VIRG INIA: IN THE CIRCUIT COURT FOR THE CITY OF ALEXANDRIA ERIC J. BONETTI,
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Plaintiff,
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v.
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GRACE EPISCOPAL CHURCH,
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Defendant. *
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Case No.: CL20002178
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OBJECTION TO PLAINTIFF’S AGREED STATEMENT OF FACTS COMES NOW, defendant, Grace Episcopal Church (“Grace Church”), through counsel, files this Objection to Plaintiff’s Agreed Statement of Facts and for the reasons stated below, Grace Church respectfully requests that this Honorable Court sustain its objection and not sign the Agreed Statement of Facts as they are incomplete and erroneous. 1.
On December 23, 2020, this Court granted Defendant’s Plea in Bar on the basis that
the statute of limitations had tolled on Plaintiff’s claim. 2.
Plaintiff noted an appeal the same day.
3.
Va. Sup. Ct. R. 5:11(a)(1) provides that “[i]t is the obligation of the
petitioner/appellant to ensure that the record is sufficient to enable the Court to evaluate and resolve the assignments of error. When the appellant fails to ensure that the record contains transcripts or a written statement of facts necessary to permit resolution of appellate issues related to the assignments of error, any assignments of error affected by the omission will not be considered.”
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4.
Rule 5:11(e) provides that a written statement of facts can be submitted to become
part of the record. Plaintiff’s present filing, titled “Agreed Statement of Facts” was not agreed to by counsel for the Defendant and is incomplete. 5.
The first time the “Agreed Statement of Facts” was presented to counsel was on
February 15, 2021 by email, when it was also apparently filed with the Court. 6.
Counsel for Grace Episcopal Church did not review or agree to these statements of
facts before they were submitted to the Court. 7.
Further, the Agreed Statement of Facts is incomplete and erroneous.
8.
Specifically, Defendant does not agree with the factual assertions set forth in
paragraphs 2 that there was a defamatory statement or when the purportedly came to light. 9.
Defendant does not agree to the factual assertion in paragraph 3 about the receipt
of the email, nor is the referenced email clearly identified. 10.
Defendant does not agree to the factual assertion in paragraph 4 that the email in
question was within the purview of discovery in prior litigation. 11.
Defendant does not agree to the factual assertion in paragraph 5 that the email was
not produced during the original litigation as written because it implies that the email (not clearly identified) should have been produced. 12.
Defendant does not agree to the factual assertion in paragraph 6 that Grace
Episcopal Church offered no explanation for its failure to produce the document during the original litigation. 13.
Defendant does not agree to the factual assertion in paragraph 9 that the Circuit
Court held that “Grace Episcopal Church had a duty to produce the document in question, but instead fraudulently concealed the document.”
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14.
The Agreed Statement of Facts as unilaterally presented by Plaintiff is also
incomplete. There are additional facts which are not identified in Plaintiff’s statement. Many of these facts are more fully discussed in the Party’s filings and motions, which shall be part of the record. 15.
The Agreed Statement of Facts, as prepared by Plaintiff, is incomplete, unilaterally
conceived, erroneous, and should not become part of the record of this case. 16.
Further, “the onus is upon the appellant to provide the reviewing court with a sufficient
record from which it can be determined whether the trial court erred as the appellant alleges…” White v. Morano, 249 Va. 27, 30, 452 S.E.2d 856, 858 (1995) 17.
Defendant requests that this Court refuse to certify the Agreed Statement of Facts
filed by Plaintiff on or about February 15, 2021. WHEREFORE, defendant, Grace Episcopal Church, respectfully requests that this Honorable Court refuse to certify the Agreed Statement of Facts filed by Plaintiff on or about February 15, 2021. Respectfully submitted, GRACE EPISCOPAL CHURCH By Counsel
Matthew J. Youssef, Esquire (VSB No.: 85339) Diane Elizabeth DiBlasio, Esquire (VSB No. 90925) NILES, BARTON & WILMER, LLP 111 S. Calvert Street, Suite 1400 Baltimore, MD 21202 (410) 783-6340 – Phone (410) 783-6474 - Fax mjyoussef@nilesbarton.com dediblasio@nilesbarton.com Counsel for the Defendant Grace Episcopal Church
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CERTIFICATE OF SERVICE I hereby certify that on this March 3, 2021 a copy of Defendant’s Objection to Agreed Statement of Facts was mailed via First Class Mail, postage prepaid, to: Eric J. Bonetti 4129 Fountainside Lane, #203 Fairfax, VA 22030 (703) 973-4984 eric.bonetti@me.com Pro Se Plaintiff
Matthew J. Youssef
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