Motion In Limine No 7MotionCal. Super. - 1st Dist.August 24, 2016- © OW ow N o o o bh o w DN G. Dana Scruggs, Esq. SBN 96152 Samuel Forbes-Roberts, Esq. SBN 286586 Cartwright, Scruggs, Fulton & Walther 716 Ocean Street, Suite 100 Santa Cruz, CA 95060 Phone 831-457-1700 Fax 831-457-3788 dana@csfwlaw.com sam@csfwlaw.com ATTORNEYS FOR PLAINTIFFS SUPERIOR COURT OF CALIFORNIA ALAMEDA COUNTY MANAZ HAKIMI, CASE NO. RG16828564 ASSIGNED FOR ALL PURPOSES TO Plaintiff, HONORABLE IOANA PETROU DEPARTMENT 15 Vs. PLAINTIFF'S MOTION IN LIMINE NO. 7 NEWARK UNIFIED SCHOOL DISTRICT, RE: DEFENDANT'S EXPERT PHILLIP MORALES, AZIZ MOHAMADI, NEUROPSYCHOLOGIST, RONALD and ROES 1 to 100, inclusive, ROBERTS, PhD’s REFUSAL TO PROVIDE DOCUMENTS REQUESTED Defendants. Complaint filed: August 24, 2016 | Trial Date: October 16, 2017 Pursuant to Court Order, the deposition of Ronald Roberts, PhD was taken by Plaintiff on October 12, 2017 in the jury room of Department 15. Attached hereto as Exhibit “A” is a copy of the Second Amended Notice of Deposition of Ronald Roberts, PhD and Request for Production of Documents. At his deposition, Dr. Roberts refused to provide two (2) items of relevant information: (1) He indicated he had testified in one legal case involving allegations of child sexual abuse, but he would not give the name of the case in which he testified for the defendant. He stated that there was a “settlement agreement” in which the name of the defendant was “confidential”. On the record, Plaintiff's counsel requested Dr. Roberts to Hakimi v. Newark, et al/Case No. RG16828564 1 Plaintiff's Motion in Limine No. 7 Re Dr. Roberts’ Refusal to Produce Docs O O OW om ~N Oo og bh Ww O N N N O D N N D N D N D N N ND N N a2 a A a AQ QQ QQ QQ a2 «a «a ~~ O O o D W N aA OO 0 oo N O o r N Y a 28 simply provide the name of the defendant as it was captioned in the original filing of the case, and the location of the courthouse where the case was filed. He indicated he gave a deposition in the case approximately two (2) years ago, but he would not provide the case name. (2) The document request portion of the deposition notice required Dr. Roberts to produce any and all DOCUMENTS which refer or relate to four (4) different seminars/presentations he gave in the last ten (10) years to various legal organizations regarding psychological assessments a forensic testimony in cases involving cases of emotional injuries. (Ex. “A”, Document Request Nos. 27-30). Dr. Roberts indicated that he did have the documents relating to Request Nos. 27 and 28, presentations to the American Conference Institute, but that he would not produce them based on privacy and/or trade secret grounds. Dr. Roberts’ presentations on how to handle “mental/nervous claims” and how to “effectively approach and utilize IME evaluation, neuro-psych evaluations, medical records and more” to a group of lawyers in Florida and Philadelphia in 2016 and 2017 are potentially relevant to his bias and should be produced. Dated: October 13, 2017 CARTWRIf HT, SCRUGGS, FULTON & WALTHER G. Dana $cruggs, Esq., Attorney for Plaintiff Hakimi v. Newark, et al/Case No. RG16828564 2 Plaintiff's Motion in Limine No. 7 Re Dr. Roberts’ Refusal to Produce Docs EXHIBIT “A” © © NN dH ga BD W N a N N R N N N N N N 2 a a a a a a a s 4 D N O O a Bh W N 2 O O © ® N D a h s » e S G. Dana Scruggs, Esq. SBN 96152 Samuel Forbes-Roberts, Esq. SBN 286586 Cartwright, Scruggs, Fulton & Walther 716 Ocean Street, Suite 100 Santa Cruz, CA 95060 Phone 831-457-1700 Fax 831-457-3788 dana@csfwlaw.com sam@csfwlaw.com ATTORNEYS FOR PLAINTIFFS SUPERIOR COURT OF CALIFORNIA ALAMEDA COUNTY JANE DOE, Plaintiff, VS. NEWARK UNIFIED SCHOOL DISTRICT, PHILLIP MORALES, AZIZ MOHAMADI, and ROES 1 to 100, inclusive, Defendants. / CASE NO. RG16828564 ASSIGNED FOR ALL PURPOSES TO HONORABLE IOANA PETROU DEPARTMENT 15 SECOND AMENDED NOTICE OF DEPOSITION OF RONALD ROBERTS, PhD AND REQUEST FOR PRODUCTION OF DOCUMENTS Date: October 12, 2017 Time: 1:00 p.m. Location: Administration Building 1221 Oak Street, 3" Floor Dept. 15 Jury Room Oakland, CA 94126 TO DEFENDANT AND HIS ATTORNEY OF RECORD: PLEASE TAKE NOTICE that the deposition on oral examination of RONALD ROBERTS, PhD, whose address is 2000 Van Ness Avenue #512, San Francisco, California will be taken by stenography before an officer duly qualified to administer oaths in and for the State of California on October 12, 2017 at 1:00 p.m. at the Alameda County Courthouse located at 1221 Oak Street in Oakland, California, on the 3% Floor in the Department 15 Jury Room. Said deposition to continue from day to day, Sundays and holidays excepted, until completed. Doe v. Newark, et al/Case No. RG16828564 1 Amended Notice of Deposition of Ronald Roberts, PhD-Req. for Docs © OW © ~N O&O a BA W N a N N N N ND ND ND ND NM M D D A 4 a4 a e d nv d v 0 s Aa D0 N O O n B A W O N s O OW o N As W O N a NOTICE IS FURTHER GIVEN that if an interpreter is required to translate testimony, written notice of same must be given at least five (5) working days before the deposition date, and the specific language and/or dialect thereby designated. PLEASE TAKE FURTHER NOTICE that it is expected that, in compliance with CCP 2034.415, the deponent shall, no later than three (3) business days before his or her deposition, produce any materials or category of materials, including any electronically stored information, called for by this Deposition Notice listed on Exhibit A. / DATED: October 4. 2017 CARTWRIGHT, SCRUGGS, FULTON & WALTHER p- \ G. Dana Scruggs, Esq., Attorney for Plaintiff Doe v. Newark, et al/Case No. RG16828564 2 Amended Notice of Deposition of Ronald Roberts, PhD-Req. for Docs EXHIBIT “A” TO NOTICE OF DEPOSITION OF RONALD ROBERTS, PhD DEFINITIONS WRITING.” “DOCUMENT.” “DOCUMENTATION” is defined to include, but not be limited to, the definition of “Writing” as that term is defined in California Evidence Code §250, including DVDs, or other visual presentations, as well as any recording of a communication whether to oneself or another, including text messages, emails, voice mails, videos, diaries, notes, memos, or digital recordings whether audio or visual. REQUESTS FOR PRODUCTION 1. Your most recent Curriculum Vitae and/or resume. 2. Any and all DOCUMENTS that have at any time been provided by Defendant or his attorney and any DOCUMENTS you have provided to them. 3. Any and all DOCUMENTS, on which you relied in considering any opinions relating to Plaintiffs emotional condition or relating to the appropriate treatment for her emotional condition. 4, Any and all DOCUMENTS relating to the time spent or amount billed or paid for work on behalf of Defendant. 5. Any and all DOCUMENTS which relate to any conversations you have had with anyone about the work you have done for Defendant in this case. 6. Any and all DOCUMENTS you have reviewed or relied upon in the consideration of any opinions you have in this case. 7. Any and all DOCUMENTS constituting any compensation agreement or contract you have with the Defendant or the Defendant's lawyers. 8. Any and all DOCUMENTS describing any monies you have billed or been paid by Defendant's law firm. 9. Any and all DOCUMENTS reflecting monies you have billed or been paid for medical/legal work done at any time in the last ten years (including 1099's for the past ten years). 10. Any and all DOCUMENTS reflecting any notes you have made or reports written regarding the subject lawsuit. 11. Any and all diagrams, models, photographs, videos, or other visual representations that you have either received, reviewed or you intend to use to express your opinions at the time of trial. 12. Any and all DOCUMENTS reflecting any disciplinary action, suspension or reprimand from any licensing authority, professional association, hospital, or board of certification. 13. Any and all DOCUMENTS reflecting any complaints made by any current or former patient relating to any professional services you rendered. 14. Any and all DOCUMENTS that reflect or demonstrate the percentage of work performed by you as an expert consultant or witness in medical/legal matters rather than as a clinical practitioner. 15. Any and all DOCUMENTS reflecting any defense medical examinations or independent medical examinations of any individual, conducted by you, involving claims by the individual that they were sexually abused and suffered emotional injury in the past five years, redacting so as to prevent disclosure of the names of the person being examined. 16. Any and all DOCUMENTS describing any lawsuit in which you have been designated as an expert on the issue of whether or not a Plaintiff in litigation has suffered emotional injury from alleged child sexual abuse in the past five years. 17. Any and all deposition transcripts you have given in the last five years in which you testified as an expert witness regarding any individual who claimed to have suffered emotional injury from alleged child sexual abuse. 18. Any and all DOCUMENTS which describe any civil case in which you have been hired by a lawyer for the injured party (the Plaintiff) in a civil lawsuit during the past five years, including but not limited to, written reports to the lawyer or deposition testimony. 19. Any and all DOCUMENTS in the last ten years which describe the percentage of your medical/legal work which is done on behalf of Plaintiffs or their attorneys, as opposed to Defendants, or their attorneys and/or insurance companies. 20. Any and all marketing material that you or any private practice in which you had a financial interest created in the past five years which describes the areas of psychiatric or psychological practice in which you engage. 21. Any and all peer review articles which you have published in the area of child sexual abuse or post-traumatic stress disorder. 22. Any and DOCUMENTS representing any non-peer review papers you have published in the area of child sexual abuse or post-traumatic stress disorder. 23. Any and all DOCUMENTS which compromise a list of legal cases in which you have been retained as an expert or testified as an expert in the last ten years, including but not limited to the name and case number of the case, and the identity of the attorneys or insurance company who retained you, as well as the general substance of any testimony you gave, including but not limited to a list of such cases for purposes of federal court disclosure. 24. Any and all DOCUMENTS reflecting the name and address of the opposing attorneys in any legal action in which you have testified under 3 oath as an expert witness, either in deposition or at trial involving claims of child sexual abuse. 25. Copies of all deposition or trial transcriptions of your testimony in any legal action in which you have testified under oath as an expert witness, either in deposition or at trial involving claims of child sexual abuse. 26. Any and all DOCUMENTS which refer or relate to your interview, evaluation and testing of Plaintiff, including any audio recordings and raw data from psychological testing, and grading material manuals and test manuals used in scoring the tests on Plaintiff. 27. Any and all DOCUMENTS which refer or relate to your seminar presentations entitled “Mental Disorder and Other Limited Conditions - Tackling the Challenges of Handling Mental/Nervous Claims and Establishing Objective Proof of Subjective, “Non-Visible” Disorders” given on February 2, 2017 at the American Conference Institute in Miami, Florida, and on September 15, 2016 at the American Conference Institute in Philadelphia. 28. Any and all DOCUMENTS which refer or relate to your seminar presentation “Effectively Approaching and Utilizing IME’s Evaluation, Treating Physician's Opinion, the FCE, Neuro-psych Evaluations, Medical Records and More” at the American Conference Institute in Philadelphia on January 21, 2016. 29. Any and all DOCUMENTS which refer or relate to the January 12, 2011 “Forensic Psych Assessment of Emotional Injuries in Litigation” presentation to Mitchell, Silberg and Knupp, Los Angeles, Califorinia. 30. Any and all DOCUMENTS which refer or relate to your presentation of “Shrinks on the Couch: Deposing Mental Health Professionals”, to the Bar Association of San Francisco on September 12, 2007. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 DOE V. NEWARK UNIFIED SCHOOL DISTRICT, ET AL CASE NO. RG16828564 PROOF OF SERVICE [C.C.P. §1013(a) and 2015.5, C.R.C. § 2008, F.R.C.P. Rule 5] l, the undersigned, declare that: | am employed in the County of Santa Cruz, California; | am over the age of eighteen years and not a party to the within cause and my business address is 716 Ocean Street, Suite 100, Santa Cruz, California. On the date listed at my signature below, | served the within PLAINTIFF'S SECOND AMENDED NOTICE OF DEPOSITION OF RONALD ROBERTS, PhD AND REQUEST FOR PRODUCTION OF DOCUMENTS on the interested parties in said cause, by placing a true and correct copy thereof addressed as follows: Louis A. Leone, Esq. Marina B. Pitts, Esq. LEONE & ALBERTS A Professional Corporation 2175 North California Boulevard Suite 900 Walnut Creek, CA 94596 Tel. 925-974-8600 Fax 925-974-8601 mpitts@leonealberts.com VIA FAX AND U.S. MAIL (X) BY MAIL Having full knowledge of the outgoing mail system of this firm, in that all mail in the outgoing mail basket is deposited each evening in the United States Mail, in the City and County of Santa Cruz, State of California, | enclosed a true Copy of said document(s) in a sealed envelope, with fully-paid postage thereon in the outgoing mail basket. 9) BY PERSONAL SERVICE | caused each such envelope to be delivered by hand to the addressee(s) noted above. (X) BY FACSIMILE | caused the said document to be transmitted by facsimile machine to the number indicated above. §) BY EXPRESS MAIL | caused each such envelope to be deposited into a designated Federal Express mail box for pick-up on the date of execution of this declaration. | declare under penalty of perjury that the foregoing is true and correct, and that this declaration was executed on October 4, 2017 at Santa Cruz, California. Cone Vamos ony Vargas ra \ PROOF OF SERVICE 3 J 10/04/2017 WED 17:13 FAX 831 457 3788 CSF&W LAW FIRM ; Koo1 - ThA Ah hk ALTA Ar Ahk E kth dk *%* FAX TX REPORT *#*% IEEE AK ETE A EEE IAN T hh TRANSMISSION OK JOB NO. 3820 DEPT. ID 20167 DESTINATION ADDRESS 19259748601 SUBADDRESS DESTINATION ID ST. TIME 10/04 17:10 TX/RX TIME 02' 30 PGS. 9 RESULT OK CARTWRIGHT, SCRUGGS, FULTON & WALTHER 716 OCEAN STREET SUITE 100 SANTA CRUZ, CA 95060 (831) 457-1700/FAX (831) 457-3788 FACSIMILE TRANSMITTAL SHEET TO: Marina Pitts, Esq. FROM: G. Dana Scruggs, Esq. COMPANY: LEONE & ALBERTS DATE: 10/04/17 FACSIMILE NO.: 925-974-8601 NUMBER OF PAGES: 9 RE: JANE DOE V. NEWARK UNIFIED SCHOOL DISTRICT NOTES/COMMENTS: See attached Second Amended Notice of Deposition of Ronald Roberts, PhD and Request for Documents 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PROOF OF SERVICE [C.C.P. §1013(a) and 2015.5, C.R.C. § 2008, F.R.C.P. Rule 5] I, the undersigned, declare that | am employed in the County of Santa Cruz, California; | am over the age of eighteen years and not a party to the within cause and my business address is 716 Ocean Street, Suite 100, Santa Cruz, California. On the date listed on my signature below, | served the within PLAINTIFF'S MOTION IN LIMINE NO. 7 RE: DEFENDANT'S EXPERT NEUROPSYCHOLOGIST, RONALD ROBERTS, PhD's REFUSAL TO PRODUCE DOCUMENTS REQUESTED re on the interested parties in said cause, by placing a true and correct copy thereof addressed as follows: Louis A. Leone, Esq. Marina B. Pitts, Esq. LEONE & ALBERTS A Professional Corporation 2175 North California Boulevard Suite 900 Walnut Creek, CA 94596 Fax 925-974-8601 Email: mpitts@leonealberts.com For Defendants Newark Unified School District and Phillip Morales 0 BY MAIL Having full knowledge of the outgoing mail system of this firm, in that all mail in the outgoing mail basket is deposited each evening in the United States Mail, in the City and County of Santa Cruz, State of California, | enclosed a true Copy of said document(s) in a sealed envelope, with fully-paid postage thereon in the outgoing mail basket. 0 BY HAND DELIVERY | caused each such document to be delivered by hand to the addressee(s) noted above. 0 BY FACSIMILE | caused the said document to be transmitted by facsimile machine to the number indicated above. () BY OVERNIGHT DELIVERY | caused each such envelope to be deposited into a designated UPS box for pick-up on the date of execution of this declaration. (x) BY ELECTRONIC MAIL TRANSMISSION Based on Court Order or agreement of parties to accept service via email or electronic transmission, | caused the within document to be sent to the person(s) at the email address(es) listed above. | did not receive, within a reasonable time after transmission, any electronic message or other indication that the transmission of said document was unsuccessful. PROOF OF SERVICE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PROOF OF SERVICE [C.C.P. §1013(a) and 2015.5, C.R.C. § 2008, F.R.C.P. Rule 5] | declare under penalty of perjury that the foregoing is true and correct, and that this declaration was executed on this 14th day of Qctober 2017 at Santa Cruz, California. Cynthid L) Vargas PROOF OF SERVICE
