Bradburn et al v. North Central Regional Library District

Filing 84

NCRL's Response to Plaintiffs' 80 Objections to Defendant's Witness and Exhibit List by North Central Regional Library District. (Monroe, Celeste) Modified on 4/10/2008 to link to objections (CV, Case Administrator).

Bradburn et al v. North Central Regional Library District

Doc. 84

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The Honorable Edward F. Shea
Thomas D. Adams

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3 Celeste Mountain Monroe

4 KARR TUTTLE CAMPBELL
5 1201 Third Avenue, Suite 2900

Seattle, Washington 98101-3028

6 [phone]

7 Attorneys for North Central Regional Library District
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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF WASHINGTON AT SPOKANE

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SARAH BRADBURN, PEARL

CHERRNGTON, CHARLES
HEINLEN, and THE SECOND

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AMENDMENT FOUNATION,
Plaintiffs,
v.

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) ) ) NO. CY-06-327-EFS ) ) NCRL'S RESPONSE TO ) PLAINTIFFS' OBJECTIONS TO ) DEFENDANT'S WITNESSES AND ) EXHIBIT LIST )
)

NORTH CENTRAL REGIONAL LIBRARY DISTRICT,

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Defendant.

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Defendant NCRL hereby responds to Plaintiffs Objections to Defendants'
Wi tness and Exhibit List.

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NCRL'S RESPONSE TO PLAINTIFFS' OBJECTIONS TO DEFENDANT'S WITNESSES AND EXHIBIT LIST - 1
CV-06-327-EFS
DOCS.66SS371 -

l.alO 0llices

KARR TUTTLE CAMPBELL
A I'r(~fe.\sional .)'erv/ce Corpora/ion
12111 Third An:nuc, Suite 291~i, Seallie. Washin~ll1n IJHIUI-J02H lclcl'liunc (2'1l'í) 223-13 13, Fiicsiinilc (2116) 6H2-7 1011

Dockets.Justia.com

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I. WITNESSES
Plaintiffs' arguments in support of its objections to the introduction of

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NCRL witnesses Connie Kuhlman, Sharon Reddick, Katy Sessions, and
Deborah Moore are set forth in Plaintiff s Motions in Limine. This pleading
was filed separately from Plaintiffs' Objections to NCRL's Witness and Exhibit

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List. Accordingly, NCRL reserves its response to Plaintiffs' arguments
regarding the introduction of Kuhlman, Reddick, Sessions and Moore for its
opposition to Plaintiffs' Motion in Limine, which is scheduled to be filed on or
before April 11, 2008.

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II. EXHIBITS
A. NCRL's Exs. 533-536

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NCRL seeks to introduce four incident reports prepared by NCRL branch

librarians between 2005 and 2008 detailing instances where sex offenders have

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patronized NCRL branch libraries and created disruptions or posed a threat to

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children, as well as one situation where an individual was asked to leave the
library for inappropriate sexual conduct in a library setting. Plaintiffs object to

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the incident reports, arguing that the documents are hearsay and that they are
irrelevant.

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NCRL'S RESPONSE TO PLAINTIFFS' OBJECTIONS TO DEFENDANT'S WITNSSES AND EXHIBIT LIST - 2
CV -06-327-EFS
DOCS.66SS371 -

Law Offces

KARR TUTTLE CAMPBELL
A Professional Sen!ice Corpora/ion
I2U1 Third A,'cnuc, Suile 2!JULI, SCiiiilc, W;ishin~lnn 98101-31128 Telephone (2U6) 223.13 13, Facsimile (206) 6S2-7WiI

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Plaintiffs hearsay objection is easily overcome by the business records
exception. The reports are writings or records of act/events, made at or near the
time of the incidents, or from information transmitted by a person with

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knowledge of the incident. The reports were kept and turned over to NCRL
administrators Dan Howard and Dean Marney in the normal course of business.

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The incident reports were not prepared in anticipation of litigation.
Accordingly, Plaintiffs' hearsay objection lacks merit.

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Second, the documents are relevant. When asked why NCRL has elected

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to employ the filter at all times, Executive Director Dean Marney testified that,
among other things, "Libraries have a peculiar problem that we attract a certain
element in our communities that isn't always family friendly." (Marney Dep. at
p. 55). These incident reports are evidence of unique risks associated with

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operating a public library, which NCRL administrators believe offers further
support for their decision to filter content such as adult materials and

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pornography.

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Plaintiffs suggestion that the incidents detailed in the proffered reports
"have nothing to do with any of the issues before the Court" is disingenuous.
(Ct. Rec. 80, p. 4). Plaintiffs ask the Court to consider NCRL's Internet Usage
NCRL'S RESPONSE TO PLAINTIFFS' OBJECTIONS TO DEFENDANT'S WITNSSES AND EXHIBIT LIST - 3
CV-06-327-EFS
DOCS.66SS371 -

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I.aw Offces

KARR TUTTLE CAMPBELL
A Professional Service Corpora/ion
1201 Third r\\cnUl~1 Suile 29110, ScatHe, Washin~liin 98101-3028 Telephone [phone], Facsimile (206) 682.7HlO

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Policy in a vacuum, without reference to the types of conduct and issues that
inform, and continue to justify, the Policy. Plaintiffs can argue as to the weight

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the reports should be given at trial, but they cannot passively contend that the
reports are relevant and admissible.

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B. NCRL Exhibits 542-645
NCRL seeks to introduce all patron unblocking requests and related
correspondence. In its original disclosure, NCRL envisioned identifying each

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request and response as a separate exhibit - which would be numbered

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approximately Exs. 542-645. Although NCRL did not provide Plaintiffs with a
copy of these exhibits (specifically labeled Exs. 542-645) for purposes of

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exchanging exhibit lists, Plaintiffs were certainly in possession of all of the
documents NCRL intends to include as they are all, for the most part, contained
in Plaintiffs' Ex. 66.

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At this time, NCRL and Plaintiffs counsel have conferred and believe that
both parties wil be able to use Plaintiffs' Ex. 66, which was reserved as

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NCRL's Ex. 702, at triaL. The parties intend to work together to refine and
update the exhibit in the coming weeks. In the event that there is any dispute

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NCRL'S RESPONSE TO PLAINTIFFS' OBJECTIONS TO DEFENDANT'S WITNESSES AND EXHIBIT LIST - 4
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DOCS-66SS371 -

Lall Offces

KARR TUTTLE CAMPBELL
A IJrafè.\.,\'onal Sei,ijc:e CorporaflOn
12111 Third A\'cnLlc, Suiic Z'JUU, ScalUc. Waiihinginn 9HIlJl-J1I2H Tclqihunc (211(,) 223-13 i 3, Facsimile (2U6) 6HZ.711111

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between what should and should not be included, NCRL wil fill its document
separately under NCRL Ex. 702.

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C. NCRL's Ex. 699

NCRL seeks to introduce a letter from the ACL U of Washington to

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NCRL library patrons as Ex. 699. NCRL's Executive Director Dean Marney

obtained this letter from a library staff member. NCRL does not intend to
introduce the letter for the truth of the mater asserted therein, i.e. that NCRL was

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allegedly "depriving patrons of making choices" or depriving "parents of the

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ability to make the choice for their children." Rather, NCRL introduces the
letter to show that the ACLU actively solicited litigants to advance its view of
internet filtering in public libraries. Accordingly, Plaintiffs' hearsay objection
lacks merit.

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D. NCRL's Exs. 706-720

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On March 24, 2008, NCRL filed its Original Witness and Exhibit List.
(See Ex. A attached hereto.) The following day, NCRL e-mailed Plaintiffs'

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counsel a list of all of its exhibits with references to bates numbers and court
record cites for each document. On March 28, 2008, Plaintiffs' counsel
contacted NCRL' s counsel, Celeste Monroe, to inform Ms. Monroe that the two

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NCRL'S RESPONSE TO PLAINTIFFS' OBJECTIONS TO DEFENDANT'S WITNESSES AND EXHIBIT LIST - 5
CV-06-327-EFS
DOCS.66SS371 -

I.aii' OJ/ìce.i'

KARR TUTTLE CAMPBELL
A Profe.\'sional Service Corporafion
12Ul Third A,'cnuc, Suiic 2lJIlII, Seatte, Wilshin~l()n 98~i1-3028 Telephone (206) 22J-IJ 13, Facsimile (2116) 682-71011

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documents were inconsistent. Specifically, there were more documents on the
e-mailed version ofNCRL's exhibit list than on the one that was filed.

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After some investigation, it was revealed that NCRL accidentally filed a
draft version of

the witness and exhibit list, as opposed to the final version. (See

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Ex. B attached hereto.) NCRL thanked Plaintiffs for bringing the matter to their

attention and immediately filed an Amended Witness and Exhibit List. (See Ex.

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C attached hereto). Plaintiffs' counsel thanked NCRL for the clarification. (See
Ex. B).

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In light of the parties' exchange and NCRL' s prompt correction of its

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error, NCRL was surprised to receive Plaintiffs' objections to the Amended
Witness and Exhibit List. This was particularly true given that Plaintiffs had
received a complete list of the items contained in the Amended Witnesses List,

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via e-mail, less than 24 hours after the original (albeit draft) version was filed.

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In any event, Plaintiffs' objections to the introduction of these exhibits as
untimely, should be overruled.

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As an initial matter, NCRL explicitly reserved its rights to amend its
witness and exhibit list. Furthermore, Plaintiffs' cannot demonstrate prejudice.

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The documents that were accidentally omitted from the original filing include a

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NCRL'S RESPONSE TO PLAINTIFFS' OBJECTIONS TO DEFENDANT'S WITNESSES AND EXHIBIT LIST - 6
CV -06-327-EFS
DOCS.66SS371 -

I.all Offices

KARR TUTTLE CAMPBELL
A Professional Service Corporarion
liOt Third Aveiiiie. Suite 291IU, Scaiiic. Washin¡:IO" 9HIIII-J02H Tclciihoiic [phone], facsimile (2U6) 682-7)111

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number of newspapers articles collected by Mr. Marney discussing widespread
problems with unfiltered Internet access at public libraries throughout the

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county, as well as written discovery of the parties. None of these documents
were new to Plaintiffs. The newspapers articles were submitted by NCRL in
support of its motion for summary judgment and counsel has already engaged in

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considerable debate regarding their admissibility. The written discovery was
exchanged over a year ago. In the absence of any prejudice to Plaintiffs, NCRL
should be permitted to introduce Exs. 706-720 at triaL.

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Beyond the timeliness of their disclosure, Plaintiffs' have raised several

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other challenges to the admissibility of the newspaper articles, including a
hearsay challenge. Plaintiffs arguments on these points are contained in their

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Motions in Limine. Accordingly, NCRL reserves its response to Plaintiffs'

arguments regarding the admissibility of the newspaper articles for its
opposition to Plaintiffs' Motion in Limine, which is scheduled to be filed on or
before April 11, 2008.

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NCRL'S RESPONSE TO PLAINTIFFS' OBJECTIONS TO DEFENDANT'S WITNESSES AND EXHIBIT LIST - 7
CY -06-327-EFS
DOCS.66SS371 -

I.all ()ßh'es

KARR TUTTLE CAMPBELL
A Projè.\'.\ional Service Corporation
1211 Third A"cnuc, Suiic 2911l. ScilUlc. Wiishin~lnn 9H1UI-3UZH Telephone (2U6) 223-1313, Facsimile (2U6) 68Z-71un

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DATED this ih day of April, 2008
KARR TUTTLE CAMPBELL

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By:ls/ Celeste Mountain Monroe Celeste Mountain Monroe, WSBA #35843 E-mail -cmonroe(fkarruttle.com Thomas D. Adams, WSBA #18470

E-mail-tadams(fkarruttle.com
Attorneys for Defendant North Central Regional Library District KARR TUTTLE CAMPBELL 1201 Third Ave., Ste. 2900 Seattle, WA 98101
Telephone: [phone]
Facsimile: 206.682.7100

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NCRL'S RESPONSE TO PLAINTIFFS' OBJECTIONS TO DEFENDANT'S WITNESSES AND EXHIBIT LIST - 8
CV -06-327-EFS
DOCS-66SS371 -

Law Offces

KARR TUTTLE CAMPBELL
A Professional Service Corporation
12111 Third A\'cnuc, Suiic 21J1l. Sciittlc. Washinj!iun 9HIlI-JU2H Tclciihoni: (2116) 223-1313, Facsimile (2Ihí) (¡H2-71UU

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CERTIFICATE OF SERVICE
I hereby certify that on April 7, 2008, I electronically filed the foregoing

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with the Clerk of the Court using the CM/ECF system which wil send
notification of such filing to the persons listed below:
Duncan Manvile
Aaron Caplan
ACLU of

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1629 2nd Ave. W Seattle, W A 98119

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Washington 705 Second Ave., Ste. 300 Seattle, W A 98103

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Catherine Crump American Civil Liberties Union Foundation 125 Broad Street, 1 ih Floor New York, NY 10004

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KARR TUTTLE CAMPBELL

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By: IYt4tYlDeborah Messer dmesser(ßkarruttl e. com

C

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NCRL'S RESPONSE TO PLAINTIFFS' OBJECTIONS TO DEFENDANT'S WITNSSES AND EXHIBIT LIST - 9
CV-06-327-EFS
DOCS-66SS371 -

1.0Il' OffceJ

KARR TUTTLE CAMPBELL
A Professional Service Coiporaiion
1201 Third Avenue, Suiic 2900, Sciillc. Wlishin~l()n 98101-3028 Telephone [phone], Fac~miJc (20G) 682-7HIU

EXHIBIT A
NCRL's Response
Page 10

)

1

The Honorable Edward F. Shea
Thomas D. Adams

2
3 Celeste Mountain Monroe

4 KARR TUTTLE CAMPBELL
5 1201 Third Avenue, Suite 2900

Seattle, Washington 98101-3028

6 [phone]

7 Attorneys for North Central Regional Library District
8

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF WASHINGTON AT SPOKANE

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SARAH BRADBURN, PEAR

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CHæRRNGTON, CHARLES
HEINLEN, and THE SECOND

AMENDMENT FOUNATION,
Plaintiffs,
v.

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) ) ) NO. CY-06-327-EFS ) ) DEFENDANT NORTH CENTRAL ) REGIONAL LIBRARY'S WITNSS ) AND EXHIBIT LIST )

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)

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NORTH CENTRAL REGIONAL LIBRARY DISTRICT,

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Defendant.

) ) ) )

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Defendant North Central Regional Library identifies the following
witnesses and exhibits:

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DEFENDANT NORTH CENTRAL REGIONAL LIBRARY'S WITNESS AND EXHIBIT LIST - 1
CV -06-327-EFS
#663448 v I 142703-00 i

I.all O(fh'e.i'

KARR TUTTLE CAMPBELL
A Pro/e,'isional Service Corporation
I2UI Third Avenue, Suite i901~ Scali WashiD~loD 98101-3028 Ie, Telephone [phone], Facsimile [phone]

NCRL's Response
Pi.\J~ 11

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1. FACT WITNSSES

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1. Dean Marney
Dean Marney is the Director of the North Central Regional Library

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("NCRL") District. Mr. Marney was appointed to his position by the NCRL

Board of Trustees in 1990. As Director, Mr. Marney serves as the liaison
between the Board and library staff.

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Mr. Marney wil testify regarding NCRL and its policies, including: its

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mission, collection development policy and internet usage policy. He wil
testify regarding NCRL's need to comply with the Children's Internet Protection

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Act ("CIP A") and the Board's decision to implement an Internet filter to

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facilitate compliance with CIPA. Mr. Marney wil discuss NCRL's current
internet filtering profile, as well as the procedure for requesting that certain

internet content be unblocked by the filter. Mr. Marney wil discuss the
unblocking requests NCRL has received from patrons and the process that he
and Mr. Howard follow in evaluating the requests. Mr. Marney wil also discuss
the other purposes the Internet filters serve, beyond compliance with CIP A, to

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include: (1) fulfillment of traditional collection decisions; (2) protection of staff

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DEFENDANT NORTH CENTRAL REGIONAL LIBRARY'S WITNESS AND EXHIBIT LIST - 2
CV -06-327-EFS #663448 v i 142703-001

Law Offces

KARR TUTTLE CAMPBELL
A Professional Service Corporation
iiui Third Avenue. Sulle 290'~ Scaiiic, Washingion 9llJ01-3028
Telephone [phone], Facsimile [phone]

N CRL' s Response
Page 12

"

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and patrons from inadvertent exposure to ilegal, pornographic, or other
disruptive

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and inappropriate material; and (3) compliance with other state and
laws.

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federal

2. Dan Howard

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Dan Howard is the Public Services Director for NCRL. Mr. Howard
administers NCRL's 28 branch libraries and its mail order library. He also

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coordinates collection development activities and administer grants. With
respect to the individual branches, Mr. Howard's responsibilities include, among

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other things, management of personneL. This includes supervision of all NCRL
branch librarians.

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Mr. Howard wil testify regarding NCRL's policies, to include: its
mission statement, collection development policy and internet usage policy. He

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will discuss the relationship between the filter and collection development. He

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will testify regarding his district's need to comply with the Children's Internet

Protection Act ("CIP A"). Mr. Howard will also discuss NCRL' s current
internet filtering profile and the procedure for requesting that certain internet

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content be unblocked. Mr. Howard will discuss the unblocking requests that

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DEFENDANT NORTH CENTRAL REGIONAL LIBRARY'S WITNESS AND EXHIBIT LIST - 3
CV -06-327-EFS
#663448 vi 142703-001

Law Offce.\.

KARR TUTTLE CAMPBELL
A Professional Service Corpora/ion
1101 Thiril Avenue, 5pilc 2900, Seatlle, Wa!lhiDglon 981111-3028 Telephone [phone], Facsmile [phone]

NCRL's Response
Page 13

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NCRL has received from patrons and the process that he and Mr. Marney use in
evaluating the requests.

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Mr. Howard wil also discuss his experience with certain privacy
measures suggested by Plaintiffs, including: (1) privacy screens; (2) recessed

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desks and (3) a "tap and tell" policy. Mr. Howard discuss his concerns with
unfiltered access and the impact on branch staff.

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3. Barbara Walters
Barbara Walters is the Information Technology Manager for the North

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Central Regional Library District. She has served in this role since 2002.
Ms. Walters wil testify regarding the structure ofNCRL's computer network, to

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include technical information and details regarding the configuration of the
Internet filter.

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4. Connie Kuhlman

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Connie Kuhlman is the Grant County Regional Manager and head of
Moses Lake Branch. Ms. Kuhlman ran the Grand Coulee Branch before Moses
Lake.

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DEFENDANT NORTH CENTRAL

REGIONAL LIBRARY'S WITNSS AND EXHIBIT LIST - 4
CV-06-327-EFS
#663448 v I 142703-00 I

Law Offces

KARR TUTTLE CAMPBELL
A Professional Service Corporation
120) Tbird Avenue, Suile 2900, Seattle, Washington 98101-3028 Telciihone (206) 223-13)3, Fllc~mile [phone]

NCRL's Response
Page i 4

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Ms. Kuhlman wil discuss her personal experience with the internet filter,

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including instances where individuals have circumvented the filter to obtain
ilicit materiaL. She wil also discuss her concerns with unfiltered access.
5. Sharon Reddick

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Sharon Reddick is the Okanogan/err County Regional Manager &
Head of Omak Branch.

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Ms. Reddick wil discuss her personal experience with the internet filter,

including instances where individuals have circumvented the filter to obtain
ilicit materiaL. She will also discuss her concerns with unfiltered access.
6. Katy Sessions

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Katy Sessions is the Chelan/Douglas County Regional Manager & Head
of Wenatchee Branch.

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Ms. Sessions will discuss her personal experience with the internet filter,

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including instances where individuals have circumvented the filter to obtain
illicit materiaL.

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7. Deborah Moore

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Deborah Moore is a NCRL Board Trustee from Grant County. She has
served in this capacity since January 2007. Ms. Moore wil testify regarding the

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DEFENDANT NORTH CENTRAL REGIONAL LIBRARY'S WITNESS AND EXHIBIT LIST - 5
CY -06-327-EFS
#663448 v I 142703-00 i

Law Offces

KARR TUTTLE CAMPBELL
A Professional Service Corporalion

N CRL' s Response
P~HJf' 1"

201 Third Avcnue, Suile 2900, Si:lilfe, Wa,hiD~ton 98HII-3U28 TclelihllDC (2116) 223-1313, Fllc~mih: [phone]

,,'" .

i .) "

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current Internet Filtering Policy.

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II. EXPERT WITNSS
1. Paul Resnick

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Paul Resnick is a professor at the University of Michigan School of

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Information. Mr. Resnick was retained by NCRL to serve as an expert in the
current litigation.

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Mr. Resnick was asked to explain how the NCRL filtering software
works. He was also asked to assess the methods used in studying the error rates

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in the filtering software NCRL uses as reported by Plaintiffs' expert,
Mr. Bennett Haselton. Mr. Resnick wil testify regarding all of these topics. In
addition, Mr. Resnick wil testify regarding his own study ofNCRL's filter.
III. EXHIBITS

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500 501 528 529
530
531

NCRL NCRL
NCRL NCRL NCRL NCRL NCRL

Branch Library Map
Branch Photos

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Resolution adopting Internet Usage Policy Board Minutes adopting Internet Usage Policy
Internet Usage Policy Current Fortiguard Filtering Profile

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532
533 -

Incident Reports

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536

DEFENDANT NORTH CENTRAL

REGIONAL LIBRARY'S WITNSS AND EXHIBIT LIST - 6
CV -06-327-EFS
#663448 v 1 142703-001

Law Offces

KARR TUTTLE CAMPBELL
NCRL's Response
Page 16
A Professional Senlice Corporation
201 Third Avenue, Suite 2900, Sealtle, Washinglon 98101-31128 Telephone [phone], Facsimile [phone]

)

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537
538 539

NCRL

Internal memo discussing decision to
unblock "Plagerism"

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NCRL NCRL

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540

NCRL

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541

NCRL

542-645 N CRL/Patrons
646 647 648 649
650
651

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NCRL NCRL
Paul Resnick

Internal memo discussing decision to unblock " Personal Relationships" Internal memo discussing decision to unblock Y ouTube, with accompanying Terms of Use Internal memo discussing decision to unblock Myspace, with accompanying Terms of Use Internal memo discussing decision to unblock Craigslist, excepting personals Patron requests to unblock specific internet content and N CRL response Collection Development Policy
Mission Statement

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FortiGuard
NCRL NCRL NCRL NCRL NCRL NCRL

Paul Resnick's Expert Report/Data Diagrams re: how FortiGuard filter work (simply demonstrative?)
March 11, 1999 Director's Report March 11, 1999 Board Meeting Minutes

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652 653 654 655 656 657 658 659 660
661

April 15, 1999 Board Meeting Minutes
June 10, 1999 Board Meeting Minutes July 15, 1999 Board Meeting Minutes September 16, 1999 Board Meeting

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662

NCRL NCRL NCRL NCRL NCRL NCRL NCRL

Minutes August 12, 1999 Director's Report October 14, 1999 Director's Report December 16, 1999 Director's Report February 10, 2000 Director's Report January 13, 2000 Director's Report November 17, 1999 Director's Report
December 16, 1999 Board Meeting

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Minutes
DEFENDANT NORTH CENTRAL REGIONAL LIBRARY'S WITNESS AND EXHIBIT LIST - 7
CV -06-327-EFS
#663448 v I 142703-001

I.a'" Offces

KARR TUTTLE CAMPBELL
A Profe.\",\"ional Servir:e Corporation

N CRL' s Response
p~(JP 17

no) Thii-iI A,'cnuc, Suilc 291111, Scaillc, Wiiiihington 911WI-JII2H Tcleiibone (2116) 223-1313. Facsimile [phone]

r)

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664
663 664 665 666 667
668 669 670
671

NCRL

February 10, 2000 Board Meeting

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NCRL NCRL NCRL NCRL NCRL
NCRL NCRL NCRL NCRL

Minutes March 16, 2000 Board Meeting Minutes May 11, 2000 Board Meeting Minutes June 15, 2000 Board Meeting Minutes
August 10, 2000 Board Meeting Minutes September 14, 2000 Board Meeting Minutes

August 10, 2000 Director's Report October 12, 2000 Director's Report
October 12, 2000 Board Meeting

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Minutes
December 14, 2000 Board Meeting

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672 673 674
675

NCRL NCRL NCRL NCRL NCRL
NCRL NCRL NCRL NCRL NCRL

Minutes December 14, 2000 Director's Report
January 11, 2001 Board Meeting

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Minutes January 11, 2001 Director's Report February 15, 2001 Director's Report
February 15,2001 Board Meeting

676
677 678 679

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Minutes March 15, 2001 Board Meeting Minutes June 14, 2001 Director's Report
October 11, 2001 Board Meeting

19

20
21

680
681

Minutes October 11, 2001 Director's Report November 15, 2001 Board Meeting Minutes
January 17, 2002 Board Meeting

22
23

682
683

NCRL NCRL
NCRL NCRL

Minutes
February 14,2002 Board Meeting

24
25

26

684 685

Minutes February 14, 2002 Director's Report May 16, 2002 Director's Report

27
28

DEFENDANT NORTH CENTRAL REGIONAL LIBRARY'S WITNESS AND EXHIBIT LIST - 8
CV -06-327-EFS
#663448 v I 142703-00 I

Law Offces

KARR TUTTLE CAMPBELL
NCRL's Response
Paiæ 18
A Professional Service Corporalion
201 ThiriJ A'tcnue, Suite 2900, Seattle, Wii!lhingion 98101-3028 Tclcpbonc [phone], Facsimile [phone]

1

2
3

686 687
688 689

NCRL NCRL NCRL NCRL

4
5

May 16,2002 Board Meeting Minutes October 10, 2002 Board Meeting Minutes December 12,2002 Director's Report January 15,2004 Board Meeting Minutes

6

690
691

7
8

9
10
11

692 693 694
695 696 697 698 699
700 703 704

NCRL NCRL NCRL NCRL NCRL
NCRL NCRL NCRL NCRL ACLU

Apri115, 2004 Director's Report May 13, 2004 Board Meeting Minutes May 13, 2004 Director's Report April 14, 2005 Board Meeting Minutes
December 15, 2005 Board Meeting

Minutes March 16, 2006 Board Meeting Minutes
July 20, 2006 Board Meeting Minutes

12
13

14
15

NCRL/Heinlen
NCRL

16
17
18 19
// // // //

November 16, 2006 Director's Report January 18, 2007 Director's Report Correspondence from ACLU to NCRL patrons soliciting a lawsuit Correspondence between NCRL and Charles Heinlen NCRL Bylaws

20
21

22
23

24
25

//
//

26
27 28

DEFENDANT NORTH CENTRAL REGIONAL LIBRARY'S WITNESS AND EXHIBIT LIST - 9
CV -06-327-EFS #663448 v i 142703-001

Law Offices

KARR TUTTLE CAMPBELL
A Professional Service Corpora/ion

NCRL's Response
Page 19

1201 Tbiril Avenue. Suite 2900, Scallc, Wa,hington 98101 -3028
TclephoDc (206) 223-13 13, Facijrnilc [phone]

r)

1

2
3

NCRL reserves the right to amend its exhibit list, both to withdraw or
add certain exhibits, based on Plaintiff's disclosure. NCRL reserves the right
to use any exhibit proposed by Plaintiffs and admitted into evidence.
DATED this 24th day of

4
5

6 7
8
March, 2008.

KARR TUTTLE CAMPBELL
By:/s/ Thomas D. Adams Thomas D. Adams, WSBA #18470

9
10
11

E-mail-tadams(fkarruttle.com
Celeste Mountain Monroe, WSBA #35843

12
13

E-mail-cmonroe(fkarrttle.com
Attorneys for Defendant North Central Regional Library District KARR TUTTLE CAMPBELL 1201 Third Ave., Ste. 2900 Seattle, W A 98101
Telephone: [phone]
Facsimile: 206.682.7100

14
15

16 17
18

19

20
21

22
23

24
25

26
27 28

DEFENDANT NORTH CENTRAL REGIONAL LIBRARY'S WITNESS AND EXHIBIT LIST - 10
CV -06-327-EFS
#663448 vI 142703-001

Law Offc:e.\"

KARR TUTTLE CAMPBELL
A Professional Service Corporation

N CRL' s Response
Paiæ 20

:01 Third Avenue, Sui 2900, SullIe, Washington 98101-3028 Ie Telepbone (206) 22J-IJIJ, Facsimile [phone]

)

1

CERTIFICATE OF SERVICE
I hereby certify that on March 24, 2008, I electronically fied the foregoing with the Clerk of

2
3

the Court

using the cM/EcF system which wil send notification of such fiing to the persons listed below:
Duncan Manvile
Aaron Caplan

4
5

1629 2nd Ave. W
Seattle, W A 981 i 9

Washington 705 Second Ave., Ste. 300
AcLU of

Seattle, W A 98 i 03

6

Catherine Crump

7
8

American Civil Liberties Union Foundation
i 25 Broad Street, 17th Floor

New York, NY 10004

9
10
11
KARR TUTTLE CAMPBELL

12
13

By~LG
Heather L. White

hwhite~arrttle.com

14
15

16
17 18

19

20
21

22
23

24
25

26
27 28

DEFENDANT NORTH CENTRAL REGIONAL LIBRARY'S WITNESS AND EXHIBIT LIST - 11
CV -06-327-EFS
#663448 vi 142703-001

Laiv Offce..

KARR TUTTLE CAMPBELL
N CRL' s Response
Page 21
A Professional Se~;ce Corporation
01 Third Avenue, Suile 2900. Seattle, Wa!lhiDglOß 98101-3028 Telephone [phone], Facsimile (206) 6H2.7100

EXHIBIT B
NCRL's Response
Page 22

Page 1 of2

Celeste M. Monroe
From: Duncan Manville (duncan.manville(§yahoo.comJ
Sent: Friday, March 28,200810:26 AM

To: Celeste M. Monroe
Cc: Aaron Caplan; Catherine Crump

Subject: Re: NCRL Witness/Exhibit List

Thanks for the clarification, Celeste.

Duncan

----- Original Message ---From: Celeste M. Monroe .(cmonroe(fkarruttle.com?
To: Duncan Manville .(duncan.manvile(fyahoo.com?
Cc: Thomas D. Adams .(tadams(fkarrtuttle.com?; Catherine Crump .(ccrup(faclu.org?; Aaron
Caplan .(caplan(faclu-wa.org?

Sent: Friday, March 28,20089:47:58 AM Subject: NCRL Witness/Exhibit List
Duncan -

In response to your message this morning, I went and looked at the Witness and Exhibit List that we filed and it did not match what was on our electronic system. Heather believes that she accidentally filed a draft version of the pleading that was sitting on her desk - which did not include anything after Ex. 704. I had added 705 (the Reserved Exhibit to match up with your Ex. 66) as well as all of the newspaper articles, and interrogatories/RFPs for Plaintiffs and NCRL to the document that should have been filed.

All of the documents that we intend to offer at trial were included in the chart that I sent you on the 25th - except the rogs/RFPS, which I didn't believe you needed citations for.
We apologize for this confusion and are in the process of filing the amended version of our Witness and Exhibit List right now.
Thank you,

o Karr Tuttle Campbell

Celeste Mountain Monroe
Attorney 1201 3rd Avenue, Suite 2900 Seatte, Washington 98101 "direct 206-224-8064 e main 206-223-1313

. fax [phone]
Visit our website www.karrtuttle.com

A Law Firm for the Pacific Northwest

NCRL's Response
417/200&
Page 23

Page 2 of2

IMPORTANT/CONFIDENTIAL: This e-mail message (and any attachments accompanying it) may contain confidential information, including information protected by attorney-client privilege. The this message to anyone the intended recipient(s). Delivery of information is intended only for the use of other than the intended recipient(s) is not intended to waive any privilege or otherwise detract from the confidentiality of the message. If you are not the intended recipient, or if this message has been addressed to you in error, do not read, disclose, reproduce, distribute, disseminate or otherwise use this transmission, rather, please promptly notify the sender by reply e-mail, and then destroy all copies ofthe message and its attachments, if any.

IRS Circular 230 Disclaimer: To ensure compliance with requirements imposed by the IRS, we inform you that to the extent this communication contains advice relating to a Federal tax issue, it is not intended or written to be used, and it may not be used, for (i) the purpose of avoiding any penalties that may be imposed on you or any other person or entity under the Internal Revenue Code or (ii) promoting
or marketing to another part any transaction or matter addressed herein.

Looking for last minute shopping deals? Find them fast with Yahoo! Search.

4/7 /2008

N CRL' s Response Page 24

EXHIBIT C
N CRL' s Response Page 25

/\
t)

/
L

The Honorable Edward F. Shea

UNTED STATES DISTRICT COURT EASTERN DISTRICT OF WASHIGTON
AT SPOKANE

SAR BRABUR, PEAR
CHERRNGTON, CHAES
HE~EN, md THE SECOND AMNDMENT FOUNATION,
Plaintiffs,
v.

) ) ) NO. CV-06-327-EFS ) ) DEFENDANT NORTH CENTRA ) REGIONAL LIBRAY'S AMNDED
) )

WITNSS AND EXHIBIT LIST

NORTH CENTRA REGIONAL
LIBRARY DISTRICT,
Defendant.

) )
) ) )

24
25

Defendant North Central Regional Library identifies the following

26 witnesses and exhibits:
27 28

DEFENDANT NORTH CENTRAL

REGIONAL LIBRAY'S AMNDED
WITNSS AND EXHIBIT LIST - 1
cV06-327-EFS
#664851 vi 142703-001
Law Offces

KARR TUTTLE CAMPBELL
A Professional Service Corporafion
1101 Third AYeDu~. S.¡Ic i900 SIt.llfe, W.,bia~oD 911101-3028 Tekphoiie (i06)i1J~I3IJ. Fiicdmlle [phone]

NCRL's Response
Page 26

J)

)

1

2
3

i. FACT WITNSSES
1. Dean Marney

4
5

Dean Marney is the Director of the North Central Regional Library

6 7
8

("NCRL") District. Mr. Marney was appointed to his position by the NCRL

Board of Trustees in 1990. As Director, Mr. Marney serves as the liaison
between the Board and librar staff.

9
10
11

Mr. Marney will testify regarding NCRL and its policies, including: its

12
13

mission, collection development policy and internet usage policy. He wil
testify regarding NCRL's need to comply with the Children's Internet Protection

14
15

Act ("CIP A") and the Board's decision to implement an Internet filter to

16
i7

faciltate compliance with CIPA. Mr. Marney wil discuss NCRL's current
internet fitering profile, as well as the procedure for requesting that certain

18

19

internet content be unblocked by the fiter. Mr. Marney wil discuss the
unblocking requests NCRL has received from patrons and the process that he
and Mr. Howard follow in evaluating the requests. Mr. Marney wil also discuss
the other purposes the Internet fiters serve, beyond compliance with CIP A, to

20
21

22
23

24
25

include: (1) fulfillment of traditional collection decisions; (2) protection of staff

26
27 28

DEFENDANT NORTH CENTRAL

REGIONAL LIBRARY'S AMNDED WITNSS AND EXHIBIT LIST - 2
CY06-327-EFS
#66485 J v i i 42703 -00 i

Law Offce...

KARR TUTTLE CAMPBELL
A Professional Service Corporaiion
'lii..d ""caue, Suiic i9tJG. StIlIUe, WI,hiQiloD 98101-3028 'clcpbDDe [phone], Facsimile (206 611-710D

NCRL's Response
Page 27

,
I ,

\
)

1

and patrons from inadvertent exposure to ilegal, pornographic, or other

2
3

disruptive and inappropriate material; and (3) compliance with other state and
federal

4
5

laws.

2. Dan Howard

6
7
8

Dan Howard is the Public Services Director for NCRL. Mr. Howard

administers NCRL's 28 branch libraries and its mail order librar. He also
coordinates collection development activities and administer grants. With
respect to the individual branches, Mr. Howard's responsibilities include, among

9
10
11

12
13

other things, management of personneL. This includes supervision of all NCRL
branch librarians.

14
15

Mr. Howard will testify regarding NCRL's policies, to include: its
mission statement, collection development policy and internet usage policy. He

16 17
18
19

will discuss the relationship between the filter and collection development. He

20
21

will testify regarding his district's need to comply with the Children's Internet
Protection Act ("CIPA"). Mr. Howard wil also discuss NCRL's current

22
23

internet fitering profie and the procedure for requesting that certain internet

24
25

content be unblocked. Mr. Howard wil discuss the unblocking requests that

26 27 28

DEFENDANT NORTH CENTRL

REGIONAL LIBRAY'S AMNDED
WITNSS AND EXHIBIT LIST - 3
CV-06-327-EFS
#56485 i v l 142703-00 i
Law Offces

KARR TUTTLE CAMPBELL
A Professional Service Co'poralion
1101 Tblrd A\'cauc:. Siliie. 1700. SCiI"te, WalblDRIOII 98101-3028 TckphoM (106) iiJ-IJIJ, ¥ai:NmiJe [phone]

N CRL' s Response Page 28

J)

1

NCRL has received from patrons and the process that he and Mr. Marey use in
evaluating the requests.

2
3

4
5

Mr. Howard wil also discuss his experience with certain privacy
measures suggested by Plaintiffs, including: (1) privacy screens; (2) recessed

6
7
8

desks and (3) a "tap and tell" policy. Mr. Howard discuss his concerns with
unfitered access and the impact on branch staff.
3. Barbara Walters

9
10
11

Barbara Walters is the Information Technology Manager for the North

12
13

Central Regional Library District. She has served in this role since 2002.
Ms. Walters wil testify regarding the structure ofNCRL's computer network, to

14
15

include technical information and details regarding the configuration of the
Internet filter.

16 17

18 19

4. Connie Kuhlman

20
21

Connie Kuhlman is the Grant County Regional Manager and head of
Moses Lake Branch. Ms. Kuhlman ran the Grand Coulee Branch before Moses
Lake.

22
23

24
25

26 27
28

DEFENDANT NORTH CENTRAL REGIONAL LIBRARY'S AMENDED

WITNSS AND EXHIBIT LIST - 4
Cì'-06-327-EFS
#664851 vI 142703-001

Law Offces

KARR TUTTLE CAMPBELL
A Professional Service Corporalion
i,ni Tbird AVCIlIJC, Ie 2900. Sciitllc, Wubliigfoii !1IIJOI..01Ø Sui lclepboae (i~iZJ-IJ1J. FlK3mili: (106) 6U-71DO

NCRL's Response
Page 29

()

r-

')

1

Ms. Kuhlman wil discuss her personal experience with the internet filter,
including instances where individuals have circumvented the fiter to obtain

2
3

4
5

ilicit materiaL. She wil also discuss her concerns with unfiltered access.

5. Sharon Reddick

6 7
8

Sharon Reddick is the Okanogan/err County Regional Manager &
Head of Omak Branch.

9
10
11

Ms. Reddick wil discuss her personal experience with the internet filter,

including instances where individuals have circumvented the filter to obtain
ilicit materiaL. She wil also discuss her concerns with unfiltered access.

12
13

14
15

6. Katy Sessions

Katy Sessions is the ChelanIouglas County Regional Manager & Head
o f Wenatchee Branch.

16 17
18

Ms. Sessions wil discuss her personal experience with the internet filter,

19

20
21

including instances where individuals have circumvented the filter to obtain
illicit materiaL.

22
23

7. Deborah Moore

24
25

Deborah Moore is a NCRL Board Trustee from Grant County. She has
served in this capacity since January 2007. Ms. Moore will testify regarding the

26

27
28

DEFENDANT NORTH CENTRAL

REGIONAL LilRAY'S AMNDED
WITNSS AND EXHIBIT LIST - 5
C V-06-327-EFS
#664851 vI 142703-001
Law Offces

KARR TUTTLE CAMPBELL
A Proftssional Service Corpora/ion
4__, Third Aytiiue, Sulle 25100 Sunle. WUhla&lO. 5l81ØI-J028 TclepboDe [phone], F"i'mlle [phone]

N CRL' s Response Page 30

r)
\

1

current Internet Filtering Policy.

2
3

II. EXPERT WITNSS
1. Paul Resnick

4
5

Paul Resnick is a professor at the University of Michigan School of

6 7
8

Information. Mr. Resnick was retained by NCRL to serve as an expert in the
current litigation.

9
10
11

Mr. Resnick was asked to explain how the NCRL fitering software
works. He was also asked to assess the methods used in studying the error rates

12
13

in the fitering software NCRL uses as reported by Plaintiffs' expert,
Mr. Bennett Haselton. Mr. Resnick wil testify regarding all of these topics. In
addition, Mr. Resnick wil testify regarding his own study ofNCRL's filter.
Mr. Resnick wil be unavailable after June 6, 2008.

14
15

16

17
18

III. EXfITS
500
501 528

19

20
21

NCRL NCRL
NCRL
NCRL

Branch Library Map
Branch Photos

22
23

529
530
531

24
25

Resolution adopting Internet Usage Policy Board Minutes adopting Internet Usage Policy
Internet Usage Policy

26 27
28

532

NCRL NCRL

Current Fortiguard Filtering Profie

DEFENDANT NORTH CENTRAL REGIONAL LIBRARY'S AMENDED WITNSS AND EXHIBIT LIST - 6
CY06-327-EFS
#664851 v i 142703-001

LulIOffcC!.'

KARR TUTTLE CAMPBELL
A Professional Service! Corporation
.,ni T1:nlAYCIJlIlC, SlIile. 19UO,Sei11Ie. Wluhi8&IOa 98101-31)28 ~pbODC (2Ð6) lZ3.JJIJ, PII.!milc [phone]

NCRL's Response
Page 31

\
')
)

1

533 -

NCRL

Incident Reports

2
3

536 537
538 539

NCRL
NCRL

Internal memo discussing decision to
unblock "Plagerism"

4
5

6

NCRL

7
8

540

NCRL

9
10
11

541

NCRL

542-645 NCRL/Patrons

12
13

14
15

16
17
18

646 647 648 649 650
651

NCRL NCRL
Paul Resnick
Forti Guard

Internal memo discussing decision to unblock" Personal Relationships" Internal memo discussing decision to unblock YouTube, with accompanying Terms of Use Internal memo discussing decision to unblock Myspace, with accompanying Terms of Use Internal memo discussing decision to unblock Craigslist, excepting personals Patron requests to unblock specific internet content and NCRL response *The number of these exhibits may increase between now and trial as additional requests are received and additional correspondence is generated* Collection Development Policy
Mission Statement

19

Paul Resnick's Expert Report/Data Diagrams re: how FortiGuard fiter work (may be simply demonstrative)
March 11, 1999 Director's Report March 11, 1999 Board Meeting Minutes April 15, 1999 Board Meeting Minutes June 10, 1999 Board Meeting Minutes July 15, 1999 Board Meeting Minutes September 16, 1999 Board Meeting Minutes August 12, 1999 Director's Report October 14, 1999 Director's Report

20
21

22
23

652 653 654 655 656 657

NCRL NCRL NCRL NCRL NCRL NCRL NCRL NCRL

24
25

26 27
28

DEFENDANT NORTH CENTRA REGIONAL LIBRAY'S AMNDED WITNESS AND EXHIBIT LIST - 7
cV-06-327-EFS
#664851 y i 142703-001

La" OjJces

KARR TUTTLE CAMPBELL
A Profe.sslonal Senilce Corporation
i 20 i Tbird Avcauc, Su¡lc 2900. Sc.llle. W..billg1Dl 9Ð 101.3028 1bo_c [phone], VacÄmlle (:tD6 682-7100

N CRL' s Response
Page 32

i, )

¡)

,

1

2
3

4
5

658 659 660 661 662

NCRL NCRL NCRL NCRL NCRL

December 16, 1999 Director's Report

February 10, 2000 Director's Report January 13, 2000 Director's Report
November 17, 1999 Director's Report December 16, 1999 Board Meeting Minutes
February 10,2000 Board Meeting

6

664
663 664 665 666 667

NCRL NCRL NCRL NCRL NCRL NCRL NCRL NCRL NCRL NCRL NCRL NCRL NCRL NCRL NCRL NCRL NCRL NCRL NCRL NCRL

7
8

Minutes March 16, 2000 Board Meeting Minutes May 11, 2000 Board Meeting Minutes
June 15, 2000 Board Meeting Minutes August 10, 2000 Board Meeting Minutes September 14, 2000 Board Meeting

9
10
11

12
13

668 669 670
671

Minutes August 10, 2000 Director's Report October 12, 2000 Director's Report
October 12, 2000 Board Meeting

14
15

Minutes
December 14, 2000 Board Meeting

Minutes
672 673 674 675 676
677 678 679

16
17
18

December 14, 2000 Director's Report
January 11, 2001 Board Meeting

Minutes January 11, 2001 Director's Report

19

February 15, 2001 Director's Report
February 15, 2001 Board Meeting Minutes

20
21

22
23

March 15, 2001 Board Meeting Minutes June 14, 2001 Director's Report
October 11, 2001 Board Meeting Minutes

24
25

680
681

October 11, 2001 Director's Report
November 15, 2001 Board Meeting

26
27

Minutes
DEFENDANT NORTH CENTRAL

28 REGIONAL LIBRARY'S AMENDED
WITNSS AND EXHIBIT LIST - 8
CV-06-327-EFS
#66485 i vi 142703-001
Law Offce"

KARR TUTTLE CAMPBELL
A Professional Service CorporalJon
)201 Third MeaDe, Sulii: 2900 Sciillle, WiiblDi10II 98101-3018 Ti:kphoDe (106) 21J-I313, FKlImilc (206) 61l-7100

N CRL' s Response
Page 33

)

)

1

682
683

NCRL

January 17, 2002 Board Meeting

2
3

Minutes

NCRL NCRL NCRL NCRL NCRL NCRL NCRL

February 14, 2002 Board Meeting

4
5

684
685 686 687

6
7
8

Minutes February 14, 2002 Director's Report May 16, 2002 Director's Report May 16, 2002 Board Meeting Minutes
October 10, 2002 Board Meeting

9
10
11

688 689

Minutes December 12, 2002 Director's Report
January 15, 2004 Board Meeting
April

690
691

12
13

692 693 694
695 696 697 698

NCRL NCRL NCRL NCRL NCRL NCRL NCRL NCRL NCRL ACLU
NCRL/Heinlen
NCRL RESERVED Dallas Morning News

Minutes 15, 2004 Director's Report May 13,2004 Board Meeting Minutes May 13, 2004 Director's Report April 14, 2005 Board Meeting Minutes
December 15, 2005 Board Meeting

14
15

16
17

Minutes March 16, 2006 Board Meeting Minutes July 20, 2006 Board Meeting Minutes November 16, 2006 Director's Report

18

699
700 703

19

January 18, 2007 Director's Report Correspondence from ACLU to NCRL patrons soliciting a lawsuit Correspondence between NCRL and
Charles Heinlen

20
21

22
23

704 705 706
707 708

NCRL Bylaws RESERVED 1/15/2008 Article "On Dallas Library
Computers, Porn is a Regular Sight"

24
25

Brainerd Dispatch

KTHV Little Rock

26 27

8/16/2003 Article" Librarians Settle Porn Case" 10/3/2007 Article "Preventing Internet Predators in Libraries"

28 REGIONAL LIBRAY'S AMNDED
WITNSS AND EXHIBIT LIST - 9
cV-06-327-EFS
#664851 v I 142703-00 I
Law Offces

DEFENDANT NORTH CENTRAL

KARR TUTTLE CAMPBELL
A Professional ServJce Corpora/ion
1201 Third AVCDUl:, Siiiic ZlJl. Seattle, WubhiglO8 ,110)..028 TdcpboDc (206) i1JJ3JJ, F.cimillc(206) 6I1-7JOO

NCRL's Response
Page 34

)

! -, ,,

1

709

KTHV Little Rock
Library Journal

2
3

710

4
5

711

Courier -Journal

6

10/09/2007 Article "Sex Offender Legislation Targets Libraries" 2/5/2008 Article" After Attach on Child in Library, Mayor Wants to Bar Sex Offenders" 11/20/2007 Article "Louisvile man pleaded guilty to Child Pornography Charges - He Got Files Using Library
Computers. "

7
8

712
713

WSB Atlanta
Library Journal

9
10
11

11/12/2007 Article "Woman Wants Porn-Watching At Library Stopped" 6/15/2007 Article "Monroe Cty. Adopts
Tough Net Policy"
9/20/2007 Article "Library Reassess

714
715

Winonan

12
13

Mercury News
Charles Heinlen

14
15

716
717 718

Sarah Bradburn
Pearl Cherrington

16
i7
18

Public Access After Man Looks at Porn" 10/21/2007 Article "Councilman wants San Jose Libraries to Block Online Porn" Interrogatory /RFP Responses from Charles Heinlen Interrogatory /RFP Responses from Sarah Bradburn
Interrogatory /RFP Responses from Pearl

719 720

i9

20
21

Second Amendment Foundation NCRL

Cherrington Interrogatory /RFP Responses from Second Amendment Foundation Interrogatory /RFP Responses from NCRL

22
23

NCRL reserves the right to amend its exhibit list, both to withdraw or

24
25

add certain exhibits, based on Plaintiff's disclosure or to add exhibits as

26
27 28

DEFENDANT NORTH CENTRAL REGIONAL LIBRARY'S AMENDED WITNSS AND EXHIBIT LIST - 10
cY06-327-EFS
#664851 vi 142703-001

L.aw Offces

KARR TUTTLE CAMPBELL
A Professional Servke Corporalion
1101 Third AveDaft Suiic 1900 Seatte. Wa~biD.ilon 98101-30Z8 Tele(lhone (106) iiJ~IJIJ. PI(:8mllc (106 GØ2-7100

N CRL' s Response
P:io-P. 1'1

T. , \ì

1

additional unblocking requests are received. NCRL reserves the right to use

2
3

any exhibit proposed by Plaintiffs and admitted into evidence.
DATED this 28th day of

4
5

March, 2008.

KA TUTTLE CAIvBELL
By:/s/Celeste Mountain Monroe Celeste Mountain Monroe, WSBA #35843 E-mail -cmonroecqkaruttle.com Thomas D. Adams, WSBA #18470

6 7
8

9
10
11

E-mail-tadams~karruttle.com
Attorneys for Defendant North Central Regional Library District

12
13

KARR TUTTLE CAlBELL
1201 Third Ave., Ste. 2900 Seattle, W A 98101
Telephone: [phone]
Facsimile: 206.682.7100

14
15

16
17
18

19

20
21

22
23

24
25

26
27 28

DEFENDANT NORTH CENTRAL

REGIONAL LIBRAY'S AlNDED
WITNSS AND EXHIBIT LIST - 11
cY06-327-EFS
#5(í4851 vI 142703-001
Law Offces

KARR TUTTLE CAMPBELL
A Professional Service Corpora/ion
1%01 Third ÅYCIlIIC, Slillt 190Sun.c. WublDgtH 98101-30î8 TelepboDC (106li.U13, J'aciimlh: (2D6 68-7100

N CRL' s Response
Page 36

:

,: ')
\.

1

CERTIFICATE OF SERVICE
I hereby certify that on March 28, 2008, I electronically fied the foregoing with the Clerk of the Court
using the CMlEcF system which will send notification of such fiing to the persons listed below:
Duncan Manvile
Aaron Caplan
ACLU of

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1629 2nd Ave. W
Seattle, W A 98 i 19

Washington 705 Second Ave., Ste. 300
Seattle, W A 98 i 03

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Catherine Crup
American Civil Liberties Union Foundation
125 Broad Street, 17th Floor

New York, NY 10004

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KARR TUTILE CAMPBELL

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BY~
Heather L. White

hwhiteCfkartt1e.com

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DEFENDANT NORTH CENTRAL

REGIONAL LIBRARY'S A1'NDED WITNSS AND EXHIBIT LIST - 12
C"V06-327-EFS
#6ti4851 vI /42703-00 i

Law Offces

KARR TUTTLE CAMPBELL
A Professional Service Corporation
IZO) ThiriJ AnDDc, Suiic 290O,Sclnle. WlublD¡:0d 981UI-JUii Ti:lcpboDC (106 iZJ-1J 13, Ficlimlle [phone]

NCRL's Response
Page 37