IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 14-ov-00245-MSK-MJW
REVEREND MATT HALE,
Plaintiff,
V.
FEDERAL BUREAU OF PRISONS,
Defendant.
DEFENDANT'S FIRST INTERROGATORIES AND REQUESTS
FOR PRODUCTION OF DOCUMENTS TO PLAINTIFF
Pursuant to Rules 33 and 34 of the Federal Rules of Civil Procedure, Defendant, through counsel, hereby serves the following interrogatories, to be answered separately and fully in writing and under oath within 30 days of service, and requests for production of documents, to be produced within 30 days of service.
DEFINITIONS
As used in these requests, the following terms include the meanings set forth below:
1. "Plaintiff' shall mean Matt Hale. "You" or Your" is meant to include Plaintiff, and each of Plaintiffs past. present. or future agents. attorneys, and representatives, and where appropriate, all other persons acting for or on behalf of Plaintiff.
2. The "First Amended Complaint" shall mean the First Amended Complaint that is docketed at Docket No. 10.
3. "Document" or "documents" means any record of any kind contemplated within the Federal Rules of Civil Procedure, whether written, graphic, pictorial, photographic, phonographic, mechanical, taped, electronic, or otherwise, and every non-identical copy, now or formerly in your possession, custody or control. Different versions of the same documents, such as different copies of a written record bearing different handwritten notations, are different documents within the meaning of the term as used. In case originals or original non-identical copies are not available, "document" includes copies of originals or copies of non-identical copies, as the case may be.
4. "Creativity" shall mean the entity variously referred to as "The Church of the Creator," "The Church," "The Creativity Movement," and or 'Creativity" in Plaintiff s First Amended Complaint (Doc. 10).
5. The "BOP" means the Federal Bureau of Prisons.
DEFENDANT'S FIRST INTERROGATORIES TO PLAINTIFF
Interrogatory No. 1: Please identify by name, address, telephone number, and email address, the persons who have held positions of leadership in Creativity at any point during the past ten years (since March 1,2006), whether those persons are free or currently incarcerated. The term "leadership" includes all persons who have a leadership role in the organization, including, but not limited to,"Pontifex Maximus," "Pontifex Secundus," "Pontifex Tertius," or "Maximus Praetorian," or who otherwise organize events, or operate websites or web pages, for the group on a local, state, national or international level. If you are not in possession of this information, please identify by name. address, telephone number, and email address the person or persons who are or may be in possession of this information, or who have connections to Creativity that may allow them to obtain this information.
Interrogatory No.2: Please identify by name, address, telephone number and email address, the persons who are or have been "ministers" or "Reverends" in Creativity at any point during the past ten years (since March 1,2006), whether those persons are free or currently incarcerated. The terms "ministers" or "Reverends" here has the same meaning as that term is used in the First Amended Complaint. This request includes "ministers" and "Reverends" in both the United States and in other countries. If you are not in possession of this information, please identify by name, address, telephone number, and email address the person or persons who are or may be in possession of this information or who have connections to Creativity that may allow them to obtain this information.
Interrogatory No.3: Please describe with specificity a one-week sample menu that would satisfy your "Creativity religious dietary requirements" referenced in Claim Eight and Claim Nine of the Amended Complaint. Include in this sample menu 21 meals (i.e., breakfast, lunch and dinner for seven days), and provide specific quantities of the foods listed for each meal (e.g., " two bananas," "three cups of spinach," 'four ounces of raw almonds"), such that a BOP food services provider could ascertain the exact type and quantity of food to provide for each of the 2l meals.
Interrogatory No. 4: Please describe with specificity all attempts you have made to communicate your dietary needs to BOP Religious Services and/or BOP Food Services personnel, including the dates on which those communications occurred, the form or type of communication utilized (written communication, verbal communication, administrative remedy, etc.), the content of your communication, and the response you received from BOP personnel.
Interrogatory No. 5: Please identify all published writings authored by you, including, but not limited to, books, newsletters, "sermons" (as that term is used in the First Amended Complaint), newspaper articles, pamphlets, tracts, and any articles published on any website, including but not limited to the public and restricted portions of the websites freematthale.net, creativity alliance.com, and creativitymovement.net. "Identify" here means to identify the writing by date, edition, ISBN, or any other identifying information that may assist Defendant in locating the writing you have identified. If you are not in possession of some of this information, please provide the location where your writings can be found, or provide the name, address, telephone number, and email address of the person or persons who are or may be in possession of these writings.
Interrogatory No. 6: For the period of time that you have been incarcerated in the BOP, please identify by name, address, telephone number, and email address, all persons who have assisted you with publishing your writings and/or disseminating your writings and messages to others. Include in your response those persons who have assisted you in posting your writings and or messages on websites and all forms of social media (blogs, Twitter, etc.).
Interrogatory No. 7: Please provide the name, address, telephone number, and email address of each individual likely to have discoverable information that you may use to support your claims in this case, along with the subjects of that information. If you are not currently in possession of the contact information for these individuals, please identify by name, address, telephone number, and email address the person or persons who are or may be in possession of this contact information.
Interrogatory No. 8: Please identify all documents, electronically stored information and tangible things that you may use to support your claims in this case. "Identify" here means to identify the author, date, edition, ISBN, or any other identifying information that may assist Defendant in locating the documents you have identified. If you are not in possession of some of these items, please provide the location where these items can be found, or provide the name, address, telephone number, and email address of the person or persons who are or may be in possession of these items.
Interrogatory No. 9: Please provide the name, address, telephone number, and email address of each individual who maintains records for Creativity. "Records" here include, but are not limited to, membership lists or rosters, email lists, records of the "child pledging" and "marriage ceremonies" referenced in paragraph 6 of the First Amended Complaint, property ownership records, and tax records. If you cannot identify these individuals, or are not in possession of the contact information for such individuals, please identify by name, address, telephone number, and email address the person or persons who are or may be in possession of this information, or who have connections to Creativity that may allow them to obtain this information.
Interrogatory No. 10: Please identify the date since you have had the following publications in your cell at the United States Penitentiary, Administrative Maximum ("ADX"):
(a) Nature's Eternal Religion by Ben Klassen, and (b) The White Man's Bibleby Ben Klassen. If you cannot identify the exact date, please identify the approximate date on which these books were provided to you at the ADX.
Interrogatory No. 11: If you are not in possession of or do not have custody or control over any documents, electronically stored information and/or tangible things that are responsive to Defendant's First Requests for Production to Plaintiff, below, please identify by name, address, telephone number, and email address the person or persons who are or may be in possession of these materials, or who may have information as to where the responsive materials might be found.
DEFENDANT'S FIRST REQUESTS FOR PRODUCTION TO PLAINTIFF
Request No. 1: Please provide a copy of all documents identified in your responses to
Defendant's First Set of Interrogatories, above, including, but not limited to all documents, electronically stored information, and tangible things that you may use to support your claims in this case. If you require assistance in obtaining or copying any responsive materials, please state that in your response.
Request No. 2: Please produce copies of any correspondence predating your incarceration in the BOP between you and any persons associated with Creativity, including, but not limited to, Ben Klassen; Richard Lane McCarty, a.k.a. Rick McCarty; Rudy "Butch" Stanko; and James Logsdon. If you require assistance in obtaining or copying any responsive materials, please state that in your response.
Request No.3: Please produce any and all calendars, diaries, correspondence, journals, drawings, or other notes or writings of any kind made by you which pertain to any of the allegations, events or happenings set forth in the First Amended complaint. If you require assistance in obtaining or copying any responsive materials, please state that in your response.
Request No. 4: Please produce all statements, in any form, of any person having knowledge of the allegations, events or happenings set forth in the First Amended Complaint. If you require assistance in obtaining or copying any responsive materials, please state that in your response.
DATED March 1, 2016.
JOHN F. WALSH
United States Attorney
Susan Prose
Assistant United States Attorney
1225 Seventeenth Street Suite 700
Denver, Colorado 80202
Telephone: (303) 454-01 00
Fax: (303) 454-0407
E-mail : susan.prose@usdoj.
gov Counsel for the Federal Bureau of Prisons
UNITED STATES DISTRICT COURT
CERTTFTCATE OF SERVTCE (CM/ECF)
FOR THE DISTRICT OF COLORADO
I hereby certify that on March 1,2016,I delivered the foregoing document to Federal Bureau of Prisons' personnel for hand-delivery to the following:
Matthew Hale
Reg. No. 15177-424 ADX - Florence
P.O. Box 8500
Florence, CO 81226
I further certify that on March 01, 2016, I directed that the forgoing document be placed
in the United States mail addressed to Mr. Hale at the above-referenced address.
s/ Susan Prose
Susan Prose
United States Attorney's Office
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