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Gonzalez V. Douglas Trial Transcript of Proceedings, Day 9 Seattle University School of Law Seattle University School of Law Digital Commons Fred T. Korematsu Center for Law and Equality Centers, Programs, and Events 7-20-2017 Gonzalez v. Douglas Trial Transcript of Proceedings, Day 9 Steven A. Reiss Weil Gotshal & Manges LLP Luna N. Barrington Weil Gotshal & Manges LLP David Fitzmaurice Weil Gotshal & Manges LLP Richard M. Martinez Law Office of Richard M. Martinez Robert Chang Fred T. Korematsu Center for Law & Equality James W. Quinn JW Quinn ADR, LLC Follow this and additional works at: https://digitalcommons.law.seattleu.edu/korematsu_center Part of the Civil Rights and Discrimination Commons Recommended Citation Reiss, Steven A.; Barrington, Luna N.; Fitzmaurice, David; Martinez, Richard M.; Chang, Robert; and Quinn, James W., "Gonzalez v. Douglas Trial Transcript of Proceedings, Day 9" (2017). Fred T. Korematsu Center for Law and Equality. 67. https://digitalcommons.law.seattleu.edu/korematsu_center/67 This Report is brought to you for free and open access by the Centers, Programs, and Events at Seattle University School of Law Digital Commons. It has been accepted for inclusion in Fred T. Korematsu Center for Law and Equality by an authorized administrator of Seattle University School of Law Digital Commons. For more information, please contact [email protected]. 1 1 IN THE UNITED STATES DISTRICT COURT 2 FOR THE DISTRICT OF ARIZONA 3 NOAH GONZÁLEZ; JESÚS ) Case No. 4:10-cv-00623-AWT GONZÁLEZ, his father and ) 4 next friend, et al., ) ) 5 Plaintiffs, ) ) Tucson, Arizona 6 vs. ) June 20, 2017 ) 7 DIANE DOUGLAS, ) Superintendent of Public ) 8 Instruction, in her ) Official Capacity; et ) 9 al., ) ) 10 Defendants. ) ____________________________ ) 11 12 13 Before the Honorable A. Wallace Tashima 14 15 Transcript of Proceedings 16 Bench Trial Day 9 17 18 Proceedings reported and transcript prepared by: 19 A. Tracy Jamieson, RDR, CRR 20 Federal Official Court Reporter Evo A. DeConcini U.S. Courthouse 21 405 West Congress, Suite 1500 Tucson, Arizona 85701 22 (520)205-4266 23 Proceedings reported by stenographic machine shorthand; transcript prepared using court reporting software. 24 25 UNITED STATES DISTRICT COURT 2 1 APPEARANCES 2 On Behalf of the Plaintiffs: 3 Weil, Gotshal & Manges, LLP STEVEN A. REISS, ESQ. 4 LUNA N. BARRINGTON, ESQ. 767 Fifth Avenue 5 New York, NY 10153-0119 (212) 310-8000 6 7 Law Office of Richard M. Martinez RICHARD M. MARTINEZ 8 P.O. Box 43250 Tucson, AZ 85733-3250 9 (520) 609-6352 10 Seattle University School of Law 11 Ronald A. Peterson Clinic ROBERT S. CHANG, ESQ. 12 1215 E. Columbia St., Law Annex Seattle, Washington 98122-4130 13 (206) 398-4025 14 On Behalf of Defendants: 15 Office of the Attorney General 16 LESLIE KYMAN COOPER, ASSISTANT ATTORNEY GENERAL 1275 W. Washington Street 17 Phoenix, AZ 85007-2997 (602) 542-8349 18 Ellman & Weinzweig, LLC 19 ROBERT ELLMAN, ESQ. 330 E. Thomas Road 20 Phoenix, AZ 85012 (480) 630-6490 21 22 23 24 25 UNITED STATES DISTRICT COURT 3 1 INDEX OF COURT PROCEEDINGS 2 PAGE 3 Defense motion for judgment on partial findings under 36 Rule 52(c) 4 5 INDEX OF EXAMINATIONS 6 7 WITNESSES: PAGE 8 ANGELA VALENZUELA (RESUMED) 9 Cross-Examination (Continued) By Ms. Cooper 6 Redirect Examination By Ms. Barrington 15 10 Recross-Examination By Ms. Cooper 23 11 THOMAS M. HALADYNA Cross-Examination By Mr. Reiss 38 12 Redirect Examination By Ms. Cooper 79 Recross-Examination By Mr. Reiss 92 13 ELLIOTT HIBBS 14 Direct Examination By Mr. Ellman 94 Cross-Examination By Mr. Reiss 147 15 Redirect Examination By Mr. Ellman 183 Recross-Examination By Mr. Reiss 188 16 17 INDEX OF EXHIBITS RECEIVED 18 NO. PAGE 19 ED 38 20 217 69 21 538 132 22 561- 9 23 568 24 25 UNITED STATES DISTRICT COURT 4 1 2 P R O C E E D I N G S 3 (Proceedings commenced at 9:06 a.m., as follows:) 4 THE COURT: Good morning. Let's all be seated. So we 5 are in order and the witness is on the stand. Good morning. 6 THE WITNESS: Good morning. 7 THE COURT: I think we're just about finishing up the 8 cross, is that right? 9 MS. COOPER: We are. May I address one brief 10 scheduling question? 11 THE COURT: You certainly may. 12 MS. COOPER: We have decided to call one fewer 13 witness. 14 THE COURT: What's that mean, two instead of three? 15 MS. COOPER: Yes, that's what that means, Your Honor. 16 THE COURT: Are you still calling your -- what shall I 17 call him, a rebuttal expert? 18 MS. COOPER: Correct. And he is here, Your Honor. 19 THE COURT: Then you have one more. 20 MS. COOPER: That's correct. 21 THE COURT: So your case will be shorter. So that 22 means, wow, we'll get -- we should get through your case today 23 at least, right? 24 MS. COOPER: Yes, Your Honor. Absolutely. 25 THE COURT: Then you're going to have rebuttal? UNITED STATES DISTRICT COURT 5 1 MR. REISS: We will have one, possibly two relatively 2 brief witnesses, Your Honor, because we assumed that today 3 would be taken up with the rest of the defense case. They're 4 available tomorrow morning, but I don't think I can get them 5 here. 6 THE COURT: You think you can or cannot? 7 MR. REISS: Cannot. 8 THE COURT: Give it a try at the noon recess, all 9 right? Are they local residents? 10 MR. REISS: One is in Sedona right now on vacation. 11 She will come back early if she has to, which, we would get her 12 in by tomorrow morning; and I'm not sure, frankly, about the 13 second. 14 THE COURT: Sedona is not that far. Anyway, your 15 other witness is where? 16 MR. REISS: I'm not sure. I believe possibly in 17 Phoenix, but I'd have to confirm that. 18 THE COURT: Well, I want you to look into it or send 19 somebody else, you know, to look into it right away, but let me 20 have a report then after the noon recess. Okay? 21 MR. REISS: Yes. 22 THE COURT: We'll see what our scheduling looks like, 23 all right? 24 MR. REISS: Yeah. 25 THE COURT: Then I guess we'll proceed with the UNITED STATES DISTRICT COURT 6 1 cross-examination. Is that right, Ms. Cooper? 2 MS. COOPER: Yes, Your Honor, that is correct. 3 WITNESS, ANGELA VALENZUELA, (RESUMED) 4 CROSS-EXAMINATION (CONTINUED) 5 BY MS. COOPER: 6 Q. Good morning, Dr. Valenzuela. 7 A. Good morning. 8 Q. Thank you for returning. We'll try to keep this brief. 9 Now, you testified yesterday that you received a 10 substantial number of new documents related to your work in 11 this matter. 12 A. Yes. 13 Q. And you described them as lesson plans, correct? 14 A. Units and lesson plans. 15 Q. Units and lesson plans. In fact, you received 29 new 16 documents, right? 17 A. I didn't count the number. 18 Q. They're trial Exhibits 561 through 570, and is this 19 approximately the volume of documents that you received? 20 A. Yes. 21 Q. Although there are only eight numbers there, in fact, there 22 were subparts. So that represents far more than eight or nine 23 exhibits. 24 A. Yes. 25 Q. And you reviewed those in connection with your opinion? UNITED STATES DISTRICT COURT 7 1 A. Yes. 2 Q. And you had not reviewed those at the time that you were 3 deposed, correct? 4 A. Correct. 5 Q. And in forming your opinions at the time that you had been 6 deposed, you were just relying on the two sets of curricular 7 materials that you had received from Sean Arce? 8 A. No, that's not correct. 9 Q. In terms of curriculum, you didn't have any other 10 curriculum materials at that point, did you? 11 A. Well, I had -- I was able to triangulate that curriculum 12 with other evidence from the case that was supplied originally, 13 but also that I gathered independently, and I mentioned these 14 items. The Curtis Acosta simulation classroom helped form my 15 opinion. So it wasn't exclusive of those materials, it was of 16 these items as well. 17 It was the ethnic studies literature, some of it specific 18 to Arizona, it was the Cambium report, and then it was more 19 than six hours of interview of four of the MAS teachers, one of 20 whom was Sean Arce himself. 21 Also, there was the Sean Arce visit to the University of 22 Texas, where we also discussed the curriculum, and where they 23 presented him and Crystal Terriquez presented all the 24 curriculum. 25 (Reporter requested a repetition of the last sentence.) UNITED STATES DISTRICT COURT 8 1 It was Sean Arce and Crystal Terriquez that came to UT 2 Austin. And that is in my expert witness report. 3 So it was really not solely on the basis of the curriculum 4 map or the curriculum unit that I reviewed, but also on the 5 basis of these other items that I reviewed to determine my 6 judgment of the curriculum. 7 Q. Well, at the time that you wrote your opinion and then 8 later when you were deposed, in terms of actual materials, 9 specifically from the TUSD MAS curriculum, you had two sets, 10 right? 11 A.
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