YOU ARE COMMANDED to appear at 4500 140th Ave North, Suite 101, Clearwater, FL 33762, 727-539-7002 for testimony and for the production of documents on April 27, 2000, at 10 am and to have with you at that time and place the documents identified in Exhibit A attached hereto.
It is the intent of this subpoena that each and every document and thing in your care, custody, or control or available to you, no matter how insignificant that item might appear to the party to whom this subpoena is directed, be produced.
TO COMPLY WITH THIS SUBPOENA, YOU ARE TO PRODUCE EACH AND EVERY DOCUMENT OR THING WHICH HAS EVER BEEN A PART OF YOUR FILES.
If any document or thing is not produced you are to identify that document or thing by date, title, author, and recipient and identify the person pursuant to whose instructions the Church of Scientology or things were not produced by name, address and employer.
List of documents to be produced:
1. Any and all records in your possession , custody, or control containing comm, including emails with any or each of the following people:
Patricia Greenway Ken Dandar Dan Leipold Robert S. Minton Dell Liebreich Liebrich family members DAVID MINKOFF Ray Emmons Mike Garko Robert Vaughn Young.
Jesse Prince Grady Ward Keith Henson Steve Hassan Bill Zizic (Chicago) Hana Whitfield Richard Hoffmann Mike McClaughry Mary Fitzpatrick Ingrid Wagner James Siegelman Brian Haney Kathy Skelton Little Lee Skelton Sam Davis Paul Maser Wayne Andrews Bonita Porelano (sp?) Mark Fabyianic Lois Molandes Roger Weller Deneen Phillips Peter Alexander Duncan Pierce Bob Peterson Frank Oliver Tim Walker Joe Cisar David Cecere Steven Fishman Gabe Cazares Gerry Armstrong Any Persons listed on the LMT flyer 2. All audio and video tapes of demonstations, or pickets of any Church of Scientology organization (?) or member thereof.
3. All audio and video tapes relating to Lisa McPherson.
4. All audio and video tapes relating to Scientology.
5. All audio and video tape recordings of any building and conversations outside any buildings believed by you to be owned by any Church of Scientology organizations (?).
6. All audio and video tape recordings of any person believed by you to be a Scientologist.
7. All audio and video tape recordings of any person believed by you to be a FORMER Scientologist.
8. All audio and video tape recordings of statements of any officer, director, employee or volunteer of the LMT, including each person listed on the LMT promotional flier attached hereto.
9. All records relating to the purchase, lease or acquisistion or attempted acquisition of property for the use of any person listed on Exhibit A hereto or any other employee or volunteer of the LMT.
10. All financial records reflecting the reciept by you of funds from Robert Minton, the LMT, Daniel Leipold, the firm of Leipold , Donohue and Shipe, Ford Greene, Kennan Dandar, and the firm of Dandar and Dandar.
11. All financial records reflecting the receipt by you of expense funds or reimbursement for expenses from Robert Minton, the LMT, Daniel Leipold, the firm of Leipold, Donohue and Shipe, Ford Greene, Kennan Dandar and the firm of Dandar and Dandar.
12. Copies of any Scientology unpublished material in your possession.
13. All documents reflecting contacts and communications with the media.
If you fail to appear as specified you may be in contempt of court.
You are subpoenaed by the attorney whose names appear on this subpoena and unless excused from the subpoena by the attorneys of the court you shall respond to this subpoena as directed.
March 26, 2000 /signed/ Kendrick L. Moxon Moxon & Kobrin 3055 Wilshire Blvd., Ste. 900 Los Angeles, CA 90010 The two law firms in NYC and the firm in Tampa that Scientology has hired are also listed on this subpoena.
<end>
From: Grady Ward <grady@gradyward.com>
Subject: Re: Scientology's We Want Everything and We Mean Everything Subpoena
Date: 28 Mar 2000 11:21:50 -0600
Message-ID: <7bq1esse7jr8t7nn5nfse82rh0v4394bvh@4ax.com>
>I'm forwarding this subpoena to my wife, who happens to be a lawyer and
>who happens to be working as a judge's law clerk and who happens to
>have seen a bajillion subpoenas. I want her opinion on how far from
>legal this subpoena is. I'll post her comments later.
From FRCP26:
(b) Discovery Scope and Limits.Unless otherwise limited by order of the court in accordance with these rules, the scope of discovery is as follows: (1) In General. Parties may obtain discovery regarding any matter, not privileged, which is relevant to the subject matter involved in the pending action, whether it relates to the claim or defense of the party seeking discovery or to the claim or defense of any other party, including the existence, description, nature, custody, condition, and location of any books, documents, or other tangible things and the identity and location of persons having knowledge of any discoverable matter. The information sought need not be admissible at the trial if the information sought appears reasonably calculated to lead to the discovery of admissible evidence.
FRCP45:
(3) (A) On timely motion, the court by which a subpoena was issued shall quash or modify the subpoena if it (i) fails to allow reasonable time for compliance; (ii) requires a person who is not a party or an officer of a party to travel to a place more than 100 miles from the place where that person resides, is employed or regularly transacts business in person, except that, subject to the provisions of clause (c)(3)(B)(iii) of this rule, such a person may in order to attend trial be commanded to travel from any such place within the state in which the trial is held, or (iii) requires disclosure of privileged or other protected matter and no exception or waiver applies, or (iv) subjects a person to undue burden. (B) If a subpoena (i) requires disclosure of a trade secret or other confidential research, development, or commercial information, or (ii) requires disclosure of an unretained expert's opinion or information not describing specific events or occurrences in dispute and resulting from the expert's study made not at the request of any party, or (iii) requires a person who is not a party or an officer of a party to incur substantial expense to travel more than 100 miles to attend trial, the court may, to protect a person subject to or affected by the subpoena, quash or modify the subpoena or, if the party in whose behalf the subpoena is issued shows a substantial need for the testimony or material that cannot be otherwise met without undue hardship and assures that the person to whom the subpoena is addressed will be reasonably compensated, the court may order appearance or production only upon specified conditions.
(d) Duties in Responding to Subpoena. (1) A person responding to a subpoena to produce documents shall produce them as they are kept in the usual course of business or shall organize and label them to correspond with the categories in the demand. (2) When information subject to a subpoena is withheld on a claim that it is privileged or subject to protection as trial preparation materials, the claim shall be made expressly and shall be supported by a description of the nature of the documents, communications, or things not produced that is sufficient to enable the demanding party to contest the claim.
(e) Contempt. Failure by any person without adequate excuse to obey a subpoena served upon that person may be deemed a contempt of the court from which the subpoena issued. An adequate cause for failure to obey exists when a subpoena purports to require a non-party to attend or produce at a place not within the limits provided by clause (ii) of subparagraph (c)(3)(A).
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