STEINBUCH v. CUTLER

Filing 52

ENTERED IN ERROR. . . .MOTION to Compel to Deem Rule 36 Requests Admitted, Motion to Compel Discovery, and Alternative Motion to Preclude Evidence and Incorporated Memorandum of Law, MOTION for Discovery by JESSICA CUTLER. (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3# 4 Exhibit 4# 5 Exhibit 5# 6 Exhibit 6# 7 Exhibit 7# 8 Exhibit 8)(Billips, Matthew) Modified on 10/11/2006 (td, ).

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STEINBUCH v. CUTLER Doc. 52 Att. 1 Case 1:05-cv-00970-PLF-JMF Document 52-2 Filed 10/10/2006 Page 1 of 42 U N IT E D STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA R O B E R T STEINBUCH, ) ) P la in t if f , ) ) v. ) C a se No. 1:05-CV-970 (PLF) ) J u d g e Paul L. Friedman JE S S IC A CUTLER, ) ) D efen d an t ) _ _ _ _ _ _ ________________________________) D E F E N D A N T 'S FIRST REQUEST FOR ADMISSIONS F IR S T INTERROGATORIES AND F IR S T REQUESTS FOR PRODUCTION OF DOCUMENTS P u rsu an t to Rule 33 of the Federal Rules of Civil Procedure, Defendant, by and th ro u g h the undersigned counsel of record, does hereby serve upon you the following w ritten Requests for Admission, Interrogatories and Requests for Production of D o cu m en ts for the purpose of discovery of certain matters which are relevant to the ab o v e-styled pending action or which may lead to the discovery of relevant in fo rm atio n . You are required to answer each Request for Admission within 30 days after service of the request by serving upon the undersigned counsel for Defendant a w r itten answer addressed to the matter which you are requested to admit, signed by th e you or by your attorney. If you state an objection in lieu of or in addition to your resp o n se, the reasons therefor shall be stated. 1 Dockets.Justia.com Case 1:05-cv-00970-PLF-JMF Document 52-2 Filed 10/10/2006 Page 2 of 42 E ach answer must specifically deny the matter or set forth in detail the reasons w h y you cannot truthfully admit or deny the matter. Any denial must fairly meet the su b stan ce of the requested admission, and if good faith requires that you qualify you an sw er or deny only a part of the matter of which an admission is requested, you must sp ecify so much of it as is true and qualify or deny the remainder. You may not give lack of information or knowledge as a reason for failure to admit or deny unless you states truthfully that you have made reasonable inquiry and that the information k n o w n or readily obtainable by you is insufficient to enable you to admit or deny. Y o u are required to answer each Interrogatory separately and fully in writing an d under oath and to answer each Request for Production separately, producing resp o n siv e documents with your response, by serving your responses and documents u p o n the undersigned counsel for Defendant within 30 days after service of the In terro g ato ries and Requests for Production. If you object to any one or more of the In terro g ato ries or Requests for Production of Documents, then the precise reason(s) f o r your objection(s) shall be stated in lieu of and/or in addition to your answer. T h ese Interrogatories and Requests for Production are continuing in nature; that is, if an y additional or different information comes to your attention between the date of yo u r answer and the time of trial, then your Answer and production of documents m u st be supplemented or amended to include such additional or different information. 2 Case 1:05-cv-00970-PLF-JMF Document 52-2 Filed 10/10/2006 Page 3 of 42 Y o u are requested to produce the documents at the offices of MILLER & BILLIPS, 7 3 0 Peachtree Street, Suite 730, Atlanta, Ga. 30308 on the thirty-third day following serv ice of this Request. IN S T R U C T IO N S AND DEFINITIONS 1. "P erso n " refers to any natural person, firm, corporation, partnership, joint v en tu re, or any other form of business entity. 2. " D o c u m e n ts " refer to all communications in whatever form and however a n d by whomever made, including but not limited to the following items, whether p r in te d , recorded or filmed, or reproduced by hand, and whether in the form of an o rig in al or copy, namely, without limitation: agreements; communications; c o r r e sp o n d e n c e; cablegrams; radiograms; telegrams; notes; memoranda; summaries o f telephone conversations, meetings and conferences, including lists of persons a tte n d in g such meetings or conferences; summaries and records of personal co n v ersatio n s or interviews; books; manuals; publications; diaries; charts; p h o to g rap h s; summaries; records of investigations; opinions and reports of c o n s u lta n ts ; brochures; pamphlets; financial statements; checks; invoices; ledger sh eets; journal entries; punch lists; tapes, disks, or other electronic media; writing or p h y sic al thing, including all drafts of originals and preliminary notes on or marginal co m m en ts concerning each of the above-described documents. When a document is 3 Case 1:05-cv-00970-PLF-JMF Document 52-2 Filed 10/10/2006 Page 4 of 42 m a in ta in e d in more than one of the preceding forms, please identify each and every fo rm in which such document is maintained. "Documents" shall include electro n ically stored information, including metadata associated therewith. 3. T h e term "thing" means anything tangible which constitutes or contains m atters within the scope of Fed. R. Civ. P. 26. 4. "P lain tiff" or "you" or "yours" refers to Plaintiff herein and/or any agent o r representative of any of the Plaintiff, including, but not limited to, attorneys. 5. W h en asked to identify an individual, state said individual's name, home an d business address, home and business telephone number, occupation, title or p o s itio n , and employer. 6. W h e n asked to identify a document or thing, describe the type of d o cu m en t or thing (i.e., whether a letter, memo, invoice, check, etc.), the date or ap p ro x im ate date of preparation of said document, the name and address of the current c u s to d ia n of the document, the number of pages of such document, and a general d escrip tio n of the substance of such document. Whenever production is requested of a document which is no longer in your possession, custody or control, your response sh o u ld identify the document by name, number, form or description, and by date m ad e, and the date which the document was most recently in your possession, custody o r control, the disposition made of the document, and the identity of the person or 4 Case 1:05-cv-00970-PLF-JMF Document 52-2 Filed 10/10/2006 Page 5 of 42 p erso n s now in the possession, custody or control of such document. If the document h as been destroyed, the response should state the reason for its destruction and the id e n tity of the person or persons who destroyed the document and who directed that d o cu m en t be destroyed. 7. If you object to part of a Request for Admission, an Interrogatory or R eq u est for Production and refuse to answer that part, state your objections and an sw er the remaining portion of that request. If you object to the scope or time period o f the request and refuse to answer for that scope or time period, state your objection a n d answer the request for the scope or time period you believe is appropriate. If any of the following requests cannot be responded to in full after exercising d u e diligence to secure the information, please so state and answer to the extent p o s sib le , specifying your inability to answer the remainder, and stating whatever in fo rm atio n you have concerning the unanswered portions. If your response is q u alified in any particular, please set forth the details of such qualifications. 8. I n the event you wish to assert attorney/client privilege or work-product ex clu sio n , or both, or any other privilege which you claim in good faith to be ap p licab le, as to any information or document requested by any of the following s p e cif ic requests, then as to each response subject to such assertion, you are requested to provide Defendant with identification of such information or document in writing, 5 Case 1:05-cv-00970-PLF-JMF Document 52-2 Filed 10/10/2006 Page 6 of 42 su ch identification to include the nature of the information and/or document, the au th o r, the recipient(s), the recipient of each copy, the date, the name of each person to whom the information or such document was provided, the names appearing on any c ir cu la tio n list of the department associated with any such document, a summary statem en t of the subject matter of the information or document in question in su fficien t detail to permit the Court to reach a determination in the event of a motion to compel, and an indication of the basis for assertion of the privilege in question. 9. W h en asked to identify a meeting, conference, or discussion, state the d ate of such meeting, conference or discussion and identify all persons participating h erein . "Meeting, conference, or discussion" shall include, without limitation, any v erb al communication from one individual to another, regardless of formality, length o f communication, or whether there was any reply. R E Q U E S T S FOR ADMISSION P lease admit or deny each of the following facts: 1. O n or before Tuesday, May 18, 2004, 2:10 p.m., EST, Defendant published the fo llo w in g entry in her web log: I just took a long lunch with F and made a quick $400. When I returned to the office, I heard that my boss was asking about my whereabouts. L o s e r. 6 Case 1:05-cv-00970-PLF-JMF Document 52-2 Filed 10/10/2006 Page 7 of 42 2. O n or before Tuesday, May 18, 2004, 10:59 a.m., EST, Defendant published th e following entry in her web log: R S called last night. He had a visitor flying in from NYC who was stuck in a holding pattern over DC for an hour. (Who flies from NY to DC an ym o re? Take the train! Or the $10 Chinatown bus.) H e was bored, so he picked me up and took me back to his house. His f rie n d arrived around 11:30pm, and was exhausted from his hellish plan rid e. So Rob and I went upstairs and got ready for bed. W arn in g : the following passage is extremely corny. Get ready to vom. S o I get into bed and by then, it's midnight. "W h at time is it?" RS asks. "M id n ig h t," I reply. "D o you know what that means?" " U h ...n o ." " T h a t means it's your birthday." And he pulls out this pink and green p ack ag e, and I just know it's a new Lilly dress. A n d it was. Then we fucked missionary. And he came. With a condom on. T h e n he was like, "Who the hell comes missionary anymore?!" Is that the quote of the day or what? 7 Case 1:05-cv-00970-PLF-JMF Document 52-2 Filed 10/10/2006 Page 8 of 42 3. Y o u telephoned Jessica Cutler on the evening of May 17, 2004. 4. O n the evening of May 17, 2004, you told Jessica Cutler that you had a visitor flyin g in from NYC who was stuck in a holding pattern over DC 5. O n the evening of May 17, 2004, you picked Ms. Cutler up and took her back to your house. 6. T h e visitor referenced in Paragraph 2, above, arrived around 11:30pm on the ev en in g of May 17, 2004. 7. O n the evening of May 17, 2004, you and Ms. Cutler went upstairs and got read y for bed while your friend referenced in the preceding paragraph was in your house. 8. O n the evening of May 17, 2004, after you got into bed with Ms. Cutler, you a n d asked her what time it was. She informed you that it was midnight. You asked 8 Case 1:05-cv-00970-PLF-JMF Document 52-2 Filed 10/10/2006 Page 9 of 42 h e r if she knew what that meant. You told her that it meant that it was her birthday. Y o u gave her a birthday present. 9. O n or about midnight, May 17, 2004 or in the early morning of May 18, 2004, yo u had sexual intercourse with Defendant, in the missionary position, while wearing a condom, and ejaculated. 10. O n or about midnight, May 17, 2004 or in the early morning of May 18, 2004, a fte r you had sexual intercourse with Defendant, you stated "Who the hell comes m issio n ary anymore?" or words having a substantially similar meaning. 11. O n or before Monday, May 17, 2004, 8:56 a.m., EST, Defendant published the fo llo w in g entry in her web log: F ir st, I want to give a shout-out to my friend's blog, Clueless. It is much f u n n ier than mine. I sent her an e-mail telling her this and she wrote b ack : "Y o u 're crazy--my blog is so boring compared to yours. I'm like, ooooh, I made eye contact with someone today! Yours actually has action o ccu rrin g on a daily basis. Trust me, it's very entertaining." N o t so today. I had a lovely weekend, but nothing awesome happened. L ik e, on Friday, I ate a really good quesadilla and went to a movie. (So w h a t? ) 9 Case 1:05-cv-00970-PLF-JMF Document 52-2 Filed 10/10/2006 Page 10 of 42 O n Saturday, I went to Eastern Market with RS and we walked around h o ld in g hands. (Who cares?) O n Sunday, I did errands. (Bring a book!) O h , I forgot: I learned that RS has a twin! (Unf, nobody finds this as fascin atin g as I do.) G ettin g involved in a new relationship really just means ruining your n ig h tlife. I resolve not to let this happen to me: I got bored and restless in my last relationship, and look what happened. Call it Madame Bovary S yn d ro m e. Going out and getting trashed at least three times a week is th e only cure. 12. P r i o r to May 16, 2004, you disclosed to one or more person(s) other than D efen d an t that you were having a sexual relationship with Defendant. 13. P r io r to May 16, 2004, you discussed with one or more person(s) other than D efen d an t that you were having a sexual relationship with Defendant. 14. P r io r to May 16, 2004, you discussed with one or more person(s) other than D efen d an t that your sexual relationship with Defendant had included spanking. 15. P r io r to May 16, 2004, you discussed with one or more person(s) other than D efen d an t that your sexual relationship with Defendant had included oral sex. 10 Case 1:05-cv-00970-PLF-JMF Document 52-2 Filed 10/10/2006 Page 11 of 42 16. P r io r to May 16, 2004, you discussed with one or more person(s) other than D efen d an t that your sexual relationship with Defendant had included sex in the m issio n ary position. 17. P rio r to May 16, 2004, you were aware that your sexual relationship with D e fe n d a n t was known to one or more persons other than Defendant who were e m p lo y e d in the office of United States Senator Michael Dewine. 18. P rio r to May 16, 2004, you discussed the fact of your sexual relationship with D efen d an t with one or more persons other than Defendant who were employed in the o f f ic e of United States Senator Michael Dewine. 19. P rio r to May 16, 2004, you were aware that your sexual relationship with D e fe n d a n t was known to one or more persons other than Defendant who were e m p lo y e d by the United States Senate Judiciary Committee 11 Case 1:05-cv-00970-PLF-JMF Document 52-2 Filed 10/10/2006 Page 12 of 42 20. P rio r to May 16, 2004, you discussed the fact of your sexual relationship with D efen d an t with one or more persons other than Defendant who were employed in the o f f ic e of United States Senate Judiciary Committee 21. P rio r to May 16, 2004, you were aware that your sexual relationship with D e fe n d a n t was known to one or more persons other than Defendant who were e m p lo y e d by the United States Senate. 22. P rio r to May 16, 2004, you discussed the fact of your sexual relationship with D efen d an t with one or more persons other than Defendant who were employed in the o f f ic e of United States Senate. 23. O n or before Friday, May 14, 2004, 4:34 p.m., EST, Defendant published the fo llo w in g entry in her web log: I got a raise today! Now I make $25K. (W asn 't that what I was making before??) M o st of my living expenses are thankfully subsidized by a few generous o ld e r gentlemen. I'm sure I am not the only one who makes money on th e side this way: how can anybody live on $25K/year?? 12 Case 1:05-cv-00970-PLF-JMF Document 52-2 Filed 10/10/2006 Page 13 of 42 If you investigated every Staff Ass on the Hill, I am sure you would find o u t some freaky shit. No way can anybody live on such a low salary. I am convinced that the Congressional offices are full of dealers and hos. 24. O n or before Friday, May 14, 2004, 3:48 p.m., EST, Defendant published the fo llo w in g entry in her web log: G o in g to see the movie Troy tonight. RS told me to call him afterwards. W a n ts sex. We've only been dating a week, and we already have a r o u tin e . 25. O n or before Friday, May 14, 2004, 9:53 a.m., EST, Defendant published the fo llo w in g entry in her web log: M K found my half-empty bottle of K-Y last night. He will probably n ev er speak to me again. I feel bad about what I did to MK and I feel like our relationship d eserv es more than a short write-off, but we both need to move on. I n ev er promised him a rose garden. S o I called RS after MK left in a huff. I ended up sleeping over in B eth esd a for the third night in a row. H e wants us to get tested together so we can stop using condoms. Isn't th at sweet? Hope I don't have anything! S o I don't know if it's getting serious or what. We're seeing each other e v e r y day now. I like him very much and he likes me. But can it go an yw h ere, i.e. marriage? I don't know. He's Jewish, I'm not. And we have n a s ty sex like animals, not man and wife. But we work together, so there is an incentive to stay together and avoid an awkward breakup. And after 13 Case 1:05-cv-00970-PLF-JMF Document 52-2 Filed 10/10/2006 Page 14 of 42 a few months, people around the office will start "hearing wedding b e lls ." I really just want to be a Jewish housewife with a big rock on my finger. 26. O n or before Thursday, May 13, 2004, 1:11 p.m., EST, Defendant published the fo llo w in g entry in her web log: T h u rsd ay, May 13, 2004 Item ! "The Real World: D.C." S e e today's Wonkette: L ik e You Need Another Reason to Avoid Adams Morgan W o n k e tte 's Kalorama Citizens' Association operative writes to say that " T h e Real World: D.C." has found a location for its Ikea s h o w r o o m /s o u n d s ta g e : M T V has purchased the space above Maggie Moo's on 18th St in Adams M o rg an . Real World DC here we come. . . W o n d erin g if the cast will work for MoveOn or Club for Growth. . . O r they could work at The New Republic with all the other recent co lleg e graduates who aren't paying their own rent. O r worse, they could work on the Hill! 27. O n or before Thursday, May 13, 2004, 9:10 a.m., EST, Defendant published the fo llo w in g entry in her web log: 14 Case 1:05-cv-00970-PLF-JMF Document 52-2 Filed 10/10/2006 Page 15 of 42 I first learned about the SU logo/name change at last night's Chancellor's alu m n i reception. I bumped into a "contemporary" of mine from da 'Cuse w h o also works in da Senate--in da same office as that girl I saw MD w ith a few weeks ago. S o we had some drinks at the reception and I went to Red River to meet so m e people from his office. Unf, she wasn't there, but I learned that she th in k s MD is as big of a chump as I do. My SU friend told me that MD w as talking to her long before I came to the Hill. She recently broke up w ith her boyfriend, but SU Dude believes that she won't date MD, th ey're just friends. (N o t that I care anymore, but these things are good to know.) S o my friend AS met up with me at RR and I had two genius ideas: 1 . We should go to Saki. 2 . AS should meet RS. S o I called RS and told him to come over so AS could get a look at him. T h is morning she says (via IM), "He does look like George Clooney, but h e's totally Woody Allen." S h e also said, "He will do anything to make you happy." I s n 't that sweet? And it's true: he stood in line with us at Saki for 1 1/2 h o u rs! B T W , Saki has gotten really hard to get into. But I don't know of any o th er place that is more action-packed on a Wednesday night in W ash in g to n . However, AS and I have decided not to go back there for a few months: we actually recognized people from the last time we were th ere! Which is a v. bad sign. A lso , we will go home and change before we go to Saki. Next time, we w ill not wear our work clothes. 15 Case 1:05-cv-00970-PLF-JMF Document 52-2 Filed 10/10/2006 Page 16 of 42 W h en Saki closed, we got some nasty Pizza Mart slices that tasted really g o o d at the time. Then AS went home and RS took me back to his place fo r the second night in a row. I passed out as soon as I lay down, so we d id n 't do anything. I woke up with an awful hangover and barfed up my Pizza Mart. (I'm lo sin g weight!) Then RS drove me home and made me promise to call h im again today. I need to take it easy tonight, which means I might not g o out, and I am sitting out the taco contest for sure. S o rry to disappoint any of my fans at Tortilla Coast. p o sted by The Washingtonienne at 10:17 AM Back to top 28. O n or before Thursday, May 13, 2004, 9:10 a.m., EST, Defendant published the fo llo w in g entry in her web log: F ro m the D.O.: "S yracu se changes nickname, logo" h ttp ://w w w .d a ily o r a n g e .c o m /n e w s /6 8 0 7 4 8 .h tm l? m k e y = 4 1 4 7 0 5 I don't like. 29. O n or before Wednesday, May 12, 2004, 4:20 p.m., EST, Defendant published th e following entry in her web log: W h a t is my position? I am a Staff Assistant, or "Staff Ass," as the men o n the Hill like to say. It's the entry-level job in each office. (For those w h o don't know.) 16 Case 1:05-cv-00970-PLF-JMF Document 52-2 Filed 10/10/2006 Page 17 of 42 30. O n or before Wednesday, May 12, 2004, 12:59 p.m., EST, Defendant published th e following entry in her web log: R (Threesome Dude) e-mailed me while I was out at lunch: H o w are things on the Hill? I assume everyone's going nuts a b o u t the Iraq (and now Afghanistan) prisoner abuse stories an d the execution of that young American. W arm here, beautiful out...people trying to forget the state o f the world and just enjoy life a little. A n d thanks again for inviting me. Barring that final drink (an d anything I said that might have made that a little aw k w ard for which I apologize), I really enjoyed it. And I hope to see you again. B e s t, R J es u s , what a douche. 31. O n or before Wednesday, May 12, 2004, 9:28 a.m., EST, Defendant published th e following entry in her web log: S o I went to dinner w/ RS at Lebanese Taverna. He's really not mad ab o u t the gossip at all: he's actually joking around the office about it. L ik e, when he walks out of a room, he'll slap himself on the ass! Me, I'm ju s t hiding in my office until this blows over. 17 Case 1:05-cv-00970-PLF-JMF Document 52-2 Filed 10/10/2006 Page 18 of 42 W e went to his house after dinner, a four bedroom in Bethesda. Needs w o r k , but v. cute. S o it turns out that RS cannot finish with a condom on. He can barely s tay hard. So he ends up taking it off and humping away at me. Maybe I forgot to tell him that I'm on the Pill. Note to self... I also learned that he was a cop, so he has scary police shit like handcuffs in his closet. He implied that we would be using them next time, which is intriguing, but I know I'm going to get scared and panicky. (Which w o u ld probably turn him on.) S o 9pm comes and goes, and I missed my date with MK. And I was m issin g ANTM! So I just watched it with RS. Meanwhile, MK is trying to call me on my cell (which is turned off inside my handbag.) MK left a very irrate message on my voicemail. He basically hates me now. B u t when you're crushing on somebody new, that stuff doesn't affect you as much as it should. I slept over at RS's and he drove me home this m o rn in g to change. I'm supposed to call him again today. I'm afraid I really like him. I like this crazy hair-pulling, ass-smacking dude who w an ts to use handcuffs on me. Shit. 32. O n or before Tuesday, May 11, 2004, 5:57 p.m., EST, Defendant published the fo llo w in g entry in her web log: R S just called again. Bad news: the rumor has spread to other offices. T h is is bad. 33. O n or before Tuesday, May 11, 2004, 4:44 p.m., EST, Defendant published the fo llo w in g entry in her web log: 18 Case 1:05-cv-00970-PLF-JMF Document 52-2 Filed 10/10/2006 Page 19 of 42 h ttp ://w w w .m a r th a s te w a r t.c o m If you're like me and you're decorating a new apartment (because your b o y fr ie n d kicked you out), you need to stop hatin' on Martha: her stuff is the cutest! I'm getting the faux bois pattern throw pillows, and the seaw eed and coral candles! 34. O n or before Tuesday, May 11, 2004, 3:39 p.m., EST, Defendant published the fo llo w in g entry in her web log: P r ais e for Washingtonienne: "T h is is pretty cool - she sounds like a 'fun' girl. I'd like to blog h er."--Jam es, San Diego, CA. 35. O n or before Tuesday, May 11, 2004, 2:42 p.m., EST, Defendant published the fo llo w in g entry in her web log: O o o h , RS just called me. He asked me out again tonight, but I have plans w / MK @ 9pm. (We're watching the ANTM special together.) T w o nights in a row. I like him, but WTF? 36. O n or before Tuesday, May 11, 2004, 2:21 p.m., EST, Defendant published the fo llo w in g entry in her web log: B y popular demand, I have finally created a key to keeping my sex life s tr a ig h t. 19 Case 1:05-cv-00970-PLF-JMF Document 52-2 Filed 10/10/2006 Page 20 of 42 I n alpha order: A J= T h e intern in my office whom I want to fuck. F = M a r r ie d man who pays me for sex. Chief of Staff at one of the gov ag en cies, appointed by Bush. J= L o st my virginity to him and fell in love. Dude who has been driving m e crazy since 1999. Lives in Springfield, IL. Flies halfway across the co u n try to fuck me, then I don't hear from him for weeks. M D = D u d e from the Senate office I interned in Jan. thru Feb. Hired me a s an intern. Broke up my relationship w/ MK (see below). M K = S erio u s , long-term boyfriend whom I lived with since 2001. D is as tr o u s break up in March, but still seeing each other. R = A K A "Threesome Dude." Somebody I would rather forget about. R S = M y new office bf with whom I am embroiled in an office sex s ca n d a l. The current favorite. W = A sugar daddy who wants nothing but anal. Keep trying to end it w ith him, but the money is too good. S h it. I'm fucking six guys. Ewww. 37. O n or before Tuesday, May 11, 2004, 9:19 a.m., EST, Defendant published the fo llo w in g entry in her web log: I am so busted. W en t out w/ RS after work yesterday. He took me out for drinks, took m e back to my place, and we fucked every which way. THEN he tells me th a t he heard I've been spreading the spanking rumor around the office! 20 Case 1:05-cv-00970-PLF-JMF Document 52-2 Filed 10/10/2006 Page 21 of 42 H e's not mad, but I am so ashamed of my behavior: I have such a big m o u th . It got around and now EVERYBODY knows. Even our LD (who is sleeping with somebody in our office, too, BTW.) B u t last night was fun. He's very up-front about sex. He likes talking d irty and stuff, and he told me that he likes submissive women. Good, n o w I can take it easy in bed. Just lay back and watch him do freaky shit. W e went to Tune Inn and ate some shit there because it was the only p la ce open at 1am. He walked me home and kissed me at my door. I was lik e, "Aww, this is so adorable!" He called me "jaded" and told me to c all him tomorrow (i.e. today). Jad ed ? Moi? 38. O n or before Monday, May 10, 2004, 6:25 p.m., EST, Defendant published the fo llo w in g entry in her web log: M u st watch! A m erica's Next Top Model: The Runway Ahead, Tuesday @ 9pm on U PN ! h ttp ://w w w .u p n .c o m /s h o w s /to p _ m o d e l2 /r u n w a y _ a h e a d /in d e x .s h tm l 39. O n or before Monday, May 10, 2004, 2:08 p.m., EST, Defendant published the fo llo w in g entry in her web log: U p d a te s W en t to "lunch" (i.e. iced coffee) and on the way back, bumped into both M D and RS! (But not at the same time, TG.) 21 Case 1:05-cv-00970-PLF-JMF Document 52-2 Filed 10/10/2006 Page 22 of 42 I told MD I had some news, so he sat down with me in the cafeteria and I told him about RS. (I left out the sex. Also, I tried to frame the story lik e, "Isn't this a totally fucked-up situation?", not like I'm trying to make h im jealous.) H e could not get back to work fast enough. I really don't care if he hates m e or what. He isn't into me anymore anyway. If he was, he would call m e more often. Also, he said he's trying to get a job off the Hill asap, so I can stop worrying about bumping into him everywhere I go. S o I leave the cafeteria and start walking back to the office, and I see RS. W e stopped and talked in the hall and he asked me out for a drink to n ig h t. (Except he doesn't drink?) I look really good today, so I'm glad I hit two birds with one stone during my lunch hour. 40. O n or before Monday, May 10, 2004, 12:35 p.m., EST, Defendant published th e following entry in her web log: W just e-mailed me: How was your weekend? Thinking of you! U gh. I wrote back: From now on, we should go out drinking before we go b ack to your place. I think that would improve everything. I know I said it was "over," but it's not like it matters either way. What can I say, I like money. 41. O n or before Monday, May 10, 2004, 11:47 a.m., EST, Defendant published the fo llo w in g entry in her web log: 22 Case 1:05-cv-00970-PLF-JMF Document 52-2 Filed 10/10/2006 Page 23 of 42 I am done with W, for real this time. A man who tries to fuck you in the ass when you are sober does not love you. He should at least take you o u t for a few drinks to spare you the pain. Now I know that W does not c ar e about me, only my asshole. T h e whole situation depressed me so much, I turned down a free dinner a n d asked him to take me home. He peeled off a few hundred from that r o ll of cash he carries around, and put the hundreds in my hand as I was g ettin g out of the car. I acted indignant, like I don't need his help, but I k ep t it: why punish myself? I should get something for putting up with h is tired old ass. S o that's the end of W. T h e intern did not show at the party on Saturday. I was disappointed, but it's probably for the best. I don't need anymore sex scandals at work. But I'm bummed that he is not as interested as I had imagined. H a d a good time with AS and her friend G. We got wasted and I passed o u t on my floor Saturday night. S u n d ay, I laid out and got some good sun. Unf, I chose a popular tourist p ic tu r e -ta k in g spot on the Mall, and all these assholes kept trying to snap sh o ts of me in my bikini. I know I'm hot and everything, but please: no p ic tu r e s ! S o I went home to take a nap. I opened the door and started walking to w ard s my bedroom, past the kitchen. I noticed a new blender sitting on th e counter. B U T I DON'T OWN A BLENDER! I started to call the police, but stopped to think. Who has a key to this p lace? F! But why a blender? More importantly, why didn't he call first? W h at if I was in bed with my intern and F popped in with a surprise b le n d e r ? 23 Case 1:05-cv-00970-PLF-JMF Document 52-2 Filed 10/10/2006 Page 24 of 42 F e-mailed me this morning to ask if I liked his gift. I just told him that I don't like surprises. I can't afford to stop seeing him, so I didn't bitch h im out as much as I should have. I mean, is he crazy or what? Maybe I told him I wanted a blender and don't remember. Even so, why not call? M K came home from his Iceland trip last night and we had another to tally redundant and pointless argument about our relationship. We m ad e up before The Sopranos started so I could watch w/o his pissy little d istractio n s. Such a bitch sometimes. But I love him. B ack to work now... 42. O n or before Friday, May 7, 2004, 6:38 p.m., EST, Defendant published the fo llo w in g entry in her web log: I take weekends off from this blog. So before I go, this is the plan: T a k e cab over to W's place in Georgetown. Fuck. Get dinner someplace e x p e n s iv e . W drives me home to Cap Hill. G o to keg party at coworker's house. (RS will not be there. Maybe fuck so m eb o d y else?) G et 8 hours sleep. G e t crabcake Bennifer at Eastern Market before they stop serving b r e a k f a s t. R un? ? C all my friend AS. Will meet up w/ her before party. H o p e intern will show. 24 Case 1:05-cv-00970-PLF-JMF Document 52-2 Filed 10/10/2006 Page 25 of 42 43. O n or before Friday, May 7, 2004, 5:24 p.m., EST, Defendant published the fo llo w in g entry in her web log: T h ree weeks. That's how long it took for J for start it up again. H e's getting better at this long-distance thing. One month was the stan d ard wait. Now it's down to three weeks. We must be getting serious! I got an e-mail from him this afternoon, and we had some b a c k - a n d - f o r th . S till with his crazy girlfriend in Springfield, IL. But I shouldn't talk. T h is is the last thing I need in my life right now: another distraction at w o rk ! I am so behind... If it wasn't for e-mail, J and I would have forgotten about each other long ag o . So effortless to stay in touch this way. Must wonder about those p e o p le who never e-mail you: they TRULY do not care. B u t I like knowing that J still wants me. What makes him decide to send a n e-mail after all this time? And not just today, but all those times b efo re? Talk about crazy! 44. O n or before Friday, May 7, 2004, 2:25 p.m., EST, Defendant published the fo llo w in g entry in her web log: R S just e-mailed me: Hey, had a nice time yesterday. going to NY to n ig h t, but let's get some dinner or something next week. interested? I said yes. 25 Case 1:05-cv-00970-PLF-JMF Document 52-2 Filed 10/10/2006 Page 26 of 42 W h at am I getting myself into? Y e s, I like him, but am I attracted to him or the impending drama?? I really don't get myself sometimes. 45. O n or before Friday, May 7, 2004, 2:02 p.m., EST, Defendant published the fo llo w in g entry in her web log: T h e boss who pimped me out to RS just stopped by. She asked me what h a p p e n e d after she left us at the bar. I tried to be as vague as possible, b u t I implied that she should ask RS himself. T h en she mentioned that RS is very discrete, so I am taking that as a hint to keep quiet. F in ally, she asked me if I would say yes if he asked me out again. I told h er that I would. S o it looks like I might have another boyfriend. I hope this does not end b a d ly . 46. O n or before Friday, May 7, 2004, 1:16 p.m., EST, Defendant published the fo llo w in g entry in her web log: I told my coworkers about the spanking over lunch, but left out the nasty p arts. (We were eating.) S o they were shocked. Not sure I should have told them. But they blame h im for what happened: he is senior and should know better, esp since h e was the sober one. 26 Case 1:05-cv-00970-PLF-JMF Document 52-2 Filed 10/10/2006 Page 27 of 42 O n e of them told me that RS wore a purple turtleneck with a bright blue fleece over it at a recent staff retreat. Now I wonder if he's crazy or what. 47. O n or before Friday, May 7, 2004, 11:03 a.m., EST, Defendant published the fo llo w in g entry in her web log: O M G . RS just came in here to say hi. B u t I got nervous and acted weird. S h it! 48. O n or before Friday, May 7, 2004, 10:22 a.m., EST, Defendant published the fo llo w in g entry in her web log: A s per my IM discussion with my friend AS this morning, I resolve to: S to p acting like I'm on Spring Break: I'm at work and I need to be more p ro fessio n al in my relations with coworkers. B u t if that cute intern shows at the party tomorrow, I don't know if I can le av e him alone. C h o ic e s . 49. O n or before Friday, May 7, 2004, 9:35 a.m., EST, Defendant published the fo llo w in g entry in her web log: 27 Case 1:05-cv-00970-PLF-JMF Document 52-2 Filed 10/10/2006 Page 28 of 42 T o answer The Question, no, RS and I did not fuck. (It is my "week off," if you recall.) B U T ... R S looks just like George Clooney when he takes off his glasses. I am s e r io u s . H as a great ass. N u m b er of ejaculations: 2 H e likes spanking. (Both giving and receiving.) I put the moves on HIM. That is, I brought him back to MY place, I was th e one who jumped on HIM. I was drunk, but he was totally sober. (At least I have an excuse for my b e h a v io r ! ) S o I'm seeing ANOTHER person on the Hill. At least this one is counsel, a n d not an aide. G o in g to lunch with coworkers today. Have a feeling I was invited as the n e w star of Hot Office Gossip, like a press conference. 50. O n or before Thursday, May 6, 2004, 2:02 p.m., EST, Defendant published the fo llo w in g entry in her web log: I te m ! A new contender for my fair hand. He works in one of the Committee o ffices. We will call him RS. 28 Case 1:05-cv-00970-PLF-JMF Document 52-2 Filed 10/10/2006 Page 29 of 42 RS had my boss ask me out for him! She actually came in here and said, "H e thinks you're hot." How junior high! So all three of us are getting a d rin k at Union Station after work. Looking forward to an evening full of aw k w ard moments. IN T E R R O G A T O R IE S AND REQUESTS FOR PRODUCTION OF DOCUMENTS 51. I n te r r o g a to r y To the extent that you denied, in whole or in part, any request for admission set fo rth above, please give a full and complete explanation of the facts upon which you b ase your denial. 52. R eq u est for Production T o the extent that you denied, in whole or in part, any request for admission set fo rth above, please produce each and every document which supports, relates to, or co n trad icts your denial. 53. I n te r r o g a to r y To the extent that you denied, in whole or in part, any request for admission set fo rth above, please give a full and complete explanation of the facts upon which you b ase your denial. Case 1:05-cv-00970-PLF-JMF Document 52-2 Filed 10/10/2006 Page 30 of 42 54. I n te r r o g a to r y Describe all direct interaction you have had with this Defendant, whether in p erso n , by telephone, via email, or otherwise, from January 1, 2004 to the present. 55. I n te r r o g a to r y Identify all persons with whom you have discussed the interactions with D efen d an t which you were requested to identify in response to the preceding In terro g ato ry. In your answer, include the date and substance of the conversation you h ad with each individual. 56. I n te r r o g a to r y Describe any action which this Defendant has taken which you contend caused yo u harm. For each act, provide (a) the date, (b) a description of the act or incident, (c) what you did in response to the act, and (d) the reason you believe Defendant is liab le to you for damages. 30 Case 1:05-cv-00970-PLF-JMF Document 52-2 Filed 10/10/2006 Page 31 of 42 57. I n te r r o g a to r y Please identify, with respect to the web log entries which were the subject of th e foregoing requests for admission, each statement which you contend is, in whole o r in part, false and, with respect to each such statement, describe in full detail the p o r tio n of this statement which you contend is false and describe what you contend actu ally occurred on each such occasion. 58. I n te r r o g a to r y Please describe in full detail your contention that you were harmed in your effo rt to find employment as a result of Defendant's conduct, including stating, for e ach position of employment you sought from May 18, 2004 to the present, the fo llo w in g information: (a) the identity of each such prospective employer; (b) state th e title and job description for each position of employment which you sought; (c) s ta te the name, address, and telephone number of each individual at each such p ro sp ectiv e employer with whom you were contact regarding your application for e m p lo y m e n t; (d) the compensation and benefits which you were seeking from each s u c h prospective position of employment; (e) describe in full detail each and every r ea so n you did not receive and/or accept such position of employment; and (f) 31 Case 1:05-cv-00970-PLF-JMF Document 52-2 Filed 10/10/2006 Page 32 of 42 id en tify each and every person who communicated to you that you would not receive each such position of employment. 59. I n te r r o g a to r y Please itemize, specifically and in detail, each and every monetary damage alleg ed ly suffered by Plaintiff, including but not limited to any alleged loss of income an d fringe benefits. For each such item of damage, please identify any documents w h ich would support that item of damage and please identify any witnesses with k n o w led g e of that item of damage. Additionally, please describe any calculations u s e d to arrive at the particular dollar amount for such item of damage. 60. I n te rr o g a to r y If you are seeking to recover damages for a physical, mental, psychological, or em o tio n al injury, please identify any and all health care providers, including p h y sic ia n s , psychiatrists, psychologists, therapists, counselors, ministers, social w o r k e r s, nurses, or the like with whom you have visited or consulted for physical in ju ry or for any emotional or mental distress-related condition, illness, or treatment, alleg ed ly caused by Defendant or for which you seek recovery from Defendant. P r o v id e current addresses, business affiliation, if any, and phone numbers for each 32 Case 1:05-cv-00970-PLF-JMF Document 52-2 Filed 10/10/2006 Page 33 of 42 p e r s o n identified. If you are not seeking to recover damages for a physical, mental, p s y ch o lo g ic al, or emotional injury, please so state. 61. I n te rr o g a to r y S p ecify in detail any damages other than those specified in response to the p reced in g Interrogatory you claim were caused by Defendant, including type, amount, an d description of the damage suffered, including when the damage occurred, the b a s is for seeking recovery for such damage, and the identify of any documents which reflect the foregoing. 62. I n te rr o g a to r y If you are seeking to recover damages for a physical, mental, psychological, or em o tio n al injury, please identify any and all health care providers, including p h y sic ia n s , psychiatrists, psychologists, therapists, counselors, ministers, social w o r k e r s , nurses, or the like, with whom you have visited or consulted in the last ten years for any physical injury, emotional or mental-distress-related condition, illness, o r treatment. Provide current addresses, business affiliation, if any, and phone n u m b ers for each person identified. 33 Case 1:05-cv-00970-PLF-JMF Document 52-2 Filed 10/10/2006 Page 34 of 42 63. I n te rr o g a to r y Id en tify each and every one of your employers from May 18, 2004 to the p r e se n t and, for each such employer, provide the name, address and telephone number o f each individual responsible for supervising you; identify the beginning and ending d a te s of employment; describe your job duties; and state your annual compensation. 64. I n te rr o g a to r y I f you have ever been counseled, reprimanded or otherwise disciplined by an em p lo ye r for any behavior or conduct which was directed toward any female e m p lo y e e( s) , please identify the individual who counseled, reprimanded or imposed d iscip lin e upon you; the date of the counseling, reprimand or other discipline; the co n d u ct which was the subject of the counseling, reprimand or other discipline; and d escrib e in full detail the counseling, reprimand or discipline which occurred. 65. I n te rr o g a to r y P lease identify each and every member of the opposite sex with whom you have h ad and/or have sought a date and/or sought to enter into a romantic, dating, and/or s ex u a l relationship at any time since January 1, 2004. With respect to each such 34 Case 1:05-cv-00970-PLF-JMF Document 52-2 Filed 10/10/2006 Page 35 of 42 in d iv id u al, please state whether such person agreed to go on a date with you or o th erw ise have a romantic, dating, and/or sexual relationship with you; state the d ate(s) and number of times each such individual had a date and/or sexual relations w ith you; and identify each and every person with whom you discussed and/or to w h o m you disclosed each such date and/or relationship. "Sexual relations" is intended to include, without limitation, acts of oral, vaginal, or anal intercourse; masturbation; m u tu al masturbation; exhibitionism; voyeurism; or other such or similar acts, in clu d in g physical contact between you and the breasts, buttocks, and/or genitalia of su ch employee, which had the purpose of providing sexual gratification, stimulation, o r titillation to your and/or the other individual(s) in question. 66. I n te rr o g a to r y P lease identify each and every person who has refused to be your friend or to so cialize with you or to have a person or professional relationship with you as a result o f any conduct by Defendant. 67. I n te rr o g a to r y P lease identify, including name, address, and employment position, each and ev ery individual who has provided to you information which served, either in whole 35 Case 1:05-cv-00970-PLF-JMF Document 52-2 Filed 10/10/2006 Page 36 of 42 o r in part, as the basis for your answer(s) to these Requests for Admissions, I n te rr o g a to r ie s and Requests for Production of Documents, including identifying each an d every custodian of documents requested herein. 68. I n te rr o g a to r y Id en tify each person Plaintiff expects to call to give opinion testimony in this actio n under FRE Rules 701 or 702 and for each such witness provide a complete d escrip tio n of the opinion(s) in question and an identification of all facts, perceptions, d ata, and/or information of any sort upon which the opinion(s) in question are based, in c lu d in g , if applicable, all of the information required to be included in an expert w itn e s s' written report pursuant to Fed. R. Civ. P. 26(a)(2). 69. I n te rr o g a to r y W ith respect to each witness you were requested to identify in your response o r any supplemental response to the preceding Interrogatory, identify all documents o r reports, including any working or preliminary drafts thereof, reviewed, relied upon, p r e p a r ed or generated by or at the direction of such person in relation to the subject m a tte r of this case. 36 Case 1:05-cv-00970-PLF-JMF Document 52-2 Filed 10/10/2006 Page 37 of 42 70. I n te rr o g a to r y P le as e identify each and every person known to you whom you believe may h a v e discoverable information with respect to any of the Plaintiff's claims or defenses raised by the Defendant. For each such individual identified describe what knowledge yo u know or believe each such individual possesses. To the extent that any document o r other recorded information supports or relates to said individual or said individual's p articu lar knowledge, please identify said document/recorded information. 71. R eq u est for Production P le as e produce any documents or other recorded information which you were req u ested to identify in response to the preceding Interrogatory. 72. I n te rr o g a to r y P le as e provide the last known home and work addresses and home and work telep h o n e numbers for each individual to whom you refer in your responses to these F irst Requests for Admissions, First Interrogatories and Requests for Production of D o cu m en ts, not including those persons who are merely mentioned in documents p ro d u ced in response thereto, unless such documents are submitted pursuant to Rule 37 Case 1:05-cv-00970-PLF-JMF Document 52-2 Filed 10/10/2006 Page 38 of 42 3 3 (d ) or are intended to be incorporated within or relied upon as your response, in w h o le or in part, to an Interrogatory. 73. I n te rr o g a to r y P lease state whether you, your Attorneys, or any other individuals have o b tain ed statements in any form from any person regarding any of the events, h a p p e n in g s , or allegations contained in Plaintiff's Complaint and Defendant's Answer. I f the answer is in the affirmative, identify such persons giving statements, the dates u p o n which the statements were taken, the identity of the person taking the statements, an d whether such statements were written, oral, or recorded. 74. R eq u est for Production P lease produce each and every document and/or statement which you were req u ested to identify in response to the preceding Interrogatory. 75. I n te rr o g a to r y P lease identify each and every document which you contend supports any of th e claims asserted in your Complaint or the defenses and denials (including affirm ativ e defenses) asserted by Defendant in the Answer to the Complaint. 38 Case 1:05-cv-00970-PLF-JMF Document 52-2 Filed 10/10/2006 Page 39 of 42 76. R eq u est for Production P le as e produce each and every document which you were requested to identify in response to the preceding Interrogatory. 77. I n te rr o g a to r y D id you undertake to mitigate the damages you were allege were caused by P la in tif f ? If so, please describe each and every effort you expended in order to m itig ate damages and the amount by which your damages were reduced in c o n s eq u en ce of your efforts to mitigate damages; and identify each and every d o c u m e n t supporting or otherwise relating to your response. 78. R eq u est for Production Please produce each and every electronic "email" communication in your p o s s e s s io n or control to, from, by, and/or regarding Defendant during the period Jan u ary 1, 2004 through the present. 39 Case 1:05-cv-00970-PLF-JMF Document 52-2 Filed 10/10/2006 Page 40 of 42 79. R eq u est for Production P le as e produce any and all diaries, calendars, logs, memos, emails or other w r itten materials kept or taken by your during your employment with the United S tates Senate and/or which concern or relate to your allegations against Defendant a n d /o r your claims in this case. 80. I n te r r o g a to r y : If you contend in defense of this action that any person having discoverable in fo rm atio n in this case, including, without limitation, Defendant, has misrepresented, d isto rted , exaggerated, falsified or been untruthful in communicating any statement w h ich you contend will be relevant and/or admissible in evidence, including for p u r p o s e s of impeachment under FRE Rule 607 and/or 608, or has otherwise engaged in any conduct, statement, act, or omission which you contend is a specific instance o f conduct upon which such individual may be cross-examined for the purpose of im p each m en t under Rule 608(b) or which is otherwise admissible for purposes of im p each m en t, please describe in full detail the alleged conduct, statement, m isrep resen tatio n , distortion, exaggeration, falsification or untruth, including a d escrip tio n of the subject matter; the date(s) of communication by the witness in 40 Case 1:05-cv-00970-PLF-JMF Document 52-2 Filed 10/10/2006 Page 41 of 42 q u e stio n ; the identities of all persons who have personal knowledge of any such a lle g e d misrepresentation, distortion, exaggeration, falsification or untruth by each s u c h witness; and the identity, location and custodian of any and all documents which ev id en ce any such alleged misrepresentation, distortion, exaggeration, falsification or u n tru th by each such witness. 81. R eq u est for Production: P le as e produce each and every document which you were requested to identify in response to the preceding Interrogatory. 82. R eq u est for Production: P le as e produce each and every document which you were requested to identify in response to the preceding Interrogatory. 41 Case 1:05-cv-00970-PLF-JMF Document 52-2 Filed 10/10/2006 Page 42 of 42 R esp ectfu lly submitted, /s Matthew C. Billips M atth ew C. Billips G eo rg ia Bar No. 057110 M IL L E R & BILLIPS 7 3 0 Peachtree Street S u ite 750 A tlan ta, Georgia 30308 (4 0 4 ) 969-4101 (4 0 4 ) 969-4141 (fax) m b illip s @ m b a law f ir m .c o m 42

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