Yoder, et al v. Town of Morristown, et al

Filing 59

Letter Motion from Jason D. Gerstein for Menno L. Glick, John L. Hershberger, Menno S. Hershberger, Urie Hershberger, Andy A. Miller, Harvey Miller, Mose Miller, Dannie L. Swartzentruber, Mosie Swartzentruber, Peter D. Swartzentruber, Levi Yoder, Jonas Zook, Sam Zook requesting a Court Conference submitted to Judge George H. Lowe. (Mervis, Michael)

Exhibit 1

From: Sent: T o: Cc: Subject: Jacinda: Two quick things:

Goldberger, Daniel P. Friday, March 05, 2010 4:41 PM 'Jacinda Conboy' 'Lori Windham' Yoder v Morristown

1. On the call with Magistrate Judge Lowe, we told you that we would provide you with a cutoff date for your document searches. That date is January 1, 2000. 2. Defendants' production appears to be missing documents. Specifically, the following Bates ranges are missing: · · · · · · · · D0054 - D0065 D0101 - D0103 D0111 D3030 - D3161 D5954 D8139 - D8164 D8526 - D8536 D8556

Please let us know the status of these documents. Thanks, Dan Daniel P. Goldberger Attorney at Law | Proskauer 1585 Broadway New York, NY 10036-8299 d 212.969.3174 f 212.969.2900 [e-mail]

1

Exhibit 2

BOARD OF ADVISORS
Hon. William P. Barr Former Attorney General of the United States Prof. Stephen L. Carter Yale Law School His Eminence Francis Cardinal George, O.M.I., Archbishop of Chicago Hon. Orrin G. Hatch United States Senator Prof. Douglas Laycock University of Michigan Law School Rev. Richard John Neuhaus Eunice Kennedy Shriver

April 22, 2010 By Electronic Mail and First Class Mail Jacinda H. Conboy, Esq. Lemire Johnson, LLC 2534 Route 9 P.O. Box 2485 Malta, NY 12020 Dear Ms. Conboy: We write to follow-up on our discussion during the telephone hearing held on February 26, 2010 and in Mr. Goldberger's subsequent March 5 email to you. As you recognized by sending us an additional document on April 20, document discovery is not stayed, and we want to ensure that the outstanding discovery issues are resolved so that depositions may proceed in a timely manner after the stay of depositions is lifted. Our records reflect that the following five issues remain outstanding: 1. We have not received the privilege log promised to Plaintiffs during the February 26th hearing. During the February 26th hearing, you stated that a forensic expert 2. had been retained to ensure that Defendants' computers were searched thoroughly for responsive documents. Please provide us with any additional responsive documents that have been identified. 3. We have not received Defendants' supplemental responses to Interrogatories 2, 5, 6, and 7, as required by Magistrate Judge Lowe during the February 26th hearing. 4. In Mr. Goldberger's March 5 email, he identified several gaps in the Bates numbers of documents provided to us during discovery and requested that the documents bearing those Bates numbers be produced, or an explanation for the gaps be provided, but we have yet to receive a response from Defendants.

Sargent Shriver Chairman of the Board, Special Olympics International Dr. Ronald B. Sobel Senior Rabbi, Congregation Emanu-El of the City of New York John M. Templeton, Jr., M.D. Bryn Mawr, Pennsylvania

3000 K St., NW, Suite 220 Washington, DC 20007-5109 Phone: [phone] Fax: [phone] www.becketfund.org

Jacinda H. Conboy Page 2 of 2 April 22, 2010 5. At the February 26th hearing, we discussed the production of certain Town documents, which you had objected were too voluminous because of the timeframe requested. As Mr. Goldberger confirmed in his March 5 email, Plaintiffs seek the production of town documents dating to January 1, 2000. Please provide Defendants' responses and documents, to the extent they exist, no later than April 28. In the event you have any questions, please do not hesitate to contact me. Sincerely,

Lori H. Windham Senior Counsel

cc:

Russell L. Hirschhorn Daniel P. Goldberger Jason D. Gerstein Michael Mervis Eric Rassbach Rachelle L. Laroche

Exhibit 3

From: Jacinda Conboy [mailto:[e-mail]] Sent: Monday, April 26, 2010 3:44 PM To: Lori Windham Cc: Deb Subject: Yoder v. Morristown

Lori, I am in receipt of you letter of last week regarding discovery issues. Perhaps we can set up a telephone conference next week to discuss the issues set forth in your letter as well as a reasonable timetable for responses. Please coordinate with my paralegal Debbie Lewenden (who is copied on this correspondence) with respect to a date for a conference as I am not going to be available for a conference this week. Thanks, Jacinda
Jacinda H. Conboy, Esq. LEMIRE JOHNSON, LLC Attorneys at Law 2534 Rte. 9, PO Box 2485 Malta, NY 12020 phone [phone] fax [phone] email: [e-mail]
This electronic message contains information that may be legally confidential and/or privileged. The information is intended solely for the individual or entity named above and access by anyone else is unauthorized. If you are not the intended recipient, any disclosure, copying, distribution, or use of the contents of this information is prohibited and may be unlawful. If you have received this electronic transmission in error, please reply immediately to the sender and then delete the message.

Exhibit 4

From: Sent: To: Cc:

Lori Windham [[e-mail]] Wednesday, April 28, 2010 11:48 AM Jacinda Conboy; Deb Hirschhorn, Russell L.; Goldberger, Daniel P.; Gerstein, Jason D.; Laroche, Rachelle L.; Mervis, Michael; Eric Rassbach

Subject: Yoder v. Morristown Jacinda, I can schedule a time to confer on issue #4 (the missing bates numbers) next week. Please advise as to your availability during the afternoon of Wednesday, May 5. As to the remaining items, we have already conferred at length on those issues, and the result was Magistrate Judge Lowe's order directing you to provide us with those documents. Two months have passed since that order, and we have yet to receive even a single responsive document. Please ensure that those documents reach us no later than COB on Tuesday, May 4. If we have not received those documents at that time, we will begin proceedings to compel their disclosure. Sincerely, Lori Lori Windham Senior Counsel Becket Fund for Religious Liberty 3000 K St., NW Suite 220 Washington, DC 20007 [phone] x202
NOTICE: This e-mail is from a law firm, The Becket Fund for Religious Liberty, and is intended solely for the use of the person(s) to whom it is addressed. If you believe you received this e-mail in error, please notify the sender immediately, delete the e-mail from your computer and do not copy or disclose it to anyone else. If you are not an existing client of The Becket Fund, do not construe anything in this e-mail to make you a client unless it contains a specific statement to that effect and do not disclose anything to The Becket Fund in reply that you expect or want it to hold in confidence. If you properly received this e-mail as a client, co-counsel or retained expert of The Becket Fund, you should maintain its contents in confidence in order to preserve the attorney-client or work product privilege that may be available to protect confidentiality.

Exhibit 5

Exhibit 6

BOARD OF ADVISORS
Hon. William P. Barr Former Attorney General of the United States Prof. Stephen L. Carter Yale Law School His Eminence Francis Cardinal George, O.M.I., Archbishop of Chicago Hon. Orrin G. Hatch United States Senator Prof. Douglas Laycock University of Michigan Law School Rev. Richard John Neuhaus Eunice Kennedy Shriver

May 6, 2010 By Electronic Mail Jacinda H. Conboy Lemire Johnson, LLC 2534 Route 9 P.O. Box 2485 Malta, NY 12020 Dear Jacinda: I am writing in response to your May 5, 2010 letter. As you know, during the Court conference held on February 26, 2010, Judge Lowe ordered Defendants to: (1) Produce a privilege log. (2) Provide any additional responsive documents identified as a result of Defendant's thorough forensic search of their computers. (3) Provide supplemental responses to Plaintiffs' Interrogatories 2, 5, 6 and 7. (4) Produce documents responsive to Plaintiffs' document requests pursuant to a time period to be provided by Plaintiffs after the February 26, 2010 conference. (By email dated March 5, 2010, Plaintiffs requested that Defendants produce documents responsive to Plaintiffs' documents from January 1, 2000 through the present. We have attempted to confer in good faith with Defendants on multiple occasions. Having had over two and one-half months to comply with the Court's order, we believe a second two-month delay is unreasonable. Furthermore, despite multiple requests, Defendants still have not provided any explanation for the bates number gaps in their document production. Please be advised that if we do not receive confirmation from Defendants by noon on Friday, May 7, that Defendants will fully comply with the Court's February 26 order by May 14, Plaintiffs reserve the right to seek an appropriate order from the Court compelling Defendants to do so and will seek all of their fees and costs in connection with doing so.

Sargent Shriver Chairman of the Board, Special Olympics International Dr. Ronald B. Sobel Senior Rabbi, Congregation Emanu-El of the City of New York John M. Templeton, Jr., M.D. Bryn Mawr, Pennsylvania

3000 K St., NW, Suite 220 Washington, DC 20007-5109 Phone: [phone] Fax: [phone] www.becketfund.org

May 6, 2010 Jacinda H. Conboy Page 2 of 2 Finally, we note that your objection to producing documents relating back to January 2000 is unfounded because the Amish have resided in the area for over thirty years and, in any event, even if they had not, the requested documents would be relevant to establishing the Town's policies and procedures and enforcement thereof. We look forward to hearing from you. Sincerely,

Lori Windham