Witt v. Department of the Air Force et al

Filing 78

DECLARATION of Sarah A. Dunne filed by Plaintiff Margaret Witt re 77 MOTION for Protective Order Prohibiting Interference with Non-Party Witnesses by Defendants (Dunne, Sarah)

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Honorable Ronald B. Leighton

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT TACOMA MAJOR MARGARET WITT, Plaintiff, v. UNITED STATES DEPARTMENT OF THE AIR FORCE; et al., Defendants. DECLARATION OF SARAH DUNNE IN SUPPORT OF MOTION FOR PROTECTIVE ORDER PROHIBITING INTERFERENCE WITH NON-PARTY WITNESSES BY DEFENDANTS Case No. C06-5195-RBL

Pursuant to 28 U.S.C. § 1746, I, Sarah Dunne, hereby declare as follows: 1. I am counsel for the plaintiff and have personal knowledge of the facts contained

in this Declaration. 2. Attached hereto as Exhibit A is a true and correct copy of a letter dated April 14,

2010, from Peter Phipps to James Lobsenz. 3. Attached hereto as Exhibit B is a true and correct copy of a letter dated April 19,

2010, from Sarah Dunne to Peter Phipps. 4. Attached hereto as Exhibit C is a true and correct copy of a letter dated April 21,

2010, from Bryan Diederich to Sarah Dunne. DECL. OF SARAH DUNNE IN SUPP. OF MOT. FOR PROTECTIVE ORDER PROHIBITING INTERFERENCE WITH NON-PARTY WITNESSES BY DEFS. -- Page 1 (Case No. C06-5195 RBL)
AMERICAN CIVIL LIBERTIES UNION OF WASHINGTON FOUNDATION 705 Second Avenue, Suite 300 Seattle, Washington 98104-1799 [phone]

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5.

Attached hereto as Exhibit D are true and correct copies of excerpts from the

deposition of Colonel Mary E. Walker, dated January 8, 2010. 6. Attached hereto as Exhibit E are true and correct copies of excerpts from the

deposition of Captain Jill Robinson, dated March 16, 2010. 7. Attached hereto as Exhibit F are true and correct copies of excerpts from the

deposition of Master Sergeant Leah Crawford, dated March 17, 2010. 8. Attached hereto as Exhibit G is a true and correct copy of Defendants'

Supplemental Objections and Responses to Plaintiff's Interrogatory No. 12. 9. Attached hereto as Exhibit H is a true and correct copy of Informal Ethics

Opinion No. 1020, "Advice by Prosecuting Attorneys to Prospective Witnesses." 10. On April 21, 2010, government counsel and I participated in a telephone

conference concerning the issue of non-party witness interference. We discussed the issue for almost thirty minutes but were unable to reach a resolution amendable to both parties. 11. I have searched the online lawyer directory for the Washington State Bar

Association located at www.wsba.org then follow "Lawyer Directory" hyperlink (http://www.mywsba.org/Default.aspx?tabid=177). As of April 27, 2010, Major Linell Letendre is listed as an active member of the Washington State Bar with bar number, WSBA #31988. I was unable to find Lt. Col. Todi S. Carnes in the Washington State Bar Association Lawyer Directory. I declare under penalty of perjury that the foregoing is true and correct, and that this Declaration was executed on April 27, 2010 in Seattle, Washington. _/s/ Sarah A. Dunne______________ Sarah A. Dunne, WSBA #34869

DECL. OF SARAH DUNNE IN SUPP. OF MOT. FOR PROTECTIVE ORDER PROHIBITING INTERFERENCE WITH NON-PARTY WITNESSES BY DEFS. -- Page 2 (Case No. C06-5195 RBL)

AMERICAN CIVIL LIBERTIES UNION OF WASHINGTON FOUNDATION 705 Second Avenue, Suite 300 Seattle, Washington 98104-1799 [phone]

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CERTIFICATE OF SERVICE I hereby certify that on April 27, 2010, I electronically filed this Declaration of Sarah Dunne in Support of Motion for a Protective Order Prohibiting Interference with Non-Party Witnesses with the Clerk of the Court using the CM/ECF system which will send notification of such filing to the following: Peter Phipps [e-mail] Marion J. Mittet [e-mail] Bryan R. Diederich [e-mail] Stephen J. Buckingham [e-mail]

Attorneys for Defendants

DATED this 27th day of April, 2010.

AMERICAN CIVIL LIBERTIES UNION OF WASHINGTON FOUNDATION By: /s/ Nina Jenkins Nina Jenkins Legal Program Assistant 705 Second Avenue, Suite 300 Seattle, WA 98104 Tel. [phone] [e-mail]

DECL. OF SARAH DUNNE IN SUPP. OF MOT. FOR PROTECTIVE ORDER PROHIBITING INTERFERENCE WITH NON-PARTY WITNESSES BY DEFS. -- Page 3 (Case No. C06-5195 RBL)

AMERICAN CIVIL LIBERTIES UNION OF WASHINGTON FOUNDATION 705 Second Avenue, Suite 300 Seattle, Washington 98104-1799 [phone]

EXHIBIT A

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EXHIBIT B

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EXHIBIT C

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EXHIBIT D

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EXHIBIT E

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EXHIBIT F

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EXHIBIT G

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EXHIBIT H

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