1 The Honorable Edward F.

Shea
2

8
UNITED STATES DISTRICT COURT
9 EASTERN DISTRICT OF WASHINGTON
10
SARAH BRADBURN, PEARL
11 CHERRINGTON, CHARLES No. CV-06-327-EFS
HEINLEN, and the SECOND
12 AMENDMENT FOUNDATION, DECLARATION OF DUNCAN
MANVILLE IN SUPPORT OF
13
Plaintiffs, PLAINTIFFS’ MOTIONS IN
14 LIMINE
v.
15
NORTH CENTRAL REGIONAL
16 LIBRARY DISTRICT,
17
Defendant.
18

19
I, Duncan Manville, declare as follows:
20
1. I am one of the attorneys for Plaintiffs Sarah Bradburn, Pearl
21
22 Cherrington, Charles Heinlen and the Second Amendment Foundation. I am

23 over the age of 18 and competent to testify to the matters stated herein. I make
24 this declaration on personal knowledge.
25
2. Attached as Exhibit A is a true and correct copy of excerpts from
26
Defendants’ Initial Disclosures, served on February 14, 2007.

DECLARATION OF DUNCAN MANVILLE IN SUPPORT OF

PLAINTIFFS’ MOTIONS IN LIMINE – Page 1
 1 3. Attached as Exhibit B is a true and correct copy of excerpts from
2 Defendant’s Responses to Plaintiffs’ First Interrogatories and Requests for
3
Production, served on June 18, 2007.
4
4. On several occasions after NCRL made its Initial Disclosures,
5
defense counsel supplemented those disclosures, either via a letter, via e-mail, or
6

7 in person at a deposition. These supplemental disclosures were provided to us

8 on March 26, 2007; October 16, 2007; February 12, 2008 (via hand delivery and
9 email); February 21, 2008; February 22, 2008, March 4, 2008; March 24, 2008;
10
and March 26, 2008.
11
5. Attached as Exhibit C is a true and correct copy of the cover letter
12
that accompanied NCRL’s hand-delivered February 12, 2008 supplemental
13

14 disclosures.
15 6. At no time did NCRL amend or supplement the statements in its
16 Initial Disclosures regarding board members and branch librarians (namely, that
17
these witnesses were not known to have information necessary to the defense of
18
the case, and that NCRL would amend its disclosures if it determined that it
19
would “need to consult” with them).
20

21 7. In fashioning Plaintiffs’ discovery plan, Plaintiffs’ counsel relied

22 upon NCRL’s Initial Disclosures and discovery responses to determine which
23 fact witnesses should be deposed. Based on the information that NCRL
24
provided to us, we chose to depose Dean Marney, Dan Howard and Barbara
25

26

DECLARATION OF DUNCAN MANVILLE IN SUPPORT OF

PLAINTIFFS’ MOTIONS IN LIMINE – Page 2
 1 Walters. We relied on the statements in the Initial Disclosures when deciding
2 not to depose any NCRL board members or branch librarians.
3

4
I declare under penalty of perjury that the foregoing is true and correct.
5
Executed this 31st day of March, 2008 at Seattle, Washington.
6

7
By: /s/ Duncan Manville
8 Duncan Manville, WSBA #30304
9
1629 2nd Avenue W.
Seattle, WA 98119
10 Tel. (206) 288-9330
Fax (206) 624-2190
11 duncan.manville@yahoo.com
Co-Counsel for Plaintiffs
12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

DECLARATION OF DUNCAN MANVILLE IN SUPPORT OF

PLAINTIFFS’ MOTIONS IN LIMINE – Page 3
 1 CERTIFICATE OF SERVICE
2 I hereby certify that on March 31, 2008, I electronically filed the
3
foregoing document with the Clerk of Court using the CM/ECF system, which
4
will send notification of such filing to the persons listed below:
5
Thomas D. Adams
6
Celeste Mountain Monroe
7 KARR TUTTLE CAMPBELL
8
1201 Third Avenue, Suite 2900
Seattle, WA 98101
9
Attorneys for Defendant
10
DATED this 31st day of March, 2008.
11

12
AMERICAN CIVIL LIBERTIES UNION
OF WASHINGTON FOUNDATION
13

14 By: /s/ Aaron H. Caplan

Aaron H. Caplan, WSBA #22525
15 American Civil Liberties Union of
16
Washington Foundation
705 Second Avenue, Third Floor
17 Seattle, WA 98103
Tel. (206) 624-2184
18 Fax (206) 624-2190
caplan@aclu-wa.org
19

20

21

22

23

24

25

26

DECLARATION OF DUNCAN MANVILLE IN SUPPORT OF

PLAINTIFFS’ MOTIONS IN LIMINE – Page 4
EXHIBIT A
EXHIBIT B
EXHIBIT C