MCCLATCHEY v. ASSOCIATED PRESS

Filing 43

PRETRIAL STATEMENT filed by ASSOCIATED PRESS. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D)(Berry, Michael)

MCCLATCHEY v. ASSOCIATED PRESS

Doc. 43 Att. 4

Case 3:05-cv-00145-TFM

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Filed 04/18/2007

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EXHIBIT D

Dockets.Justia.com

Case 3:05-cv-00145-TFM

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DOCUMENTS AND OTHER EVIDENCE AP MAY OFFER Exhibit Number DEF 44 Description of Exhibit Letter from Eric Lieberman, Associate Counsel of The Washington Post, to Douglas M. Hall, Niro, Scavone, Haller & Niro, dated Dec. 15, 2005 (Supplemental Penchina Decl. Ex. A) Excerpt from "The Shanksville Story," published on September 11, 2002 in The Tribune-Democrat (McClatchey Dep. Ex. 2) Transcript of Deposition of James R. Gerberich taken January 19, 2006 Transcript of Deposition of George Galt taken January 19, 2006 Transcript of Deposition of J. David Ake taken January 20, 2006 Transcript of Deposition of Charles Sheehan taken March 9, 2006 Transcript of Deposition of Gene J. Puskar taken March 15, 2006 Letter from David G. Oberdick to Jim Bramson dated October 21, 2003 (AP00002-A to ­D, and attached screenshot) Letter dated March 4, 2005 from Douglas M. Hall to John K. Keitt, Jr. (AP00003-04) Email dated December 9, 2003 from David G. Oberdick to [e-mail] (AP00005) PhotoArchive System List of users who downloaded image APA6430495 dated August 29, 2005 (AP00184) Report titled "Digital PhotoStream Subscribers" (AP00194-96) Report titled "PhotoStream Subscribers Broadcast Department" (AP00197) Report identifying subscribers to AP's PhotoStream service (AP00198-225) AP PhotoStream Agreement form (AP00226-27) Yahoo! Message Board posting from keystonecamaroclub dated September 26, 2001 (A0510) Yahoo! Message Board posting from keystonecamaroclub dated October 10, 2001 (A0512)

DEF 45 DEF 46 DEF 47 DEF 48 DEF 49 DEF 50 DEF 51 DEF 52 DEF 53 DEF 54 DEF 55 DEF 56 DEF 57 DEF 58 DEF 59 DEF 60

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Exhibit Number DEF 61 DEF 62 DEF 63 DEF 64 DEF 65 DEF 66 DEF 67 DEF 68 DEF 69 DEF 70 DEF 71 DEF 72 DEF 73 DEF 74 DEF 75 DEF 76 DEF 77

Description of Exhibit "Liberty Bound" video clip (MC 00417) "Liberty Bound" screen shots (A0517-20) (McClatchey Dep. Ex. 27) "The Flight that Fought Back" video clip (MC 00418) "The Flight that Fought Back" slides dated March 11, 2006 (A0521-22) (McClatchey Dep. Ex. 28) "Windsor Park Stories, Shanksville Episodes" video clip "Windsor Park Stories, Shanksville Episodes" screen shots dated March 11, 2006 (A0523-37) (McClatchey Dep. Ex. 29) Yahoo! Message Board posting from keystonecamaroclub dated December 26, 2001 (A0540-41) Yahoo! Message Board posting from keystonecamaroclub dated October 11, 2001 (A0543) Printout of a page from the web site of Mountain Lakes Realty, LLC, http://www.mtnlakesrealty.com (A0545) Email exchange between Val McClatchey and Kathy Jones containing messages dated November 24, 2001 and November 26, 2001 (MC 00010) Email exchange between Emilie Sommer and Val McClatchey dated March 8, 2002 (MC 00037) Email from Val McClatchey to [e-mail] dated October 11, 2001 (MC 00045) Email from Val McClatchey to [e-mail] dated September 21, 2001 (MC 00046) Email from Val McClatchey to [e-mail] dated September 29, 2001 (MC 00047) Email exchange between Val McClatchey and Mike Morlacci containing messages dated November 27, 2001 and November 28, 2001 (MC 00058) Letter from Valencia McClatchey to Olivier Picard (MC 00063) Email exchange between Val McClatchey and Arash Ghadishah containing messages dated June 5, 2002 and June 6, 2002 (MC 00064)

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Exhibit Number DEF 78 DEF 79 DEF 80 DEF 81 DEF 82 DEF 83 DEF 84 DEF 85

Description of Exhibit Email exchange between Val McClatchey and Derek Mitchell dated August 19, 2003 (MC 00066) Email from Val McClatchey to Allison Martin at WTAJ-TV (MC 00068) Excerpt from Killtown website entitled "What Really Happened to Flight 93?" (MC 00088-114) Email from Valencia McClatchey to Rosalee Grable ([e-mail]) dated January 28, 2005 (MC 00116) Email from Valencia McClatchey to FEMA dated January 7, 2005 (MC 00117) Email from Valencia McClatchey to FEMA dated January 28, 2005 (MC 00118) Email from Valencia McClatchey to [e-mail] dated January 28, 2005 (MC 00119) Email exchange between Valencia McClatchey and Rosalee Grable ([e-mail]), et al. dated January 28, 2005 (MC 00121-24) Email exchange between Valencia McClatchey and Paul Thompson containing an undated message and a message dated August 19, 2003 (MC 00128) Excerpt from a timeline from the website www.unansweredquestions.net (MC 00141) Reader's Digest Association Inc. check stub for $500 payment to Valencia McClatchey dated July 26, 2002 (MC 00157-158) CBS check stub for a $300 payment dated 10/25/01 (MC 00159) Photosearch, Inc. check stub for $350 payment to Valencia McClatchey dated February 18, 2004 (MC 00160) Washington Post check stub for $300 payment to Valencia McClatchey dated March 18, 2002 (MC 00161-62) Letter mailed April 8, 2002 from John Harris of Federal Aviation Administration to Val McClatchey (MC 00166-67)

DEF 86

DEF 87 DEF 88 DEF 89 DEF 90 DEF 91 DEF 92

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Exhibit Number DEF 93 DEF 94 DEF 95 DEF 96 DEF 97 DEF 98 DEF 99 DEF 100 DEF 101 DEF 102 DEF 103 DEF 104 DEF 105

Description of Exhibit Pittsburgh Post-Gazette check stub for $50 payment to Valencia McClatchey dated November 29, 2001 (MC 00171-72) Check stub for $250 payment to Valencia McClatchey dated October 11, 2002 (MC 00173) Bookspan purchase order for $250 to Valencia McClatchey dated July 11, 2002 (MC 00184) Article titled "Photo Brought Fame, not Fortune for Woman," published on September 13, 2002 in The Tribune-Democrat (MC 00198) Photograph of President Bush and "End of Serenity" (MC 00206) Photograph of Val McClatchey and Congressman Murtha (MC 00207) Article titled "Day to Remember," published in The Indiana Gazette (MC 00212) Article titled "Woman receives photo award," published in the Daily American (MC 00213) Letter from Jeffrey Bryan of Picture.com to Valencia McClatchey dated October 17, 2003 (MC 00214-15) Excerpt from International Library of Photography publication titled "Gleaming Moments" (MC 00216-18) Excerpt from story titled "Let's Roll: The Untold Story of Flight 93" published in Reader's Digest, September 2002 (MC 00219-21) Page titled "A Year Like No Other ­ 2001: The Year in Photos," published by the Pittsburgh Post-Gazette (MC 00223) Page titled "A Year Like No Other," published in the Pittsburgh Post-Gazette on January 6, 2002 (MC 00225) Note dated December 9, 2002 from Theresa Ambrose of The Age to Val McClatchey promising a check and enclosing an article published in The Age on September 11, 2002 (MC 00226-27) "End of Serenity" in the Smithsonian (MC 00237-38) Article titled "The View from Shanksville: At Pennsylvania's Ground Zero" (MC 00239)

DEF 106 DEF 107 DEF 108

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Exhibit Number DEF 109 DEF 110 DEF 111 DEF 112 DEF 113 DEF 114 DEF 115 DEF 116 DEF 117 DEF 118 DEF 119 DEF 120

Description of Exhibit Excerpt from an article published in Stern (MC 00240) Excerpt from an article published in Focus on December 10, 2001 (MC 00243-45) "News Briefs" page published in PennLines, October 2001 (MC 00246-47) Story titled "Photo Benefits Crash Victims" published in Penn Lines, January 2002 (MC 00248-49) Excerpt from Pennsylvania Township News, January 2002 (MC 00250-51) Photograph of Val McClatchey with "End of Serenity" (MC 00255) Excerpt from Der Spiegel, Volume 50, 2001 (MC 00258) Article titled "The Real Story of Flight 93," published in Newsweek, December 3, 2001 (MC 00259-69) Excerpts from Le Point (MC 00271-73) Article titled "Tranquility Shattered," published on September 11, 2002 in The Tribune-Democrat (MC 00274-76) Cover of The Washington Post Magazine, May 12, 2002 (MC 00277) Excerpt from story titled "Materials management department lends aid at Flight 93 crash site," published in Healthcare Purchasing News, February 2002 (MC 00278-79) Article titled "Shanksville," published in How America Changed the World (MC 00280-81) Excerpt from 2001: Criminal Acts Against Civil Aviation (MC 00282-86) Sidebar story titled "The View from Shanksville: At Pennsylvania's Ground Zero," excerpted from Time (MC 00287-88) Letter from Roxanne Esch to David G. Oberdick dated January 22, 2004 (MC 00291) Email exchange between David Oberdick and George Galt containing messages dated December 9, 2001 and December 12, 2001 (MC 00292-95) "End of Serenity" photograph (MC 00434)

DEF 121 DEF 122 DEF 123 DEF 124 DEF 125 DEF 126

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Exhibit Number DEF 127 DEF 128

Description of Exhibit Letter from Randy Wells to John and Val McClatchey dated September 8, 2002 (MC 00736-37) Demonstrative exhibit comparing photograph printed in the Philadelphia Daily News and the photograph distributed by AP

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