California OAH special education order · March 17, 2020
Order Denying Motion to Quash Subpoena
OAH Case No. 2019120184 · ALJ Marlo Nisperos
OAH denied Student's motion to quash the District's records subpoenas as moot because the hearing date the subpoenas targeted was vacated when the case was consolidated and reset.
Summary
Larkspur-Corte Madera issued subpoenas duces tecum to North Bridge Academy and Dr. Dudley J. Wiest. The subpoenas sought Student's school-based services records and psychological evaluation records, to be produced on March 24, 2020, the first hearing day. Student moved to quash, arguing the documents were not reasonably necessary. OAH did not reach that argument and denied the motion as moot, because a consolidation order had vacated the March 24 hearing and reset it for May 5 through May 7, 2020.
Why it matters
A subpoena tied to a hearing date can become moot when the hearing is reset, and OAH may then decline to rule on whether the records are needed. Families may have to renew their objection if the district reissues the subpoena for the new date.
People named in the order
- Dr. Dudley J. Wiest, Psychological evaluation provider (subpoenaed)
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:
LARKSPUR-CORTE MADERA SCHOOL DISTRICT,
v.
PARENT ON BEHALF OF STUDENT.
OAH CASE NUMBER 2019120184
ORDER DENYING MOTION TO QUASH SUBPOENA
MARCH 17, 2020
On December 4, 2019, Larkspur-Corte Madera School District filed a request for due process naming Student. On December 23, 2019, a continuance in this matter was granted scheduling the case for hearing on March 24, through March 26, 2020.
On March 9, 2020, Larkspur-Corte Madera issued a subpoenas duces tecum on North Bridge Academy and Dr. Dudley J. Wiest. A notice to consumer was sent to Student advising Student of the subpoenas directed to North Bridge Academy and Dr.
Dudley J. Wiest. Copies of the subpoenas were sent to Student with the notice to consumer. The subpoena to North Bridge Academy and Dr. Dudley J. Wiest sought records related to Student’s school-based services and psychological evaluation services respectively, and requested the records be produced on March 24, 2020 at the Larkspur- Corte Madera District Office.
On March 10, 2020, Student filed a motion to quash the subpoenas on the grounds that the documents are not reasonably necessary for production. On March 13, 2020, during the prehearing conference, a motion to consolidate was granted; therefore the March 24, 2020 due process hearing in this case was vacated and a new hearing date was scheduled for May 5, through May 7, 2020. Therefore, Student’s motion to quash is moot.
ORDER
Student’s motion to quash Larkspur-Corte Madera’s subpoena to North Bridge Academy and Dr. Dudley J. Wiest is DENIED because the issue is moot.
Marlo Nisperos Administrative Law Judge Office of Administrative Hearings