K.H. v. Antioch Unified School District
- William Alsup
- 3:18-cv-07716
- U.S. District Court · Northern District of California
- 3
In K.H. v. Antioch Unified School District, Judge Alsup denied Catapult’s motion to seal corporate charts, finding they were not attorney-client privileged.
Catapult Learning West, LLC, whose corporate-structure charts will be publicly accessible unless appellate intervention occurs during the seven-day stay.
What happened
K.H. v. Antioch Unified School District concerns allegations that school employees mistreated a student with a learning disability during a physical restraint. The court’s order addressed only whether two corporate-structure charts should be kept from public view.
The court had ordered Catapult Learning West, LLC to submit charts explaining the corporate structure connected to Sierra School of Antioch. Catapult asked the court to seal the charts, claiming attorney-client privilege.
The court denied the motion because the charts described the corporate structure and did not request or contain legal advice. Judge Alsup stayed the order for seven days so Catapult could seek emergency appellate relief; without appellate intervention, the charts would become public after the stay.
The detailed version
- K.H. v. Antioch Unified School District · No. 3:18-cv-07716
- William Alsup
- Jan. 21, 2020
Background
K.H., a minor represented by a guardian ad litem, brought an action concerning alleged mistreatment at Sierra School of Antioch. The opinion states that K.H. has a learning disability and that two teacher aides allegedly grabbed and dragged him back into a classroom, restrained him, and caused injuries.
The court had ordered Catapult Learning West, LLC to submit two charts showing the corporate structure of TVG-Catapult Holdings as of the date of the incident and as of December 31, 2019. The charts were relevant to questions about the corporate entities connected to Sierra School of Antioch and Catapult Learning West’s role. Catapult submitted the charts and moved to seal them, asserting attorney-client privilege.
Legal standard and analysis
Attorney-client privilege protects confidential communications between a client and an attorney made to obtain or provide legal advice. The court concluded that the charts did not fall within that protection because they merely presented a supposedly accurate representation of Catapult’s corporate structure. They neither requested nor contained legal advice. The court also noted the strong public policy favoring openness in the court system.
Ruling
The court denied Catapult Learning West, LLC’s motion to seal the charts. The order stayed itself for seven days to allow Catapult to seek emergency appellate relief. Unless the court of appeals intervened, the charts would be made public after the stay expired.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.