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

Filing 19

MOTION for Leave to File Reply to Plaintiff's 18 Response to Joint 17 Motion to Quash Notice of Intention to Take Deposition by Written Questions and Subpoena for Records for 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 Proposed Pleading;, # 2 Proposed Pleading;)(Pfister, C.) Modified on 3/28/2012 to edit text. (CMM)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF LOUISIANA
JOHN DOE XX

§ C.A. NO. 3:11-cv-00651
§
VS.
§
§
HOLY SEE (State of the Vatican City),
§
THE REDEMPTORISTS/NEW ORLEANS
§
VICE PROVINCE, VERY REVEREND HARRY §
GRILE, C.S.R., HIS PREDECESSORS AND
§
SUCCESSORS, AS PROVINCIAL SUPERIOR
§
OF THE REDEMPTORISTS/DENVER
§ JUDGE JAMES J. BRADY
PROVINCE, ROMAN CATHOLIC CHURCH
§
OF THE DIOCESE OF BATON ROUGE,
§
MOST REVEREND ROBERT W.
§
MUENCH, HIS PREDECESSORS AND
§
SUCCESSORS, AS BISHOP OF THE
§
ROMAN CATHOLIC CHURCH OF THE
§
DIOCESE OF BATON ROUGE,
§
CHRISTOPHER JOSEPH SPRINGER, AND
§
FIREMAN’S FUND INSURANCE COMPANY § MAG. JUDGE CHRISTINE NOLAND
REPLY TO PLAINTIFF’S RESPONSE TO JOINT MOTION TO QUASH NOTICE OF
INTENTION TO TAKE DEPOSITION BY WRITTEN QUESTIONS AND SUBPOENA
FOR RECORDS FOR UNITED STATES CATHOLIC CONFERENCE OF BISHOPS
MAY IT PLEASE THE COURT:
The Defendants object to the data and information requested by the Subpoena as set forth
in their Motion to Quash. The information sought pursuant to the Subpoena is information
provided by the Diocese of Baton Rouge to the United States Catholic Conference of Bishops.
The Diocese of Baton Rouge is in the process of responding to a Request for Production of
Documents which, excluding subparts, encompasses 101 requests for production.
Encompassed in the Plaintiff’s extensive Request for Production of Documents are
requests for the same or similar information as the information sought by the Plaintiff from the

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Office of the United States Catholic Conference of Bishops. Defendants intend to object to
many of these requests on a number of grounds including the grounds set forth in the Joint
Motion by Defendants to Quash Notice of Intention to Take Deposition By Written Question and
Subpoena for Records for the United States Catholic Conference of Bishops.

Since the

information requested from the United States Catholic Conference of Bishops is information
directly provided by the Defendants, Defendants submit that, before Plaintiff obtains the
information from the United States Catholic Conference of Bishops, this Court should consider
the Defendants’ objections to the Requests for Production of Documents requesting essentially
the same or similar information and determine whether the information requested is discoverable
in this case. Allowing the Plaintiff to obtain the information from a third-party would not allow
the Defendants the opportunity to object to the request for its own records as set forth in the
Federal Rules of Civil Procedure.
Respectfully submitted,
DUPLASS, ZWAIN, BOURGEOIS,
PFISTER & WEINSTOCK
/s/ C. Michael Pfister
___________________________________
C. MICHAEL PFISTER (#14317)
Three Lakeway Center, Suite 2900
3838 N. Causeway Boulevard
Metairie, LA 70002
Telephone: [phone]

Facsimile: [phone]
Email: [e-mail]
Attorneys For Defendants, Roman Catholic Church Of The
Diocese Of Baton Rouge, Most Reverend Robert W. Muench,
his Predecessors and Successors, as Bishop of the Roman
Catholic Church of the Diocese of Baton Rouge, and
Fireman’s Fund Insurance Company

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2

KINNEY ELLINGHAUSEN RICHARD &
DESHAZO
/s/ Don M. Richard
___________________________________
DON M. RICHARD (#11226)
1250 Poydras St., Suite 2450
New Orleans, LA 70113
Telephone: [phone]

Email: [e-mail]
Attorneys For Defendants, Redemptorists/New Orleans Vice
Province and Fr. Harry Grile On Behalf Of The Denver
Province Of The Redemptorists

CERTIFICATE OF SERVICE

I hereby certify that on the 27th day of March, 2012, the foregoing was filed electronically
with the Clerk of Court using the CM/ECF system. Notice of this filing will be sent to counsel
of record by operation of the court’s electronic filing system.
/s/ C. Michael Pfister
_____________________________
C. MICHAEL PFISTER (#14317)
[e-mail]

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