UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA
ERIC J. BONETTI, Plaintiff,
CIVIL Case No.:
vs. EPISCOPAL DIOCESE OF VIRGINIA, ROBERT HILLER MALM, CITY OF ALEXANDRIA, COMMONWEALTH OF VIRGINIA, EPISCOPAL DIOCESE OF MASSACHUSETTS, ST. GABRIEL’S EPISCOPAL CHURCH, Defendants
PLAINTIFF’S FIRST REQUESTS FOR ADMISSION TO ROBERT HILLER MALM
COMES NOW Plaintiff, Eric J. Bonetti, makes the following requests for admission pursuant to the Federal Rules of Civil Procedure from Defendant Robert Hiller Malm. 1. Admit that Robert Hiller Malm knowingly falsified the timeline of Plaintiff’s arrival at Grace Episcopal Church in the email sent November 22, 2017 to Bishop Shannon Johnston. A copy is provided on the following page for clarity and your convenience.
First RFAs to Robert Hiller Malm
1
First RFAs to Robert Hiller Malm
2
2. Admit that Robert Hiller Malm made a false statement under oath when he stated during in interrogatories in the Virginia litigation that Sigrid Yahner contacted him repeatedly to make appointments. A copy of the statement is included below for your reference and convenience.
First RFAs to Robert Hiller Malm
3
3. Admit Robert Hiller Malm stated in an email to family, prior to filing a request for a protective order with the Virginia courts, that he did not feel threatened by Plaintiff. A copy of the email is included on the following page for your reference and convenience.
First RFAs to Robert Hiller Malm
4
First RFAs to Robert Hiller Malm
5
4. Admit that Robert Hiller Malm sought advice and guidance from the Wilbur Salas and other members of the Alexandria police department via this and other emails and phone calls prior to filing a request for a protective order, and copied plaintiff’s then-employer in doing so. A copy of one such email follows for your reference and convenience.
First RFAs to Robert Hiller Malm
6
5. Admit that Robert Hiller Malm, in an email to bishop Shannon Johnston dated January 4, 2018, stated that his wife and one of his daughters “give this so much more attention that it deserves.” A copy is included below for your reference and convenience.
6. Admit that Robert Hiller Malm stated via email that he or an individual connected with him contacted the Alexandria police, resulting in the police “monitoring” plaintiff, while peacefully protesting on public property. For your reference and convenience, a copy of one such email follows on the next page.
First RFAs to Robert Hiller Malm
7
7. Admit that Robert Hiller Malm provided false testimony under oath before the Wareham district court when he falsely claimed that he did not lie about Ms. Yahner repeatedly contacted him, and stated that he “didn’t even know his mother’s name.”A copy of the relevant portions of the transcript are included below for your reference and convenience.
First RFAs to Robert Hiller Malm
8
First RFAs to Robert Hiller Malm
9
8. Admit that Robert Hiller Malm was requested via email dated December 21, 2017 to have no further contact with Plaintiff, directly or through others. A copy of the email is copied for your reference and convenience.
9. Admit that Robert Hiller Malm communicated via email with Alexandria police official Wilbur Salas seeking a means to limit Plaintiff’s right to legally protect within the City of Alexandria. A copy of one such email is included below for your reference and convenience.
First RFAs to Robert Hiller Malm
10
10. Admit that Robert Hiller Malm knew that Sigrid Yahner was terminally ill at the time he attempted to subpoena her for a deposition, to be held at the Venango County Court, and that neither he nor his attorney sought prior leave of the Pennsylvania courts in doing so. 11. Admit that Robert Hiller Malm, directly or through the actions of others, withheld documents subject to discovery during the initial litigation with Plaintiff. 12. Admit that Robert Hiller Malm, directly or through the actions of others, redacted documents provided during discovery during the initial litigation with Plaintiff to obscure meaning and conceal statements of malice against the Plaintiff.
First RFAs to Robert Hiller Malm
11
I ask that you provide responses under oath within 30 days of service of this request, either by email or overnight mail to Plaintiff at the address located at the end of of this document, or at such time as may be determined at the Rule 26(f) conference. A copy of this request is being sent to defense counsel by email this 20th day of April per the following and, in light of the past litigation-related misconduct of Robert Hiller Malm and Grace Episcopal Church, will be notarized and filed with the court. The case number is left blank as the Plaintiff understands that his amended case will be assigned a new docket number. Craig D. Roswell, Esquire (VSB No.: 33901) Matthew J. Youssef, Esquire (VSB No.: 85339) NILES, BARTON & WILMER, LLP 111 S. Calvert Street, Suite 1400 Baltimore, Maryland 21202 (410) 783 –6357 (410) 783 –6452 cdroswell@nilesbarton.com mjyoussef@nilesbarton.com Counsel for Defendant, Grace Episcopal Church and Episcopal Diocese of Virginia Wayne F. Cyron, Esquire (VSB No. 12220) CYRON & MILLER LLP 100 N. Pitt St., Suite 200 Alexandria, VA 22314 703-299-0600 703-299-0603 (fax) wcyron@cyronmiller.com Counsel for Defendant, Robert H. Malm Alexandria City Attorney 301 King Street, Suite 1300 P. O. Box 178 Alexandria, Virginia 22313 George.mcandrews@alexandriava.gov Respectfully submitted,
First RFAs to Robert Hiller Malm
12
First RFAs to Robert Hiller Malm
Eric J. Bonetti Pro se plaintiff 4129 Fountainside Lane 203 Fairfax VA 22030 703-973-4984 Eric.bonetti@protonmail.com
13