3ABN & Danny Shelton
v.
Gailon Joy & Robert Pickle
Plaintiff 3ABN's Interrogatories to Defendant Robert Pickle (First Set)
Interrogatory Nos. 14-17
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Interrogatory No. 14:
Identify each expert whom You have retained or anticipate retaining
or with whom You have consulted or intend to consult regarding
the subject matter of this dispute and each expert whom You intend
to call as a witness at the trial of this matter, including for
each expert their name, address, date of birth, educational background,
employer, and field of expertise (including any specialties),
the subject matter upon which the expert is expected to testify
and the person's qualifications to testify as an expert, the
mental impressions and opinions held by the expert on the subject
matter of this dispute, and all facts known to the expert that
relate to, or form the basis of, the expert's impressions and opinions.
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Response by Defendant Pickle: Unknown at this point. The
court-determined deadline for this information is far away.
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Interrogatory No. 15:
Describe in detail and with particularity each and every document,
including correspondence between You and Gailon Joy, Gregory
Matthews, Linda Shelton, or any other person, not otherwise identified
in Your Answers to these Interrogatories, that relates to the
subject matter of this action or that You may, regardless of
Your degree of certainty that You may, offer into evidence at the trial of this matter.
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Response by Defendant Pickle: See auto-discovery materials.
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Interrogatory No. 16:
For each and every Statement of Fact made by You, identify to
whom the Statement of Fact was made, when the Statement of Fact
was made, and how the Statement of Fact was communicated.
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Response by Defendant Pickle: See auto-discovery materials.
Whatever we've said, we've said by word of mouth, by email, and by internet forum postings.
But we simply have not kept track of every last detail of such things.
(If you don't have any clue to whom and how we've said what, you probably
shouldn't have sued us.)
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Interrogatory No. 17:
Identify, describing in detail and with particularity, any and
all information on any personal or business computer used by
you to create, maintain, or edit the www.Save3ABN.com website,
including in your identification the make, model and type of
computer, the owner of the computer, the physical location of
the computer, the identity of any information used to create,
maintain or edit the website that has been deleted or erased,
with the date of the deletion or erasure, and the complete text
and language of any personal or business
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policy or policies relating to the deletion of live or archived
computer information that would apply to the computer(s) identified.
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Response by Defendant Pickle:
"Make, model and type of computer": a) Desktop PC. b) Compaq Presario PC.
"Owner of the computer": Defendant Pickle. "Physical location of the computer": The answer to this
question has included more than ten states and three countries since we became involved. Thus, the location
varies. "Identity of any information used to create, maintain or edit the website that has been
deleted or erased, with the date of the deletion or erasure": We do not recall the deletion of the
last remaining copies of textual information, if that is what you are inquiring about. "Complete text and
language of any personal or business policy or policies relating to the deletion of live or archived
computer information": Since Defendant Pickle is not a lawyer, he has never thought of having a written policy.
But his practice has been the following: No file should intentionally be deleted unless (a) the hard disk is
getting full, (b) the file in question is a temporary or duplicate file, and/or (c) the file does not continue
to serve a useful purpose. In that regard, graphic and video files that represent steps toward a finished product
may have been deleted once the finished product was completed, since they no longer served a useful purpose.
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Dated: August 20, 2007
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FIERST, PUCCI & KANE, LLC
John P. Pucci, Esq.
64 Gothic Street
Northampton, MA 01060
Telephone: 413-584-8067
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and
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SIEGEL, BRILL, GREUPNER,
DUFFY & FOSTER, P.A.
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[signed] Jerrie M Hayes
Gerald S. Duffy (MNReg. #00000)
Wm Christopher Penwell (MNReg. #000000)
Jerrie M. Hayes (MNReg. #000000)
Kristin L. Kingsbury (MNReg. #000000)
100 Washington Avenue South
Suite 1300
Minneapolis, MN 55401
(612) 337-6100
(612) 339-6591 – Facsimile
Attorneys for Plaintiffs Three Angels
Broadcasting Network, Inc. and
Danny Shelton
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