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Response to Plaintiff’s Motion (Dkt. 152) to File Sur-Reply (17-cv0635-CRB)

GESINA SEILER CARSON

Assistant Attorney General of Wisconsin

State Bar No. 1055162

Post Office Box 7857

Madison, Wisconsin 53707-7857

Telephone: (608) 266-1672

Fax: (608) 267-8906

E-mail: carsongs@doj.state.wi.us

MIGUEL A. NERI

Deputy Attorney General of California

State Bar No. 132875

1515 Clay Street, 20th Floor

P.O. Box 70550

Oakland, CA 94612-0550

Telephone: (510) 879-0755

Fax: (510) 622-2270

E-mail: Miguel.Neri@doj.ca.gov

Attorneys for Third Party Jonathan Kenoyer

IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF CALIFORNIA

CALIFORNIA PARENTS FOR THE 

EQUALIZATION OF EDUCATIONAL 

MATERIALS, et al.,

Plaintiffs, Case No. 17-CV-0635-CRB

v. RESPONSE TO PLAINTIFF’S 

MOTION (DKT. 152) TO FILE SURREPLY

TOM TORLAKSON, et al.,

Defendants.

Judge: Charles R. Breyer

Action Filed: June 14, 2018

KENOYER’S RESPONSE TO PLAINTIFF’S 

MOTION (DKT. 152) TO FILE SUR-REPLY

Case 3:17-cv-00635-CRB Document 158 Filed 07/23/18 Page 1 of 3
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Response to Plaintiff’s Motion (Dkt. 152) to File Sur-Reply (17-cv0635-CRB)

Plaintiffs served Third Party Jonathan Mark Kenoyer with a subpoena for documents. 

Kenoyer is a Professor of Anthropology at the University of Wisconsin (“UW”) who focuses on 

the Indus Civilization (Pakistan and India). The documents requested were for all communications 

among the South Asia Faculty Group (SAFG) relating to “Framework” and the California State 

Education Agency and Professor Kenoyer’s 2005 research paper entitled “Cultures and Traditions 

of the Indus Traditions.” UW ultimately produced 800+ documents in response and designated a 

portion of those documents “Confidential” pursuant to the Protective Order entered in this case 

(Dkt. 130.) Plaintiffs have challenged the confidential designation of 67 of these documents, which 

have been filed “Under Seal.” 

Plaintiffs’ Motion to file a Sur-Reply should be denied because there is no new evidence. 

Counsel for the State Defendants signed the Stipulated Protective Order long ago. (Dkt. 130). By 

signing on, the State Defendants were entitled to receive copies of the documents produced by 

Kenoyer pursuant to Plaintiffs’ subpoena. The same argument applies to the State Defendants 

receipt of the unredacted briefs. Additionally, providing a copy of the specific documents, to 

clarify which documents are at issue in this case, to the attorney who has already received them 

from his own client, does not undermine the basis to retain confidentiality. There is no reason to 

“hide the ball” regarding which documents are at issue in Kenoyer’s motion. The fact that all 

interested parties have knowledge of the specific documents at issue will assist this Court in the 

ultimate decision by focusing the arguments to the correct documents. 

Plaintiffs’ second claim, that Kenoyer raised a new argument, does not warrant a SurReply. In Kenoyer’s initial brief, he argued that Plaintiffs could use the documents however they 

wished for the litigation without removal of the confidential designation. The reason for removal 

Case 3:17-cv-00635-CRB Document 158 Filed 07/23/18 Page 2 of 3
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Response to Plaintiff’s Motion (Dkt. 152) to File Sur-Reply (17-cv0635-CRB)

of the confidential designation would be to widely disseminate them (Dkt. 142 at 9), which is 

demonstrated on CAPEEM’s website. 

Dated: July 23, 2018.

Respectfully submitted,

/s/Gesina S. Carson

GESINA SEILER CARSON

Assistant Attorney General

State Bar #1055162

Attorney for Third Party Jonathan Kenoyer

Case 3:17-cv-00635-CRB Document 158 Filed 07/23/18 Page 3 of 3