scott kucik affidavit regarding service on father christopher hartley

Case 1:07-cv-11623-DPW Document 35-4 Filed 05/28/2008 Page 2 of 8

Case 1:08-mc-00010-RJL Document 2-2 Filed 01/18/2008 Page 2 of 19

IN THE UNITED STATES DISTRICT COURT FORTIlEDISTRICf OF COLUMBIA

FELIPE VIaNI LLUBERES, etaL, ))

Plaintiffs, ))

v. ) Civil.ActionNo.1:0S-mc·0001().RJL)

UNCOMMON PRODUCTIONS, LLC, et~ ))

Defendants. )))

AFFIDAVIT OF scorr KUOK

I. Scott Kucik, do herebyswear and affirm under the penalties of peljwythat the following

information is based on mypersonal knowledge. that I am competent to so testify, and that it is

both true and correct.

1. I grew up here in Washington, D.C. and gaduated from Gonzaga. O>llege High

School in 1984.

2. In 1989. I graduated from The Cttholic UniversityofAmerica, earning mydegree in

English literature.

3. I am manied, and mywife and I have a four-month old daughter. We are of the

Catholic faith.

4. I have been employed as a process serVer aDd as aManagerat Qpito] Process

Services ("Capitol") for approximatelyren years.

5. I have personallysetVedp~ss for approximately ten yeats. manyhere in the

District of Columbia. I also supervise approximatelyren to fiftfen process selVel'S at Capitol,

ensuring that the applicable rules and procedures are followed. I aho have served process on behalf


Case 1:08-mc-00010-RJL Document 2-2 Filed 01/18/2008 Page 3 of 19

of manystate and federal COUItS, including this Honorable Coort on manyoccasions. On no

occasion has anyCourt ora.rbitml bodydetermined that any AffJdavit of Service I signed was in any

way.iIJaccurate or incorrect.

6. As set forth below, on Wednesday, November 14, 2007 at 5:02 pm. I pe1'Sonally

setVed FatherOnistopherHartleywitb a Subpoena tiutr5 ttmm (the "Subpoena"), a true and conect

copyof which is attached hereto as Emoit 1

7. Benjamin G. O1ewof Patton Boggs UP, one of the counsel for plaintiffs in the

above-captioned matter, first contacted me about serving Fr. Hartleyon or about Tuesday,

November 13.

8. Mr. 0Jewexplained to me that, given that the pel'SOn to be served was a Catholic

priest, he wanted the service to be effected in the most sensitive, unobtrusive and respectful way

possible. Indeed, given the sensitivityof the assignment, Mr. Chewasked that either David Fe~r, .

Capitol's owner, orr. peISonaByeffect the service on Fr. Hartley.

9. After I told Mr. O1ewthat I would handle the service ofFather Hartley, Pe

explained thatFr. Hartleywould be appearing at a Congressional hearing the o.ext ~y, ai?4t.hat:I

should meet him there for hmch to discuss the particulm.. .

10. The next dayI met Mr. Chew and his colleague NJgel L. Wilkinson for·lunch at a

restaurant on Capitol Hill

. 11. At lunch, Mr. O1ewapprised me that the three of us were to attend the hearing but,

to avoid eIIlbamssment to Fr. Hutley, I was not to serve himwith the Subpoena. Wltilhe ~.out of

the building and awayfrom anycrowd. :Mr. 01ewako provided me $40 in cash, wPich he di(ecred

~ to serve on Fr. Hartleyas the requisite witness fee along with the Subpoena.

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12. After the lunch I attended the hearing, sitting next to Mr. Chew. Mr. Wtlkinson sat

in anomer part of the room. Fr. Hartleyspoke at great length, meittioning the VJCini family many

times. Mr. Chew and I both brought cell phones to the hearing.

13. At mydirection. Ambiko Guice of Capitol was parked in a vehicle outside.

14. I planned that, after the hearing, Mr. Guice and I would follow Fr. Hartleyand seNe

him in a quiet and respectful manner.

15. At the end of the hearing I sepamted from Mr. <llewand waited for Fr. Hartleyto

emerge from the hearing room.

16. After a few minutes Fr. Hanleycame into the hall and entered the.elevatorwith an :

African American male who was approximar.ely6'3", 240 pounds, and appeared to heiri his: .: .. !

forties/fifties with close-cropped hair (the "ThirdParty").

17. I entered the eIevatorwithFr. Ha.rt1eyand the ThiJdParty. Fr. Ha.rt1eyand the

Third Partyspoke to each otherin what appeared to be a familiar manner.

18. Fr. Han:leyand the Third Partyexited the elevators and pro~ded d~~:a fligl¢ of

stairs 31riYing at the entrance of Independence Avenue, as did I. .' .

19. All three of us exited the building.

20. Per myinstmetiODS, Mr. Guice was parked in front of the building.

21. Fr. Hartleyandthe ThUd Partybegan walking toward lot andIndependence Avenue.

22. I followed Fr. H.utleyand the ThUdPatty, staying at a distance .of abow; ~~30,~

behiqdthem. .... :.! .::. . - . . -- .

·23. Mr. Guice was unable to move his vehicle because it was stuck in traffic.

24. I became concerned that Fr. Hartleyand the 'IhiniPaItrwould haila~~h

would. mycontinued following of them.difficuIt or impossible. AccoIdiDgly, I calledMr.

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O1eW on mycell phone for instructions. Mr. <ltewasked me to please proceed to serve the'

Subpoena on Fr. Hartley.

25. At that time, Fr. Hu.tleyand the Third Partywere walkiDg at aleisure1ypace.

Having concluded mybrief telephone convexsation with Mr. O1ew, I quickened mypace, and, at the

intersection of 1R and Independence Avenue, I closed the distance, aniving behind the twO waiting

for the stoplight to change.

26. As I approached within a few feet of Fr. Hardeyand the Third Patty, I addressed Fr.

Hartleybyspeakinghis name.

27. Fr. Hartleytumed toward me, and I took an additional few steps ~ that I was with

Fr. Hattleyand the Third Party(that is, within approximatelytwo fee~.

28., I told Fr. Hartleythat I was serving him with awitcess,sub~ • hplditig the

Su\>poena out toward him so that he could read itwhile I was serving him.

~9. Fr. Hutleytwnedhis backto me without taking the Subpoena in.his,~~,

30. I then requested that Fr. Hartleyplease take the Subpoena in his hand so that I

w~uld not have to leave it at his feet. As he ignored me, I continued to plead with him ina, defe~tial and apologetic manner for him to take the Subpoena.

31. When Fr. Hartleyfailed to respond, I laid the Subpoena at IUs ,feet. I~ th.e ".

wit:pess fee in my hand because I did not want to put the cash on the groUnd.

32. The light changed, after which Fr. HMtleyand the ThiniP~cro$S~d.,the ~~.: "

After crossing the street, Fr. Hattleyand the Third Partycontinued to walknot immediateirhailing'

anytaxi ", " . . .. ", "". ': ~=....o. _:.-:. •

33., I did not pumJe Fr. Hattleyacross the streetbe~e I bad a1read:y~service. :' ,

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34. I called Mr. O1ew from the scene on mycell phone, informing hiiritbitThad""

effected service on Fr. Hartley, but that Fr. Hartleyhad refused to take the Subpoena, requiring me

to leave the Subpoena at Fr. HartleYs feet.

35. .Aftercompleting mytelephone conversation with Mr. Chew,l waited at the place I

served Fr. Hartleyfor approximately ten minutes. At that point, when it was clear that Fr. Hartley

would not be returning to retrieve the Subpoena, I picked it up, so as to avoid someone else picking

it up, which might have embamssed Fr. Hattley. I later returned the Subpoena to Mr. O1ew.

. 36. On November 15, 2007, I executed an Affidavit of Service, a true and correct copy

of which is attached as Exhibit 2.

37. Mr. Clewrecentlyprovided me a copyof Fr. Hanleys MotiOn to Qlash Non-Party

Subpoena, including the Declaration of Father Ouistopher Hartleyaan~~? 4OQ8}(~~: ':..;' .

pecJara.tion").

38. . 'P~ph 9 of the HartleyDeclaration reads as follows:

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"During the afternoon of November 14, 2007, while accompani~4;1hy. ,'" ":a reporter from ~,Joe Johns, I did hearan individual call out my .name as I crossed an interseetton near the UnitedS~.Capitol, ..' ..building in the District of Columbia. HOwever, I did not see the . ,. .individual The individual did not hand me anydoCUQ1eDtS.or ,.", ',,:-: <i;!:~";"'-::'. .attemptto band me anydocuments." .....':

~. _.,

: :.... The HartleyDeclaration is inaCCUIate in sevenll reSpects: ....\,' . . .. :.. c· '.':.'

. a) First, I did not call out his name as he crossed the intersection..~r. I approaChedand. adm'essedhim respeetfullyas he and the ThUd Partywaited at the. light.

. b) Second, Fr. Hutleyturned toward me and velYd.efmitely~w~ ~.l.:~~~ ':' ..' to~ dUring which time I was within onlyabout two feet ofhim. . .. ." .... '.'

'cf Third, he sawme hold out the Subpoena to him' .'. '.. i,. ;,,; :;~'!';':'.,;.;~:;..: :,': ..... , < •

. .'. 'd) .' Founh, not onlydid I attempt to hand him the Subpoena, but alSo, 'When Fr.~y .tumed~ back to me to avoid the Subpoena, I asked him e:xplicitlyto takethe Subpoena in his·hand so that I would not have to leave it at his feet. . .

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Filed 01118/2008 Page 8 ot.1g.·

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District of O>lumbia: 55

Subscnbed and sworn to before me this IlPt hdayof JCl hlA~r~ .2008.

NiooioG.o.b0U~~1MNotary Public. Districtof Colum ia

My Commission Expires: My COmmission &pires 01-14-2009

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scott kucik affidavit regarding service on father christopher hartley

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