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

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

Interrogatory Nos. 8 & 9

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Interrogatory No. 8:     Describe in detail and with particularity each and every fact and circumstance that You claim supports Your allegations that 3ABN has failed to take appropriate steps to curb the actions of Danny Lee Shelton, that 3ABN has failed to set up appropriate accounting processes to account for sums gifted, and that 3ABN has failed to discipline or has endorsed by vote or affirmation, actions by Danny Lee Shelton that have undermined 3ABN, as those allegations have been set forth in the Answer of Defendants to Paragraph 14 of Plaintiffs' Complaint, including in Your description a description of the actions of Danny Lee Shelton that You allege should have been curbed and the basis upon which You conclude they should have been curbed, the cause of 3ABN's failure to take appropriate steps to curb Danny Lee Shelton's actions, a description of the accounting process You conclude 3ABN failed to set up and the basis upon which You conclude that the accounting process You describe to be appropriate, the cause of 3ABN's failure to discipline Danny Lee Shelton, a description of the instances, including the date, time and means, by which 3ABN endorsed by vote or affirmed actions by Danny Lee Shelton, and a description of the action that was endorsed or affirmed.

Response by Defendant Pickle:     "3ABN has failed to take appropriate steps to curb the actions of Danny Lee Shelton": As of the receiving of these interrogatories, 3ABN had not to our knowledge disciplined or fired Danny Shelton. "3ABN has failed to set up appropriate accounting processes to account for sums gifted": Check with Gailon Joy on this one. "3ABN has failed to discipline or has endorsed by vote or affirmation, actions by Danny Lee Shelton that have undermined 3ABN": As of the receiving of these interrogatories, we hadn't heard a whisper of any discipline whatsoever. According to statements made, the 3ABN Board did endorse Danny Shelton's remarriage even though, according to Danny Shelton himself, he divorced Linda Shelton without the biblical grounds of knowing that she had committed adultery.

"A description of the actions of Danny Lee Shelton that You allege should have been curbed": The 3ABN Board never should have allowed Danny (and Linda) Shelton to purchase a house from 3ABN for $6,139, which they resold a week later for $135,000, and they should never have allowed that sale to be reported by 3ABN to the IRS as a $46,652.05 loss instead of as compensation to Danny (and Linda) Shelton. We would think that Danny Shelton's pulling off that sort of caper should have been grounds for dismissal, as well as dismissal of Board Chairman Walt Thompson who sanctioned this scheme by signing the legal documents. And then to top it all off, the 3ABN Board allowed legal documents to be filed by 3ABN in the property tax appeal case that claim that there is no evidence of private inurement! See Opening Appellant Brief and Reply to Opposition to the Appellant Brief.

"The basis upon which You conclude they should have been curbed": As a friend of ours put it regarding the above real estate deal, "If those three don't know it, what they did was a form of theft, and if they don't confess it and make the necessary restitution, then they are going to hell."

"The cause of 3ABN's failure to take appropriate steps to curb Danny Lee Shelton's actions": You'll have to ask them. It's an absolute mystery to us why they've had such a difficult time doing the right thing. "A description of the accounting process You conclude 3ABN failed to set up and the basis upon which You conclude that the accounting process You describe to be appropriate": We'd have to research that one and get back to you, or you can ask Gailon Joy, or perhaps Attorney Heal can help in that regard. "The cause of 3ABN's failure to discipline Danny Lee Shelton": Like we said above, you'll have to ask them. "A description of the instances, including the date, time and means, by which 3ABN endorsed by vote or affirmed actions by Danny Lee Shelton, and a description of the action that was endorsed or affirmed": If you can get us authentic, original, untampered-with copies of all the minutes that accurately describe all votes, we'll see how complete a detailed list we can make for you.

Interrogatory No. 9:     Describe in detail and with particularity each and every fact and circumstance You claim supports Your allegation that 3ABN "would have no good commercial purpose and therefore would have limited trademark rights and would have no known commercially valuable goodwill, other than its actual or perceived theological integrity or operational integrity" and that 3ABN's "financial soundness is, therefore, entirely dependant upon its theological integrity, not its trademark" as that allegation has been set forth in the Answer of Defendants to Paragraph 15 of Plaintiffs' Complaint.

Response by Defendant Pickle:     Your quotation omitted the qualifier that the entire argument depends upon, namely, "If 3ABN is a non-profit religious organization." Thus, you are really asking how the Lanham Act applies to non-profit religious organizations. Our apologies that we are not adept at the specifics regarding that. We will try to research it when I get a chance. Or, you can ask Gailon Joy, or perhaps Attorney Heal can explain it to you.

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