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UNITED STATES DISTRICT COURT

DISTRICT OF MASSACHUSETTS

SPRINGFIELD DIVISION

SEXUAL MINORITIES UGANDA,

Plaintiff,

v.

SCOTT LIVELY, individually and as President ofAbiding Truth Ministries,

Defendant.

CIVIL ACTION

NO. 3-12-CV-30051-MAP

DECLARATION OF JOSHUA COLANGELO-BRYAN IN SUPPORT OFPLAINTIFFS MOTION FOR ISSUANCE OF A SUBPOENA PURSUANT

TO 28 U.S.C. SECTION 1783(a)

I, JOSHUA COLANGELO-BRYAN, declare and state as follows:

1. I am Of Counsel with the law firm of Dorsey & Whitney LLP, counsel to Plaintiff

Sexual Minorities Uganda (Plaintiff) in the above-captioned case and submit this declaration in

support of Plaintiffs Motion for Issuance of a Subpoena Pursuant to 28 U.S.C. 1783(a) (the

Motion). I make this declaration upon personal knowledge, except where indicated.

2. The Motion seeks an order from the Court issuing a subpoena for the deposition

of Martin Ssempa and for the production of documents from Mr. Ssempa, a key witness in this

action who is currently located in Uganda.

3. A true and correct copy of Mr. Ssempas Nevada voter registration application,

dated July 6, 2012, is attached hereto as Exhibit A.

4. Beginning in December 2014, I repeatedly attempted to contact Mr. Ssempa on

the telephone. I had no success reaching Mr. Ssempa until January 6, 2015. On that day, I spoke

with Mr. Ssempa briefly by telephone and explained that I represented Plaintiff in the above-

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captioned action and mentioned that I wanted to speak regarding the possibility of deposing him.

Mr. Ssempa stated that he was not available to speak at that time, but that I could contact him

again.

5. Since the conversation on January 6, 2015, I have attempted to contact Mr.

Ssempa multiple times on the telephone without success.

6. On March 20, 2015, I sent a letter to Mr. Ssempa via email (the March 20

Letter). A true and correct copy of the March 20 Letter is attached hereto as Exhibit B.

7. In the March 20 Letter, I stated I wished to discuss the possibility of Mr.

Ssempas appearing voluntarily for a deposition in New York or in another location in the United

States. I also stated that Plaintiff would cover Mr. Ssempas travel expenses in full if he came to

the United States to be deposed. I further raised the possibility of deposing Mr. Ssempa in a

location outside the United States that would be more convenient to him if he were in Uganda.

8. Mr. Ssempa has not responded to the March 20 Letter.

9. Counsel for Defendant Scott Lively has informed me that he will not take any

steps to attempt and arrange for Mr. Ssempa to appear voluntarily for a deposition. A true and

correct copy of my correspondence with counsel is attached hereto as Exhibit C.

10. On March 27, 2015, Plaintiff attempted to serve a subpoena duces tecumand

subpoena ad testificandum (the Ssempa Subpoenas) on Mr. Ssempa personally at the Nevada

address listed on Exhibit A hereto, i.e.,his voter registration application. The individual serving

the Ssempa Subpoenas spoke with a man who stated that he was Mr. Ssempas father-in-law.

That individual stated further that Mr. Ssempa was in Uganda and that he did not know when or

if Mr. Ssempa planned to return to the United States. A true and correct copy of the Affidavit of

Attempted Service of the Ssempa Subpoenas is attached hereto as Exhibit D.


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I declare under the penalty of perjury that the foregoing is true and correct.

Executed on April 9, 2015 at New York, New York.

_/s/ Joshua Colangelo-Bryan___________

JOSHUA COLANGELO-BRYAN


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Case 3:12-cv-30051-MAP Document 143-1 Filed

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Page 1 of 2

xhibit

A

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d ,

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Exhibit B


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Exhibit C


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Exhibit D


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