Case 2:14-cv-01762-TSZ Document 9 Filed 11/21/14 Page 1 of 5

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UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WASHINGTON
SEATTLE DIVISION

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MICHAEL LEAL,

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Plaintiff,

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vs.

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EVERETT PUBLIC SCHOOLS, GARY

COHN, in his individual and official capacities
as Superintendent of Everett Public Schools,
CATHY WOODS, in her individual and
official capacities as Principal of Cascade High
School, LAURA PHILLIPS, in her individual
and official capacities as Assistant Principal of
Cascade High School, ROBERT AGUILAR,
in his individual and official capacities as
Assistant Principal of Cascade High School,
and DOES 1 THRU 100,

Case No. 2:14-cv-01762-TSZ

DECLARATION OF KEVIN SNIDER RE
CONFERRING WITH OPPOSING COUNSEL
AND SERVICE
[42 U.S.C. 1983]

Defendants.

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-1Declaration of Kevin Snider - Case No. 2:14-cv-01762-TSZ

PACIFIC JUSTICE INSTITUTE
P.O. Box 276600
Sacramento, CA 95827
(916) 857-6900

Case 2:14-cv-01762-TSZ Document 9 Filed 11/21/14 Page 2 of 5

I, Kevin Snider, hereby declare, that I one of the attorneys for the named plaintiff, Michael Leal,
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in the above-encaptioned action, and that if called upon, I could, and would, truthfully testify of my
own personal knowledge as follows:
1.

I wrote the letter in the Verified Complaint which is marked as Exhibit C and was

dispatched by e-mail to the individually named Defendants on October 10, 2014.

2.

On October 14, 2014, I received a telephone call from counsel for the Defendants,

Michael Patterson, informing me that he had read my letter but was out of town and is having

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information from the school collected for him.
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3.

On October 17, 2014, I received an e-mail from another attorney for the Defendants,

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Sarah Heineman, who wrote as follows: Kevin I am working with Mike Patterson on this

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matter. We have obtained some information from the District and I am going to the school on Monday

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to conduct interviews (not of your client, of course). We anticipate providing you with a written

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response sometime next week. Thank you. [s/]

4.

On October 27, 2014, I received a written response from Defendants through their

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attorneys which appears in full, with enclosures, as Exhibit D in the Verified Complaint.
5.

I spoke by telephone, at some point, with Ms. Heineman about the situation involving

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our respective clients. Though I do not remember the date of our conversation, it took place after

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receipt of the above-described letter from the Defendants lawyers and before the filing of the Verified

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Complaint.

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6.

The day after the Verified Complaint was filed, I called and left messages for Mr.

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Patterson and Ms. Heineman. Mr. Patterson was unavailable because he is in trial this week and Ms.
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Heineman was tied up in meetings.

7.

Yesterday I received a call from the firm representing the Defendants in which they

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-2Declaration of Kevin Snider - Case No. 2:14-cv-01762-TSZ

PACIFIC JUSTICE INSTITUTE
P.O. Box 276600
Sacramento, CA 95827
(916) 857-6900

Case 2:14-cv-01762-TSZ Document 9 Filed 11/21/14 Page 3 of 5

agreed to accept service of the Verified Complaint. That document, along with all exhibits and the civil
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coversheet, was e-mailed shortly thereafter to opposing counsel.

8.

As per a prescheduled appointment, at around 1:00 p.m. my call was returned by Ms.

Heineman and I informed her that a request for a temporary restraining order would be filed unless the

parties could agree that the literature distribution rule (Everett Public Schools Board Procedure 3222P)

would not be enforced against my client. Later that day I followed up with an e-mail memorializing the

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proposal as follows:
Dear Ms. Heineman,

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Thank you for calling me back today.

As I related this afternoon, absent an agreement between the parties, our office is
planning to file an application for a temporary restraining order regarding the leafletting
rule (BP 3222P). The application would be based on the following.

A facial challenge to a school rule that (1) prohibits students from distributing
literature that has not been written by a student and (2) restricts distribution to before
and after school at the schoolhouse entrance/exits

Michael Leal has been suspended 3 times and is in imminent danger of further
suspension orexpulsion

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Our office would stipulate not to file the TRO if school officials will agree not to
enforce BP 3222P as against my client until a motion can be heard on a preliminary
injunction. We would agree to file the PI within a week of the stipulation. As to the
timing of a hearing on a motion, local rules read: Motions...seeking a preliminary
injunction...shall be noted for consideration on a date no earlier than the fourth
Friday after filing and service of the motion. LRC 7. Hence, if our office filed a PI
motion next week, it would likely be heard on the Friday after Winter break.

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Please relate this to your clients and let me know whether they are inclined to agree to a
stipulation as described above.

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Warmest regards, [s/]

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9.

Ms. Heineman responded early that evening as follows:

Kevin,

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-3Declaration of Kevin Snider - Case No. 2:14-cv-01762-TSZ

PACIFIC JUSTICE INSTITUTE
P.O. Box 276600
Sacramento, CA 95827
(916) 857-6900

Case 2:14-cv-01762-TSZ Document 9 Filed 11/21/14 Page 4 of 5

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I discussed your request below that the District not enforce Procedure 3222P as to
Michael Leal until the time of a preliminary injunction hearing on this matter. Because
the law does not allow the District to make exceptions to its policies for particular
students and not others, it is not able to accommodate this request. As you noted in our
discussion, due to the upcoming school holidays, there is a relatively short period of
time in which this would be an issue before a preliminary injunction hearing could be
held. For that reason, it appears that a Motion for Preliminary Injunction may be more
appropriate at this time than seeking a TRO. We understand that you may disagree with
us on that point, and we will file a response to any request for TRO.
In addition, it was brought to my attention that someone representing himself as
Michaels attorney came to Cascade High School today looking for him. Because this
individual is not Michaels parent or guardian or otherwise listed as a contact for
Michael, the school appropriately did not assist him in locating Michael. This is a
student safety issue and should you need additional explanation, please let me know.

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Thank you. [s/]

10.

Prior to filing the papers in support of the TRO and preliminary injunction, I served by

e-mail to opposing counsel, whose contact information is listed below, the documents listed below:

PLAINTIFFS NOTICE OF MOTION AND MOTION FOR

TEMPORARY RESTRAINING ORDER AND PRELIMINARY
INJUNCTION; MEMORANDUM OF POINTS AND AUTHORITIES IN
SUPPORT OF MOTION FOR TEMPORARY RESTRAINING ORDER
AND PRELIMINARY INJUNCTION

DECLARATION OF MICHAEL LEAL IN SUPPORT OF TEMPROARY

RESTRAINING ORDER AND PRELIMINARY INJUNCTION

DECLARATION OF KEVIN SNIDER RE CONFERRING WITH

OPPOSING COUNSEL AND SERVICE

[PROPOSED] ORDER GRANTING PLAINTIFFS MOTION FOR

TEMPORARY RESTRAINING ORDER

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Sarah E. Heineman, WSBA 33107

Michael A. Patterson, WSBA 7976
Of Attorneys for Defendants
2112 Third Avenue, Suite 500
Seattle, WA 98121
seh@pattersonbuchanan.com
map@pattersonbuchanan.com
(206) 462-6700
I declare under penalty of perjury, under the laws of the United States and the States of

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-4Declaration of Kevin Snider - Case No. 2:14-cv-01762-TSZ

PACIFIC JUSTICE INSTITUTE
P.O. Box 276600
Sacramento, CA 95827
(916) 857-6900

Case 2:14-cv-01762-TSZ Document 9 Filed 11/21/14 Page 5 of 5

Washington and California, that the foregoing is true and correct to my own personal knowledge.
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Executed this 21st day of November, 2014, in the County of Sacramento, City of Sacramento, State of
California.

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s/Kevin Snider _________________________

Kevin T. Snider, Declarant

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-5Declaration of Kevin Snider - Case No. 2:14-cv-01762-TSZ

PACIFIC JUSTICE INSTITUTE
P.O. Box 276600
Sacramento, CA 95827
(916) 857-6900