Voluntary Disclosures
December 9, 1996
Defendant Eric Schaveland's Rule 26(a) Voluntary Disclosures:
C.R.C.P. Rule 26 Voluntary Disclosures
1. Disputed Fact: The home page belonged to Eric Schaveland, not Kristen Maaherra
Documents: Contract with Colorado Supernet; Correspondence with Internic (Julie Nichols at Internic indicated that Internic was sending a copy of correspondence to Urantia Foundation.)
Persons who are likely to have discoverable information on this matter:
Julie Nichols at Internic
505 Huntmar,
Herndon, VA 22070
703-742-0400
Jim Romary at Colorado Supernet
Dept. 331
Denver, CO 80291-0331
303-296-8202
2. Disputed Facts: Urantia is the name of a religion, the name of a revelation, and the name of a planet; and three concentric circles are generic religious symbols and the Flag or Banner of Michael.
Persons who are likely to have discoverable information on this matter:
Meredith Sprunger
40109 Plaza Drive
Fort Wayne, IN 46806
219-745-4363
C Barrie Bedell
PO Box 30571
Santa Barbara CA 93130
805-969-1565
Tom Choquette
5211 134th St SE
Everett WA 98208
206-337-1431 (plus 50 pages more of names of Urantians).
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December 9, 1996
PLAINTIFF'S RULE 26(A) INITIAL DISCLOSURES
COMES NOW plaintiff URANTIA Foundation ("Foundation"), through its attorneys, and makes the following disclosures pursuant to Fed.R.Civ.P. 26(a):
A. Individuals Likely To Have Discoverable Information:
In addition to the named parties and their representatives, the Foundation believes that the following individuals are likely to have discoverable information:
1. Mark Turrin
2451 Harvard Circle
Walnut Creek, CA 94596
Mr. Turrin has knowledge of the defendants' activities on the Internet and their use of the Foundation's marks on the Internet.
2. Scott Foerster
8365 Tamar Drive No. 843
Columbia, MD 21045
Mr. Foerster has knowledge of the defendants' activities on the Internet and their use of the Foundation's marks on the Internet. Mr. Foerster also assisted the defendants by serving as the "Web Master" for one or more of their Internet sites.
3. Larry Watkins
Mr. Watkins has knowledge of the defendants' activities on the Internet and their use of the Foundation's marks on the Internet.
4. David M. Graves
Network Solutions, Inc.
Internic Registration Services
505 Huntmar Park Drive
Herndon, VA 22070
(703) 742-0400
Mr. Graves has knowledge of defendant Schaveland's registration and use of the "urantia.com" domain name, his registration of "urantia-papers.org" as a domain name, and the dispute between the Foundation and defendant Schaveland arising from defendant Schaveland's registration and use of domain names which use the Foundations URANTIA mark, in whole or in part.
5.Julie Nichols
Network Solutions, Inc.
Internic Registration Services
505 Huntmar Park Drive
Herndon, VA 22070
(703) 742-0400
Ms. Nichols has knowledge of defendant Schaveland's registration and use of the "urantia.com" domain name, his registration of "urantia-papers.org" as a domain name, and the dispute between the Foundation and defendant Schaveland arising from defendant Schaveland's registration and use of domain names which use the Foundation's URANTIA mark, in whole or in part.
6. Philip A. Rolnick, Ph.D.
1714 Friar Tuck Road
Greensboro, NC 27408
(910) 545-
Dr. Rolnick formerly was a Trustee of the Foundation, and in that capacity he had conversations with defendant Eric Schaveland concerning the subject matter of this action.
B. Documents and Tangible Things
Copies of relevant documents not already produced as exhibits to the complaint and which are in the possession of counsel are enclosed.
Defendant Maaherra and her counsel also are in possession of copies of virtually all of the Foundation's records and documents which they deem relevant, as all of the Foundation's records and documents were produced for defendant Maaherra's inspection and copying in the Arizona litigation and numerous copies were made by the Foundation at her request.
The decisions and orders of partial summary judgment of the Arizona court also are relevant to the issues in this case.
C. Damages
Because money damages would be inadequate compensation, the Foundation is primarily seeking equitable relief in the form of a permanent injunction under the Lanham Act prohibiting the defendants from infringing the Foundation's marks, and a mandatory injunction ordering defendant Kristen Maaherra to comply with her previous settlement agreement with the Foundation. The Foundation also seeks a statutory award of costs and attorneys fees under the Lanham Act. In the event the Foundation's copyright in The URANTIA Book is reinstated by the Ninth Circuit, the Foundation will also seek injunctive relief and attorneys fees under the Copyright Act. The Foundation only seeks monetary damages to the extent it adequately compensated by the injunctive relief sought by its complaint. In the event the Foundation prevails in the Ninth Circuit, it also seeks a permanent injunction under the Copyright Act enjoining the defendants from infringing the Foundation's copyright in The URANTIA Book on the Internet, or in any other manner.
D. Insurance Agreements
The Foundation is unaware of any insurance policy that would affect the claims in this action.
Dated this 9th day of December, 1996.
By Scott A. Wharton
Dean Booth
William Slamkowski
Attorneys for Plaintiff Foundation
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December 9, 1996
Documents from Plaintiff Foundation:
"Copies of relevant documents not already produced as exhibits to the complaint and which are in the possession of counsel" are listed as follows:
June 7, 1996, letter from Julie Nichols of Internic to Eric Schaveland.
May 14, 1996, letter from Julie Nichols of InterNIC to Dean Booth.
April 24, 1996, letter from Dean Booth to David Graves of Internic.
March 1, 1996, letter from David Graves of Internic to Joan Bondi at Plaintiff Foundation.
November 23, 1995, NSI Domain Name Dispute Policy Statement.
February 27, 1996, letter from Joan Bondi to Internic.
November 3, 1994, letter from Dale Owens to Internic.
April 1, 1996, letter from Joe1002@AOL (America Online) to Plaintiff Foundation.
April 4, 1996, letter from Joe1002@AOL (America Online) to Scott Foerster.
November 27, 1996, Supernet web stats for urantia-papers.org.
July 16, 1996, e-mail from Lamar Zabielski to Joe1002 at America Online.
July 21, 1996, e-mail from Norm DuVal to Joe1002 at America Online.
September 13-19, 1996, article from the Denver Business Journal, "Religious group sues Internet Publisher."
October 19, 1996, e-mail from julianne@seanet.com to Joan Bondi.
April 10, 1996, print-out of www.csn.net/~schave/, Eric Schaveland's Home Page Site.
April 10, 1996, print-out of www.ubook.org/~urantia/, Mark Turrin's Home Page Site.
March 25, 1996, print out of http://uranita.com, when Scott Foerster was webmaster.
November 29, 1996, e-mail from desertrock@gnn.com (Jim McCallon) to Ubtalk@cue.com, concerning Rosey Lieske, printed out by Joan Bondi @ AOL.
November 30, 1996, e-mail from desertrock@gnn.com (Jim McCallon) to Urantial@www.urantia.org, concerning Rosey Lieske, printed out by Joan Bondi @ AOL.
December 2, 1996, e-mail from rplieske@GetNet.com (Rosey Lieske) to Jim McCallon and all, printed out by Joe1002@AOL.
April 24-May 1, 1996, letter from Dean Booth to Eric Schaveland, never received by Eric Schaveland.
Last Updated April 9, 1997 by Kristen Maaherra