California OAH special education order · September 17, 2019
Order Requiring Filing of Additional Documents in Support of Motion to Quash
OAH Case No. 2019060930 · ALJ Penelope S. Pahl
OAH put off ruling on Student's motion to quash Cajon Valley's records subpoenas because neither side filed copies of the subpoenas, and ordered both parties to file them.
Summary
Student objected to a notice to consumer about subpoenas Cajon Valley issued for records held by Dr. Mark McDonough, Dr. Mark Katz, and Linda Nerenberg. OAH treated the objection as a motion to quash, and Cajon Valley opposed it. Neither side attached the subpoenas, so OAH said it could not rule. It ordered both parties to file copies by noon on September 18, 2019, serve them on each other, and file any objections to authenticity by 5 p.m. that day.
Why it matters
Anyone asking OAH to quash or enforce a subpoena should attach the subpoena itself. Without it, OAH cannot rule, and the decision is delayed.
People named in the order
- Dr. Mark McDonough, Subpoenaed records holder
- Dr. Mark Katz, Subpoenaed records holder
- Linda Nerenberg, Subpoenaed records holder
Topics
Full text of the order
Published text of the OAH order. Page headers and numbers from the original PDF have been dropped.
BEFORE THE
OFFICE OF ADMINISTRATIVE HEARINGS
STATE OF CALIFORNIA
IN THE MATTER OF:
PARENT ON BEHALF OF STUDENT,
v.
CAJON VALLEY UNION SCHOOL DISTRICT.
OAH CASE NUMBER 2019060930
ORDER REQUIRING FILING OF ADDITIONAL DOCUMENTS IN SUPPORT
OF MOTION TO QUASH
On October 9, 2019, Student filed an objection to a notice to consumer regarding subpoenas issued to Dr. Mark McDonough, Dr. Mark Katz and Linda Nerenberg by Cajon Valley Unified School District. This is being treated as a motion to quash a subpoena by the Office of Administrative Hearings, often called OAH. On October 12, 2019, Cajon Valley opposed the motion to quash the subpoenas.
Neither the Student nor Cajon Valley attached copies of the subpoenas to the papers filed with OAH. Without copies of the subpoenas in question, OAH is unable to rule on the motion. Therefore, both parties have until Wednesday September 18, 2019 at 12:00 noon to file copies of the subpoenas for the records of Dr. Mark McDonough, Dr. Mark Katz and Linda Nerenberg with OAH, and to thereafter immediately either email, fax or personally deliver copies to each other. The parties will then have until five PM on Wednesday September 18, 2019 to file any objection to the authenticity of the documents filed by the opposing party. If there are no objections as to the authenticity of the subpoenas filed, no additional documents beyond the subpoena copies are required.
IT IS SO ORDERED.
DATED: September 17, 2019 Penelope S. Pahl Administrative Law Judge Office of Administrative Hearings