American Freedom Defense Initiative et al v. Suburban Mobility Authority For Regional Transportation (SMART) et al

Filing 58

MOTION for Summary Judgment by All Plaintiffs. (Attachments: # 1 Index of Exhibits, # 2 Exhibit 1--Declaration of Robert Spencer, # 3 Exhibit 2--Declaration of Pamela Geller, # 4 Exhibit 3--Declaration of Robert J. Muise, # 5 Exhibit 4--SMART deposition excerpts, # 6 Exhibit 5--SMART deposition exhibits, # 7 Exhibit 6--Beth Gibbons deposition excerpts, # 8 Exhibit 7--Pamela Geller deposition excerpts, # 9 Exhibit 8--Pamela Geller deposition exhibits, # 10 Exhibit 9--Elizabeth Dryden deposition excerpts) (Muise, Robert)

EXHIBIT 3

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF MICHIGAN
AMERICAN FREEDOM DEFENSE
INITIATIVE; et al.,

No. 2:10-cv-12134-DPH-MJH

Plaintiffs,

DECLARATION OF
ROBERT J. MUISE

v.
SUBURBAN MOBILITY AUTHORITY
for REGIONAL TRANSPORTATION
(“SMART”), et al.,

Hon. Denise Page Hood
Magistrate Judge Hluchaniuk

Defendants.
AMERICAN FREEDOM LAW CENTER
Robert J. Muise, Esq. (P62849)
P.O. Box 131098
Ann Arbor, MI 48113
[e-mail]
[phone]
David Yerushalmi, Esq.
1901 Pennsylvania Avenue NW
Suite 201
Washington, D.C. 20006
[e-mail]
[phone]

SMART
Avery E. Gordon, Esq. (P41194)
Anthony Chubb, Esq. (P72608)
535 Griswold Street, Suite 600
Detroit, MI 48226
[e-mail]
[e-mail]
[phone]
Fax: [phone]
VANDEVEER GARZIA, P.C.
John J. Lynch (P16887)
Christian E. Hildebrandt (P46989)
1450 W. Long Lake Road,
Suite 100
Troy, MI 48098
[e-mail]
[e-mail]
[phone]
Fax: [phone]

THOMAS MORE LAW CENTER
Erin Mersino, Esq. (P70866)
24 Frank Lloyd Wright Dr.
P.O. Box 393
Ann Arbor, MI 48106
[e-mail]
[phone]

Counsel for Defendants
Counsel for Plaintiffs

______________________________________________________________________________

1

I, Robert J. Muise, make this declaration pursuant to 28 U.S.C. § 1746 and
based on my personal knowledge.
1.

I am an adult citizen of the United States and co-lead counsel for

Plaintiffs in the above-captioned case. I have personal knowledge of the matters
set forth in this declaration, which is filed in support of Plaintiffs’ motion for
summary judgment (hereinafter “Plaintiffs’ motion”).
2.

Exhibit 4 to Plaintiffs’ motion contains true and correct copies of

excerpts of the deposition of Defendant SMART taken in this matter pursuant to
Rule 30(b)(6) of the Federal Rules of Civil Procedure (hereinafter “SMART
Deposition”). The designated witness for this deposition was Anthony Chubb,
SMART’s Assistant General Counsel.
3.

During the SMART Deposition, the parties entered into the following

stipulation on the record: “that the documents that were produced pursuant to the
discovery request, the parties will stipulate to the authenticity of those documents,
meaning that they will authenticate by the stipulation that the documents are what
they purport to be.”

The stipulation is at pages 91 to 92 of the SMART

Deposition.
4.

Exhibit 5 to Plaintiffs’ motion contains true and correct copies of

deposition exhibits that were introduced during the SMART Deposition. The
deposition exhibits are provided in numerical order.
2

5.

Exhibit 6 to Plaintiffs’ motion contains true and correct copies of

excerpts of the deposition of Plaintiff Pamela Geller (hereinafter “Geller
Deposition”) taken in this matter.
6.

Exhibit 7 to Plaintiffs’ motion contains true and correct copies of

deposition exhibits that were introduced during the Geller Deposition.
7.

Exhibit 8 to Plaintiffs’ motion contains true and correct copies of

excerpts of the deposition of Defendant Beth Gibbons taken in this matter.
8.

Exhibit 9 to Plaintiffs’ motion contains true and correct copies of

excerpts of the deposition of Elizabeth Dryden taken in this matter.
9.

Exhibit A to this declaration is a true and accurate photograph of the

“atheist advertisement” submitted by the Detroit Area Coalition of Reason. This
advertisement, which ran on SMART’s buses, is referenced in Exhibit 4 to the
SMART Deposition. Additionally, this photograph was previously filed in this
case by Defendants as an exhibit (Doc. No. 12-7).
10.

Exhibit B to this declaration is an email and attached photographs that

were produced by Defendants during the course of this litigation. The email and
photographs relate to the controversy involving the “atheist advertisement” and the
associated vandalism of this advertisement.
11.

Exhibit C to this declaration is a true and accurate copy of a webpage

from the Detroit Area Coalition of Reason website during the time when the
3

advertisement” was approved by SMART.
I declare (or certify, verify, or state) under penalty of perjury that the
foregoing is true and correct.
Executed on the 15th day of August, 2013.
/s/ Robert J. Muise
Robert J. Muise, Esq.

4

EXHIBIT A

EXHIBIT B

EXHIBIT C

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