(NOTE: answers by Grady Ward are in parenthesis following the
Thomas R. Hogan, Esq., California State Bar No. 042048 LAW OFFICES OF THOMAS R. HOGAN 60 South Market Street, Suite 1125 San Jose, CA 95113-2332 Telephone: (408) 292-7600 Helena K. Kobrin 7629 Fulton Avenue North Hollywood, California 91605 Telephone: (213) 960-1933 Attorneys for Plaintiff RELIGIOUS TECHNOLOGY CENTER UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA RELIGIOUS TECHNOLOGY CENTER, a ) California non-profit corporation, ) ) Plaintiff, ) ) v. ) ) GRADY WARD, ) ) Defendant. ) __________________________________ ) No. C 96-20207 RMWNOTICE OF DEPOSITION OF DEFENDANT GRADY WARD AND REQUEST FOR PRODUCTION OF DOCUMENTS AND THINGS
TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD:
PLEASE TAKE NOTICE THAT pursuant to written stipulation, Rule 30 of the Federal Rules of Civil Procedure, and the Court's order, plaintiff RELIGIOUS TECHNOLOGY CENTER does hereby notice the deposition of GRADY WARD to be taken at Crnich Deposition located at 626 "H" Street, Eureka, California 95501, commencing at 9:00 a.m. on April 8, 1996, and continuing from day to day thereafter, as approved by the Court, excluding Saturday, Sunday and holidays, until completed before a notary public authorized to administer the oath. The deposition will be recorded stenographically and may be recorded by sound and visually.
PLEASE TAKE FURTHER NOTICE THAT Mr. Ward is hereby requested, pursuant to Rule 34 of the Federal Rules of Civil Procedure, written stipulation, and the Court's order, to
produce at the Law Offices of Thomas R. Hogan, Esq., 60 South Market Street, Suite 1125, San Jose, California 95113, on April 6, 1996, or as otherwise specified herein, the documents and things requested in Exhibit A attached hereto which are in the possession, custody, or control of Mr. Ward. Should the deposition be postponed for any reason, you will remain obligated to produce documents on this date.
A list of all parties or attorneys for parties on whom this Notice
of Deposition is being served is shown on the accompanying Proof
Dated: April 2, 1996 Thomas R. Hogan
LAW OFFICES OF THOMAS R. HOGAN
Roger M. Milgrim
William M. Hart
PAUL, HASTINGS, JANOFSKY
Eric M. Lieberman
RABINOWITZ, BOUDIN, STANDARD
KRINSKY & LIEBERMAN, P.C.
Helena K. Kobrin
Attorneys for Plaintiffs
RELIGIOUS TECHNOLOGY CENTER
DEFINITIONS AND EXPLANATIONS
1. As used herein, the term "document" includes all written, typewritten, printed machine readable and graphic materials of whatever kind or nature, including, but not limited to, correspondence, notes, memoranda, telegrams and cables, telexes, telecopies, panafaxes, publications, contracts, agreements, insurance policies, minutes, offers, analyses, projections, studies, books, papers, records, reports, lists, calendars, diaries, statements, complaints, filings with any court, tribunal or governmental agency, corporate minutes, partnerships, agreements, ledgers, transcripts, summaries, agendas, bills, invoices, receipts, estimates, evaluations, personnel files, certificates, instructions, manuals, bulletins, advertisements, periodicals, accounting records, checks, check stubs, check registers, canceled checks, money orders, negotiable instruments, sound recordings, films, photographs, mechanical or electronic recordings, tapes, transcriptions, blueprints, computer programs and data, data processing cards, computer disks, CD-ROMS, computer tapes, software, e-mail, news postings, computer directory listings, access time records, instruction manuals, x-rays, laboratory reports and all other medical tests and test results, and computer media of any description, whether in draft or otherwise, whether encrypted or plain text, whether compressed in any fashion or uncompressed including but not limited to, copies and non-identical copies (whether different from the originals because of notes or marks made on or attached to said copies or otherwise). The term "documents" shall include both visually perceptible copies and copies which are electronically perceptible by machine of any responsive items.
2. The words "and" and "or" as used herein shall both mean "and/or."
3. The terms "you" as used herein means the deponent.
4. The term "Advanced Technology" refers to the Scientology materials otherwise known as "OT Levels" or "Advanced Courses" or "Upper Levels," and includes OTI, II, III, IV, V, VI, VII and VIII, New Era Dianetics for Operating Thetans ("NED for OTs" or "NOTs"), Solo 2, Power (Grades V and VA), R6EW, Clearing Course, Sunshine Rundown, Class VIII, IX, X, XI and XII courses, L-10, L-11 and L-12.
5. The term "relating" or "related" mean, in addition to their customary and usual meanings, addressing, concerning, discussing, referring to, pertaining to, reflecting, evidencing, stating, showing, analyzing, regarding, summarizing, or recording.
6. The term "the Works" refers to those works referenced in Exhibits A, B, and C to the Complaint.
7. The term "Scamizdat" refers to any of several anonymous postings to the Internet which contained copies of works by L. Ron Hubbard, and were either labeled as a Scamizdat posting or later referred to as such.
8. The term "USENET newsgroup" refers to a discussion group which can be accessed via the Internet.
9. Pursuant to written stipulation, if in response to this deposition notice you have a lawful objection to producing any document called for herein, you are to make such objection known in writing addressed to the undersigned by April 4, 1996. Thereafter you shall cooperate with the undersigned in resolving such objection if any, so as to produce all documents called for in this deposition notice by April 6, 1996.
DOCUMENTS AND THINGS TO BE PRODUCED
1. All copies of the OT III documents which were posted to the Internet in or about February, 1995 under the header attached hereto as Exhibit 1. (NONE)
2. All copies of NED for OTs Series 1 which was posted to the Internet in or about February, 1995 under the header attached hereto as Exhibit 2. (NONE)
3. Any and all documents relating to posting, reproduction, distribution, or display of works of L. Ron Hubbard, including but not limited to, the Works. (NONE)
4. Any and all documents relating to your solicitation from others of copies of works of L. Ron Hubbard, including but not limited to, the Works. (NONE)
5. All documents which you have received as a result of your solicitation of NOTs materials, OT materials, or other Scientology materials. (NONE)
6. All documents relating to posting of Scientology materials on the Internet, including without limitation, ftp sites, web sites, or newsgroups. (NONE)
7. Any and all documents relating to acquisition of any Advanced Technology documents. (NONE)
8. Any and all document relating to the identify of any individual who has posted any of the Advanced Technology to the Internet, either under that person's own name or via an anonymous remailer. (NONE)
9. Any and all documents relating to postings made by you, whether under you own name, a pseudonym, or anonymously to the USENET newsgroups entitled alt.religion.scientology, alt.2600, alt.activism, comp.org.eff.talk, or any other newsgroup relating to the Advanced Technology. (NONE)
10. Any and all documents relating to the posting of Advanced Technology documents to the USENET newsgroup entitled alt.religion.scientology, including, without limitation, copies of such postings or discussions of such postings, whether actual or planned. (NONE)
11. Any and all documents relating to postings of Advanced Technology materials, including, but not limited to, actual postings or discussions of such postings, whether actual or planned, made through the following servers:
a. freezone.remailer (NONE)
b. nately.ucsd.edu (NONE)
c. penet.fi (NONE)
d. replay.comm (NONE)
e. utopia.backtic.nl (NONE)
12. All documents relating to communications between you and anyone regarding your posting of works by or alleged to be by L. Ron Hubbard, whether under your own name, a pseudonym, or anonymously, including, but not limited to, discussions prior to or following such postings. (NONE)
13. Any and all documents relating to communications with the following individuals relating to the Advanced Technology:
a. Alex DeJoode (NONE)
b. Dennis Erlich (NONE)
c. Steven Fishman (NONE)
d. Johan Helsingius (NONE)
e. Jeff Jacobsen (NONE)
f. Keith Henson (NONE)
g. Tom Klemesrud (NONE)
h. Arnaldo Lerma (NONE)
i. Peter Mante (NONE)
j. Ron Neuman (NONE)
k. Robert Penny (NONE)
l. Felipe Rodriquez (NONE)
m. Karin Spaink (NONE)
n. Shelly Thomson (NONE)
o. David Touretzky (NONE)
p. Lawrence Wollersheim (NONE)
14. All documents showing the name, address, and/or telephone number of anyone to whom you have sent Advanced Technology materials, whether in hard copy or electronic form. (NONE)
15. All documents showing the name, address, and/or telephone number of anyone who has sent Advanced Technology materials to you, whether in hard copy or electronic form. (NONE)
16. All documents sent to you by Arnaldo Lerma related to the Advanced Technology, including, but not limited to, transmissions or discussions of such documents. (NONE)
17. Any and all documents relating to the licensing or customer agreement between you and any Internet access provider. (NETCOM, NORTHCOAST, HUMBOLDT license agreements, if found)
18. Any and all documents regarding Netcom On-Line Communication Services, Inc. or any other Internet access provider warning you regarding the posting of copyrighted materials on the Internet or any other activity by you through that access provider's facilities. (NONE)
19. Any and all documents relating to Netcom On-Line Communication Services, Inc. or any other Internet access provider taking disciplinary action against you regarding the posting of copyrighted materials on the Internet or any other activity by you through that access provider's facilities. (NONE)
20. Any and all documents relating to Scamizdat, including, without limitation, persons in active concert or participation with Scamizdat, acting on its behalf, or controlling its activities. (NONE)
21. Any and all documents relating to postings by Scamizdat on the Internet, including, without limitation, the posting themselves, predictions of such postings, and references to Scamizdat. (NONE)
22. All documents relating to the First Electronic Church of SCAMIZDAT. (NONE)
23. All documents on which you based your posting of August 1, 1995 which stated that "SCAMIZDAT #10 is going to post the complete Fishman appendices, including all the OT levels I-VIII." (NONE)
24. All documents upon which you based your "suspicions," as referenced in The Recorder of March 25, 1996, about the identity of SCAMIZDAT. (NEED TO SEE ARTICLE BEFORE I CAN EVALUATE REQUEST)
25. Any and all documents relating to confidentiality agreements pertaining to the Works. (NONE)
26. All documents relating to communications you have received from or sent to any representative of Religious Technology Center or any Church of Scientology, including any attorney acting on their behalf. (LANHAM ACT)
27. All documents relating to your attempts to discredit Helena Kobrin as an attorney acting on behalf of Religious Technology Center in protecting its intellectual property rights. (HOW DOES THIS RELATE TO COMPLAINT?)
28. All documents relating to telephone records from July 1, 1994 to the present. (ALL THE PAGE 1s I HAVE)
29. All documents concerning the use by you, or anyone acting directly or indirectly under your control or in concert or participation with you, of storage facilities away from your primary residence. (NONE)
30. All documents discussing your scanning of any writings by L. Ron Hubbard, including, but not limited to, Advanced Technology materials, books, policy letters, bulletins, and transcripts of any audio or video taped materials, or any other materials related to the Church of Scientology, on your computer. (NONE)
31. All documents relating to software programs which you have created regarding any of the following: anonymous remailers, USENET news, Internet access, scanning of documents onto computer media, uploading or downloading of documents onto computer media, encryption of computer transmissions or files, lexicons, Scientology materials, or copyrights. (LEXICON BROCHURE, MOBY LEXICONS)
32. All documents relating to software programs which you use regarding any of the following: anonymous remailers, USENET news, Internet access, scanning of documents onto computer media, uploading or downloading of documents onto computer media, encryption of computer transmission or files, lexicons, Scientology materials, or copyrights. (DOES THIS MEAN PRODUCT MANUALS?)
33. All documents relating to any works which you have written regarding any of the following: anonymous remailers, USENET news, Internet access, scanning of documents onto computer media, uploading or downloading of documents onto computer media, encryption of computer transmission or files, lexicons, Scientology materials, or copyrights. (NONE)
34. All shredders. (WILL BRING FOR INSPECTION)
35. All scanning equipment. (WILL BRING FOR INSPECTION)
36. All locks which you place on any cabinet or other container in which you have placed Scientology materials. (NONE)
37. All documents relating to procedures for shredding documents, either hard copy or in electronic form. (NONE)