Doe, XX v. Holy See (State of the Vatican City) et al

Filing 17

Joint MOTION to Quash Notice of Intention to Take Deposition by Written Questions and Subpoena for Records for the United States Catholic Conference of Bishops by Fireman's Fund Insurance Company, Harry Grile, Robert W Muench, The Redemptorists/New Orleans Vice Province, The Roman Catholic Church of the Diocese of Baton Rouge. (Attachments: # 1 Memorandum in Support, # 2 Exhibit, # 3 Proposed Pleading; Order)(Richard, Don)

THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF LOUISIANA
JOHN DOE XX

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CIVIL ACTION NO. 3:11-cv-00651
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VS.
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HOLY SEE (State of the Vatican City),
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THE REDEMPTORISTS/NEW ORLEANS
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VICE PROVINCE, VERY REVEREND
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HARRY GRILE, C.Ss.R., HIS
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PREDECESSORS AND SUCCESSORS,
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AS PROVINCIAL SUPERIOR
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JUDGE JAMES J. BRADY
OF THE REDEMPTORISTS/DENVER
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PROVINCE, ROMAN CATHOLIC CHURCH
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OF THE DIOCESE OF BATON ROUGE,
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MOST REVEREND ROBERT W.
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MUENCH, HIS PREDECESSORS AND
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SUCCESSORS, AS BISHOP OF THE
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ROMAN CATHOLIC CHURCH OF THE
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DIOCESE OF BATON ROUGE,
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CHRISTOPHER JOSEPH SPRINGER, AND
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FIREMAN’S FUND INSURANCE COMPANY * MAG. JUDGE CHRISTINE NOLAND
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JOINT MOTION BY DEFENDANTS TO QUASH NOTICE OF INTENTION
TO TAKE DEPOSITION BY WRITTEN QUESTIONS AND SUBPOENA FOR
RECORDS FOR THE UNITED STATES CATHOLIC CONFERENCE OF BISHOPS
NOW INTO COURT through their undersigned counsel come the following defendants who
jointly move the Court to Quash the Notice of Intention to Take Depositions by Written Questions
and the Subpoena for Records. The moving defendants are Redemptorist/New Orleans Vice
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Province, Very Rev. Harry Grile, C.Ss.R, his Predecessors and Successors, as Provincial Superior
of the Redemptorist/Denver Province, the Roman Catholic Church of the Diocese of Baton Rouge,
Most Reverend Robert W. Meunch, his Predecessors and Successors as Bishop of the Roman
Catholic Church of the Diocese of Baton Rouge and Fireman’s Fund Insurance Company.
1.
On or about February 2nd undersigned counsel for the above mentioned parties received a
Notice of Intention to take Depositions by Written Questions, which was directed to the United
States Conference of Catholic Bishops, Secretariat of Child and Youth Protection, 3211 Fourth St.,
N.E., Washington, D.C. 20017. The notice was issued by the Legal Connection, Inc., of 5901 Old
Fredericksburg Rd., D101, Austin, TX 78749. At the same time that the Notice of Intention to take
Depositions by Written Questions was issued apparently a request for a subpoena duces tecum to
produce records exhibited on Exhibit A was likewise requested to be served upon the United States
Conference of Catholic Bishops.
2.
Undersigned counsel on behalf of the Redemptorist Order did not agree to waive any notice.
3.
Defendants mentioned above jointly move to quash this subpoena duces tecum which was
issued through the auspices of the United States District Court for the Middle District of Louisiana
and served through the United States District Court for the District of Columbia.
4.
A copy of the Notice of Intention to take Depositions by Written Questions and Exhibit A
which calls for the records to be produced by the United States Conference of Catholic Bishops and
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the facsimile transmission indicating that counsel for the Redemptorist did not waive. The notice is
attached as Exhibit A.
5.
For reasons which will more fully be explained in the memorandum attached and submitted
herewith simultaneously the defendants request that the Court quash the subpoena for records to the
USCCB and the Notice of Intention to take Depositions by Written Questions.
6.
The documents called for are requested for the period January 1, 2002 to the present.
7.
The instant case, on the face of its petition, alleges sexual abuse which would have occurred
over 30 years ago. The attempt to obtain documents from the U.S. Conference of Catholic Bishops
dealing with reporting requirements to them from the Roman Catholic Church for the Diocese of
Baton Rouge cannot lead to the discovery of admissible evidence since the records do not involve
any period which is alleged to have been in any way related to the alleged date of abuse in the instant
case.
WHEREFORE, defendants, mentioned above, jointly move that the Court quash the
subpoena and the subpoena for records of the Notice of Intention to take Depositions by Written
Questions.
Respectfully Submitted,
KINNEY ELLINGHAUSEN RICHARD &
DESHAZO
/s/ Don M. Richard
Don M. Richard, Esquire
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Bar Roll No. 11226
1250 Poydras St., Suite 2450
New Orleans, LA 70113
Telephone: [phone]
E-mail: [e-mail]
Attorney for Redemptorists/New Orleans Vice
Province and Fr. Harry Grile on behalf of the Denver
Province of the Redemptorist

DUPLASS, ZWAIN, BOURGEOIS, PFISTER &
WEINSTOCK
/s/ C. Michael Pfister (#14317)
Three Lakeway Center, Suite 2900
3838 N. Causeway Boulveard
Metairie, LA 70002
Phone: [phone]
Facsimile: [phone]
E-mail: [e-mail]
Attorney for Defendants, the Roman Catholic Church
of the Diocese of Baton Rouge and Fireman’s Fund
Insurance, Co.

CERTIFICATE OF SERVICE
I certify that the foregoing Motion to Quash was served electronically on all counsel of record
by electronic filing on the 29th day of February, 2012.
/s/ Don M. Richard

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