Notice of Production and Request
As part of Discovery, admitting Interrogatories and Notice of Production and Request plays a crucial role. Put simply, a notice to produce involves: requesting documents, tapes and other material needed to further define your allegations. In an employment discrimination case, this might also include: personnel files, attendance records, phone logs, employment manager's handbooks. Interrogatories are written questions you want answered, such as the number of employees in a department, what is the racial and religious makeup and specific job qualifications.
Interrogatories and Notice of Production and Request material are being published as soon as they are received by the US Attorney and served on them in return. An attempt is being made to explain why specific information is requested, strategies and why certain information might not be quickly forthcoming by the US Attorney.
On February 17, 2000, the US Attorney struck first! US Department of Justice INTERROGATORIES and DOCUMENT REQUESTS were served on Caryl Leventhal.
Author's Notes, below. They capture the US Attorney's motivations, approach and strategy.
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Author's Notes: The document received, employs the standard US Attorney's Office strategy. Knowing that a typical American citizen like Caryl Leventhal is not represented by a team of attorneys, they attempt to bury the opposition in paperwork. The US Attorney has a huge staff paid for by the American Taxpayer. Squandering taxpayer funds to defend an exceptionally weak position becomes their primary defense. In the era of condescending government, "doing the right thing" becomes a contemptuously discarded alternative. By using this strategy, they place Caryl's attorney with the burden of redundant research and jeopardizing his practice. Their goal is forcing a surrender to a tyranny based on squandering an unending supply of taxpayer dollars.
In point of fact, Caryl's husband Michael Leventhal will research and supply all documentation deemed reasonable. They are aware that Mr. Leventhal has a full time job. In addition, since Caryl has Multiple Sclerosis, Mr. Leventhal returns from work and does the cooking and cleaning with little time left for anything but sleep. This is also part of US Department of Justice strategy. If they can create household conditions that would upset Caryl, it is possible that she would get her first exacerbation of Multiple Sclerosis since she was terminated from their Immigration and Naturalization Service in the Summer of 1996. They can then claim that Caryl's exacerbations of MS in the Summer of 1995 and 1996 - brought on by the brutal actions of US Department of Justice INS employees - were just part of a "normal" cycle in her condition.
Additionally, if they can create conditions that would get Mr. Leventhal fired from his own job, the resulting financial situation would force a settlement on their terms, or dropping the case all together.
Much of what the US Department of Justice's US Attorney's Office requests is outrageously unreasonable. During the earlier prerequisite Administrative EEO Process, FOUR INCHES of bound document copies were sent to Caryl Leventhal by the US Department of Justice. This was only done because of legal requirements. Assuming that the original documents weren't shredded by US Department of Justice personnel to mask the ugly facts in this case, the US Attorney should already be in possession of most of what they are requesting. Their actions are being used for nothing other than harassment purposes.
CONSENT TO DISCLOSURE...
Forms That Kill
Author's Notes: A typical set of papers in Request for Documents are the Consent to Disclosure forms. At first these forms seem like reasonable, if highly intrusive requests. In a typical civil suit, it is not unusual for an adversary to request this information. Such information is necessary to determine the level of financial Damages.
On the other hand, the forms sent to Caryl Leventhal for signature are "BLANKET" forms. If she signs them as is, there is nothing keeping the US Attorney from publishing this information to other government agencies, news sources or even medical insurance companies. They can be used for any purpose, including what in its broadest sense would be tantamount to blackmailing someone into a settlement on Justice Department terms.
Medical insurance companies keep information in huge computerized databases. The information in these databases is used by HMO's and other organizations to determine eligibility. Directly or indirectly, signing blanket release forms would allow the US Department of Justice to punitively release information of poor health into these medical databases. The threat of being denied medical coverage can be used to exert pressure on someone to settle on terms dictated by the US Department of Justice. It can also be used to punish someone for what the USDOJ might consider to be "inflexibility."
Additionally, while Caryl Leventhal has been incapable of gainful employment since her mistreatment within the US Department of Justice's Immigration and Naturalization Service, she and her husband have filed tax forms jointly. Because of this, her husband Michael's income tax records would also be subject to unrestricted public scrutiny. It has not been unheard of for subsequent IRS investigations to be used as punitive acts.
This site will report on any punitive acts by the USDOJ.
April 7, 2000 SUBSEQUENT UPDATE: In order to keep up the momentum of the case and show her good faith (in spite of the fact that the US Attorney has still refused to supply any Production of [requested] Paperwork, Caryl Leventhal signs the releases as is. Again, any punitive acts on the part of the US Attorney will be immediately reported.
February 18, 2000: Caryl Leventhal Responds to US Department of Justice, by serving them with her own Requests
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Many times, Interrogatories and Document Requests are broadly based. Lawyers frequently cast a large net to see what they can catch. However, since, the case of Caryl Leventhal v. Janet Reno and the United States Department of Justice is extremely well documented, the Interrogatories are very specific. They are crafted to be easily obtainable, thus removing the typical objections. If the US Attorney refuses this type of information, Caryl will immediately request that the Judge order this information to be forthcoming.
US Department of Justice attempts at blocking Caryl's receiving this information will be disclosed. The US attorney has "answered" Caryl's complaint. They have admitted some allegations, denied others and partially replied to the rest. Through interrogatories, Notice of Production and Request information and individual questioning during Discovery, Caryl will "hold their feet to the fire."
On the same day (February 18, 2000), Notice of Depositions were served on four key US Department of Justice/Immigration & Naturalization Service management personnel.
March 23, 2000: The US Attorney replies to Caryl Leventhal's request for Interrogatories and Notice of Production of documents relevant to the case. This is a normal part of the Discovery process. In the request for relevant documents, it is normal for an adversary to decline, as much as possible, information that can be used by their opponent. It is practically unheard of for a competent attorney to deny every request. The natural response of the opposite side is to file papers with the judge. The judge then reviews the request and, based on his or her determination, orders which material must be forthcoming by law.
In an attempt not to antagonize the judge with frivolous refusals of legitimate requests, attorney's give considerable thought to their decisions. If any material is denied, it is usually backed up by solid reasoning ... with the exception of the US Department of Justice.
Over the years, the USDOJ has become known for viewing the Federal Court system as their personal domain. In conformity with a capricious arrogance, they view the concept of being taken before court themselves, as an affront to their growing imperial role.
In light of this, Caryl Leventhal's request for Production of paperwork was sculpted carefully. A very real attempt was made to keep the US Attorney from properly claiming that the requests were "unduly burdensome." As such, most requests for information were narrowed to data concerning Section 245 in the Immigration and Naturalization Service at 26 Federal Plaza. This is an area encompassing approximately 40 people. In addition, most of the requested discovery was statistical rather than personal. It was information that could be easily extrapolated from existing data. In this way, the US Attorney could not rationally claim that Caryl Leventhal's requests were "personal and confidential."
For example, since Reverse Discrimination exists as a basis of Ms. Leventhal's complaint, a request was made for racial statistics on employees within the small area in which she was employed. This is information kept by virtually all agencies within the Federal Government.
None the less, the US Attorney refused ALL information. The only documents supplied were copies of extraneous papers already in the possession of Ms. Leventhal since December 1997. This information was supplied by Administrative law, during the prerequisite Administrative Process. In the spirit of the Watergate scandal, all else was denied under the guise of "client confidentiality" and "executive privilege."
March 24, 2000: Caryl Leventhal presents the US Department of Justice with responses to Interrogatories and Notice of Production of Documents. The Documents are labeled, cross-referenced and completely open.
March 24, 2000: Caryl Leventhal's attorney hand delivers Interrogatory and Notice of Production request for documents to the US Department of Justice. Contrary to to the complete non-responsiveness of the US Attorney, the document is presented with considerable information that the US Attorney never had in their possession. All documents are labeled and cross referenced for easy review.
Most responses are covered by a disclaimer of objection to the specific request. This is a standard tactic to protect the client. The openness in Caryl's responses contrasts markedly with that of the US Attorney (see above). Among other reasons, it is because virtually everything presented to the US Department of Justice reveals the strength of Caryl Leventhal's case. On the other hand, faced with a shamefully weak defense, the US Attorney chooses to callously stall for time. It is a shameful attempt at wearing down a sick woman and then pushing for a settlement on their own terms.
Were Caryl Leventhal African-American and the roles reversed, the Administrative EEO complaint system would not have been compromised by an institutionalized, race-based pecking order. The people who brutalized Caryl B. Leventhal would have been punished years ago. There would have been no necessity for a court battle and hundreds of thousands of taxpayer dollars would not have to be expended in defending the indefensible. One very important reason for this lawsuit is to force the United States Government into treating ALL Americans with the same level of equality guaranteed them by the United States Constitution.
US Attorney Attempts to Substitute Reams of Paper for Information Requested... Wants Caryl's Husband Present only in Heavily Armed US Department of Justice Buildings.
April 24, 2000: Fearing that Caryl Leventhal will inform the trial judge that the US Attorney refuses to comply with Notices of production of paperwork in a Neo-Watergate retrograde to the early 1970's, he dumps reams of unneeded paperwork on her attorney. The US Attorney is deathly frightened of the racial implications in Caryl Leventhal's lawsuit. Continuing to hide behind irrelevant "client confidentiality" and "attorney client privilege," he objects to supplying general demographic information for a small department of some thirty people.
In addition, he requests that Caryl Leventhal's husband, LTC Michael Leventhal only be present if meetings between parties are conducted behind the heavily armed doors of a US Department of Justice building. A decorated military reserve officer and business professional is treated like a sociopathic felon. This demonization of an American has been used in the past as a prerequisite for a USDOJ physical response. It reinforces Ms. Leventhal's fears that as this case progresses towards a public trial, the lives of both her and her husband might be in jeopardy.
May 1, 2000: Ms. Leventhal's attorney sends a request for ignored production of paperwork to US Attorney. There is no response.
June 15, 2000: In preparation for filing a complaint with the federal judge assigned to this case, Caryl's Attorney sends another correspondence to the US Attorney requesting documents.
June 15, 2000: US Attorney replies by claiming that he will reply to the request for documents after June 30, 2000. He then goes on to request that Caryl Leventhal be deposed two more times in July heat. This is in spite of four months of pleas by Ms. Leventhal's husband to finish deposing his brain damaged wife and victim of Multiple Sclerosis in cooler weather.
July 25, 2000: US Attorney subpoenas records from Caryl Leventhal's former employer. He will find that in her three and one half years of employment she received consistently good reviews for performing work of a more complex level than at the Immigration & Naturalization Service.
August 1, 2000: Without it being requested by the US Attorney, Mr. Leventhal turns over Caryl Leventhal's final review from her previous place of employment in the private sector. He also hands over the job specifications for this position. Caryl Leventhal's attorney is instructed to give this information to the US Attorney for review.
August 4, 2000: Caryl Leventhal's attorney informs Mr. Leventhal that after a five month battle, the US Attorney has finally turned over racial demographic information of Section 245 INS. This information validates Ms. Leventhal's contentions of a department "reserved" for African-Americans. It coincides with information secured through depositions that Ms. Leventhal was the first white to hold the position of Supervisory Application's Clerk, Section 245, INS 26 Federal Plaza NYC in decades. Ms. Leventhal was immediately replaced by an African-American to preserve the racial "purity" of this position.
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Commentary and Author's Notes written and Copyright © by: LTC Michael G. Leventhal
Copyright 2000 Reproduction with written permission. Contact: Michael @Justice-Denied.net