IN THE COURT OF COMMON PLEAS OF NORTHAMPTON COUNTY, PA

CIVIL DIVISION - LAW

BERNARD O’HARE
CIVIL ACTION
Plaintiff,
No. C-48-CV-2013-9297
v.
JURY TRIAL DEMANDED
TIMMER BROADCASTING COMPANY,

Defendant.

STIPULATED ORDER

On this ___ day of _______________, 2015, plaintiff Bernard O’Hare and defendant

Timmer Broadcasting Company agree and stipulate, and the Court hereby orders, the following

production of documents and information by plaintiff O’Hare:

1. Plaintiff Bernard O’Hare shall provide full and complete answer to Interrogatory

No. 6 of defendant Timmer’s First Set of Interrogatories within thirty days of the date of this

Order. In particular, plaintiff O’Hare shall provide his gross income since 2008, identify all

sources of income since 2008 (“sources” shall not include each and every attorney paying

plaintiff for title searches), and identify all documents relating to his gross income and sources of

income since 2008, subject to a Protective Order entered by the Court.

2. Plaintiff O’Hare shall produce all documents responsive to Document Requests

Nos. 19-23 of defendant Timmer’s First Set of Document Requests, including but not limited to

the following:

a. all documents relating to any revenue, income, earnings and/or other

compensation since 2008 (Request No. 19),

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 b. all documents relating to any dealings or communications between

plaintiff and any person or entity that advertised or considered advertising on plaintiff’s blog,

Lehigh Valley Ramblings (Request No. 20);

c. all documents relating to any employment (or self-employment plaintiff

has had since 2008 (Request No. 21)

d. all federal, state and local tax returns (including underlying

documentation) since 2008 (Request No. 22); and

e. all of plaintiff’s bank and financial statements since 2008 (Request No.

23),

subject to a Protective Order entered by the Court. If plaintiff O’Hare does not have documents

responsive to the requests set forth in subparagraphs (a)-(e) above, plaintiff shall, in a written,

verified response, state so.

3. Plaintiff O’Hare, on April 7, 2015, produced four pages of Google Analytics

documents to defense counsel, and shall cooperate in good faith with defense counsel to

determine what additional documents relating to his blog’s readership (as requested in Document

Request No. 18 of Timmer’s First Set of Document Requests) are available for production and

shall produce such documents. Defendant shall bear the actual costs necessary to make

additional responsive documents available for production, so long as plaintiff provides advance

notice of such costs.

4. Plaintiff O’Hare shall, to the extent feasible, produce all documents responsive to

Document Request No. 8 of defendant Timmer’s First Set of Document Requests, including but

not limited to all documents showing the real or true identity of individuals who posted

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anonymously on plaintiff’s blog, Lehigh Valley Ramblings, since 2008, including but not limited

to any IP addresses and ISPs provided by Stat Counter to the extent they exist.

5. Plaintiff O’Hare shall provide a written verified response stating that the email

identified in Paragraph 18 of his Complaint, and any associated metadata, no longer exists, and

shall make best efforts to determine when the email was destroyed or deleted, and state the

results of such efforts in his written, verified response. Plaintiff shall also provide any copies of

the email (e.g., forwarded copies) subject to any assertion of attorney-client privilege.

6. Plaintiff O’Hare has represented that he has produced a CD containing the

contents of a flash drive containing all documents responsive to Document Request Nos. 3(d), 4-

5 and 11 of defendant Timmer’s First Set of Document Requests.

7. Plaintiff O’Hare has represented that he has produced all documents responsive to

Document Request Nos. 4-6, 8, 13-17, and agrees he has a continuing obligation to produce any

additional responsive documents as he learns of their existence.

Failure to comply with this Order may result in sanctions upon further application to the

Court.

___________________________ _______________________________
Richard J. Orloski, Esquire Robert C. Clothier
Counsel for plaintiff Bernard O’Hare Counsel for defendant Timmer Broadcasting
Company

SO ORDERED BY THE COURT

_______________________________
J.

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