado re: phone message (Delgado Dep. Ex. 12) 9. Capitol Elementary 2019-2020 EGUSD Master Contract Documents (Delgado Del. Ex. 7)

///// 10. Child Abuse and Neglect Reporting Requirements Acknowledgement Form for Ira Ross dated June 14, 2019 (Ross Dep. Ex. 6) 11. EGUSD Contract Summary Sheet for Capitol Elementary Inc. 2020-2021 School Year (Ross Dep. Ex. 16) 12. Capitol Elementary 2018 – 2019 Documents, Forms, and Insurance 13. Capitol Elementary 2018 – 2019 Documents, Forms, and Insurance 14. Capitol Elementary 2019 – 2020 Documents, Forms, and Insurance 15. Nonpublic, Nonsectarian School / Agency Services Master Contract Change-Pro Redline 16. Master Contract Nonpublic, Nonsectarian School / Agency Services Master Contract 2021 – 2022 Change- Pro Redline 17. 2020-01 Phone Logs – T.R.’s Winter Break Calls to Marilyn Delgado 18. 2020-2-12 Letter from T. Roe to Dr. Kehoe 19. River Oak Center for Children Child/Youth Mental Status Exam dated April 12, 2019 (Shaw Dep. Ex. 27) 20. Child and Adolescent Needs and Strengths (CANS) 21. River Oak Center for Children Progress Notes Report 22. 2019-10-4 River Oak Center for Children Progress Notes Report 23. 2019-11-22 River Oak Center for Children Progress Notes Report 24. 2020-11-20 River Oak Center for Children Progress Notes Report 25. 2020-02-02 River Oak Center for Children Progress Notes Report 26. 2020-03-10 River Oak Center for Children Progress Notes Report 27. 2020-04-09 River Oak Center for Children Progress Notes Report 28. 2020-04-16 River Oak Center for Children Progress Notes Report 29. 2020-07-09 River Oak Center for Children Progress Notes Report 30. 2020-09-01 River Oak Center for Children Progress Notes Report 31. 2020-09-03 River Oak Center for Children Progress Notes Report 32. 2020-09-08 River Oak Center for Children Progress Notes Report 33. 2020-09-22 River Oak Center for Children Progress Notes Report 34. 2020-10-20 River Oak Center for Children Progress Notes Report ///// 35. 2020-12-08 River Oak Center for Children Progress Notes Report 36. 2020-12-16 River Oak Center for Children Progress Notes Report 37. 2021-01-19 River Oak Center for Children Progress Notes Report 38. 2021-02-16 River Oak Center for Children Progress Notes Report 39. 2021-04-22 River Oak Center for Children Progress Notes Report 40. 2021-05-10 River Oak Center for Children Progress Notes Report 41. 2021-06-16 River Oak Center for Children Progress Notes Report 42. 2021-07-21 River Oak Center for Children Progress Notes Report 43. Capitol Elementary Parent & Student Handbook (Roe Dep. Ex. 2) 44. Capitol Elementary – Sexual Harassment Policy Signed by C.R. (Roe Dep. Ex. 3) 45. 2019-5-13 Email from E. Duran to A. Taber re: Capitol Elementary Mail (Taber Dep. Ex. 21) 46. 2020-01-30 Email from A. Taber to M. Delgado and J.Luu re: Police Offer (Delgado Dep. Ex. 10) 47. Photograph of C.R. (Delgado Dep. Ex. 2) 48. Weekly Behavior Report 49. Student Worksheet (Duran Dep. Ex. 13)

50. Photograph of C.R. (Duran Dep. Ex. 2) 51. DeGuzman Therapy Notes (Taber Dep. Ex. 18)

52. Problem Solving Steps Worksheet (Duran Dep. Ex. 17) 53. Capitol Academy & Capitol Teacher: Capitol Inc. Teacher Handbook (Duran Dep. Ex. 6) 54. Capitol Academy & Capitol: Educational Aide Handbook 55. Capitol Schools Fall 2018-2019 Training Schedule 56. Capitol Schools Spring 2019 Training Schedule

57. Capitol Schools Fall 2019-2020 Training Schedule (Ross Dep. Ex. 7) 58. Capitol Elementary Classroom Assignments (Ross Dep. Ex. 20) 59. 2018-08-31 Capitol Elementary Staff Meeting Acknowledgement Sheet 60. 2018-09-14 Capitol Elementary Staff Meeting Acknowledgment Sheet 61. 2018-10-5 Capitol Elementary Staff Meeting Acknowledgment Sheet 62. 2018-11-02 Capitol Elementary Staff Meeting Acknowledgment Sheet 63. 2018-12-7 Capitol Elementary Staff Meeting 1 Acknowledgment Sheet 64. 2018-12-12 Capitol Elementary Staff Meeting Acknowledgment Sheet 65. 2019-1-2 Capitol Elementary Staff Meeting Acknowledgment Sheet 66. 2019-1-25 Capitol Elementary Staff Meeting Acknowledgment Sheet 67. 2019-2-22 Capitol Elementary Staff Meeting Acknowledgment Sheet 68. 2019-2-15 Capitol Elementary Staff Meeting Acknowledgment Sheet 2 69. 2019-03-01 Capitol Elementary Staff Meeting Acknowledgment Sheet 70. 2019-3-18 Capitol Elementary Staff Meeting Acknowledgment Sheet 71. 2019-4-5 Capitol Elementary Staff Meeting Acknowledgment Sheet 72. 2019-5-3 Capitol Elementary Staff Meeting Acknowledgment Sheet 73. 2019-6-12 Capitol Elementary Staff Meeting Acknowledgment Sheet 74. 2019-7-12 Capitol Employee Training List 75. 2019-8-2 Capitol Elementary Staff Meeting Acknowledgment Sheet 76. 2019-8-2 Training Sign-In Sheet

77. 2019-8-27 Capitol Elementary Staff Meeting Acknowledgment Sheet (Taber Dep. Ex. 8)

78. 2019-9-6 Capitol Elementary Staff Meeting Acknowledgment Sheet 79. 2019-09-20 Capitol Elementary Staff Meeting Acknowledgment Sheet 80. 2019-10-18 Capitol Elementary Staff Meeting Acknowledgment Sheet 81. 2019-10-25 Capitol Elementary Staff Meeting Acknowledgment Sheet 82. 2019-11-8 Capitol Elementary Staff Meeting Acknowledgment Sheet 83. 2019-12-13 Capitol Elementary Staff Meeting Acknowledgment Sheet 84. 2020-1-24 Capitol Elementary Staff Meeting Acknowledgment Sheet

85. 2020-11-17 A. Taber Letter (Taber Dep. Ex. 22)

86. Elk Grove Unified School District Contract Summary Sheet with Capitol Academy, Inc. for 2019 –2020 School Year 87. Capitol Academy, Inc. Nonpublic, Nonsectarian School / Agency Services Master Contract 2019- 2020 88. Elk Grove Unified School District Contract Summary Sheet with Capitol Academy, Inc. for 2020 –2021 School Year 89. 2020-08-28 EGUSD Letter re: Master Contract

90. Elk Grove Unified School District Contract Summary Sheet Amendment for 2020 – 2021 School Year 91. Capitol Academy, Inc. Nonpublic, Nonsectarian School / Agency Services First Amendment to Master Contract 2020-2021 92. 2020-02-12 Email from C. Jones to T. Roe re: C.R. letter 93. 2018-2019 Capitol Elementary Policy & Procedure Manual 94. Samantha Kuechler Resume (Kuechler Dep. Ex. 4)

95. Erika Duran Resume (Duran Dep Ex. 18)

96. Elk Grove Unified Assessment Plan dated September 2, 2019

97. 2019-09-04 Email from M. Delgado to A. Taber re: Van Incident (Delgado Dep. Ex. 13) 98. 2020-01-14 Email from A. Rodriguez-Jimenez to M. Delgado re: phone message (Delgado Dep. Ex. 16) 99. 2020-01-15 Email from M. Delgado to D. Johnson re: New referral (Delgado Dep. Ex. 17) 100. 2020-01-27 Email from A. Rodriguez-Jimenez to M. Delgado re: phone message (Delgado Dep. Ex. 20)

101. Copy of Call Report from (916) 647-2927 to EGUSD 102. 1-30-2020 Sacramento Police Department Victim Statement (Duran Dep. Ex. 22) 103. 2019-05-29 Elk Grove Unified Individualized Education Program 104. 2020-02-05 Email from H. Nguyen to T. Roe re: Follow Up 105. 2020-01-27 T. Roe Call Notes

106. 2019-09-04 – 2020-03-09 T. Roe Call Log and Notes

107. 2019 – 2020 T. Roe Call Log and Notes

108. T. Roe Call List and Appointments Made with Elk Grove School District 109. T. Roe Notes 110. Child Depression Inventory – Child and Caregiver Report-CR 111. MASC – Child and Caregiver Report - CR

112. UCLA PTSD Reaction Index – Child Report

113. UCLA PTSD Reaction Index – Parent/Caregiver Report 114. 2019-05-8 Visit Note – Office Visit

115. EGUSD Program Specialist – Special Education, Job Description (Delgado Dep. Ex. 4) 116. 2022-04-18 Desire & Grit Feat: Ira & Dwayne (Ross Dep. Ex. 19) 117. EGUSD Local Control Accountability Plan and Local Control Funding Formula 2016-2019 118. EGUSD State Report of Adopted Budget Financials, Fiscal Year 2019-20 119. EGUSD Local Control Funding Formula and Local Control Accountability Plan 2019-20

120. EGUSD State Report of Unaudited Actuals, Fiscal Years 2018-2019 121. Paycheck Protection Program (“PPP”) Loan Records for Capitol Elementary Inc. 122. Paycheck Protection Program (“PPP”) Loan Records for Capitol Elementary School Inc. 123. EGUSD State Report of Unaudited Actuals, Fiscal Years 2019-2020 124. EGUSD Special Education Local Plan Area (“SELPA”) Section D: Annual Budget Plan, Fiscal Year 2023-24 125. Local Assistance Entitlements Grant Recipients List for Individuals with Disabilities Education Act (“IDEA”) Funding as of April 5, 2021 126. Statement of Incorporation for Capitol Elementary School, Inc. filed October 1, 2022 127. State of California Office of the Secretary of State Statement of Information Corporation for Capitol Elementary School, Inc. (Ross Dep. Ex. 14) 128. Ira Ross Resume (Ross Dep. Ex. 9)

129. Possible Rebuttal Exhibits ATTACHMENT E: CES’S EXHIBIT LIST 1. Capitol Elementary Parent & Student Handbook (CES 000001-32) 2. Plaintiff’s Student Attendance Records (CES 000034-40) 3. 05/29/17 Behavior Intervention Plan (CES 000047- 50) 4. 11/01/19 Behavior Intervention Plan (CES 000051- 54) 5. 11/05/19 IEP Documents (CES 000055-83) 6. 11/05/19 Student Incident Report (CES 000087-88) 7. 01/22/19 Initial Student Interview (CES 000089-90) 8. Sexual Harassment Policy signed by Plaintiff (CES 0000118) 9. 10/10/29 Psycho-Educational Evaluation (CES 000130-147) 10. Statement from Angelica Taber (CES 000161) 11. Emails 05/10/19 through 05/13/19 between T.R., Erika Duran, and Angelica Taber (CES 000165-67) 12. 01/30/20 email from Angelica Taber to Marilyn Delgado, Jean Luu, and Ira Ross (CES 000185) 13. 06/13/17 Triennial Psychological Assessment Summary (CES 000189-94) 14. Capitol Elementary Weekly Behavior Form (CES 000224-88) 15. 01/22/20 Individual Therapy Notes (CES 000319) 16. Capitol Elementary Therapy Log (CES 000324-25) 17. Capitol Academy & Capitol Teacher Handbook (CES 000327-72) 18. Capitol Academy & Capitol Educational Aide Handbook (CES 000373-415) 19. Capitol Schools Fall 2018-2019 Training Schedule (CES 000417) 20. Capitol Schools Spring 2019 Training Schedule (CES 000419) 21. Capitol Schools Fall 2019-2020 Training Schedule (CES 000421) 22. Capitol Elementary Positive School-Wide Behavior System (CES 01152-1165) 23. 2019-2020 Policy & Procedure Manual (CES 001070-98) 24. Sacramento Police Department Public Counter- Report Request 01/30/20 (CS000001-8) 25. Developmental History Questionnaire (CS000080- 86) 26. Probate Mediation Report (CS 000095-103) 27. IEP 06/11/12 (CS 000107-17) 28. IEP Team Amendments Page 05/10/12 (CS 000118- 28) 29. Behavior Support Plan 03/14/12 (CS 000133-36) 30. Psychological Assessment Pre-K Special Education Services 02/03/12 (CS 000137-44) 31. IEP 06/14/11 (CS 000152-68) 32. Psychological Assessment Pre-K Special Education Services 06/16/21 (CS 000170-77) 33. Multi-Disciplinary Assessment Pre-K Special Education Services (CS 000178-85) 34. Educational Report (CS 000203-207) 35. Behavior Report 09/21/12 (CS 000208-16)

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12 13 14 15 1 ATTACHMENT F: EGUSD’S EXHIBIT LIST EXHIBIT EXHIBIT DATE DESCRIPTION NUMBER 1001 2017-2023 EGUSD Mandated Trainings 1002 03/27/19-02- River Oak initial Assessment and Progress Notes with 03/20 Simonsen 1003 06/01/17 [Confidential] Doe CR IEP 1004 06/19/17 [Confidential] IEP Amendment 1005 08/31/18 [Confidential] 2018-2019 CES Training Schedule 1006 08/31/18 Mandatory Meeting Sign in Sheet 1007 01/30/19 Email from Angelica Taber to Marilyn Delgado re police officer on campus re Doe CR report 1008 03/29/19 River Oak Center for Children Progress Notes Report - E&M 1009 03/29/19 River Oak Center for Children Progress Notes Report - AMSP 1010 03/29/19 River Oak Progress Note with Simonsen 1011 04/12/19 River Oak Progress Note with Simonsen 1012 04/29/19 River Oak Center for Children Progress Notes Report – E&M 1013 05/13/19 Email from Erica Duran to Angelica Taber re communication with Tiffany Roe 1014 06/06/19 River Oak Center for Children Progress Notes Report – E&M 1015 06/14/19 CES Child Abuse and Negligent Reporting Requirements Acknowledgement Form 1016 06/20/19 River Oak Center for Children Progress Notes Report – E&M 1017 07/01/19 Capitol Elementary, Inc., Master Contract 1018 07/01/19 CES/EGUSD Master Contract 1019 08/05/19 River Oak Center for Children Progress Notes Report – E&M 1020 08/27/19 Staff Attendance for 8/27/19 All Staff Training 1021 09/02/19 Victorine – Tiffany Roe Assessment of Doe CR 1022 09/02/19 Victorine – Assessment Plan 1023 09/03/19 River Oak Center for Children Progress Notes Report – E&M 1024 09/04/19 Email from Delgado to Taber re Tiffany Roe accusations regarding van accident 1025 09/08/19 Conners 3TM Parent Response Booklet 1026 10/01/19 Email from Ira Ross to Marilyn Delgado re meeting with Tiffany Roe 1027 10/10/19 [Confidential] Victorine – Psycho-Educational Evaluation 1028 10/24/19 [Confidential] Deguzman Notes from Session with Doe CR 1029 10/29/19 River Oak Center for Children Progress Notes Report – E&M 1030 11/05/19 [Confidential] Doe CR November 5, 2019 IEP meeting notes 1031 12/03/19 River Oak Center for Children Progress Notes Report – E&M 1032 01/30/19- CES Doe CR Behavior Reports 12/04/19 1033 12/18/2019 [Confidential] CES Injury Report Form 1034 01/07/20 River Oak Center for Children Progress Notes Report – E&M 1035 01/14/20 Telephone message from Tiffany Roe asking for a referral for Northern California Prep School 1036 01/22/20 [Confidential] Deguzman Notes from Session with Doe 1037 01/27/20 Telephone Message from Darlene Cooper To Marilyn Delgado 1038 01/29/20 River Oak Center for Children Progress Notes – DAP 1039 01/30/20 CPS Report 1040 01/30/20 Police Report 1041 02/22/19- Villafor – Office Visit Notes 02/05/20 1042 02/11/20 River Oak Center for Children Progress Notes Report – E&M 1043 02/12/20 Letter from Tiffany Roe to Dr. Kehoe re Doe CR Home School Note 1044 02/20/20 Request for Home Hospital Education 1045 02/20/20 Letter from Dr. Kehoe to EGUSD re Doe CR Home School 1046 02/05/20- UC Davis Records Post Incident (Maulino) 02/21/20 1047 03/10/20- River Oak Center for Children Progress Notes post 04/25/20 incident 1048 06/26/18-6/10/20 Alta Regional Plans 1049 02/03/20- River Oak Progress Note – Klingfus -DAP – Post 09/14/20 Incident 1050 07/21/20- Long Chan Reports – River Oaks – DAP 03/17/21 1051 8/15/16-5/19/21 Nguyen – Alta Regional Consumer I.D. Notes 1052 08/02/24 Devine Triennial Psychological Assessment Summary 1053 01/30/25 Sacramento City Policy CAD 1054 00/00/00 Pleasant Grove High School Records 1055 00/00/00 [Confidential] Capitol Elementary Parent Student Handbook 1056 00/00/00 CES Sexual Harassment Policy 1057 00/00/00 [Confidential] K. Deguzman CES Therapy Log 2019- 2020 1058 00/00/00 [Confidential] Capitol Schools Fall 2019-2020 Training Schedule 1059 00/00/00 CES Incident Reports re Doe CR 1060 00/00/00 Taber Statement 1061 00/00/00 CES Teacher Handbook 1062 00/00/00 Van Rules 1063 00/00/00 Parent Complaint Procedures 1064 00/00/00 Methodist Hospital Medical Records 1065 00/00/00 UC Davis Medical Records 1066 00/00/00 Pinkerton MS Records 1067 00/00/00 Doe CR CUM File 1068 00/00/00 EGUSD/DELGADO initial disclosure (documents produced) 1