Free Pretrial Order - District Court of Colorado - Colorado

Case 1:01-cv-00384-JLK-CBS

Document 116

Filed 04/28/2006

Page 1 of 29

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 01-cv-0384-JLK-CBS STEVEN H. GLAESER, Plaintiff, v. SIERRA MARCELLA PETERS Defendants. PRETRIAL ORDER 1. DATE AND APPEARANCES The pretrial conference was held on March 20, 2006. The parties appeared as follows: Steven H. Glaeser, plaintiff, appeared pro se. Sierra M. Peters, defendant, appeared by counsel: Joseph F. Bennett 108 E. St. Vrain St., Suite 20 Colorado Springs, CO 80903 2. JURISDICTION This case was initially filed in state court and was removed to the United States District Court pursuant to 42 U.S.C. § 1441 based on the existence of a federal question. 42 U.S.C. § 1331. The court has supplemental jurisdiction over the remaining state law claim pursuant to 28 U.S.C. § 1367. 3. CLAIMS AND DEFENSES

Case 1:01-cv-00384-JLK-CBS

Document 116

Filed 04/28/2006

Page 2 of 29

a.

Plaintiff'statement: s

The Plaintiff, Steve Glaeser, claims that Defendant Sierra Peters defamed, libeled and slandered him during the 1998-1999 school year while she was a student in two of his classes at Pine Creek High School in Academy School District 20. The Plaintiff further claims that Defendant Sierra Peters fabricated accusations of sexual harassment and misconduct in order to " Mr. Glaeser in get trouble" with school officials, obtain a different teacher and ultimately extort a higher grade from the school system. In the course of the defamation, Defendant Sierra Peters intentionally published or caused to be published or disseminate statements, verbally or by written instrument, that tended to impeach the honesty, integrity, virtue or reputation of the Plaintiff and expose him to public hatred, contempt and/or ridicule as prohibited by Colorado Revised Statutes 18-13-105. The Plaintiff further claims that these statements were understood by one or more persons to be about the Plaintiff, that the statements were libelous and slanderous per se. Plaintiff'compensable injury is presumed if the defamatory s statement falls within a category of libel per se. See Weldy v. Piedmont Airlines, Inc., 985 F. 2d 57, 61-62 (2d Cir. 1993) (citing Liberman v. Gelstein, 80 N.Y. 2d 429, 605 N.E. 2d 344, 347-348, 590 N.Y. S. 2d 857, 860-61 (N.Y. 1992).

Case 1:01-cv-00384-JLK-CBS

Document 116

Filed 04/28/2006

Page 3 of 29

(statements " charging plaintiff with a serious crime" " tend to injure or that another in his or her trade or business or profession" slander per se)). A are written statement that " charges a person with the commission of a crime" or " tends to disparage a person in the way of his office profession or trade" libel is

per se. Zeevi v. Union Bank of Switz., 1993 U.S. Dist. LEXIS 5760, No. 89 Civ.
4637, 1993 WL 14871, at *4(S.D.N.Y. April 30, 1993) (citations omitted). Additionally, the Plaintiff claims that the Defendant Sierra Peters abused any qualified privilege by wide circulation, and malice. See Bearman v. People, 91 Colo. 486, 16 P. 2d 425, 494 P. 2d 1287 (1972). The Plaintiff further claims that Defendant Sierra Peters conspired with other students to commit libel and slander against the Plaintiff, giving rise to repetition qualifying for exemplary damages. Plaintiff was at all times relevant hereto, a private person, employed by Academy School District 20 as a teacher. Colorado Revised Statutes (C.R.S.) deem teachers to be employees, not public figures. See C.R.S. 22-12-103 (2). The Colorado Legislature had further clarified its intent to classify teachers as employees, rather than public figures, by separating employees from elected or appointed " public figures" especially where accusations against school personnel are made. See C.R.S. 22-12-105 (4).

Plaintiff further assets that he was a private citizen because he was not an elected official or in a policy-making, advice-giving, confidential, or politically

Case 1:01-cv-00384-JLK-CBS

Document 116

Filed 04/28/2006

Page 4 of 29

affiliated position, nor was he in control of " lines of communication" budgetary or discretion that would have placed him in a category of " public figure" consistent with Elrod/Branti categorical exceptions. See Hager v. Pike County Board of Education, et.al., 286 F.3d 366, 2002 U.S. App. LEXIS 6198; 18 I.E.R. Cas. (BNA) 1105 and Justice v. Pike County Board of Education, et.al., 348 F. 3d 554, 2003 U.S. App. LEXIS 22631; 2003 FED App. 0392P (6th Cir.); 14 Am. Disabilities Cas. (BNA) 1761. Finally, the Plaintiff asserts that he was a private citizen because he was not among the hierarchy of government employees who have, or appear to the public to have, substantial responsibility for or control over the conduct of governmental affairs as required by Rosenblatt v. Baier, 383 U.S. 85,85 (1966). Plaintiff seeks monetary damages from the Defendant Sierra Peters for lost income, direct costs, benefits, future income, retirement, emotional pain and suffering, loss of his reputation as a teacher and stage director, embarrassment and humiliation, statutory interest from date of occurrence, attorney'fees and s court costs in the amount of $2,372,070.44. The Plaintiff further prays that, in addition to the above, the jury finding in favor of the Plaintiff, that the Court access the Defendant Sierra Peters the appropriate penalties under Colorado Revised Statutes 22-12-105ff and others as applicable. b. Defendant'statement: s

Defendant Sierra Peters denies the plaintiff'claim that she defamed him. s

Case 1:01-cv-00384-JLK-CBS

Document 116

Filed 04/28/2006

Page 5 of 29

She claims that during the 1998-99 school year, she was a student in two of plaintiff'classes at Pine Creek High School in Academy School District #20. s During the school year, Ms. Peters and other students became concerned with the plaintiff'classroom behavior. Ms. Peters and other students believed that s the plaintiff'classroom and out-of-class conduct was inappropriate. Specifically, s Ms. Peters felt uncomfortable around the plaintiff because she felt that he was staring at her breasts and because the plaintiff had made suggestive comments to students, including telling Ms. Peters to come and see him after class but to " come alone." In addition, Ms. Peters was given several pages of " cannibal jokes" that another student obtained from the plaintiff'desk. Ms. Peters felt s that the jokes were inappropriate and disgusting. Pursuant to the school'sexual s harassment policy, Ms. Peters and other students complained to school administrators. District 20 investigated the complaints, which included incidents involving the use of the plaintiff'classroom computer to access internet s pornography sites and the plaintiff having given a student a floppy disk that contained links to pornography sites. As a result of the District'investigation, s plaintiff was given a letter of reprimand. In addition to her denial that her complaints to District administrators constituted defamation, Sierra Peters contends that her statements were absolutely privileged because of the unique relationship between her as a public school student, the plaintiff as a public school teacher, and the District as a public

Case 1:01-cv-00384-JLK-CBS

Document 116

Filed 04/28/2006

Page 6 of 29

governmental entity. Ms. Peters also claims that her statements were entitled to a qualified privilege pursuant to the common interest privilege. She claims that students in a public school and school administrators have a common interest in the classroom conduct of public school teachers and that the communications in question promote legitimate public interests. Dominguez v. Babcock, 727 P.2d 362 (Colo. 1986). Ms. Peters further claims a qualified privilege for the protection of the interests of other students. Wigger v. McKee, 809 P.2d 999 (Colo. App. 1990)(statements by social worker regarding sexual assault on child entitled to qualified privilege). Defendant contends that, as a public school teacher, plaintiff is a " public figure," and, therefore, must prove the falsity of the allegedly defamatory statements. In the event that the court determines that the plaintiff is not a public figure, defendant asserts the affirmative defense of truth. 4. STIPULATIONS None. 5. PENDING MOTIONS The only pending motion is defendants' motion for costs and attorney fees related to the court'dismissal of the other claims in the case. s 6. WITNESSES a. Nonexpert Witnesses

Case 1:01-cv-00384-JLK-CBS

Document 116

Filed 04/28/2006

Page 7 of 29

(1)

Witnesses who will be present at trial Plaintiff will call: Sierra Peters Colorado Springs, CO Ms. Peters will testify to her classroom conduct and will testify in person. Barbara Crawford Palmer Lake, CO Ms. Crawford will testify as to classroom activities and will testify in person. Dana Parobek Colorado Springs, CO Ms. Parobek will testify as to her knowledge of classroom activities and she will testify in person. Kayla Snoddy Phoenix, AZ Ms. Snoddy will testify to her knowledge of defendant' s classroom conduct and the reports she made to the school district. She will testify in person. Steve Moran Colorado Springs, CO Mr. Moran will testify to his knowledge of the investigation into defendant'statements and will testify in person. s Kathleen Crume Colorado Springs, CO Ms. Crume will testify to her investigation into defendant' s statements and will testify in person. Heidi Pace

Case 1:01-cv-00384-JLK-CBS

Document 116

Filed 04/28/2006

Page 8 of 29

Colorado Springs, CO Ms. Pace will testify to her investigation into defendant' s statements and will testify in person. Jackie Malee Colorado Springs, CO Ms. Malee will testify to her knowledge of the investigation and will testify in person. Steve Glaeser Colorado Springs, CO Mr. Glaeser will testify to his knowledge of classroom activities and the investigation and will testify in person. Judy Harrington Palmer Lake, CO Ms. Harrington will testify as to her knowledge of actions withing the school community and will testify in person. Defendant will call: Sierra Peters Colorado Springs, CO Ms. Peters will testify to plaintiff' classroom conduct and her s report thereof Jeff Peters Colorado Springs, CO Mr. Peters will testify to his knowledge of the investigation, his daughter'character. s Heidi Pace Colorado Springs, CO Ms. Pace will testify to her investigation into plaintiff' s classroom conduct

Case 1:01-cv-00384-JLK-CBS

Document 116

Filed 04/28/2006

Page 9 of 29

Kathleen Crume Colorado Springs, CO Ms. Crume will testify to her investigation into plaintiff' s classroom conduct (2) Witnesses who may be present at trial Plaintiff may call: Brandon Jenkins Colorado Springs, CO Mr. Jenkins will testify about classroom activities. testify in person. Karen Fernand Colorado Springs, CO Ms. Fernand will testify as to her knowledge of activities in the community and she will testify in person. Allyn Kratz Colorado Springs, CO Mr. Kratz will testify as to his knowledge of the investigation and he will testify in person. Gregory J. Lawler Denver, CO Mr. Lawler will testify as to his knowledge of the investigation and he will testify in person. Melissa Weltz Colorado Springs, CO Ms. Weltz will testify as to classroom activities and she will testify in person. He will

Case 1:01-cv-00384-JLK-CBS

Document 116

Filed 04/28/2006

Page 10 of 29

Mary Hoover Colorado Springs, CO Ms. Hoover will testify as to school activities and she will testify in person. Cindy Battin Colorado Springs, CO Ms. Battin will testify as to her knowledge of classroom activities and she will testify in person. John William Smith Colorado Springs, CO Mr. Smith will testify as to his knowledge of school district activities and he will testify in person. Carolyn Kalaskie Colorado Springs, CO Ms. Kalaskie will testify as to classroom activities and will testify in person. Jude Mason Denver, CO Mr. Mason will testify as to his knowledge of the investigation and will testify in person. Defendant may call: Carol Peters-Blankenbaker Tucson, AZ Ms. Peters-Blankenbaker will testify to her knowledge of the investigation into plaintiff' classroom conduct, and to her s daughter'character s Steve Moran Colorado Springs, CO

Case 1:01-cv-00384-JLK-CBS

Document 116

Filed 04/28/2006

Page 11 of 29

Mr. Moran will testify to his knowledge of the investigation into plaintiff'classroom conduct s Kayla Snoddy Phoenix, AZ Ms. Snoddy will testify to her knowledge of plaintiff' s classroom conduct and the reports she made to the school district Jessica Poling Colorado Springs, CO Ms. Poling will testify to her knowledge of plaintiff'classroom s conduct and reports she made to the school district Chelsea Bonine Colorado Springs, CO Ms. Bonine will testify to her knowledge of plaintiff'classroom s conduct and reports she made to the school district Barbara McHenry Colorado Springs, CO Ms. McHenry will testify to her knowledge of defendant' s character. Robert Cohn Colorado Springs, CO Mr. Cohn will testify to his knowledge of the investigation into the plaintiff'classroom conduct. s (3) Witnesses whose testimony is expected to be presented by

means of a deposition and, if not taken stenographically, a transcript of the pertinent portion s of the deposition testimony. None at this time.

Case 1:01-cv-00384-JLK-CBS

Document 116

Filed 04/28/2006

Page 12 of 29

b.

Expert Witnesses (1) (2) (3) Witnesses who will be present at trial Witnesses who may be present at trial if the need arises; and Witnesses whose testimony is expected to be presented by

means of a deposition and, if not taken stenographically, a transcript of the pertinent portion s of the deposition testimony. None 7. EXHIBITS a. (1) 1. February 22, 1999. 2. 3. 1999. 4. 5. 6. 7. 8. 9. Student work: Shakespeare Newspaper. Theatre Period Four Grades dated April 12, 1999. H Freshman English Period One Student Number listing. Freshman English Period One Student Number listing. Weber H Freshman English Period One Final Grades. Weber Theatre Period Four Final Grades. Theatre Period Four Grades dated February 22, 1999. Freshman English Period One Grades dated April 12, Plaintiff' s: Freshman English Period One Grades dated

Case 1:01-cv-00384-JLK-CBS

Document 116

Filed 04/28/2006

Page 13 of 29

10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20.

Weber Freshman English Period One Final Grades. Statement of Sierra Peters dated April 16,1999. Grade Card of Sierra Peters dated may 27, 1999. Rehearsal Schedule for Annie Get Your Gun musical. Grade Report of Sierra Peters Freshman English. Time line. E-mail of Steve Moran dated April 19, 1999. Letter from Beth Cutter dated June 15, 1999. E-mail from Judy Harrington dated July 11, 1999. Letter from Steve Moran dated September 3, 1999. School District Policy 8112.1 Public Concerns/Complaints About Instructional Resources.

21. 22. 23. 24. 25. 26.

School District Policy 5117 Staff Protection. School District Policy 7300. Letter from Steve Moran dated May 28, 1999. Letter from Gregory J. Lawler dated April 19, 1999. Teacher on Special Assignment job description. School District Policy 5290 Instructional Staff

Assignments and Transfers. 27. 28. Photo of Facilities maintenance Letter from Kathleen Crume dated August 19, 1999.

Case 1:01-cv-00384-JLK-CBS

Document 116

Filed 04/28/2006

Page 14 of 29

29. 30.

Supplemental Affidavit of Kathleen Crume.

Letter from Office of County Attorney dated September 9, 1999. 31. 32. 33. 34. 35. 36. 37. 38. 39. End-of-Year Evaluation. Guys and Dolls theatre program. Grade Report for Jessica Poling dated April 14, 1999. E-mail from Jessica Poling dated November 6, 1999. Grade Report for Chelsea Bonine. Grade Report for Melissa Weltz. Pine Creek High School Yearbook CD-ROM photo stills. Salary Schedules Academy School District 20. Damages.

(2)

Defendant' s: A. Statement regarding Sierra Peters dated April 16, 1999,

provided by Bob Cohn of Stettner, Miller & Cohn, P.C. on November 17, 2000. B. Sierra Peter'Pine Creek High School Transcript for year s

January 1999 and her report card for semester January 5, 1998 - May 27, 1999. C. Original Complaint in this matter, filed April 11, 2000, District Court, El Paso County, Case No. 00CV1007, Div. 2. D. First Amended Complaint in this action, filed April 24,

Case 1:01-cv-00384-JLK-CBS

Document 116

Filed 04/28/2006

Page 15 of 29

2001. E. F. G. Glaeser. H. Antelope Valley Union High School District employee Academy School District 20 Policies. Academy School District 20 investigative file. Academy School District 20 personnel file for Steven

records for Steven Glaeser. I. Pine Creek High School Student Handbook 1998 - 1999,

front cover through page 33. b. Copies of listed exhibits must be provided to opposing counsel no

later than five days after the Pretrial Conference. The objections contemplated by Fed.R.Civ. P 26(a)(3) shall be filed with the clerk and served no later than 30 days before the scheduled date of the Final Trial Preparation Conference unless otherwise ordered. 8. DISCOVERY Discovery has been completed. 9. SPECIAL ISSUES None. 10. SETTLEMENT a. Counsel for Sierra Peters met with the plaintiff in person on January

21, 2005 at a mediation to discuss in good faith the settlement of the case.

Case 1:01-cv-00384-JLK-CBS

Document 116

Filed 04/28/2006

Page 16 of 29

b.

The participants in the settlement conference, included counsel,

party representatives and any pro se party. c. Counsel for the parties and any pro se party do not intend to hold

future settlement conferences. d. settlement. 11. EFFECT OF PRETRIAL ORDER Hereafter, this Pretrial Order will control the subsequent course of this action and the trial, and may not be amended except by consent of the parties and approval by the court or by order of the court to prevent manifest injustice. The pleadings are deemed merged herein. This Pretrial Order supersedes the Scheduling and Discovery Order. In the event of ambiguity in any provision of this Pretrial Order, reference may be made to the record of the Pretrial Conference to the extent reported by stenographic notes and to the pleadings. 12. TRIAL AND ESTIMATED TRIAL TIME/FURTHER TRIAL PREPARATION PROCEEDINGS a. b. c. Trial is to a jury and is expected to last 3 days. Trial Date: July 31, 2006 at 9:00 a.m., Courtroom A802. It appears from the discussion that there is little possibility of

Final Trial Preparation Conference Date: July 10, 2006 at 10:00 a.m.

In advance of this conference, the parties shall comply with the Instructions Concerning Preparation for Final Trial Preparation Conference.

Case 1:01-cv-00384-JLK-CBS

Document 116

Filed 04/28/2006

Page 17 of 29

d.

Deadline for filing motions objecting to any testimony of an expert

witness based on the requirements of Daubert v. Merrell Dow Pharmaceuticals,

Inc., 509 U.S. 579 (1993), Kumho Tire Co. v. Carmichael, 526 U.S. 137(1999), and their progeny: 30 days after the date of the Pretrial Conference.
Any such objections not identified in Section 9 of this Order and filed by motion by this date are deemed waived. Unless otherwise

ordered, a written response to such a motion must be filed no later than 20 days after the motion is filed. A reply, if any, must be filed no later than 15 days after the response. e. Deadline for filing all other motions in limine, including objections to

exhibits and designated deposition testimony: 30 days before the scheduled date for the Final Trial Preparation Conference. Unless otherwise ordered, a written response to such a motion or objection must be filed no later than 15 days after the motion is filed, and the reply, if any, must be filed no later than 11 days after the response. DATED this 28th day of April , 2006. BY THE COURT:

S/John L, Kane JOHN L. KANE, Senior Judge United States District Court

Case 1:01-cv-00384-JLK-CBS

Document 116

Filed 04/28/2006

Page 18 of 29

PRETRIAL ORDER APPROVED:

/s/ Joseph F. Bennett Steven H. Glaeser
487 Windchime Place, #305 P.O. Box 63136 Colorado Springs CO 80962 719-930-3903

Joseph F. Bennett
Cross & Bennett, L.L.C. 108 E. St. Vrain, #20 Colorado Springs, CO 80903 719-633-1359

Plaintiff, Pro Se

Attorney for Defendant

ATTACHMENT C IN THE UNITED STATES DISTRICT COURT

Case 1:01-cv-00384-JLK-CBS

Document 116

Filed 04/28/2006

Page 19 of 29

FOR THE DISTRICT OF COLORADO
JOHN L. KANE, SENIOR JUDGE

Case No.: 01-cv-0384-JLK-CBS Case Title:

Date

Steven H. Glaeser, Plaintiff v. Sierra Marcella Peters, Defendant.

Plaintiff' Witness List s Witness Sierra Peters Barbara Crawford Dana Parobek Kayla Snoddy Steve Moran Kathleen Crume Heidi Pace Jackie Malee Steve Glaeser Judy Harrington Brandon Jenkins Karen Fernand Date(s) Testified

Case 1:01-cv-00384-JLK-CBS

Document 116

Filed 04/28/2006

Page 20 of 29

Plaintiff' Witness List (continued) s Witness Allyn Katz Gregory J. Lawler Melissa Weltz Mary Hoover Cindy Battin John William Smith Carolyn Kalaskie Jude Mason Date(s) Testified

Case 1:01-cv-00384-JLK-CBS

Document 116

Filed 04/28/2006

Page 21 of 29

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO
JOHN L. KANE, SENIOR JUDGE

Case No.: 01-cv-0384-JLK-CBS Case Title:

Date

Steven H. Glaeser, Plaintiff v. Sierra Marcella Peters, Defendant. Defendant' Witness List s

Witness Sierra Peters Jeff Peters Heidi Pace Kathleen Crume Carol Peters-Blankenbaker Steve Moran Kayla Snoddy Jessica Poling Chelsea Bonine Barbara McHenry Robert Cohn

Date(s) Testified

Case 1:01-cv-00384-JLK-CBS

Document 116

Filed 04/28/2006

Page 22 of 29

Case 1:01-cv-00384-JLK-CBS

Document 116

Filed 04/28/2006

Page 23 of 29

EXHIBIT LIST OF PLAINTIFF, STEVEN H. GLAESER Civil Action 01-cv-0384-JLK-CBS EXHIBIT NO: 1. RULE RESVD

WITNESS Sierra Peters Chelsea Bonine Jessica Poling Sierra Peters Sierra Peters Chelsea Bonine Jessica Poling Sierra Peters Chelsea Bonine Jessica Poling Melissa Weltz Sierra Peters Sierra Peters Chelsea Bonine Jessica Poling Melissa Weltz

DESCRIPTION Freshman English Period One Grades dated February 22, 1999 Theatre Period Four Grades dated February 22, 1999 Freshman English Period One Grades dated April 12, 1999 Student work: Shakespeare Newspaper

REC

REJ

COMMENTS

2. 3.

4.

5. 6. 7.

Theatre Period Four Grades dated April 12, 1999 H Freshman English Period One Student Number listing Freshman English Period One Student Number listing

Case 1:01-cv-00384-JLK-CBS

Document 116

Filed 04/28/2006

Page 24 of 29

EXHIBIT NO: 8. 9. 10.

WITNESS Sierra Peters Sierra Peters Chelsea Bonine Jessica Poling Melissa Weltz Sierra Peters Jessica Poling Kayla Snoddy Heidi Pace Kathleen Crume Steve Moran Sierra Peters Sierra Peters Steve Moran Steve Glaeser Sierra Peters

DESCRIPTION Weber H Freshman English Period One Final Grades Weber Theatre Period Four Final Grades Weber Freshman English Period One Final Grades Statement of Sierra Peters dated April 16, 1999

REC

REJ

RULE RESVD

COMMENTS

11.

12. 13.

Grade Card of Sierra Peters dated may 27, 1999 Rehearsal Schedule for Annie Get Your Gun musical Grade Report of Sierra Peters

14.

Case 1:01-cv-00384-JLK-CBS

Document 116

Filed 04/28/2006

Page 25 of 29

EXHIBIT NO: 15.

WITNESS Sierra Peters Steve Moran Judy Harrington Steve Glaeser Steve Moran Steve Moran Steve Glaeser Judy Harrington Steve Moran Judy Harrington Steve Moran Kathleen Crume Steve Moran Kathleen Crume Heidi Pace Steve Moran Kathleen Crume Heidi Pace

DESCRIPTION Time line

REC

REJ

RULE RESVD

COMMENTS

16. 17.

E-mail of Steve Moran dated April 19, 1999 Letter from Beth Cutter dated June 15, 1999 E-mail from Judy Harrington dated July 11, 1999 Letter from Steve Moran dated September 3,1999 School District Policy 8112.1 Public Concerns/Complaints About Instructional Resources School District Policy 5117 Staff Protection

18. 19. 20.

21.

Case 1:01-cv-00384-JLK-CBS

Document 116

Filed 04/28/2006

Page 26 of 29

EXHIBIT NO: 22.

WITNESS Steve Moran Kathleen Crume Heidi Pace Steve Moran

DESCRIPTION School District Policy 7300 Student Discipline Letter from Steve Moran dated April 19, 1999

REC

REJ

RULE RESVD

COMMENTS

23. 24. 25.

Kathleen Crume Letter from Gregory J. Lawler Gregory J. Lawler dated April 19, 1999 Kathleen Crume Steve Moran Steve Glaeser Kathleen Crume Steve Moran Steve Glaeser Kathleen Crume Steve Moran Kathleen Crume Kathleen Crume Kathleen Crume Teacher on Special Assignment job description School District Policy 5290 Instructional Staff Assignments and Transfers Photo of Facilities Maintenance Letter from Kathleen Crume dated August 19, 1999 Supplemental Affidavit of Kathleen Crume Letter from Office of County Attorney dated September 9, 1999 DESCRIPTION REC REJ RULE RESVD COMMENTS

26.

27. 28. 29. 30.

EXHIBIT NO:

WITNESS

Case 1:01-cv-00384-JLK-CBS

Document 116

Filed 04/28/2006

Page 27 of 29

31.

Kathleen Crume Steve Moran Steve Glaeser Steve Moran Steve Glaeser Jessica Poling Jessica Poling Chelsea Bonine Melissa Weltz Steve Moran Steve Glaeser Kathleen Crume Heidi Pace Steve Glaeser

End-of-Year Evaluation

32. 33. 34. 35. 36. 37. 38. 39.

Guys and Dolls theatre program Grade Report for Jessica Poling dated April 14, 1999 E-mail from Jessica Poling dated April 14, 1999 Grade Report for Chelsea Bonine Grade Report for Melissa Weltz Pine Creek High School Yearbook CD-ROM photo stills Salary Schedules Academy School District 20 Damages

Case 1:01-cv-00384-JLK-CBS

Document 116

Filed 04/28/2006

Page 28 of 29

EXHIBIT LIST OF DEFENDANT SIERRA M. PETERS Civil Action 01-cv-0384-JLK-CBS EXHIBIT NO: A. RULE RESVD

WITNESS Sierra Peters Bob Cohn

DESCRIPTION Statement regarding Sierra Peters dated April 16, 1999, provided by Bob Cohn of Stettner, Miller & Cohn, P.C. on November 17, 2000 Sierra Peter'Pine Creek High s School transcript for years January 1999 and her report card for semester January 5,1998 - May 27, 1999 Original Complaint in this matter, filed April 11, 2000, District Court, El Paso County, Case No. 00CV1007, Div. 2 First Amended Complaint in this action, filed April 24, 20001 DESCRIPTION

REC

REJ

COMMENTS

B.

Sierra Peters

C.

Steve Glaeser

D.

Steve Glaeser

EXHIBIT NO:

WITNESS

REC

REJ

RULE RESVD

COMMENTS

Case 1:01-cv-00384-JLK-CBS

Document 116

Filed 04/28/2006

Page 29 of 29

E.

Bob Cohn Heidi Pace Kathleen Crume Heidi Pace Kathleen Crume Bob Cohn Heidi Pace Kathleen Crume

Academy School District 20 Policies Academy School District 20 investigative file Academy School District 20 personnel file for Steven Glaeser

F. G.

H.

Antelope Valley Union High Bob Cohn School District employee Heidi Pace records for Steven Glaeser Kathleen Crume Ant. Valley H.S. records custodian Sierra Peters Heidi Pace Kathleen Crume Bob Cohn Pine Creek High School Student Handbook 1998 1999, front cover through page 33

I.