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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MEMORANDUM IN SUPPORT OF MOTION TO QUASH RECORD REQUESTS
AND NOTICE OF INTENTION TO TAKE DEPOSITIONS BY WRITTEN QUESTIONS
May it Please the Court;
This is a Joint Memorandum in Opposition to the Requests for a Subpoena for Records and
the notice of Intention to Take Deposition by Written Questions, which attempts to authenticate

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business records of the United States Conference of Catholic Bishops which is located in
Washington, D.C.
The Court’s attention is directed to paragraph 36 of the plaintiff’s original complaint filed
in the United States District Court for the Middle District of Louisiana.
Paragraph 36 states as follows.
“From approximately April 1973 through September 1976 Defendant Springer was employed
as a Diocesan Priest and Assistant Pastor at St. John the Evangelist Catholic Church.
Plaquemine, Louisiana, Immaculate Heart of Mary Parish, Maringouin, Louisiana and St.
Mary’s of False River, New Roads, Louisiana, all parishes in the Diocese of Baton Rouge.
From approximately September 1976 through January 1980, Springer was employed as a
Diocesan Priest and the Pastor at St. Pius X Catholic Church, Baton Rouge, Louisiana, also
a parish in The Diocese of Baton Rouge. Thereafter, The Diocese of Baton Rouge transferred
Springer to Our Lady of Perpetual Help, Jackson, Louisiana and Our Lady of Assumption,
Clinton, Louisiana, other parishes also in The Diocese of Baton Rouge. Plaintiff alleges that
between 1973 and 1984, Springer engaged in inappropriate sexual activities with male
children, as a Diocesan Priest with The Diocese of Baton Rouge, and raped and molested and
sexually abused and exploited Catholic boys and others at St. John the Evangelist Catholic
Church, Immaculate Heart of Mary Parish, St. Isidore Parish, St. Pius X Catholic Church,
St. Mary’s of False River Catholic church, Our Lady of Perpetual Help and Our Lady of the
Assumption, as well as in other parishes within The Diocese of Baton Rouge, just as other
Catholic boys had been raped and molested and sexually abused and exploited by Springer
between 1952 and 1973 in connection with Springer’s work and service with the
Redemptorist Fathers. During the time-frame fo the sexual abuse alleged herein, Springer
was assigned by the Diocese Defendants as the official Catholic Priest in charge of educating
and training young parishioners in the Catholic doctrines and traditions and the required rites
of passage for becoming a legitimate member of the Roman Catholic Church. Springer was
therefore a duly recognized vice-principal, employee, agent, apparent agent, and/or an
ostensible agent of the Holy See and the Diocese when he sexually molested, raped and
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exploited John Doe XX and other children in the Diocese of Baton Rouge.”
Paragraph 36 is the “charging” portion of this rather lengthy complaint involving alleged
sexual abuse that occurred over 30 years ago. In paragraph 36 it states in part as follows:
“Plaintiff alleges that between 1973 and 1984, Springer engaged in inappropriate sexual
activities with male children....”
Even on the face of the petition the time period from 1973 to 1984 is over 27 years ago.
The documents that are sought by this document subpoena and document in written
interrogatories are from 2002 to the present.
Under the Rules of Federal Procedure dealing with discovery this request for documents is
clearly not related to discoverable evidence that could be used in this particular case. If the alleged
sexual abuse would have occurred sometime between the periods of 1973 to 1984 how can
documents produced since 2002 to the current time have any possible relevance to the allegations
made in this lawsuit.
The purpose of discovery is to provide a mechanism for making relevant information
available to litigants. “Mutual knowledge of all the relevant facts gathered by both parties is essential
to proper litigation.” Hickman v. Taylor, 329 US 495, 507 (1947). The spirit of discovery rules in
federal court is violated when attorneys attempt to use discovery which is so remotely connected to
a case that all it does is cause expense to the defendants.
The United States Conference of Catholic Bishops is not a party to this litigation and the
documentation which is being sought by this discovery mechanism, to the best of the knowledge of
undersigned counsel is primarily documentation which has been supplied by a defendant, the Roman

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Catholic Church for the Diocese of Baton Rouge and thus could be obtained, if discoverable, from
a defendant in the case and not a third party.
Respectfully Submitted,
KINNEY ELLINGHAUSEN RICHARD &
DESHAZO
/s/ Don M. Richard
Don M. Richard, Esquire
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.

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