My former supervisor, the felon Bryan McMillan, at PNNL has a lawyer who requested a “huge number” (my lawyer’s phrase) of items in their response to my lawsuit. The conclusion we may be able to draw from this is they don’t plan to challenge the point of law about it being a wrongful termination to firing someone because they are a gun owner. The have chosen to go the route to try and make it cost me as much money as possible. Pursuant to that tactic they have requested a lot of financial data from me. With this data they can better judge what my ability is to sustain the legal battle. What they will find out is that our house mortgage payment is lower than most people’s rent, we have no other debt, and Barb and I have very high paying jobs. In essence we can, with minor life style changes, sustain the battle until we retire ten or fifteen years from now. And that doesn’t include all the donations I have received (click on the Make a Donation button here).
Assuming I win I’m paying everyone back with interest but we can’t count on that so you should assume it’s a donation. With a big thanks to some people from the Gun Club at Microsoft donations have covered about half of the legal expenses so far with promises of more as the bills come in. So for other side to try and make it too expensive for me to fight is going to be a losing tactic. All they can do is maybe slow down the inevitable and it actually improves the possibility for me to reach the desired end goal. I don’t have the time right now to explain why that is but the basics are that as long as I win this particular legal battle the more money it costs both sides during the process the better chance I have of seeing the felons actually getting convicted.
Anyway… To prove the point that their game plan is to just drive up the costs, which ironically help me achieve my final goal, here is the list of requests (complete with typos) from the other side:
INTERROGATORY 1: State your age, birth date, birth place, height, weight, sex, and Social Security Number.
INTERROGATORY 2: Have you gone under any other name or different spelling of said name? If so, what name or different spelling?
INTERROGATORY 3: List the addresses, with the dates, where you have resided during the past ten (10) years.
INTERROGATORY 4: State the month and year you last attended any school, the highest grade or year completed, and the name and location of said school.
INTERROGATORY 5: If you are married, please state your spouse’s name and the date and place of your marriage. If have been married more than once, state the names and addresses of previous spouse or spouses, if living, and the date and place of their death or your divorce.
INTERROGATORY 6: State the names, addresses, and ages of your children, if any.
INTERROGATORY 7: Set forth the amount of your earnings during each of the past five (5) years and your earnings to date during the current year.
INTERROGATORY 8: Are you claiming damages for lost earning capacity, lost wages or benefits? If so, please state, with specificity:
a. The total amount of claimed damages;
b. How you calculated your damages;
c. All employers relevant to your claim and their addresses and phone numbers; and
d. All dates on which you were unemployed.
INTERROGATORY 9: If you have ever been self-employed, state each period of self-employment and the net monthly earnings of said periods.
INTERROGATORY 10: Have you ever filed for bankruptcy? If so, please state:
a. The dates and places at which any bankruptcies were filed; and
b. Whether the bankruptcy proceedings are still pending or whether they have been resolved. If they have been resolved, please state the date of the dismissal, or discharge, if any.
INTERROGATORY 11: State where you filed your last income tax return, and the year.
INTERROGATORY 12: Have you ever been previously involved in a lawsuit? If so, please state when, where, the nature of the action, the disposition of the case, and the name of the attorney who represented you.
INTERROGATORY 13: Please advise if you have in your possession or if you have access to statements made by any party or witness to this action. (For purposes of this interrogatory, a statement is a written statement signed or otherwise adopted or approved by the person making it or a stenographic, mechanical, electrical, or other recording or transcription thereof which is a substantially verbatim recital of an oral statement by the person making it and reasonably contemporaneously recorded.) If you do, please identify the name of the person making it, the time and place of its taking, the names and addresses of all persons then present and the name and address of the present custodian therefor.
INTERROGATORY 14: Have you ever been admitted to a facility or hospital for the treatment of a psychiatric or psychological problem or condition? If so, state:
a. The name and location of said hospital or facility;
b. Whether said treatment was in-patient or out-patient;
c. The dates of said treatment inclusive;
d. The names and addresses of both treating and admitting physicians, psychologists or care givers; and
e. The type and nature of the treatment received.
INTERROGATORY 15: Give the names, addresses and telephone numbers of any persons known to you or your attorneys having knowledge of facts pertaining to this lawsuit. This interrogatory is intended to include all witnesses known to you or your attorney or agents.
INTERROGATORY 16: Have you ever pled guilty to or been convicted of a crime? If so, state the nature of the crime, the date, and the ultimate disposition of the matter.
INTERROGATORY 17: Have you and/or your spouse/former spouse ever sought marriage counseling? If yes, please state:
a. The name and location of where counseling was provided or sought;
b. The dates of said counseling inclusive;
c. The names and addresses of persons who provided counseling; and
d. The type of nature of the counseling received.
INTERROGATORY 18: Please state the date you were Adischarged@ from Pacific Northwest National Laboratory/Batelle?
INTERROGATORY 19: Please describe in detail the reasons given to you for your discharge, who gave them, and when these reasons were explained to you.
INTERROGATORY 20: Please state the name, address, and phone number of all places at which you have applied for employment since the date of the subject discharge.
INTERROGATORY 21: Please provide details of your current employment including job title, length employed, specifics regarding compensation, duties and if you have a written contract.
INTERROGATORY 22: Since the date of the subject discharge, please state approximately how many days or months you were unemployed.
INTERROGATORY 23: If the answer to the previous Interrogatory was in the affirmative, please state whether you have received any unemployment compensation. If yes, please state the dates you received such compensation and the amount of each payment.
INTERROGATORY 24: During your employment at Pacific Northwest National Laboratory/Batelle, were you ever disciplined or educated as a result of what your supervisor determined to be improper conduct or deviation from the company=s policies or procedures? If yes, please state the dates of such disciplines or educations, persons involved, and the nature and reason for the disciplines or education, persons involved, and the nature and reason for the discipline or education.
INTERROGATORY 25: For all employment held since your discharge from Pacific Northwest National Laboratory/Batelle, please state:
a. The names and addresses of each employer;
b. The name of your position and a brief job description for each position held;
c. The dates of employment with each employer;
d. Your salary or hourly wage for each position held.
INTERROGATORY 26: In addition the preceding Interrogatory, please list all income, of any type, which you have received since the date of your discharge from Pacific Northwest National Laboratory/Batelle. State the source of the income, and the total income received from each source, including but not limited to, worker=s compensation benefits, unemployment benefits, Social Security benefits, income from jobs, and all income from any other source whatsoever. If you received unemployment or worker=s compensation benefits which are the responsibility of more than one employer, state which employer is responsible for each amount of the benefit.
INTERROGATORY 27: Please identify by name and address each person consulted by you as an expert and whom you expect to call as an expert witness at the time of trial. Additionally, as to such individuals so identified, state the subject matter on which the expert is expected to testify and state the substance of the facts and opinions to which the expert is expected to testify, giving a summary of the grounds for each opinion.
INTERROGATORY 28: State whether or not you have received any reports of any kind concerning any aspect of your case. If your answer is in the affirmative, state:
(a) What is the general subject of the report?
(b) The name, title or specialty, address and phone number of the person or expert or experts who made said report or reports.
(c) Who has custody of such report or reports?
INTERROGATORY 29: Please describe and list each website maintained by you during the time of your employment at PNNL/Batelle and thereafter, including but not limited to the name of each website, its general subject matter, its URL, and the dates when such website was established.
INTERROGATORY 30: Other than the websites described in your answer to Interrogatory 30, please describe and list each website where you have posted content of any kind or nature that could be viewed by other users of such website during your employment at PNNL/Batelle and thereafter, including the dates that such posts were made and the names and URLs of websites where such posts were made.
INTERROGATORY 31: Of the websites listed in your answer to Interrogatory 31, please list specifically which websites you posted content referencing your employment at or information about PNNL/Batelle, including the dates of such posts and the name and URL of such websites.
INTERROGATORY 32: For each post described in your answer to Interrogatory 32, please describe in detail the content of such post.
INTERROGATORY 33: While employed at PNNL/Batelle did you ever access the internet at work for a non-work related purpose? If yes, please state the approximate dates of such access, the website you visited, its URL, and the purpose of accessing this website.
INTERROGATORY 34: Please provide all facts to support the allegation in your Complaint that you were Acertified as a firearms instructor,@ including but not limited to the date of your certification and what agency or group granted you certification.
INTERROGATORY 35: Please provide all facts to support that PNNL/Batelle knew that you were Acertified as a firearms instructor@ during your employment and/or that this influenced the decision to terminate you.
INTERROGATORY 36: Please list the names of all the people present in May 17, 2005 meeting alleged in your Complaint, and describe what each person told you at this meeting, including the name and URL of the website(s) where it was asserted that you Areleased business and customer-sensitive information.@
INTERROGATORY 37: Please list the dates and times that APNNL Investigators@ visited your Agun-related websites@ as alleged in your Complaint.
INTERROGATORY 38: Please state the name of the AHuman Resources Specialist@ referenced in paragraph 3.9 of your Complaint, as well as the names of any others present at this meeting.
INTERROGATORY 39: Did you ever allow others to access the internet through PNNL/ Batelle owned computers? If yes, please list the dates and times that you allowed others to access PNNL/Batelle owned computers and the name of such persons.
INTERROGATORY 40: Please state the name of the manager referenced in paragraph 3.10 of your Complaint.
INTERROGATORY 41: Please provide all facts to support your allegation that Afollowing [your] suspension, neither Plaintiff nor any of his co-workers, project managers, or program managers were asked any questions.@
INTERROGATORY 42: Please describe in detail what was told to you regarding how you inappropriately and without authorization used PNNL computing resources, failed to comply with company standards, disclosed or used proprietary or confidential information without authorization, and were dishonest as stated in your Complaint at paragraph 3.14.
INTERROGATORY 43: State the names of any others who were present at your meeting with Bryan McMillan described in paragraph 3.14 of your Complaint.
INTERROGATORY 44: Please provide all factual support for your allegation that Athe proffered reasons for Plaintiff=s discharge are false and pretextual,@ as alleged in your complaint.
REQUEST FOR PRODUCTION 1: Please provide legible copies of your income tax returns for the last five (5) years.
REQUEST FOR PRODUCTION 2: Please provide legible copies of all transcripts or statements of any party or witness to this action.
REQUEST FOR PRODUCTION 3: Please provide legible copies of all diaries, notes, memoranda, photographs, records, letters, or documents of any kind pertaining to the liability or damage claims of plaintiff. This request for production is not meant to include materials prepared in anticipation of litigation, attorney work product, or confidential attorney-client communications.
REQUEST FOR PRODUCTION 4: Please provide true and accurate copies of all job applications you have filled out and submitted since the time of the subject discharge.
REQUEST FOR PRODUCTION 5: Please provide legible copies of all resume or curriculum vitae which you have sent to an employer since the time of the subject discharge.
REQUEST FOR PRODUCTION 6: Please provide legible copies of every record or document in your possession which is connected to, relates to, or is otherwise associated with your employment with defendant. This request for production includes, but is not limited to, correspondence from or to defendant, written reprimands, performance evaluations, and any other documents received by you which relate to your employment with defendant.
REQUEST FOR PRODUCTION 7: Please provide legible copies of all reports, of any kind, including but not limited to reports of your experts, concerning any aspect of your case.
REQUEST FOR PRODUCTION NO. 8: For the websites listed in your answer to Interrogatory 30, please provide a hard copy of the log history of each website, from the date you began employment at PNNL/Batelle to date, showing who logged onto each website, at what time, and for how long. Please indicate on the log history, if it is not readily apparent, which entries you believe represent APNNL investigators@ and which represent you.
REQUEST FOR PRODUCTION NO. 9: For the websites listed in your answers to Interrogatory 30-32, please provide a hard copy of each posting made by you, from the date you began employment at PNNL/Batelle to date. This request is intended to include posts in their original form as initially posted as well as any modifications, deletions, or additions made thereafter. The hard copy may be from the website, from a back-up copy of the posting made by whomever maintains the server, or from any other means available to you.