Plantiff's Motion to Compel Production of Documents - The DADT ...

Case 2:04-cv-08425-VAP-E Document 130 Filed 03/19/10 Page 48 of 83 Page ID #:830
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
do that.
MR. FREEBORNE: Well, your Honor on that score though
the fact that we have provided documents that relate to many of
the issues that Plaintiff seeks to inquire into in the 30(b)6
deposition does establish our point that alternative means were
not only available but had been taken advantage of by Plaintiff
and we have responded to those which would negate any need for
a 30(b)6 deposition.
THE COURT: So you gave them discovery concerning
discharge experience and enlistment waivers, to some extent?
What other discovery have you given them?
MR. FREEBORNE: They had asked for information about
service members who had successful rebutted the presumption.
The statutory presumption, your Honor, is that one who makes a
statement that he or she is homosexual, that gives rise to a
presumption that they will engage in homosexual acts. They had
asked that we produce information about service members who
have successfully rebutted that presumption, which of course
necessitated the Privacy Act Protective Waiver but we have
provided that.
mind?
EXCEPTIONAL REPORTING SERVICES, INC
48
THE COURT: All right. Anything else that comes to
MR. FREEBORNE: Your Honor, we've provided all the
studies, which I believe that there were -- don't hold me to
this, I believe there were, well hundreds of studies that we