| ........ |
C-73 CV Denton, Steven R. Civil
Case Mana 37-2012-00099393-CU-WT-CTL
P)Dwight Lee Howell Michael F
Armstrong
03/01/13 10:30AM C-73 CV Denton, Steven
R. Civil Case Mana
37-2012-00099393-CU-WT-CTL D)Keith
Salkeld Steven J Cologne
03/01/13 10:30AM C-73 CV Denton, Steven
R. Civil Case Mana
37-2012-00099393-CU-WT-CTL D)Pablo
Rios Steven J Cologne
03/01/13 10:30AM C-73 CV Denton, Steven
R. Civil Case Mana
37-2012-00099393-CU-WT-CTL D)San Diego
Unified School Steven J Cologne
03/01/13 10:30AM C-73 CV Denton, Steven
R. Demurrer / Moti
37-2012-00099393-CU-WT-CTL P)Dwight
Lee Howell Michael F Armstrong
03/01/13 10:30AM C-73 CV Denton, Steven
R. Demurrer / Moti
37-2012-00099393-CU-WT-CTL D)Keith
Salkeld Steven J Cologne
03/01/13 10:30AM C-73 CV Denton, Steven
R. Demurrer / Moti
37-2012-00099393-CU-WT-CTL D)Pablo
Rios Steven J Cologne
03/01/13 10:30AM C-73 CV Denton, Steven
R. Demurrer / Moti
37-2012-00099393-CU-WT-CTL D)San Diego
Unified School Steven J Cologne
Case Mana 37-2012-00099393-CU-WT-CTL
P)Dwight Lee Howell Michael F
Armstrong
03/01/13 10:30AM C-73 CV Denton, Steven
R. Civil Case Mana
37-2012-00099393-CU-WT-CTL D)Keith
Salkeld Steven J Cologne
03/01/13 10:30AM C-73 CV Denton, Steven
R. Civil Case Mana
37-2012-00099393-CU-WT-CTL D)Pablo
Rios Steven J Cologne
03/01/13 10:30AM C-73 CV Denton, Steven
R. Civil Case Mana
37-2012-00099393-CU-WT-CTL D)San Diego
Unified School Steven J Cologne
03/01/13 10:30AM C-73 CV Denton, Steven
R. Demurrer / Moti
37-2012-00099393-CU-WT-CTL P)Dwight
Lee Howell Michael F Armstrong
03/01/13 10:30AM C-73 CV Denton, Steven
R. Demurrer / Moti
37-2012-00099393-CU-WT-CTL D)Keith
Salkeld Steven J Cologne
03/01/13 10:30AM C-73 CV Denton, Steven
R. Demurrer / Moti
37-2012-00099393-CU-WT-CTL D)Pablo
Rios Steven J Cologne
03/01/13 10:30AM C-73 CV Denton, Steven
R. Demurrer / Moti
37-2012-00099393-CU-WT-CTL D)San Diego
Unified School Steven J Cologne
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Internal investigator at San Diego Unified fired for
refusing to cleanse a report about sexual assaults in
boys bathroom
San Diego Unified Lawsuit Moves Forward
By Rory Devine and R. Stickney
NBC 7
Aug. 13, 2015
After the San Diego Unified School District paid $105,000 to settle a lawsuit
alleging sexual assault in a boy's bathroom, a new suit has been filed relating to
the case.
A former employee who alleged a "cover up" of student-on-student sexual
misconduct at SD Unified will soon be heading to settlement talks with the district.
A September 24 date has been set for settlement negotiations in the suit
brought by former school district investigator Michael Gurrieri. He was hired by
SDUSD in March 2014 as a probationary internal investigator.
Gurrieri claims he uncovered a problem of student-on-student sexual assaults
within the district as he was looking into an allegation at Green Elementary
School in San Carlos.
In May 2013, parents of a kindergartener said their son was sexually assaulted
by another kindergarten student in the boy's bathroom at Green Elementary.
The parents were awarded $105,000 to settle a lawsuit in the case, and the
district did not admit guilt.
When Gurrieri filed his report, he claims he was told to remove allegations of
incidents of abuse in the school that the principal was aware of and didn't do
anything about, according to his attorney.
Gurrieri was terminated from his job because he objected to the district's “cover-
up,” his attorney claims.
The lawsuit originally named Superintendent Cindy Marten, Executive Director of
the Quality Assurance Office Carmina Duran and the district's General Counsel
Andra Donovan as defendants because the district cannot be sued in federal
court under the claims of First Amendment violations.
A judge is considering a motion to remove Marten and Donovan that claims
Gurrieri failed to prove he had a conversation with either Marten or Donovan
regarding his report.
However, Gurrieri's attorneys say the judge has yet to make a final decision on
whether Marten and Donovan will be defendants.
Duran did instruct Gurrieri to focus his report on one student's allegations, court
documents show.
The district ended Gurrieri's employment in October 2014, court documents
show. The district has said it will not comment on pending litigation.
3:15-cv-01674-W-BLM Gurrieri v. Duran et al
Thomas J. Whelan, presiding
Barbara Lynn Major, referral
Date filed: 07/28/2015
Date of last filing: 09/15/2015
U.S. District Court
Southern District of California (San Diego)
CIVIL DOCKET FOR CASE #: 3:15-cv-01674-W-BLM
Gurrieri v. Duran et al
Assigned to: Judge Thomas J. Whelan
Referred to: Magistrate Judge Barbara Lynn Major
Cause: 42:1983cv Civil Rights Act - Civil Action for Deprivation of Rights
Date Filed: 07/28/2015
Jury Demand: Plaintiff
Nature of Suit: 440 Civil Rights: Other
Jurisdiction: Federal Question
Plaintiff
Michael Gurrieri
an individual represented by Adam Kleinberg
Sokoloff Stern LLP
179 Westbury Avenue
Carle Place, NY 11514
(516) 334-4500
Email: akleinberg@sokoloffstern.com
LEAD ATTORNEY
PRO HAC VICE
ATTORNEY TO BE NOTICED
Brian Sokoloff
Sokoloff Stern LLP
179 Westbury Avenue
Carle Place, NY 11514
(516) 334-4500
Email: bsokoloff@sokoloffstern.com
LEAD ATTORNEY
PRO HAC VICE
ATTORNEY TO BE NOTICED
Dean Theodore Janis
Janis Law Group, APC
550 West C Street
Suite 1155
San Diego, CA 92101
(619)814-3525
Fax: 619-955-5318
Email: dean.janis@janislaw.net
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Mark Radi
Sokoloff Stern LLP
179 Westbury Avenue
Carle Place, NY 11514
(516) 334-4500
Email: mradi@sokoloffstern.com
LEAD ATTORNEY
PRO HAC VICE
ATTORNEY TO BE NOTICED
V.
Defendant
Carmina Duran
an individual, in her individual capacity represented by Douglas R
Clifford
Paul Plevin Sullivan and Connaughton LLP
101 West Broadway
Ninth Floor
San Diego, CA 92101-8285
(619) 237-5200
Fax: (619) 615-0700
Email: dclifford@paulplevin.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Freyaan Y. Karanjia
Paul, Plevin, Sullivan & Connaughton, LLP
101 West Broadway
Ninth Floor
San Diego, CA 92101
619-237-5200
Fax: 619-615-0700
Email: fkaranjia@paulplevin.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Michael Cody Sullivan
Paul Plevin Sullivan and Connaughton
101 West Broadway
Ninth Floor
San Diego, CA 92101-4232
(619)237-5200
Fax: (619)615-0700
Email: msullivan@paulplevin.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Defendant
Andra Donovan
an individual, in her individual capacity represented by Douglas R
Clifford
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Freyaan Y. Karanjia
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Michael Cody Sullivan
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Defendant
Cindy Marten
an individual, in her individual capacity represented by Douglas R
Clifford
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Freyaan Y. Karanjia
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Michael Cody Sullivan
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
07/28/2015 1 COMPLAINT With Jury Demand Against All Defendants
(Filing fee $ 400 receipt number 0974-8283241.), filed by Michael Gurrieri.
(Attachments: # 1 Civil Cover Sheet)
The new case number is 3:15-cv-01674-W-BLM. Judge Thomas J. Whelan and
Magistrate Judge Barbara Lynn Major are assigned to the case. (Janis, Dean)
(fth)(jrd) (Entered: 07/28/2015)
07/28/2015 2 Summons Issued.
Counsel receiving this notice electronically should print this summons and serve
it in accordance with Rule 4, Fed.R.Civ.P and LR 4.1. (fth)(jrd) (Entered:
07/28/2015)
08/14/2015 3 PRO HAC APPROVED: Adam Kleinberg appearing for
Plaintiff Michael Gurrieri. (vam) (Entered: 08/14/2015)
08/14/2015 4 PRO HAC APPROVED: Mark Radi appearing for Plaintiff
Michael Gurrieri. (vam) (Entered: 08/14/2015)
08/14/2015 5 PRO HAC APPROVED: Brian Sokoloff appearing for
Plaintiff Michael Gurrieri. (vam) (Entered: 08/14/2015)
08/19/2015 6 ANSWER to 1 Complaint, by Carmina Duran.
(Attachments: # 1 Proof of Service)(Sullivan, Michael)Attorney Michael Cody
Sullivan added to party Carmina Duran(pty:dft) (jpp). (Entered: 08/19/2015)
08/19/2015 7 MOTION to Dismiss for Failure to State a Claim by Andra
Donovan, Cindy Marten. (Attachments: # 1 Memo of Points and Authorities, # 2
Proof of Service)(Sullivan, Michael)Attorney Michael Cody Sullivan added to
party Andra Donovan(pty:dft), Attorney Michael Cody Sullivan added to party
Cindy Marten(pty:dft) (jpp). (Entered: 08/19/2015)
08/20/2015 8 NOTICE AND ORDER for Telephonic Early Neutral
Evaluation Conference and Case Management Conference. Telephonic Early
Neutral Evaluation set for 9/24/2015 at 2:00pm. Signed by Magistrate Judge
Barbara Lynn Major on 8/19/2015.(jpp) (Entered: 08/20/2015)
08/24/2015 9 NOTICE of Appearance by Douglas R Clifford on behalf
of Andra Donovan, Carmina Duran, Cindy Marten (Attachments: # 1 Proof of
Service)(Clifford, Douglas)Attorney Douglas R Clifford added to party Andra
Donovan(pty:dft), Attorney Douglas R Clifford added to party Carmina Duran(pty:
dft), Attorney Douglas R Clifford added to party Cindy Marten(pty:dft) (jpp).
(Entered: 08/24/2015)
08/24/2015 10 NOTICE of Appearance by Freyaan Y. Karanjia on
behalf of Andra Donovan, Carmina Duran, Cindy Marten (Karanjia, Freyaan)
Attorney Freyaan Y. Karanjia added to party Andra Donovan(pty:dft), Attorney
Freyaan Y. Karanjia added to party Carmina Duran(pty:dft), Attorney Freyaan Y.
Karanjia added to party Cindy Marten(pty:dft) (jpp). (Entered: 08/24/2015)
09/02/2015 11 Joint MOTION for Extension of Time to File
Response/Reply as to 7 MOTION to Dismiss for Failure to State a Claim by
Michael Gurrieri. (Attachments: # 1 Declaration of Mark A. Radi, # 2 Proposed
Order Extending Briefing Schedule)(Radi, Mark) (jpp). (Entered: 09/02/2015)
09/02/2015 12 ORDER granting 11 Joint Motion to extend Plaintiff's
deadline to respond to Defendant's motion to dismiss. The presently calendared
hearing date of Monday, September 21, 2015 for Defendants motion is hereby
continued to Monday, October 5, 2015. Plaintiff shall file his opposition to
Defendants motion on or before September 21, 2015, Defendants shall file their
reply on or before September 28, 2015.. Signed by Judge Thomas J. Whelan on
9/02/2015. (jpp) (Entered: 09/03/2015)
09/15/2015 13 JOINT DISCOVERY PLAN by Michael Gurrieri (Radi,
Mark) (jpp). (Entered: 09/15/2015)
refusing to cleanse a report about sexual assaults in
boys bathroom
San Diego Unified Lawsuit Moves Forward
By Rory Devine and R. Stickney
NBC 7
Aug. 13, 2015
After the San Diego Unified School District paid $105,000 to settle a lawsuit
alleging sexual assault in a boy's bathroom, a new suit has been filed relating to
the case.
A former employee who alleged a "cover up" of student-on-student sexual
misconduct at SD Unified will soon be heading to settlement talks with the district.
A September 24 date has been set for settlement negotiations in the suit
brought by former school district investigator Michael Gurrieri. He was hired by
SDUSD in March 2014 as a probationary internal investigator.
Gurrieri claims he uncovered a problem of student-on-student sexual assaults
within the district as he was looking into an allegation at Green Elementary
School in San Carlos.
In May 2013, parents of a kindergartener said their son was sexually assaulted
by another kindergarten student in the boy's bathroom at Green Elementary.
The parents were awarded $105,000 to settle a lawsuit in the case, and the
district did not admit guilt.
When Gurrieri filed his report, he claims he was told to remove allegations of
incidents of abuse in the school that the principal was aware of and didn't do
anything about, according to his attorney.
Gurrieri was terminated from his job because he objected to the district's “cover-
up,” his attorney claims.
The lawsuit originally named Superintendent Cindy Marten, Executive Director of
the Quality Assurance Office Carmina Duran and the district's General Counsel
Andra Donovan as defendants because the district cannot be sued in federal
court under the claims of First Amendment violations.
A judge is considering a motion to remove Marten and Donovan that claims
Gurrieri failed to prove he had a conversation with either Marten or Donovan
regarding his report.
However, Gurrieri's attorneys say the judge has yet to make a final decision on
whether Marten and Donovan will be defendants.
Duran did instruct Gurrieri to focus his report on one student's allegations, court
documents show.
The district ended Gurrieri's employment in October 2014, court documents
show. The district has said it will not comment on pending litigation.
3:15-cv-01674-W-BLM Gurrieri v. Duran et al
Thomas J. Whelan, presiding
Barbara Lynn Major, referral
Date filed: 07/28/2015
Date of last filing: 09/15/2015
U.S. District Court
Southern District of California (San Diego)
CIVIL DOCKET FOR CASE #: 3:15-cv-01674-W-BLM
Gurrieri v. Duran et al
Assigned to: Judge Thomas J. Whelan
Referred to: Magistrate Judge Barbara Lynn Major
Cause: 42:1983cv Civil Rights Act - Civil Action for Deprivation of Rights
Date Filed: 07/28/2015
Jury Demand: Plaintiff
Nature of Suit: 440 Civil Rights: Other
Jurisdiction: Federal Question
Plaintiff
Michael Gurrieri
an individual represented by Adam Kleinberg
Sokoloff Stern LLP
179 Westbury Avenue
Carle Place, NY 11514
(516) 334-4500
Email: akleinberg@sokoloffstern.com
LEAD ATTORNEY
PRO HAC VICE
ATTORNEY TO BE NOTICED
Brian Sokoloff
Sokoloff Stern LLP
179 Westbury Avenue
Carle Place, NY 11514
(516) 334-4500
Email: bsokoloff@sokoloffstern.com
LEAD ATTORNEY
PRO HAC VICE
ATTORNEY TO BE NOTICED
Dean Theodore Janis
Janis Law Group, APC
550 West C Street
Suite 1155
San Diego, CA 92101
(619)814-3525
Fax: 619-955-5318
Email: dean.janis@janislaw.net
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Mark Radi
Sokoloff Stern LLP
179 Westbury Avenue
Carle Place, NY 11514
(516) 334-4500
Email: mradi@sokoloffstern.com
LEAD ATTORNEY
PRO HAC VICE
ATTORNEY TO BE NOTICED
V.
Defendant
Carmina Duran
an individual, in her individual capacity represented by Douglas R
Clifford
Paul Plevin Sullivan and Connaughton LLP
101 West Broadway
Ninth Floor
San Diego, CA 92101-8285
(619) 237-5200
Fax: (619) 615-0700
Email: dclifford@paulplevin.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Freyaan Y. Karanjia
Paul, Plevin, Sullivan & Connaughton, LLP
101 West Broadway
Ninth Floor
San Diego, CA 92101
619-237-5200
Fax: 619-615-0700
Email: fkaranjia@paulplevin.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Michael Cody Sullivan
Paul Plevin Sullivan and Connaughton
101 West Broadway
Ninth Floor
San Diego, CA 92101-4232
(619)237-5200
Fax: (619)615-0700
Email: msullivan@paulplevin.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Defendant
Andra Donovan
an individual, in her individual capacity represented by Douglas R
Clifford
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Freyaan Y. Karanjia
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Michael Cody Sullivan
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Defendant
Cindy Marten
an individual, in her individual capacity represented by Douglas R
Clifford
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Freyaan Y. Karanjia
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Michael Cody Sullivan
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
07/28/2015 1 COMPLAINT With Jury Demand Against All Defendants
(Filing fee $ 400 receipt number 0974-8283241.), filed by Michael Gurrieri.
(Attachments: # 1 Civil Cover Sheet)
The new case number is 3:15-cv-01674-W-BLM. Judge Thomas J. Whelan and
Magistrate Judge Barbara Lynn Major are assigned to the case. (Janis, Dean)
(fth)(jrd) (Entered: 07/28/2015)
07/28/2015 2 Summons Issued.
Counsel receiving this notice electronically should print this summons and serve
it in accordance with Rule 4, Fed.R.Civ.P and LR 4.1. (fth)(jrd) (Entered:
07/28/2015)
08/14/2015 3 PRO HAC APPROVED: Adam Kleinberg appearing for
Plaintiff Michael Gurrieri. (vam) (Entered: 08/14/2015)
08/14/2015 4 PRO HAC APPROVED: Mark Radi appearing for Plaintiff
Michael Gurrieri. (vam) (Entered: 08/14/2015)
08/14/2015 5 PRO HAC APPROVED: Brian Sokoloff appearing for
Plaintiff Michael Gurrieri. (vam) (Entered: 08/14/2015)
08/19/2015 6 ANSWER to 1 Complaint, by Carmina Duran.
(Attachments: # 1 Proof of Service)(Sullivan, Michael)Attorney Michael Cody
Sullivan added to party Carmina Duran(pty:dft) (jpp). (Entered: 08/19/2015)
08/19/2015 7 MOTION to Dismiss for Failure to State a Claim by Andra
Donovan, Cindy Marten. (Attachments: # 1 Memo of Points and Authorities, # 2
Proof of Service)(Sullivan, Michael)Attorney Michael Cody Sullivan added to
party Andra Donovan(pty:dft), Attorney Michael Cody Sullivan added to party
Cindy Marten(pty:dft) (jpp). (Entered: 08/19/2015)
08/20/2015 8 NOTICE AND ORDER for Telephonic Early Neutral
Evaluation Conference and Case Management Conference. Telephonic Early
Neutral Evaluation set for 9/24/2015 at 2:00pm. Signed by Magistrate Judge
Barbara Lynn Major on 8/19/2015.(jpp) (Entered: 08/20/2015)
08/24/2015 9 NOTICE of Appearance by Douglas R Clifford on behalf
of Andra Donovan, Carmina Duran, Cindy Marten (Attachments: # 1 Proof of
Service)(Clifford, Douglas)Attorney Douglas R Clifford added to party Andra
Donovan(pty:dft), Attorney Douglas R Clifford added to party Carmina Duran(pty:
dft), Attorney Douglas R Clifford added to party Cindy Marten(pty:dft) (jpp).
(Entered: 08/24/2015)
08/24/2015 10 NOTICE of Appearance by Freyaan Y. Karanjia on
behalf of Andra Donovan, Carmina Duran, Cindy Marten (Karanjia, Freyaan)
Attorney Freyaan Y. Karanjia added to party Andra Donovan(pty:dft), Attorney
Freyaan Y. Karanjia added to party Carmina Duran(pty:dft), Attorney Freyaan Y.
Karanjia added to party Cindy Marten(pty:dft) (jpp). (Entered: 08/24/2015)
09/02/2015 11 Joint MOTION for Extension of Time to File
Response/Reply as to 7 MOTION to Dismiss for Failure to State a Claim by
Michael Gurrieri. (Attachments: # 1 Declaration of Mark A. Radi, # 2 Proposed
Order Extending Briefing Schedule)(Radi, Mark) (jpp). (Entered: 09/02/2015)
09/02/2015 12 ORDER granting 11 Joint Motion to extend Plaintiff's
deadline to respond to Defendant's motion to dismiss. The presently calendared
hearing date of Monday, September 21, 2015 for Defendants motion is hereby
continued to Monday, October 5, 2015. Plaintiff shall file his opposition to
Defendants motion on or before September 21, 2015, Defendants shall file their
reply on or before September 28, 2015.. Signed by Judge Thomas J. Whelan on
9/02/2015. (jpp) (Entered: 09/03/2015)
09/15/2015 13 JOINT DISCOVERY PLAN by Michael Gurrieri (Radi,
Mark) (jpp). (Entered: 09/15/2015)
3:15-cv-01674-W-BLM Gurrieri v. Duran et al