Shellonnee B. Chinn: Using Federal Court To Right A Wrong by Civil Rights Watch

Shellonnee B. Chinn Using The Federal Courts To Right A Wrong

See Templates For Use in Federal Court Litigation

Righting A Wrong: Take Action Thirty-one defendants have been named by Shellonnee B. Chinn in multi-million-dollar lawsuit for conspiracy to deny the African-American teacher her constitutional rights and for retaliation against her for asserting and fighting for her rights. Shellonnee B. Chinn, is a 15-year African-American veteran kindergarten teacher who has devoted most of her adult life to the education of young children. She enjoyed a highly successful and exceptionally appreciated career as a teacher, entirely at Buffalo’s Elmwood Franklin School, until August 2013 when new management took over the day-to-day operations of the school and conspired to maliciously destroy Ms. Chinn’s career because of her race and to preserve what they consider an elite, privileged, and white private school. This is a case of the severe and adverse consequences of invidious racial, gender and age discrimination in the workplace, by some of the wealthiest individuals in Western New York, where a hostile work environment destroys a career and many loving relationships developed with hundreds of children over a decade and a half. This civil action seeks to recover damages for the deprivation of Ms. Chinn’s s rights or privilege as a citizen of the United States and to be free of employment discrimination in the work place and for the retaliation by

Elmwood Franklin administrators for Ms. Chinn exercising a right to complain and exercising a right to file an administrative complaint with the U.S. Equal Employment Opportunity Commission about the school’s violations of state and federal law. Specific laws violated are: 42 U.S.C. § 3601 et seq; 42 U.S.C. § 2000 (a) et seq.; 42 U.S.C. § 2000 (e) et seq. 29 U.S.C. § 621, et seq.; 42 U.S.C. §§ 1981, 1982, 1983, and 1985 and 1986, et seq; Title VII of the Civil Rights Act of 1964; under the First, Fifth, Fourteenth Amendments to the United States Constitution; as well under the laws of the State of New York. Virtually every moment, from on or about December 2014 to February 2015, of Ms. Chinn’s final weeks at the school, including most meetings, classes, and informal interactions, have been digitally recorded. Like many of the all-white academies that sprung up in the south in 1955, right after the Supreme Court ordered the desegregation of public schools, the Elmwood Franklin has remained over its’ 127-year history an elite virtually all-white academy where wealthy white families can send educate their kids in a highly insular academic environment---even under circumstances where the quality of the academics is questionable. Individuals, without benefit of legal counsel, can seek assistance from the U.S. Department of Education, Office of Civil Rights and/or the U.S.

Justice Department, Civil Rights Division, where racial discrimination is suspected. No filing fees or other costs. The Elmwood Franklin School, as a recipient of federal education dollars, faces investigation by the U.S. Department of Education, Office of Civil Rights. In deconstructing institutional racism, invoking the jurisdiction of federal agencies can be central to guaranteeing a proper investigation of complaints of violations of the Title VI of the Civil Rights Act of 1964. Ordinary citizens can do as Ms. Chinn has done: where there is probable cause to believe that an institution is receiving federal tax dollars and engages in discriminatory behavior ask the U.S. Department of Education, Office of Civil Rights and/or the U.S. Justice Department, Civil Rights Division to investigate. Shellonnee B. Chinn, former kindergarten teacher at the Elmwood Franklin School, has invoked the jurisdiction of the Office of Civil Rights to investigate the hiring and employment practices of the school that has had only 1 African-American classroom teacher in itsâ&#x20AC;&#x2122; entire 127-year history-and the 1 African-American teacher that the school has hired in 127 years has sued the school for racist practices. Ordinary citizens, without a lawyer can do as Ms. Chinn has done.

Use the attached documents as a template.

UNITED STATES DISTRCT COURT WESTERN DISTRICT OF NEW YORK _______________________________________ SHELLONNEE B. CHINN, Plaintiff, vs.

THE ELMWOOD FRANKLIN SCHOOL, et al.

PLAINTIFF’S REQUESTS FOR THE PRODUCTION OF DOCUMENTS FROM DEFENDANTS THE ELMWOOD FRANKLIN SCHOOL. Docket No.: 15-cv-0938-FPG-JJM

Defendants. _______________________________________

PLAINTIFF REQUESTS FOR THE PRODUCTION OF DOCUMENTS The following are documents requested from the Elmwood Franklin School (Buffalo, NY) and the Buffalo Public Schools District in a racial discrimination and civil rights lawsuit now pending in federal court in Buffalo. Under Rules 26 and 34 of the Federal Rules of Civil Procedure plaintiff is entitled to these documents and Elmwood Franklin has an obligation to turn them over to her.

Volume 1 Requests dated April 5 - 9, 2018

Plaintiff’s Requests for Production of Documents from the Elmwood Franklin School

NOTICE The attached documents are formal requests for defendants in a federal lawsuit to produce and turn over documents in their custody to the plaintiff. The documents requested include complete employee records, student academic records, insurance policies, tax returns, minutes of Board meetings, etc. Once delivered to plaintiff, these documents will be used in the litigation and care will be taken to protect the privacy of any records of students. There are approximately 30 defendants in this case associated with the Elmwood Franklin School. They are: The Elmwood Franklin School, Andrew Deyell, Sarah Duddy, Alyssa Schwabe, Patti Scaffidi, Molly Clauss, Jenna Evaldi, Michele Kulpit, Michael Joseph, Alice Jacobs, Barry Heneghan, Catherine Beltz-Foley, Cyndi Burnett, Christopher Koch, Omar Kahn, Brian J. Lipke, Alon Kupferman, Kimisha Brown Houston, Cutler Greene, Arthur Glick, Keith Frome, Scott Friedman, Terri Rich, Peter Allen Weinmann, Nicholas B. Tzetzo, Sonja Siren, Robert Scott, Anthony Johnson, and Michele Lee.

UNITED STATES DISTRCT COURT WESTERN DISTRICT OF NEW YORK _______________________________________ SHELLONNEE B. CHINN,

Docket No.: 15-cv-0938-FPG-JJM Plaintiff,

vs.

THE ELMWOOD FRANKLIN SCHOOL, et al.

PLAINTIFFS’ REQUEST FOR PRODUCTION OF INSURANCE DOCUMENTS UPON DEFENDANTS THE ELMWOOD FRANKLIN SCHOOL, et al

Defendants. _______________________________________

PLAINTIFF’S REQUEST FOR PRODUCTION OF INSURANCE DOCUMENTS UPON DEFENDANTS THE ELMWOOD FRANKLIN SCHOOL, et al PURSUANT TO RULE 26(a)(1)(A)(iv) FRCP

To:

Defendants The Elmwood Franklin School, Andrew Deyell, Sarah Duddy, Alyssa Schwabe, Patti Scaffidi, Molly Clauss, Jenna Evaldi, Michele Kulpit, Michael Joseph, Alice Jacobs, Barry Heneghan, Catherine Beltz-Foley, Cyndi Burnett, Christopher Koch, Omar Kahn, Brian J. Lipke, Alon Kupferman, Kimisha Brown Houston, Cutler Greene, Arthur Glick, Keith Frome, Scott Friedman, Terri Rich, Peter Allen Weinmann, Nicholas B. Tzetzo, Sonja Siren, Robert Scott, Anthony Johnson, and Michele Lee. c/o Brendan P. Kelleher, Esq. Harris Beach, L.L.P.

Dated: April 5, 2018

Plaintiff’s RULE 26(a)(1)(A)(iv) FRCP Document Request

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Instructions 1. Pursuant to Rule 26(a)(1)(A)(iv) and Rule 34 of the Federal Rules (FRCP), plaintiff Shellonnee B. Chinn submits the following request for production of documents upon defendants The Elmwood Franklin School, Andrew Deyell, Sarah Duddy, Alyssa Schwabe, Patti Scaffidi, Molly Clauss, Jenna Evaldi, Michele Kulpit, Michael Joseph, Alice Jacobs, Barry Heneghan, Catherine Beltz-Foley, Cyndi Burnett, Christopher Koch, Omar Kahn, Brian J. Lipke, Alon Kupferman, Kimisha Brown Houston, Cutler Greene, Arthur Glick, Keith Frome, Scott Friedman, Terri Rich, Peter Allen Weinmann, Nicholas B. Tzetzo, Sonja Siren, Robert Scott, Anthony Johnson, and Michele Lee. 2. Specifically, as mandated by Rule 26(a)(1)(A)(iv) FRCP, plaintiff requests a copy of any insurance agreement under which an insurance business may be liable to satisfy all or part of a possible judgment in this action or to indemnify or reimburse for payments made to satisfy judgment for each and every one of the following defendants: The Elmwood Franklin School, Andrew Deyell, Sarah Duddy, Alyssa Schwabe, Patti Scaffidi, Molly Clauss, Jenna Evaldi, Michele Kulpit, Michael Joseph, Alice Jacobs, Barry Heneghan, Catherine Beltz-Foley, Cyndi Burnett, Christopher Koch, Omar Kahn, Brian J. Lipke, Alon Kupferman, Kimisha Brown Houston, Cutler Greene, Arthur Glick, Keith Frome, Scott Friedman, Terri Rich, Peter Allen Weinmann, Nicholas B. Tzetzo, Sonja Siren, Robert Scott, Anthony Johnson, and Michele Lee. 3. Pursuant to FRCP Rule 34(a), plaintiff acknowledges that these requests are limited to the scope of FRCP Rule 26(b) and request that when defendant is unable to produce certain documents because they fall outside of such scope, defendant will provide a brief explanation as to the reason why the documents fall outside the scope of the request.

Plaintiffâ&#x20AC;&#x2122;s RULE 26(a)(1)(A)(iv) FRCP Document Request

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4. If certain requests are duplicative of previous or other requests to which documents have already been produced, defendant need not reproduce such documents but is requested to notify plaintiff that such documents are among those already produced. 5. Pursuant to FRCP Rule 34(b)(2)(E), plaintiff requests that when defendant does produce the requested documents, including electronically stored information (ESI), defendant will produce copies of such documents or ESI as they are kept in the usual course of business or will organize and label them to correspond to the categories in the request. 6. Plaintiff requests that defendant make a good faith effort to produce any and all requested documents that are readily ascertainable from defendant. Definitions 7. “Agreement” and “Contract” means the understanding between defendant, and any, or all, of the other defendants named in this lawsuit, whether alleged or actual, oral or written, January 1, 2001 to date. 8.

The words “any” and “all” shall be read in the conjunctive and not in the disjunctive wherever they appear, and neither of these words shall be interpreted to limit the scope of a request. Furthermore, the use of a verb in any tense shall be construed as the use of the verb in all other tenses and the singular form shall be deemed to include the plural, and vice-versa. The singular form of any noun shall be deemed to include the plural, and vice-versa.

9. “Communication” and “communications” means any and all inquiries, discussions, conferences, conversations, negotiations, agreements, meetings, interviews, telephone conversations, letters correspondence, notes, telegrams, facsimiles, electronic mail (email), text messages, instant messages, video conferences, memoranda, documents,

Plaintiff’s RULE 26(a)(1)(A)(iv) FRCP Document Request

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writings, or other form of communications, including but not limited to both oral and written communications. 10. “Copies of” as set forth in the INSTRUCTIONS to this request means authentic duplicates of the originals as noted, kept, maintained, and organized by defendant in the ordinary course of business or his daily life. 11. “Defendant” means defendant The Elmwood Franklin School, et al. and all of its’ trustees, agents, officers, directors, partners, investors, members, subsidiaries, representatives,

employees,

servants,

consultants,

contractors,

subcontractors,

investigators, attorneys, and any other person or entities acting or purporting to act on behalf of the defendant The Elmwood Franklin School, et al. 12. “Discussion,” “discussions,” “discuss,” “mention,” “mentions,” “describe,” “describes,” “analyze,” or “analyzes” means any and all inquiries, conferences, conversations, negotiations, agreements or other forms or methods of oral communication or such dialogue sent via e-mail, text message, instant messages, facsimile, letter, telegram, or other written communications. 13. “Document,” “documents,” “internal communication,” “internal communications,” “record,” “records,” “written communication,” “written communications,” and “written correspondence” means all data, paper, and books, transcription, pictures, drawings or diagrams of every nature, whether transcribed by hand or some mechanical, electronic, photographic or other means, as well as sound reproduction of oral statements or conversations by whatever means made, including written papers or memoranda which summarizes oral conversations, whether in your actual or constructive possession or under your control or not, relating to or pertaining to or in any way to the subject matters

Plaintiff’s RULE 26(a)(1)(A)(iv) FRCP Document Request

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in connection which it is used and includes originals, all file copies, all other copies, no matter how prepared and all drafts prepared in connection with such writing, whether used or not. Including by way of illustration and not by way of limitation, the following: books; records; reports; contracts; agreements; video, audio and other electronic recordings; memoranda (including written memoranda of telephone conversations, other conversation, discussions, agreements, acts and activities); minutes, diaries; calendars; desk pads; scrapbooks; notes; notebooks; pamphlets; notice; statements; journals; postcards; letters; telegraphs; publications; inter and intra-office communications; photocopies; microfilm; maps; drawings; diagrams; sketches; analyses; transcripts; electronically stored information (ESI) and any other documents within defendants’ possession, custody or control from which information can be obtained or translated, if necessary, by detection devices into reasonably usable form, i.e. typed in English. 14. “Electronically stored information,” and “ESI” means any information on a computer operational system including accounting, financial, distribution, or manufacturing system; e-mail; instant messages; web pages; Twitter; Facebook pages; You Tube; text messages; cell phone data; Microsoft Excel spreadsheets and underlying formulae; metadata; computer databases (i.e., Microsoft Access); erased, fragmented or damaged data; Blackberry data; iPhone (all variations), iPad (all variations) data; and anything stored on computer or other electronic means located on or in, but not limited to cache memory; optical disks; flash drives; dvd disks; magnetic tape/back-up tapes; USB mass storage devices; magnetic disks (hard drive, floppy disks, etc.); PDAs, Blackberries and Palm Pilots; notebooks, notepads; tablets; cell phones; instant messaging tools; or thunderbolt drive.

Plaintiff’s RULE 26(a)(1)(A)(iv) FRCP Document Request

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15. The words “or” and “and” shall be read in the conjunctive and not in the disjunctive wherever they appear, and neither of these words shall be interpreted to limit the scope of a request. Furthermore, the use of a verb in any tense shall be construed as the use of the verb in all other tenses and the singular form shall be deemed to include the plural, and vice-versa. The singular form of any noun shall be deemed to include the plural, and vice-versa. 16. “Request,” and “Requests” mean and are limited to the requests set forth below under section labeled “Documents Requested” in this demand for production of documents.

Plaintiff’s RULE 26(a)(1)(A)(iv) FRCP Document Request

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RULE 26(a)(1)(A)(iv) FRCP Document Request 1. As mandated by Rule 26(a)(1)(A)(iv) FRCP, plaintiff requests a copy of any insurance agreement under which an insurance business may be liable to satisfy all or part of a possible judgment in this action or to indemnify or reimburse for payments made to satisfy judgment for each and every one of the following defendants: The Elmwood Franklin School, Andrew Deyell, Sarah Duddy, Alyssa Schwabe, Patti Scaffidi, Molly Clauss, Jenna Evaldi, Michele Kulpit, Michael Joseph, Alice Jacobs, Barry Heneghan, Catherine Beltz-Foley, Cyndi Burnett, Christopher Koch, Omar Kahn, Brian J. Lipke, Alon Kupferman, Kimisha Brown Houston, Cutler Greene, Arthur Glick, Keith Frome, Scott Friedman, Terri Rich, Peter Allen Weinmann, Nicholas B. Tzetzo, Sonja Siren, Robert Scott, Anthony Johnson, and Michele Lee. Request dated: April 5, 2018 -EndRespectfully, /s/ Shellonnee B. Chinn _______________________________ Shellonnee B. Chinn, Plaintiff

Joel C. Moore, Esq. Attorney for Defendant Buffalo Public Schools District

Plaintiffâ&#x20AC;&#x2122;s RULE 26(a)(1)(A)(iv) FRCP Document Request

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UNITED STATES DISTRCT COURT WESTERN DISTRICT OF NEW YORK _______________________________________ SHELLONNEE B. CHINN,

Docket No.: 15-cv-0938-FPG-JJM Plaintiff,

vs.

PLAINTIFFS’ FIRST REQUEST FOR PRODUCTION OF DOCUMENTS UPON DEFENDANTS THE ELMWOOD FRANKLIN SCHOOL, et al

THE ELMWOOD FRANKLIN SCHOOL, et al. Defendants. _______________________________________

PLAINTIFF’S FIRST REQUEST FOR PRODUCTION OF DOCUMENTS UPON DEFENDANT THE ELMWOOD FRANKLIN SCHOOL

To:

Defendants The Elmwood Franklin School, et al c/o Brendan P. Kelleher, Esq.

employees,

servants,

consultants,

contractors,

subcontractors,

investigators, attorneys, and any other person or entities acting or purporting to act on

Plaintiff’s First Request for Production of Documents Upon Defendants The Elmwood Franklin School, et al

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behalf of the defendant The Elmwood Franklin School, et al, (herein after all shall be “defendant”). 2. Pursuant to FRCP Rule 34(a), plaintiff acknowledges that these requests are limited to the scope of FRCP Rule 26(b) and request that when defendant is unable to produce certain documents because they fall outside of such scope, defendant will provide a brief explanation as to the reason why the documents fall outside the scope of the request. 3. If certain requests are duplicative of previous or other requests to which documents have already been produced, defendant need not reproduce such documents but is requested to notify plaintiff that such documents are among those already produced. 4. Pursuant to FRCP Rule 34(b)(2)(E), plaintiff requests that when defendant does produce the requested documents, including electronically stored information (ESI), defendant will produce copies of such documents or ESI as they are kept in the usual course of business or will organize and label them to correspond to the categories in the request. 5. Plaintiff requests that defendant make a good faith effort to produce any and all requested documents that are readily ascertainable from defendant. Definitions 6. “Agreement” and “Contract” means the understanding between defendant, and any, or all, of the other defendants named in this lawsuit, whether alleged or actual, oral or written, January 1, 2001 to date. 7.

Plaintiff’s First Request for Production of Documents Upon Defendants The Elmwood Franklin School, et al

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vice-versa. The singular form of any noun shall be deemed to include the plural, and viceversa. 8. “Communication” and “communications” means any and all inquiries, discussions, conferences, conversations, negotiations, agreements, meetings, interviews, telephone conversations, letters correspondence, notes, telegrams, facsimiles, electronic mail (email), text messages, instant messages, video conferences, memoranda, documents, writings, or other form of communications, including but not limited to both oral and written communications. 9. “Copies of” as set forth in the INSTRUCTIONS to this request means authentic duplicates of the originals as noted, kept, maintained, and organized by defendant in the ordinary course of business or his daily life. 10. “Defendant” means defendant The Elmwood Franklin School, et al. and all of its’ trustees, agents, officers, directors, partners, investors, members, subsidiaries, representatives, employees, servants, consultants, contractors, subcontractors, investigators, attorneys, and any other person or entities acting or purporting to act on behalf of the defendant The Elmwood Franklin School, et al. 11. “Discussion,” “discussions,” “discuss,” “mention,” “mentions,” “describe,” “describes,” “analyze,” or “analyzes” means any and all inquiries, conferences, conversations, negotiations, agreements or other forms or methods of oral communication or such dialogue sent via e-mail, text message, instant messages, facsimile, letter, telegram, or other written communications. 12. “Document,” “documents,” “internal communication,” “internal communications,” “record,” “records,” “written communication,” “written communications,” and “written

Plaintiff’s First Request for Production of Documents Upon Defendants The Elmwood Franklin School, et al

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correspondence” means all data, paper, and books, transcription, pictures, drawings or diagrams of every nature, whether transcribed by hand or some mechanical, electronic, photographic or other means, as well as sound reproduction of oral statements or conversations by whatever means made, including written papers or memoranda which summarizes oral conversations, whether in your actual or constructive possession or under your control or not, relating to or pertaining to or in any way to the subject matters in connection which it is used and includes originals, all file copies, all other copies, no matter how prepared and all drafts prepared in connection with such writing, whether used or not. Including by way of illustration and not by way of limitation, the following: books; records; reports; contracts; agreements; video, audio and other electronic recordings; memoranda (including written memoranda of telephone conversations, other conversation, discussions, agreements, acts and activities); minutes, diaries; calendars; desk pads; scrapbooks; notes; notebooks; pamphlets; notice; statements; journals; postcards; letters; telegraphs; publications; inter and intra-office communications; photocopies; microfilm; maps; drawings; diagrams; sketches; analyses; transcripts; electronically stored information (ESI) and any other documents within defendants’ possession, custody or control from which information can be obtained or translated, if necessary, by detection devices into reasonably usable form, i.e. typed in English. 13. “Electronically stored information,” and “ESI” means any information on a computer operational system including accounting, financial, distribution, or manufacturing system; e-mail; instant messages; web pages; Twitter; Facebook pages; You Tube; text messages; cell phone data; Microsoft Excel spreadsheets and underlying formulae; metadata; computer databases (i.e., Microsoft Access); erased, fragmented or damaged data;

Plaintiff’s First Request for Production of Documents Upon Defendants The Elmwood Franklin School, et al

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Blackberry data; iPhone (all variations), iPad (all variations) data; and anything stored on computer or other electronic means located on or in, but not limited to cache memory; optical disks; flash drives; dvd disks; magnetic tape/back-up tapes; USB mass storage devices; magnetic disks (hard drive, floppy disks, etc.); PDAs, Blackberries and Palm Pilots; notebooks, notepads; tablets; cell phones; instant messaging tools; or thunderbolt drive. 14. The words “or” and “and” shall be read in the conjunctive and not in the disjunctive wherever they appear, and neither of these words shall be interpreted to limit the scope of a request. Furthermore, the use of a verb in any tense shall be construed as the use of the verb in all other tenses and the singular form shall be deemed to include the plural, and vice-versa. The singular form of any noun shall be deemed to include the plural, and viceversa. 15. “Request,” and “Requests” mean and are limited to the requests set forth below under section labeled “Documents Requested” in this demand for production of documents.

Plaintiff’s First Request for Production of Documents Upon Defendants The Elmwood Franklin School, et al

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Documents Requested Request #1: A copy of complete employee file or record of any and all employee(s) (including Sarah Duddy who was terminated and reinstated) of The Elmwood Franklin School whose employment at The Elmwood Franklin School ended, for any reason, between September 1, 2012 and April 1, 2018. Request #2: A copy of minutes of staff meetings of the administrative team/staff of The Elmwood Franklin School (usually held mornings/weekly) from September 1, 2012 to April 1, 2018. Request #3: Copy of resume, or other listing, of complete educational history and employment history of each of the following: Andrew Deyell, Sarah Duddy, Alyssa Schwabe, Patti Scaffidi, Molly Clauss, Jenna Evaldi, Michele Kulpit, Michael Joseph, Alice Jacobs, Barry Heneghan, Catherine Beltz-Foley, Cyndi Burnett, Christopher Koch, Omar Kahn, Brian J. Lipke, Alon Kupferman, Kimisha Brown Houston, Cutler Greene, Arthur Glick, Keith Frome, Scott Friedman, Terri Rich, Peter Allen Weinmann, Nicholas B. Tzetzo, Sonja Siren, Robert Scott, Anthony Johnson, and Michele Lee.

Request dated: April 5, 2018 -EndRespectfully, /s/ Shellonnee B. Chinn _______________________________ Shellonnee B. Chinn, Plaintiff

Plaintiffâ&#x20AC;&#x2122;s First Request for Production of Documents Upon Defendants The Elmwood Franklin School, et al

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Phone: (716) 316-9312

Joel C. Moore, Esq.

Plaintiffâ&#x20AC;&#x2122;s First Request for Production of Documents Upon Defendants The Elmwood Franklin School, et al

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UNITED STATES DISTRCT COURT WESTERN DISTRICT OF NEW YORK _______________________________________ SHELLONNEE B. CHINN, PLAINTIFFS’ SECOND REQUEST FOR PRODUCTION OF DOCUMENTS UPON DEFENDANTS THE ELMWOOD FRANKLIN SCHOOL, et al

Plaintiff, vs.

Docket No.: 15-cv-0938-FPG-JJM

THE ELMWOOD FRANKLIN SCHOOL, et al. Defendants. _______________________________________

PLAINTIFF’S SECOND REQUEST FOR PRODUCTION OF DOCUMENTS UPON DEFENDANT THE ELMWOOD FRANKLIN SCHOOL, et al

To:

Defendants The Elmwood Franklin School, et al c/o Brendan P. Kelleher, Esq.

Dated: April 7, 2018 Instructions 1. Pursuant to Rule 34 of the Federal Rules (FRCP), plaintiff Shellonnee B. Chinn submits the following request for production of documents upon defendant The Elmwood Franklin School, et al, all of its’ trustees, agents, officers, partners, investors, directors, members, representatives,

employees,

servants,

consultants,

contractors,

subcontractors,

investigators, attorneys, and any other person or entities acting or purporting to act on

Plaintiff’s Second Request for Production of Documents Upon Defendants The Elmwood Franklin School, et al

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Plaintiff’s Second Request for Production of Documents Upon Defendants The Elmwood Franklin School, et al

Page 2

Plaintiff’s Second Request for Production of Documents Upon Defendants The Elmwood Franklin School, et al

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Plaintiff’s Second Request for Production of Documents Upon Defendants The Elmwood Franklin School, et al

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Plaintiff’s Second Request for Production of Documents Upon Defendants The Elmwood Franklin School, et al

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Documents Requested Request #1: A copy of complete employee file of every person employed at the Defendant Elmwood Franklin School, including salary histories, from January 1, 2013 to April 1, 2018. (This request does not include those Defendant Elmwood Franklin School employees whose employee records have been requested under Request #1 of Document Request dated April 5, 2018.) Request #2: A copy of all minutes, notes, or correspondences of Elmwood Franklin School Board of Trustees meetings, including any minutes or notes of Executive Session meetings or committee meetings or sub-committee meetings, held between September 1, 2012 and April 1, 2018. Request #3: A copy of annual student/parent/school handbook from January 1, 2001 to April 1, 2018. Request #4: A copy of employee manual or handbook of Defendant Elmwood Franklin School, with any amendments, governing from September 1, 2001 to April 1, 2018. Request #5: A copy of annual tax returns, including all schedules, for Defendant Elmwood Franklin School for tax periods 2012 to 2017. Request #6: A copy of any letter, complaint, request for information or other communication from any local, state or federal government agency inquiring or investigating compliance, or possible violation of, any local, state or federal law, rule, or regulation.

Request dated: April 7, 2018 -End-

Plaintiffâ&#x20AC;&#x2122;s Second Request for Production of Documents Upon Defendants The Elmwood Franklin School, et al

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Respectfully, /s/ Shellonnee B. Chinn _______________________________ Shellonnee B. Chinn, Plaintiff

Joel C. Moore, Esq. Attorney for Defendant Buffalo Public Schools District

Plaintiffâ&#x20AC;&#x2122;s Second Request for Production of Documents Upon Defendants The Elmwood Franklin School, et al

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UNITED STATES DISTRCT COURT WESTERN DISTRICT OF NEW YORK _______________________________________ SHELLONNEE B. CHINN, PLAINTIFFS’ THIRD REQUEST FOR PRODUCTION OF DOCUMENTS UPON DEFENDANTS THE ELMWOOD FRANKLIN SCHOOL, et al

Plaintiff, vs.

Docket No.: 15-cv-0938-FPG-JJM

THE ELMWOOD FRANKLIN SCHOOL, et al. Defendants. _______________________________________

PLAINTIFF’S THIRD REQUEST FOR PRODUCTION OF DOCUMENTS UPON DEFENDANT THE ELMWOOD FRANKLIN SCHOOL, et al

To:

Defendants The Elmwood Franklin School, et al c/o Brendan P. Kelleher, Esq.

Dated: April 9, 2018 Instructions 1. Pursuant to Rule 34 of the Federal Rules (FRCP), plaintiff Shellonnee B. Chinn submits the following request for production of documents upon defendant The Elmwood Franklin School, et al, all of its’ trustees, agents, officers, partners, investors, directors, members, representatives,

employees,

servants,

consultants,

contractors,

subcontractors,

investigators, attorneys, and any other person or entities acting or purporting to act on

Plaintiff’s Third Request for Production of Documents Upon Defendants The Elmwood Franklin School, et al

Page 1

Plaintiff’s Third Request for Production of Documents Upon Defendants The Elmwood Franklin School, et al

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Plaintiff’s Third Request for Production of Documents Upon Defendants The Elmwood Franklin School, et al

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Plaintiff’s Third Request for Production of Documents Upon Defendants The Elmwood Franklin School, et al

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Plaintiff’s Third Request for Production of Documents Upon Defendants The Elmwood Franklin School, et al

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Documents Requested

Request #1: A copy of ELA and Math assessment test scores (for Fall and Spring exams) for each and every student enrolled in Prep I to 8th grade at the Defendant Elmwood Franklin School for tests administered between September 1, 2011 and April 1, 2018, with the name of student and regardless of current enrollment status of student. Request #2: A copy of ERB scores for each and every student enrolled in grades 3 to 8 at the Defendant Elmwood Franklin School for tests administered between September 1, 2011 and April 1, 2018, with the name of student and regardless of current enrollment of student. Request #3: A list of any other diagnostic test(s) administered at Defendant Elmwood Franklin School between September 1, 2011 and April 1, 2018 to students enrolled in Prep I to 8th grade.

Request dated: April 9, 2018 -EndRespectfully, /s/ Shellonnee B. Chinn _______________________________ Shellonnee B. Chinn, Plaintiff

Plaintiffâ&#x20AC;&#x2122;s Third Request for Production of Documents Upon Defendants The Elmwood Franklin School, et al

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Joel C. Moore, Esq. Attorney for Defendant Buffalo Public Schools District

Plaintiffâ&#x20AC;&#x2122;s Third Request for Production of Documents Upon Defendants The Elmwood Franklin School, et al

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UNITED STATES DISTRCT COURT WESTERN DISTRICT OF NEW YORK _______________________________________ SHELLONNEE B. CHINN,

Docket No.: 15-cv-0938-FPG-JJM Plaintiff,

vs.

THE ELMWOOD FRANKLIN SCHOOL, et al.

PLAINTIFFS’ FIRST REQUEST FOR PRODUCTION OF DOCUMENTS UPON DEFENDANT BUFFALO PUBLIC SCHOOLS DISTRICT.

Defendants. _______________________________________

PLAINTIFF’S FIRST REQUEST FOR PRODUCTION OF DOCUMENTS UPON DEFENDANT BUFFALO PUBLIC SCHOOLS DISTRICT

To:

Defendant Buffalo Public Schools District Joel C. Moore, Esq. Attorney for Defendant Buffalo Public Schools District

Dated: April 5, 2018 Instructions 1. Pursuant to Rule 34 of the Federal Rules (FRCP), plaintiff Shellonnee B. Chinn submits the following request for production of documents upon defendant Buffalo Public Schools District, all of its’ trustees, agents, officers, partners, investors, directors, members, representatives, employees, servants, consultants, contractors, subcontractors, investigators, attorneys, and any other person or entities acting or purporting to act on Plaintiff’s First Request for Production of Documents Upon Defendant Buffalo Public Schools District.

Page 1

behalf of the defendant Buffalo Public Schools District, (herein after all shall be “defendant” or “defendants”). 2. Pursuant to FRCP Rule 34(a), plaintiff acknowledges that these requests are limited to the scope of FRCP Rule 26(b) and request that when defendant is unable to produce certain documents because they fall outside of such scope, defendant will provide a brief explanation as to the reason why the documents fall outside the scope of the request. 3. If certain requests are duplicative of previous or other requests to which documents have already been produced, defendant need not reproduce such documents but is requested to notify plaintiff that such documents are among those already produced. 4. Pursuant to FRCP Rule 34(b)(2)(E), plaintiff requests that when defendant does produce the requested documents, including electronically stored information (ESI), defendant will produce copies of such documents or ESI as they are kept in the usual course of business or will organize and label them to correspond to the categories in the request. 5. Plaintiff requests that defendant make a good faith effort to produce any and all requested documents that are readily ascertainable from defendant. Definitions 6. “Agreement” and “Contract” means the understanding between defendant, and any, or all, of the other defendants named in this lawsuit, whether alleged or actual, oral or written, January 1, 2001 to date. 7.

Plaintiff’s First Request for Production of Documents Upon Defendant Buffalo Public Schools District.

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vice-versa. The singular form of any noun shall be deemed to include the plural, and vice-versa. 8. “Communication” and “communications” means any and all inquiries, discussions, conferences, conversations, negotiations, agreements, meetings, interviews, telephone conversations, letters correspondence, notes, telegrams, facsimiles, electronic mail (email), text messages, instant messages, video conferences, memoranda, documents, writings, or other form of communications, including but not limited to both oral and written communications. 9. “Copies of” as set forth in the INSTRUCTIONS to this request means authentic duplicates of the originals as noted, kept, maintained, and organized by defendant in the ordinary course of business or his daily life. 10. “Defendant” means defendant Buffalo Public Schools District, and all of its’ trustees, agents, officers, directors, partners, investors, members, subsidiaries, representatives, employees, servants, consultants, contractors, subcontractors, investigators, attorneys, and any other person or entities acting or purporting to act on behalf of the defendant Buffalo Public Schools District. 11. “Discussion,” “discussions,” “discuss,” “mention,” “mentions,” “describe,” “describes,” “analyze,” or “analyzes” means any and all inquiries, conferences, conversations, negotiations, agreements or other forms or methods of oral communication or such dialogue sent via e-mail, text message, instant messages, facsimile, letter, telegram, or other written communications. 12. “Document,” “documents,” “internal communication,” “internal communications,” “record,” “records,” “written communication,” “written communications,” and “written

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data; Blackberry data; iPhone (all variations), iPad (all variations) data; and anything stored on computer or other electronic means located on or in, but not limited to cache memory; optical disks; flash drives; dvd disks; magnetic tape/back-up tapes; USB mass storage devices; magnetic disks (hard drive, floppy disks, etc.); PDAs, Blackberries and Palm Pilots; notebooks, notepads; tablets; cell phones; instant messaging tools; or thunderbolt drive. 14. The words “or” and “and” shall be read in the conjunctive and not in the disjunctive wherever they appear, and neither of these words shall be interpreted to limit the scope of a request. Furthermore, the use of a verb in any tense shall be construed as the use of the verb in all other tenses and the singular form shall be deemed to include the plural, and vice-versa. The singular form of any noun shall be deemed to include the plural, and vice-versa. 15. “Request,” and “Requests” mean and are limited to the requests set forth below under section labeled “Documents Requested” in this demand for production of documents.

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Documents Requested Request #1: A copy of records of U.S. Department of Education, Title I, II and III funds allocated and dispersed between September 1, 2012 and April 1, 2018. Request #2: A copy of minutes of Board of Education meetings, including minutes of meeting conducted within executive session, from September 1, 2014 to April 1, 2018. Request #3: A copy of all communication between the Buffalo Public Schools District and the U.S. Department of Education/Office of Civil Rights regarding Resolution Agreement Number 02-14-1077, including reports and remedial plans. Request dated: April 5, 2018 -EndRespectfully, /s/ Shellonnee B. Chinn _______________________________ Shellonnee B. Chinn, Plaintiff

Brendan P. Kelleher, Esq. Harris Beach, L.L.P.

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UNITED STATES DISTRCT COURT WESTERN DISTRICT OF NEW YORK _______________________________________ SHELLONNEE B. CHINN,

PLAINTIFFS’ SECOND REQUEST FOR PRODUCTION OF DOCUMENTS UPON DEFENDANT BUFFALO PUBLIC SCHOOLS DISTRICT.

Plaintiff, vs.

Docket No.: 15-cv-0938-FPG-JJM

THE ELMWOOD FRANKLIN SCHOOL, et al. Defendants. _______________________________________

PLAINTIFF’S SECOND REQUEST FOR PRODUCTION OF DOCUMENTS UPON DEFENDANT BUFFALO PUBLIC SCHOOLS DISTRICT

To:

Defendant Buffalo Public Schools District Joel C. Moore, Esq. Attorney for Defendant Buffalo Public Schools District

Dated: April 9, 2018 Instructions 1. Pursuant to Rule 34 of the Federal Rules (FRCP), plaintiff Shellonnee B. Chinn submits the following request for production of documents upon defendant Buffalo Public Schools District, all of its’ trustees, agents, officers, partners, investors, directors, members, representatives,

employees,

servants,

consultants,

contractors,

subcontractors,

investigators, attorneys, and any other person or entities acting or purporting to act on Plaintiff’s Second Request for Production of Documents Upon Defendant Buffalo Public Schools District.

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Plaintiff’s Second Request for Production of Documents Upon Defendant Buffalo Public Schools District.

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vice-versa. The singular form of any noun shall be deemed to include the plural, and viceversa. 8. “Communication” and “communications” means any and all inquiries, discussions, conferences, conversations, negotiations, agreements, meetings, interviews, telephone conversations, letters correspondence, notes, telegrams, facsimiles, electronic mail (email), text messages, instant messages, video conferences, memoranda, documents, writings, or other form of communications, including but not limited to both oral and written communications. 9. “Copies of” as set forth in the INSTRUCTIONS to this request means authentic duplicates of the originals as noted, kept, maintained, and organized by defendant in the ordinary course of business or his daily life. 10. “Defendant” means defendant Buffalo Public Schools District, and all of its’ trustees, agents, officers, directors, partners, investors, members, subsidiaries, representatives, employees, servants, consultants, contractors, subcontractors, investigators, attorneys, and any other person or entities acting or purporting to act on behalf of the defendant Buffalo Public Schools District. 11. “Discussion,” “discussions,” “discuss,” “mention,” “mentions,” “describe,” “describes,” “analyze,” or “analyzes” means any and all inquiries, conferences, conversations, negotiations, agreements or other forms or methods of oral communication or such dialogue sent via e-mail, text message, instant messages, facsimile, letter, telegram, or other written communications. 12. “Document,” “documents,” “internal communication,” “internal communications,” “record,” “records,” “written communication,” “written communications,” and “written

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Documents Requested Request #1: A copy of any complaint, civil action, or report filed within the Buffalo Public Schools District or with any local, state or federal agency, by any organization or employee or former employee, independent contractor or contractor alleging discrimination or disparate treatment because of race, sex or gender or age between September 1, 2012 and April 1, 2018. Request #2: A copy of any complaint, civil action, or report filed within the Buffalo Public Schools District or with any local, state or federal agency, by any student or parent of a student of BPS, alleging discrimination or disparate treatment because of race, sex or gender or age between September 1, 2012 to April 1, 2018. Request #3: A list of Members of the Buffalo School Board, as the Buffalo School Board was constituted in each year from January 1, 2001 to April 1, 2018, delineated by year.

Request dated: April 9, 2018 -EndRespectfully, /s/ Shellonnee B. Chinn _______________________________ Shellonnee B. Chinn, Plaintiff

Brendan P. Kelleher, Esq. Harris Beach, L.L.P.

Plaintiffâ&#x20AC;&#x2122;s Second Request for Production of Documents Upon Defendant Buffalo Public Schools District.

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