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 Defendants
AMENDED REQUEST FOR PRODUCTION OF DOCUMENTS COMES NOW Plaintiff, Eric J. Bonetti, and files this request for production of documents pursuant to the Federal Rules of Civil Procedure to Defendant Robert H. Malm. 1. In your responses to Plaintiff’s request for an injunction, you state that a two-year protective order was entered based on harassment and threats against Defendant Malm and his family Please provide a copy of the legislation or a citation to the relevant legislation in which a protective order is authorized based on allegations of harassment. 2. In conjunction with Request Number 1, please provide copies or documentation of all threats that you allege Plaintiff has made against Defendant Malm and his family. In doing so, indicate the source, and author, the date of publication, and the exact words that constituted a threat of imminent harm pursuant to the Virginia protective order statute. Because Defendant Malm withheld at least 16 documents directly within the purview of discovery in the initial litigation, including two facially detrimental to Malm’s claims that he had been threatened, you are requested not to refer to documents previously supplied, but instead to supply all relevant, nonprivileged documents in your possession or control. If any are withheld due to privilege, identify the document, its non-privileged content, and the reason you assert it is privileged. If
1
any such documents have been destroyed, indicate by whom and when. And if any documents are redacted, indicate when, by whom, and the reason for the redaction. 3. In your pleadings, you state that “plaintiff’s blog continues to harm the Defendants.” Provide copies of all statements on the blog that you contend are harmful, the date of publication and the author, and identify the exact language you contend is harmful. You are requested to serve copies of these documents via email or overnight mail to Plaintiff per the information contained at the end of this Request for Production of Documents within 30 days of service, which is being sent via email April 16, 2021. A copy of this request is being sent to defense counsel per the following and 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. For your convenience and the sake of clarity, a copy of the relevant memorandum of law is attached. 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
2
Alexandria, Virginia 22313 George.mcandrews@alexandriava.gov I swear and affirm that the foregoing is accurate and true, to the best of my knowledge and belief. Respectfully submitted, Eric J. Bonetti Pro se plaintiff 4129 Fountainside Lane 203 Fairfax VA 22030 703-973-4984 Eric.bonetti@me.com
3