Case 1:19-cv-20204-UU Document 40 Entered on FLSD Docket 06/13/2019 Page 1 of 5

UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF FLORIDA

JANE DOE, by and through

Her mother and next friend, MARY DOE,

Plaintiff.

v. CASE NO. 1:19-cv-20204-UU

THE SCHOOL BOARD OF MIAMI DADE COUNTY,

et al.,

Defendant.
_____________________________/

OBJECTION TO SUBPOENA TO PRODUCE DOCUMENTS, ETC. AND

MOTION TO QUASH SUBPOENA

COMES NOW, KATHERINE FERNANDEZ RUNDLE, State Attorney of the

Eleventh Judicial Circuit of Florida, by and through the undersigned Assistant State

Attorney, pursuant to Federal Rule of Civil Procedure 45(c), and respectfully objects to the

Subpoena to Produce Records in the Above Styled Civil Action issued on May 29, 2019,

and received on June 11, 2019, to and by the Records Custodian for the Office of the State

Attorney, and further requests an order quashing the subpoena and as grounds therefore

states as follows:

1. The Records Custodian for the Office of the State Attorney (hereinafter

referred to as “the State Attorney’s Office”) has been subpoenaed to produce for the

attorney for the Defendant the following documents: “Your entire file pertaining to the

below-named Plaintiff related to the investigation of alleged sexual encounters at Miami

Carol City Senior High School on or about October 26, 2017 through and

including November 6, 2017, including but not limited to all investigative documents,
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witness statements, internal investigation reports and records, administrative records,

recordings, correspondence, police reports and records, statements from all students,

teachers, safety and security officers, parents or other interested parties, emails, text

messages, social media search results, academic records, including grades, attendance, test

scores, disciplinary actions or other documents evidencing student(s) involved in

this investigation, sworn affidavits, incident reports, supplemental reports, receipts for any

property used in the course of the investigation, timelines, forensic examinations from any

medical provider or service as to the medical condition of the plaintiff, medical or hospital

records, photographs, notes, questionnaires, evaluations, psychological or psychiatric

notes, consultations, mental health evaluations and any other records obtained in the course

of the investigation of Jane Doe, date of birth 8/7/2003, social security number xxx-xx-

8287.” The State Attorney had been ordered to comply on within 10 days after the date of

service.

2. Federal Rule of Civil Procedure 45(c)(2)(B) permits a person commanded

to produce documents to object to the production of the documents. Furthermore, Rule

45(c)(3) provides for the Court to issue an order quashing or modifying a subpoena under

certain circumstances.

3. The State Attorney’s Office asserts that the subpoena requesting the

production of the entire investigative file requested falls under those circumstances

requiring the quashing or modifying of the subpoena as it seeks confidential records, the

disclosure of which would violated Florida Statutes §985.04, and requests that this Court

quash the subpoena for production.

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4. Upon receipt of this Subpoena, the undersigned contacted counsel for

Defendant advising them that the records requested were confidential pursuant to Fla. Stat.

§985.04 and advising same that we could only produce same with a Court Order. Counsel

for Defendant advised the undersigned that she would need to move to Quash the

Subpoena.

5. In this case, the materials sought relate to an investigation relating to

allegations that a juvenile had sexual encounters with several juveniles on school grounds.

All the materials in the State Attorney’s Office investigative file were obtained by Assistant

State Attorneys under Chapter 985 in discharge of their official duties.

6. Federal Rule of Civil Procedure 45(c)(3)(A)(iii) allows this Court to quash

or modify a subpoena that “requires disclosure of privileged or other protected matter, if

no exception or waiver applies.” In this case the material requested is not subject to

disclosure as being protected matter under the Juvenile Justice Act. Florida Statutes

§985.04 clearly states that confidential juvenile records may be disclosed solely to

authorized personnel of the court, the department or its designees, the Department of

Corrections, the Florida Commission on Offender Review, law enforcement agents, school

superintendents and their designees, any licensed professional or licensed community

agency representative participating in the assessment or treatment of a juvenile, and others

entitled under Chapter 985 to receive this information, or upon a court order.

5. If this Court determines that some of the material should be provided at this

time pursuant to the subpoena, the State Attorney’s Office would request that this Court

enter a confidentiality order which would require the parties not to provide that material to

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anyone outside of their respective law offices and only for use for discovery purposes in

this litigation.

WHEREFORE, based upon the foregoing reasons and authorities cited herein,

KATHERINE FERNANDEZ RUNDLE, State Attorney of the Eleventh Judicial Circuit of

Florida, respectfully requests that an order quashing or modifying the subpoena issued to

her on May 20, 2013, in the above-styled cause be issued.

Respectfully submitted,

KATHERINE FERNANDEZ RUNDLE

STATE ATTORNEY

BY: BY: s/Lorna Salomon

LORNA SALOMON
Assistant State Attorney
Florida 104035
State Attorney’s Office
1350 N.W. 12th Avenue
Miami, Florida 33136-2111
(305) 547-0100
LornaSalomon@MiamiSAO.com
FelonyService@MiamiSAO.com

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that on this __th day of June, 2019, I electronically filed the
foregoing with the Clerk of the Court by using the CM/ECF system which will send a notice
of electronic filing to the following: Jerry D. Hamilton, Esq., JHamilton@hamiltonlaw.com,
and Schuyler A. Smith, Esq., SSmith@hamiltonlaw.com, HAMILTON MILLER &
BIRTHISEL, LLP,150 Southeast Second Avenue, Suite 1200, Miami, Florida 33131 Tel
No.: (305) 379-3686 Fax No.: (305) 379-3690,

BY: s/Lorna Salomon

LORNA SALOMON
Assistant State Attorney
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