V I R G I N I A: IN THE CIRCUIT COURT OF ALEXANDRIA CITY ERIC J. BONETTI Plaintiff, v. ROBERT H. MALM
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CL NO. 2020 06480
Defendant PLAINTIFF’S FIRST REQUEST FOR PRODUCTION OF DOCUMENTS TO PLAINTIFF COMES NOW Plaintiff, ERIC BONETTI, in the above-entitled action, by and through counsel, and, pursuant to the Rules of the Supreme Court of Virginia, and hereby requests that Defendant, ROBERT H. MALM, produce for inspection and copying twenty-one (21) days after service of this request, to the Plaintiff, the true, complete and fully legible copies of the following documents within his/her possession, custody, or control. INSTRUCTIONS A.
Answer each Request separately and fully in writing, unless it is objected to, in
which case the reasons for objections must be stated. You are requested to serve a copy of your responses and documents upon Plaintiff within twenty-one (21) days at 4129 Fountainside Lane #203, Fairfax VA 22033. B.
Unless otherwise indicated, this Request for Production of Documents refers to
the time, place, and circumstances of the occurrences mentioned or complained of in the pleadings.
C.
This Request is continuing in nature and you are required to promptly supplement
and/or amend your responses from time to time through the date of trial to include additional or corrective information hereafter acquired. D.
If any of the documents requested herein has been destroyed or transferred out of
your possession, custody, or control and cannot be produced pursuant to this Request, describe when such destruction or transfer occurred, the reason(s) for such destruction or transfer, the nature of such destruction or transfer, the person(s) who effected such destruction or transfer, and, if transferred, the name and address of the person(s) or entity(ies) now holding such transferred documents. If originals or copies of any documents requested herein have been destroyed and copies can be obtained by you from the originator, it is requested that you obtain such copies and produce them. E.
If you are asked to produce a document that you deem to be properly withheld
from production under claim of privilege, provide a general description of the document, the date it was created, its general subject matter, and all other information necessary to identity the document, including, where appropriate, the author, addressee, custodian, and any other recipient of the document, and, unless apparent, the relationship of the author, addressee, custodian, and recipient(s) to each other, in a manner that, without revealing the information claimed to be protected, will enable counsel and the Court to assess your claim of privilege or protection. F.
When a requested document contains both privileged and non-privileged material,
the non-privileged material must be disclosed to the fullest extent possible without disclosing the privileged material. If a privilege is asserted with regard to part of the material contained in a document, you must clearly indicate the portions as to which the privilege is claimed. When a document has been redacted or altered in any fashion, identify the reason for the redaction or Bonetti v. Malm Request for Production of Documents to Defendant Page 2 of 9
alteration, the date such alteration or redaction was made, and the identity of the person performing the redaction or alteration. Any redaction or alteration should be clearly visible on the document. G.
In the spaces provided herein below, separately, with respect to each request or
category, specify: a.
Which documents are being provided;
b.
If and to the extent any such documents are (or were at the time of service
of this Request) within your custody or control, but are not being produced, all reasons you are not producing the same; and c.
If and to the extent any such documents never were or are no longer within
your custody or control, specifically so state. H.
You must either produce the requested documents as they are kept in the usual
course of business, or organize and label them to correspond with the categories in this Request. I.
To the extent that no single document exists or is in your possession, custody, or
control, which contains all the information sought in any particular specification herein, you are to provide such other documents in your possession, custody, or control which are sufficient to show, compute, compile, or explain all the information requested in such specifications or as much thereof as is available. J.
If in responding to these requests you encounter any ambiguities in construing any
request, instruction, or definition, set forth the matter deemed ambiguous and the constructed used in responding. DEFINITIONS
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A.
Where appropriate, the masculine gender may be substituted for the feminine and
vice versa. The use of the singular form of any word includes the plural and vice versa. B.
The pronouns “you” or “your” refer to the party to whom this Request for
Production of Documents is addressed, and all of that person’s agents, representatives, and attorneys. C.
The term “including” means including but not limited to.
D.
The term “Plaintiff” refers to ERIC BONETTI.
E.
The term “person” is defined as any natural person or any business, legal, or
governmental entity or association. F.
The terms “concerning”, “pertaining to”, “involving”, and like phrases used
herein mean relating to, referring to, describing, evidencing, or constituting. G.
The conjunctives “and” and “or” shall be construed either disjunctively or
conjunctively as necessary to bring within the scope of the discovery request all responses that might otherwise be construed to be outside its scope. H.
The term “communication” shall be defined as any form whatsoever of
correspondence, instruction, publication, contact, discussion, report, and/or written or oral exchange between two or more persons. It includes as “documents” defined by Paragraph I below. I.
The term “document” shall be defined as any record concerning the subject matter
inquired of, to include, but not be limited to, writings (including, but not limited to, letters memoranda, notes, contracts, reports, summaries, records, forms, publications, calendars, diaries, journals, notebooks, facsimile transmissions, computer-generated documents, and all other forms of written instruments); email, instant messages, and other forms of online computer Bonetti v. Malm Request for Production of Documents to Defendant Page 4 of 9
communications; accounting entries (either manually created or computer-generated, including compilations of the same); drawings, sketches, maps, plats, graphs, charts, photographs, tape recordings (audio and video), video recordings; information stored on any computer system and/or device (including, but not limited to, computer hard drive, floppy disk, optical disk, network storage, remote internet storage, handheld device, or backup device); and marginal comments appearing on any document and drafts of any of the above. J.
Where documents in possession of the party are requested, such request includes
documents in the possession of the party’s agents, next friend, guardian, representatives, and, unless privileged, such party’s attorneys. K.
As used herein, possession, custody, and/or control includes any such documents
within the possession, custody, or control of you or any of your agents, including, but not limited to, attorneys, accountants, employees, private investigators, or others. REQUESTS 1.
Produce all communications with Ms. Dee Parsons and/or employees, agents,
church vestry members, volunteers, or representatives of The Wartburg Watch that reference or involve Plaintiff from June 1, 2015 to the present. RESPONSE:
2.
Produce all communications with any third party not otherwise supplied in
response to any other Request herein that reference or involve Plaintiff or your underlying claims in this case from June 1, 2015 to the present. Exclude from your response any documents that are protected by attorney-client privilege and/or the attorney work-product doctrine. RESPONSE: Bonetti v. Malm Request for Production of Documents to Defendant Page 5 of 9
3.
Produce all communications with employees, agents, church vestry members,
volunteers, or representatives of the Episcopal Diocese of Virginia that reference or involve Plaintiff or your underlying claims in this case from June 1, 2015 to the present. RESPONSE:
4.
Produce all communications or documents written by or directed to you or other
church staff that expressly or implicitly state that Plaintiff made terroristic threats or suffered from mental illness or condition from June 1, 2015 to the present. RESPONSE:
5.
Produce all communications with employees, agents, church vestry members,
volunteers, and/or representatives of Plaintiff’s employer(s) that reference or involve Plaintiff or your underlying claims in this case from June 1, 2015 to the present. RESPONSE:
6.
Produce all communications with the rector of St. Paul’s Parish, located on K
Street, Washington, D.C., that reference or involve Plaintiff or your underlying claims in this case from June 1, 2015 to the present. RESPONSE:
7.
Produce all documents relating to a person’s eligibility to serve as a trustee of the
parish endowment that was in effect as of June 1, 2015. Bonetti v. Malm Request for Production of Documents to Defendant Page 6 of 9
RESPONSE:
8.
Produce all documents detailing all vestry minutes and notes from June 2015 to
the present if they reference or involve Plaintiff or your underlying claims in this case. RESPONSE:
9.
Produce blog entry or entries that serve as the basis for your petition for a
protective order. RESPONSE:
10.
Produce all documents the identification of which was requested in Interrogatories
served contemporaneously herewith. RESPONSE:
11.
Provide any documentation you referenced in your Answers to Interrogatories, or
from which you sought information in answering the interrogatories, not otherwise supplied in response to another request. RESPONSE:
12.
Provide all other documents or exhibits not otherwise requested herein which you,
or anyone on your behalf, intend or may decide to introduce at any hearing in this case, whether in direct examination, cross-examination, rebuttal, or otherwise. RESPONSE: Bonetti v. Malm Request for Production of Documents to Defendant Page 7 of 9
13.
Provide any documentation, communications, and/or tangible evidence which
supports any allegations and/or claims made in your pleading, including the factors or circumstances which supports or refutes any fact, event, circumstance, or occurrence which you allege was the grounds for seeking a protective order against the Plaintiff. RESPONSE:
14.
Provide all communications with any member of the Alexandria City Police
Department and any other law enforcement agency or magistrate that reference the Plaintiff from July 1, 2015 to the present. RESPONSE:
Respectfully submitted,
ERIC BONETTI Pro Se Plaintiff 4129 Fountainside Lane #203 Fairfax VA 22030
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CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing was emailed and mailed, via USPS First Class mail, to Counsel for Defendant on September 22, 2020 to the following: Wayne Cyron, Esq. 100 North Pitt Street, Suite 200 Alexandria, Virginia 22314 Telephone: 703-299-0600 E-mail: cml@cyronmiller.com Counsel for Robert H. Malm Diane DiBlasio, Esq. Niles, Barton & Wilmer, LLP 111 South Calvert StreetSuite 1400Baltimore, MD 21202 Telephone: 410-783-6300 Email: dediblasio@nilesbarton.com Counsel for Grace Episcopal Church
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