VIRGINIA: IN THE CIRCUIT COURT OF THE CITY OF ALEXANDRIA ERIC J. BONETTI,
Plaintiff, CIVIL ACTION NUMBER: CL20002178
vs. GRACE EPISCOPAL CHURCH
Defendant
PLAINTIFF’S RESPONSE TO DEFENDANT’S OBJECTIONS TO AGREED STATEMENT OF FACTS COMES NOW plaintiff Eric J. Bonetti and files this memo in response to defendant Grace Episcopal
Church’s objection to the agreed statement of facts previously submitted to the court. 1.
Defendant Grace Episcopal Church was previously contacted about the agreed statement of facts, with a request to supply information not then available to the Plaintiff.
2.
Defendant failed to respond to Plaintiff’s request.
3.
In order to maintain a timely petition for review to the Virginia Supreme Court, plaintiff forwarded the agreed statement of facts, with a copy to defense counsel.
4.
During an email exchange with Defendant, Plaintiff asked what specific objections Defendant had to the proposed Agreed Statement of Facts, such that an amended version might be drafted and sent to the Court.
5.
Defendant did not respond.
6.
Plaintiff previously submitted prima facie evidence that Defendant was obligated to produce the defamatory email during discovery, including a copy of the relevant Request for the Production of Documents. Thus, the burden of proof shifted to the Defendant to offer some explanation as to why the document in question was not timely produced. Defendant has yet to offer any such explanation and thus cannot raise the issue on appeal.
7.
Defense counsel has been repeatedly offered via email the opportunity to proffer a legitimate explanation why more than 16 documents, several of which would have been highly damaging to the instant Defendant, were not produced during discovery, despite the fact that several copied Mr. Chiow, the original attorney for Defendant. Thus, original defense counsel had actual knowledge of their existence.
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