Witt v. Department of the Air Force et al

Filing 63

MOTION for Protective Order by Defendants Department of the Air Force, Donald H Rumsfeld, Michael W Wynne, Mary L Walker. Oral Argument Requested. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit) Noting Date 3/12/2010, (Phipps, Peter)

Witt v. Department of the Air Force et al

Doc. 63 Att. 5

EXHIBIT 5
Excerpts from Plaintiff's Second Set of Requests for Production of Documents

Dockets.Justia.com

1 2 3 4 5 6 7 8 9 MAJOR MARGARET WITT, 10 Plaintiff, 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1. v.

THE HONORABLE RONALD B. LEIGHTON

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT TACOMA No. C06-5195 RBL

UNITED STATES DEPARTMENT OF THE AIR FORCE, et al., Defendants.

PLAINTIFF'S SECOND SET OF REQUESTS FOR PRODUCTION OF DOCUMENTS AND THINGS TO DEFENDANTS

Pursuant to Rule 34 of the Federal Rules of Civil Procedure, Plaintiff Major Margaret Witt submits the following Second Set of Requests for Production of Documents and Things to Defendants (collectively the "Discovery Requests"), the Department of Air Force, Robert M. Gates, the Secretary of Defense, Michael B. Donley, the Secretary of the Air Force, and Colonel Janette Moore-Harbert. INSTRUCTIONS These Discovery Requests must be answered fully, in writing and under oath, and

the requested documents served on counsel for Plaintiff, within thirty days of service of these

Pl.'s Second Set of Req. for Produc. of Docs. to Defs., Page 1 of 12 (Case No. 06-5195)

AMERICAN CIVIL LIBERTIES UNION OF WASHINGTON FOUNDATION 705 SECOND AVENUE, SUITE 300 SEATTLE, WASHINGTON 98104-1799 [phone]

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24

Request for Production No. 31: Produce all public statements made by the Defendants (dating from January 1, 2004 to the present), including but not limited to speeches, presentations, reports, and press releases, on the subject of United States Armed Forces personnel and sexual orientation or sexual conduct between two people of the same sex.

Request for Production No. 32: Produce all documents and communications referring or relating to all studies and assessments concerning service by gay and lesbian service members in the United States Armed Forces.

Request for Production No. 33: Produce Colonel Linda Carneal's personnel file and all documents pertaining to disciplinary action or admonishment concerning her relationship with Major Kevin Windsor 1.

Request for Production No. 34: Produce Major Kevin Windsor's personnel file and all documents pertaining to discipline and admonishment regarding his relationship with Colonel Linda Carneal.

Request for Production No. 35: Produce Major Sharon Carlson's personnel file and all documents relating to her relationship with Sergeant Candice Newberry 2.

1 We believe that Major Windsor is still on active duty in the Air Force however we are unaware of his current rank. 2 We believe that Candice Newberry is still on active duty in the Air Force however we are unaware of her current rank. AMERICAN CIVIL LIBERTIES UNION OF Pl.'s Second Set of Req. for Produc. of Docs. to Defs., WASHINGTON FOUNDATION 705 SECOND AVENUE, SUITE 300 Page 11 of 12 (Case No. 06-5195) SEATTLE, WASHINGTON 98104-1799 [phone]

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24

Request for Production No. 36: Produce Sergeant Charlene Taylor's 3 personnel file and all documents pertaining to her relationship with Marla 4.

Request for Production No. 37: Produce the Unit Manning Documents for the 446th AES for the years 2002 through 2007.

Request for Production No. 38: Produce all documents created, collected, obtained, produced or maintained, concerning the 446th AES, by MSgt Aaron W. Maness, the unit historian and in his role as the unit historian, from 2000 to 2006.

DATED this 23rd day of February, 2010. AMERICAN CIVIL LIBERTIES UNION OF WASHINGTON FOUNDATION

By: __/s/ Sarah A. Dunne___________________ James Lobsenz, WSBA #8787 Carney Badley Spellman 700 Fifth Avenue, Ste 5800 Seattle, WA 98104 [e-mail] [phone] Sarah A. Dunne, WSBA #34869 Sher Kung, WSBA #42077 ACLU of Washington Foundation [e-mail] [e-mail]
3 We believe that Charlene Taylor is still on active duty in the Air Force however we are unaware of her current rank. It is also our understanding that she previously went by the name of Charlene Livingston. 4 We have reason to believe that Charlene Taylor is engaged in a relationship with another unit member by the first name of Marla, but we do not have knowledge of her rank or last name. AMERICAN CIVIL LIBERTIES UNION OF Pl.'s Second Set of Req. for Produc. of Docs. to Defs., WASHINGTON FOUNDATION 705 SECOND AVENUE, SUITE 300 Page 12 of 12 (Case No. 06-5195) SEATTLE, WASHINGTON 98104-1799 [phone]