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Motion to Maintain Confidential Designation (17-cv-0635-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. MOTION TO MAINTAIN 

CONFIDENTIAL DESIGNATION

TOM TORLAKSON, et al.,

Defendants.

Judge: Charles R. Breyer

Action Filed: June 14, 2018

JONATHAN KENOYER’S MOTION TO RETAIN CONFIDENTIAL DESIGNATION 

OF RECORDS PURSUANT TO STIPULATED PROTECTIVE ORDER (DKT. 130)

Case 3:17-cv-00635-CRB Document 141 Filed 06/14/18 Page 1 of 3
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Motion to Maintain Confidential Designation (17-cv-0635-CRB)

NOW COMES Third Party Jonathan Kenoyer, by his undersigned attorneys, and pursuant 

to Civil Local Rule 7-2, hereby moves the Court to retain confidential designation of records 

produced pursuant to the Stipulated Confidentiality Agreement (Dkt. 130). The grounds for this 

Motion are contained in Kenoyer’s Brief in Support of Motion to Retain Confidentiality, the 

Declarations of Claire Dalle Molle and Gesina Seiler Carson, all pleadings of record, and the 

following grounds:

(1) On January 23, 2018, Plaintiff, Defendants, and Non-Party Jonathan Kenoyer entered 

into a Stipulated Protective Order (Dkt. 130 at 12);

(2) On January 24, 2018, this Court entered the Protective Order pursuant to Stipulation 

(Dkt. 130 at 12);

(3) Kenoyer turned over records to Plaintiff which were designated Confidential;

(4) By email dated May 24, 2018, Plaintiff, pursuant to ¶ 6.2 of the Protective Order (Dkt. 

130), provided notice that he challenged the confidential designation to the following 

pages of the document production: 1-2, 5, 16, 22-24, 29-30, 36, 46-48, 51, 53, 56-58, 

60-62, 66-67, 72-95, 105-123, 128;

(5) On June 6, 2018, counsel for Kenoyer had a telephone call with counsel for Plaintiffs, 

to comply with the meet and confer requirements, as required by ¶ 6.2 of the Stipulated 

Protective Order (Dkt. 130);

(6) The parties conferred in good faith, but could not reach an agreement regarding the 

“Confidential” designation on the above-identified documents in Paragraph Four (See 

Decl. of Carson and Dalle Molle); and 

(7) This Motion is timely filed within 21 days of the May 24, 2018 e-mail notice 

challenging confidentiality of records. (Dkt. 130 at ¶ 6.3).

Case 3:17-cv-00635-CRB Document 141 Filed 06/14/18 Page 2 of 3
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Motion to Maintain Confidential Designation (17-cv-0635-CRB)

Wherefore, Third Party Jonathan Kenoyer respectfully requests this Court grant his Motion 

to Retain Confidentiality and retain the Confidential designations pursuant to the Stipulated

Protective Order (Dkt. 130) on the challenged records identified in Paragraph Four.

Dated: June 14, 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 141 Filed 06/14/18 Page 3 of 3