3ABN & Danny Shelton
v.
Gailon Joy & Robert Pickle

Plaintiff 3ABN's Interrogatories to Defendant Robert Pickle (First Set)

Instructions and Definitions

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The instructions seem to contain a serious, legal blunder that Attorney Jerrie Hayes did not catch.

UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS Three Angels Broadcasting Network, Inc., an Illinois non-profit corporation, and Danny Lee Shelton, individually, Plaintiffs, v. Gailon Arthur Joy and Robert Pickle, Defendants.   Case No.: 07-40098-RCL PLAINTIFF 3ABN'S INTERROGATORIES TO DEFENDANT ROBERT PICKLE (FIRST SET) TO: Defendant Robert Pickle, and his counsel of record, Laird Heal, Esq., 3 Clinton Road, P.O. Box 365, Sterling, MA 01564. NOTICE PLEASE TAKE NOTICE that You are hereby requested and required to furnish answers, under oath, to the following Interrogatories to counsel for Plaintiff Thee Angels Broadcasting, Inc. ("3ABN") within thirty (30) days from the date of service herein pursuant to Federal Rule of Civil Procedure 33(b)(3). INSTRUCTIONS In answering these Interrogatories, completely identify or provide all information requested to the full extent known to and ascertainable by You, Your agents, and Your attorney(s), whether or not in Your possession, and whether or not alleged to be privileged

Response by Defendant Pickle:     You stated above that these interrogatories need to be answered "pursuant to Federal Rule of Civil Procedure 33(b)(3)," and then state, "completely identify or provide all information ... whether or not alleged to be privileged." Yet since Rule 33(c) states, "Interrogatories may relate to any matters which can be inquired into under Rule 26(b)(1)," and Rule 26(b)(1) states, "Parties may obtain discovery regarding any matter, not privileged ...," your instructions appear grossly out of line and inconsistent. How can you appeal to Rule 33 while at the same time "instructing" us to provide you with all privileged information, something Rule 26 says you are not entitled to have?

[page 2] In answering these Interrogatories, if privilege is alleged as to any information or document, or if an Interrogatory is otherwise not answered in full after the exercise of due diligence to secure complete information, state the specific grounds for not answering the Interrogatory in full and answer the Interrogatory to the extent to which no objection is made or the information is available, and fully identify the information for which any privilege is asserted, specifying the nature of the privilege. Unless otherwise specified, these Interrogatories refer to the period of time from January 1, 2004 through the present, and thereafter on a continuing basis until the disposition of the trial of this action. These Interrogatories shall be deemed continuing, and shall require supplemental answers if additional information is obtained before trial. You are hereby put on notice that objection will be made at the time of trial to any attempt to introduce evidence which is directly sought by these interrogatories and to which no answer or disclosure has been made. DEFINITIONS As used herein, the following words and phrases shall have the following definitions:   1. Document means any written, recorded or graphic matter however produced or reproduced, including, but not limited to electronic form, that is or has been in Your possession, control or custody or of which You have knowledge, including without limitation: documents, letters, correspondence, e-mail, telegrams, memoranda, handwritten or stenographic notes, minutes, publications, books, pamphlets, brochures, electronic data, tapes, pictures, films, voice recordings, processing films, studies, surveys, reports, statistical compilations, graphs, charts, maps, operating [page 3]     statements, profit and loss statements, balance sheets, financial statements, listings and itemizations of inventory, prospectuses, certificates, and receipts, as well as every copy of such documents where the original is not in Your possession, custody or control, or where such copy is not an identical copy of an original or where such copy contains any commentary or notation whatsoever that does not appear in the original.   2. Identify when used in reference to an individual person means to (a) state the person's full name, resident address and telephone number (designated as present or last known), (b) state his or her position or business affiliation, and (c) state the person's business address and telephone number (designated as present or last known).   3. Identify when used in reference to a firm, partnership, corporation, proprietorship, association, or any other organization or entity, means to (a) state its full name, registered address, the address and telephone number (designated as present or last known) of its principal place of business, (b) state the legal form of such organization or entity and the state of incorporation or organization of the entity, and (3) state the identity of the entity's Chief Executive Officer and Registered Agent.   4. Identify when used in reference to a document means to (a) state the type of document (e.g. letter, memorandum, telegram, contract, invoice, etc.) or some other means of identifying it, (b) state its dates of creation, finalization and dissemination, (c) state its author, the addresses or other information identifying its intended recipient or audience, and its present location and its current custodian. If any identified document was, but is no longer, in Your possession or subject to Your [page 4]     control, state also its means of disposition and date of disposition, and identify the person or persons who last had possession or control of the document.   5. Identify when used in reference to a conversation, conference or a meeting means to (a) state all persons participating in or attending the conversation, conference or meeting, (b) state the nature and purpose of the conversation, conference or meeting, (c) state the date upon which the conversation, conference or meeting occurred, (d) state the means of communication by which the conversation, conference or meeting occurred (e.g. in-person, by teleconference, by videoconference, etc.), (e) state all documents prepared for or assembled in preparation for the conversation, conference or meeting, (f) state all documents that record, summarize or memorialize the conversation, conference or meeting, (g) state all documents arising out of such conversation, conference or meeting, and (h) identify all action known by You to have been taken as a result of the conversation, conference, or meeting.   6. Date means the exact day, month and year, if ascertainable, or the best available approximation thereof, including relationship to other events (designated whether exact or approximate).   7. Describe means to state with particularity, including but not limited to each date, fact, event, or occurrence, to identify each matter, and to identify each individual who can testify as to such dates, facts, events, occurrences and documents.   8. Statement of Fact means any statement You have made orally or in writing to any third party about Plaintiff 3ABN or about Plaintiff Danny Shelton during the period January 1, 2004 to the present which you claim is factual and truthful and which forms the basis for your claims [page 5]     should resign his position at 3ABN. Without limiting the scope of this definition, and without intending to be an exhaustive list of such statements, examples would include "the actions of the Plaintiff Danny Lee Shelton ... has conducted himself in such a way as to violate theological integrity, undermine operational capability, to prey upon the financial soundness of the entity 3ABN and to inappropriately redirect large sums to his personal benefit with and without properly constituted corporate authority" contained in Defendants' Answers to Plaintiffs' Complaint and "The plaintiffs' personal, professional and corporate conduct is chimeral and duplicitous as they profess adherence to Seventh-Day Adventist conservative theology while Three Angels Broadcasting Network, Inc., allows their self-appointed leader to conduct himself in such a way as to prove violative of the clear and rigorously enforced standards required of ministry leadership within the Seventh-day Adventist Faith just as they are expected of the churches' membership" and "They collusively have repeatedly violated the code of conduct expected of an institution that professes an absolute faith in, and teaches, the doctrines of the Seventh-day Adventist Church" contained in Defendants' Rule 26(f) Conference Report.   9. You or Your means Defendant Robert Pickle and his agents, representatives, employees, assigns or attorney(s).

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