V I R G I N I A: IN THE CIRCUIT COURT OF ALEXANDRIA CITY ERIC J. BONETTI Plaintiff, v. ROBERT H. MALM Defendant.
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CL NO. 2020 06480
PLAINTIFF”S FIRST INTERROGATORIES TO DEFENDANT — AMENDED COMES NOW Plaintiff, ERIC J. BONETTI, in the above-titled action and, pursuant to Rule 4:0 et seq. of the Rules of the Supreme Court of Virginia, and hereby requests that Defendant, ROBERT H. MALM, answer fully, in writing, and under oath the following interrogatories in accordance with the Virginia Rules pertaining to discovery. INSTRUCTIONS A.
Answer each Interrogatory separately and fully in writing and under oath, unless
it is objected to, in which case the reasons for objections must be stated. You are requested to serve a copy of your answers upon plaintiff within twenty-one (21) days at 4129 Fountainside Lane #203, Fairfax VA 22030. B.
These Interrogatories are continuing in nature and require you to update and/or
correct the information given pursuant to Rule 4:1(E). C.
Produce all documents that were used in preparation of your answers to
Interrogatories or that are relevant to the matters addressed by the Interrogatories or your answers.
D.
If any document to which you refer in your answers to these Interrogatories will
be withheld because of claimed privilege or work-product rule, the identity and fact of existence of such document, and specifically why you claim it should be exempt from your production, including the nature of the privilege being claimed, must still be set forth. Unless divulging such information would cause disclosure of the allegedly privileged information, the following information should be provided in the objection, if known or reasonable available. a.
For oral communications, the name of the person making the
communication and the names of the persons present while the communication was made, and, where not apparent, the relationship of the persons present to the person making the communication; the date and place of the communication; and the general subject matter of the communication. b.
For documents, the type of document; the general subject matter of the
document; the date of the document; and such other information as is sufficient to identify the document, including, where appropriate, the author, addressee, custodian, and any other recipients of the document, and were not apparent, the relationship of the author, addressee, custodian, and any other recipient to each other. E.
These instructions and definitions should be construed to require answers based
upon the knowledge of any information available to you, as well as your agents, representatives, and, unless privileged, attorneys. Any requested information, unless privileged, which is known by any of your attorneys, accountants, or other agents, acquired while acting on your behalf, shall be given in response to these Interrogatories. Bonetti v. Malm Interrogatories to Defendant Page 2 of 15
F.
No part of an interrogatory should be left unanswered merely because an
objection is interposed to another part of the interrogatory. If a partial or incomplete answer is provided, you shall state that the answer is partial or incomplete. If, in answering these Interrogatories, you encounter any ambiguity when construing a question, instruction, or definition, your answer shall set forth the matter deemed in the construction used in answering. To the extent you do not know the precise information requested, provide your best estimate thereof. DEFINITIONS A.
The term “date” means the exact day, month, and year, if ascertainable, or, if
not, your best approximation thereof. B.
The word “person,” used in these Interrogatories, includes both the singular and
plural, and includes legal, business, or governmental entities and organizations as well as individual, natural persons. C.
Where the name or identity of a person is requested, state full name, home
address, telephone number, and also business address and telephone number, if known. When referring to a person, to “identify” means to state the person’s full name, present or last known address, relationship to you, and, when referring to a natural person, additionally, the present or last known place of employment. If the business and home telephone numbers are known, and if the person is not a party or present employee of a party, said telephone numbers shall be provided. Once a person has been identified in accordance with this subparagraph, only the name of the person need be listed in response to subsequent discovery requesting the Bonetti v. Malm Interrogatories to Defendant Page 3 of 15
identification of that person. D.
Where referring to documents, to “identify” means to state the: (i) type of
document; (ii) general subject matter; (iii) date of the document; (iv) the author(s), addressee(s), and recipient(s); and (v) its present or last known location and custodian, or, alternatively, to produce the document. If pursuant to Rule 4:8(f) you elect to specify and produce records in answer to any Interrogatory, the specification shall be in sufficient detail to permit us to locate and identify the records from which the answer may be ascertained. E.
The term “communication” means the transmittal of information by any means.
F.
When referring to communications, to “identify” means to state the: (i)
description of the subject matter communicated; (ii) the date it took place; (iii) the means of communication; (iv) the place when it occurred; (v) who initiated the communication; and (vi) the identity of each person who sent, received, participated in, or has knowledge of it. G.
The term “document” and “documents” are defined to be synonymous in
meaning and equal in scope to the usage of the term “documents” in Rule 4:9(a) and include(s) the term “writing”. Electronic mail is included within the definition of the term “document”. A draft or non-identical copy is a separate document within the meaning of the term “document”. H.
The term “concerning” means relating to, referring to, describing, evidencing, or
constituting. I.
The terms “you” or “your” include the person(s) to whom these Interrogatories
are addressed, and all of that person’s agents, representatives, and attorneys. J.
The term “Plaintiff” refers to ERIC BONETTI.
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K.
The terms “and” and “or” shall be both conjunctive and disjunctive.
L.
Where appropriate, the masculine gender may be considered to be substituted
for the feminine gender, and vice versa, and the singular may be considered substituted for the plural and vice versa. M.
Unless otherwise indicated, these Interrogatories refer to the time, place, and
circumstances of the subject matter mentioned or complained of in the pleadings. INTERROGATORIES 1.
Virginia Code § 19.2-142.10 states, “The Court may issue a protective order
pursuant to this chapter to protect the health and safety of the petitioner and family or household members of a petitioner upon (i) the issuance of a petition or warrant for, or a conviction of, any criminal offense resulting from the commission of an act of violence, force, or threat or (ii) a hearing held pursuant to subsection D of § 19.2-152.9.” Virginia Code § 19.2152.9 states, “Upon the filing of a petition alleging that (i) the petitioner is or has ben, within a reasonable period of time, subjected to an act of violence, force, or threat, or (ii) a petition or warrant has been issued for the arrest of the alleged perpetrator for any criminal offense resulting from the commission of an act of violence, force, or threat, the court may issue a preliminary protective order against the alleged perpetrator in order to protect the health and safety of the petitioner or any family or household member of the petitioner.” Explain in detail specifically what exact statements and/or discrete actions caused you to file for a protective order, according to the above statutes, from June 1, 2015 to the present.
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ANSWER:
2.
Explain in detail the facts and circumstances which led to you to fear for your
health and safety and/or feel threatened and to file for a protective order against Plaintiff, including the basis for your allegation and/or belief that Plaintiff suffered from mental illness or condition or has made terroristic threats. ANSWER:
3.
Explain in detail the date when you first learned about Plaintiff’s alleged blog and
when you first began reading entries in Plaintiff’s alleged blog. ANSWER:
4.
Explain in detail the circumstances around your claim, made in writing, under
oath, and while advised by legal counsel in the previous litigation involving this matter that Sigrid Yahner or someone claiming to be her contacted you repeatedly to set up appointments, only to cancel. Include the means by which she or this other individual contacted you (email, phone, letter, in-person, fax, or other), the topic of the conversation; what Ms. Yahner or this other individual requested from you; the specific email addresses, phone numbers, or other means you used when speaking with Ms. Yahner or this individual; and the names and contact information for any witnesses who can corroborate your claim. Bonetti v. Malm Interrogatories to Defendant Page 6 of 15
ANSWER:
5.
Explain in detail the blog entry or entries in which Plaintiff allegedly used the
word “terrorist” or the words “terrorist attacks,” as you stated in your answer to question six of your petition for a protective order, including the date(s) of the blog entry or entries, the full sentence in which the word(s) were used, and the name of the signing author(s). ANSWER:
6.
Explain in detail the blog entry or entries in which Plaintiff allegedly used the
words “psychological torture, murder,” “psychological torture,” and/or “psychological murder,” as you stated in your answer to question six of your petition for a protective order, including the date(s) of the blog entry or entries, the full sentence in which the word(s) were used, and the name of the signing author(s). ANSWER:
7.
Explain in detail the meeting(s) Plaintiff’s history with Grace Episcopal Church,
including the circumstances surrounding Plaintiff’s resignation from the parish vestry, Defendant’s eligibility to serve as trustee following Plaintiff’s resignation from the parish vestry, and attempts by yourself or any other person to remove Plaintiff from the church’s leadership and/or management positions. ANSWER: Bonetti v. Malm Interrogatories to Defendant Page 7 of 15
8.
Explain in detail the meeting(s) that took place in July 2015 that included
yourself and involved discussions regarding Plaintiff, including, but not limited to, the people attending the meeting(s), the time, date, and location of the meeting(s), and whether any evidence or document exists to corroborate what was discussed regarding Plaintiff at the meeting(s). ANSWER:
9.
Explain in detail whether you ever corrected, amended, retracted, or otherwise
modified the order given by the Rev. Leslie Steffensen in July 2015 in which the Grace Episcopal Church staff was instructed to deny Plaintiff access to the church’s buildings. If yes, state the date of your modified order, the manner in which it was communicated, and to whom it was communicated. ANSWER:
10.
Explain in detail whether in or around July 2015 you instructed the Grace
Episcopal Church staff to exclude Plaintiff from participation in Grace Episcopal Church, including to whom you instructed, the date you provided the instruction, and the manner in which you provided the instruction. ANSWER:
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11.
Explain in detail if you were informed from June 1, 2015 to the present about
whether other church members and/or their family members were also engaged in blogging, including the identities of the member(s) engaged in blogging, whether you knew the member(s) intended to continue blogging, and what your response was to learning of the members’ blogging. Include the date you first learned that Lindsey Malm Anders had blogged about your conflict with the Plaintiff. ANSWER:
12.
In an email to bishop Shannon Johnston, you stated that Plaintiff had embezzled
from a previous employer, and that some at Grace Church believed Plaintiff had hacked the church’s infrastructure. Explain in detail the steps you took to verify the truth or accuracy of these statements, and name the person or persons who believe that Plaintiff may have hacked the church’s infrastructure, providing complete contact information for these individuals. Also explain why you falsely stated that the alleged embezzlement occurred prior to Plaintiff’s arrival at Grace Church, when you had discussed related topics with Kelly Gable, Elizabeth Legere, and Plaintiff, and knew this claim to be false. ANSWER:
13. In Interrogatory 12, supra, an email you sent to Bishop Shannon Johnston in referenced. Explain in detail why you did not provide this document in response to discovery in the prior litigation, despite being specifically within the ambit of requested materials. Bonetti v. Malm Interrogatories to Defendant Page 9 of 15
ANSWER: 14.
Explain why a “no contact” agreement, in which the Plaintiff agreed not to
contact you would have been insufficient in lieu of a protective order. ANSWER:
15.
Explain in detail conversations you had with members or staff of St. Paul’s Parish,
located on K Street, Washington, D.C., and First Christian Church, located at 6165 Leesburg Pike, Falls Church, VA, as they pertain to Plaintiff since June 1, 2015, including identifying any person(s) with whom you spoke, the date(s) of the conversations or communications, and the manner of communication. ANSWER:
16.
Explain in detail how you learned of or obtained information pertaining to
Plaintiff’s work at First Christian Church, located at 6165 Leesburg Pike, Falls Church, VA, including identifying any person(s) with whom you spoke, the date you learned of or obtained the foregoing information, and the manner in which you learned of or obtained the foregoing information. ANSWER:
17.
Explain in detail whether you have been the subject of any ecclesiastical
disciplinary proceedings related to this case. Bonetti v. Malm Interrogatories to Defendant Page 10 of 15
ANSWER:
18.
Did your petition for a protective order against the Plaintiff or your arguments or
testimony in subsequent hearings or discovery relating to the protective order contain any false information? If yes, explain in detail what you stated or said was false. ANSWER:
19.
Is it your position that you did not commit perjury when you claimed in writing,
under oath, while advised by attorney Jeffery Chiow, that Sigrid Yahner or someone purporting to be her contacted you repeatedly to set up meetings, only to cancel? If so, state your reasoning for this position. ANSWER:
20.
For any person who possesses knowledge of the facts and circumstances related
to these proceedings or whom you identified in your answers to these interrogatories, provide a summary of his or her knowledge thereof, address, and telephone number, including the Rev. Leslie Steffensen, Ms. Lee Larkin, and Mr. Jeff Aaron, and the Episcopal bishops of Virginia. ANSWER:
21. In your response to Plaintiff’s Requests for Admission, you stated that Plaintiff and his spouse formally resigned their membership in Grace Episcopal Church on or about the Bonetti v. Malm Interrogatories to Defendant Page 11 of 15
summer of 2015. Explain in detail the means by which they did so and name any person who can corroborate your claims. ANSWER:
22. List all phone numbers, email addresses, social media accounts that you, directly or indirectly, have used to discuss the Plaintiff, from July 2015 to the present.
ANSWER:
23. Explain in detail your decision to subpoena Plaintiff’s mother, Sigrid Yahner, your reasons for doing so, why you did not seek leave of court to do so as required by Pennsylvania law, and why you did not seek leave of court when you learned that this was required by law? ANSWER:
24. Explain in detail why you offered to settle this matter in exchange for Plaintiff’s agreement not to further criticize you, particularly in light of your previous claims that Plaintiff threatened you. ANSWER:
25. Explain in detail why you approached Plaintiff on or about June 2019 on Russell Road in Bonetti v. Malm Interrogatories to Defendant Page 12 of 15
Alexandria, stopped your vehicle, and began threatening Plaintiff at a time when you allegedly feared for your physical safety due to Plaintiff’s actions. ANSWER:
26. Explain in detail the meeting in Fredericksburg, VA in May 2017 with the Episcopal bishop of Virginia, including who attended the meeting. Did you make any false statements in the meeting, or any discussions or correspondence related to the meeting? If yes, explain in detail what you stated or said was false. ANSWER:
Respectfully submitted, ERIC BONETTI Pro Se Plaintiff 4129 Fountainside Lane 203 Fairfax VA 22030 Eric.bonetti@me.com
CERTIFICATE OF SERVICE Bonetti v. Malm Interrogatories to Defendant Page 13 of 15
I hereby certify that a copy of the foregoing First Interrogatories to Defendant was emailed and mailed, via USPS First Class mail, to Counsel for Defendant on Wednesday, September 16, 2020 per 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 Street Suite 1400 Baltimore, MD 21202 Telephone: 410-783-6300 Email: dediblasio@nilesbarton.com Counsel for Grace Episcopal Church
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ATTEST: COMMONWEATH/STATE OF _______________ COUNTY OF _______________________ I, ________________________, a Notary Public in and for the County and Commonwealth/State aforesaid, whose commission expires on the ___ day of _____________, 20___, do hereby certify that _______________________, whose name(s) is/are signed to the foregoing writing bearing date of the ___ day of ___________, 20___, has acknowledged the same before me in the County and Commonwealth/State aforesaid. GIVEN UNDER MY HAND THIS ___ day of _______________, 20___. ________________________ NOTARY PUBLIC My commission expires: ____________________________ Notary Registration Number: ________________________ NOTARIAL SEAL REQUIRED.
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