IN THE GREENE COUNTY COMMON PLEAS COURT

XENIA, OHIO
CIVIL DIVISION

Virgil Vaduva )
1247 June Dr. )
Xenia, OH 45385 )
) Case No. 2010 CV 0209
Plaintiff, )
v. )
)
City of Xenia ) Judge: John Kessler
101 N. Detroit Sst. )
Xenia, OH 45385 )
)
Xenia City Council )
101 N. Detroit St. )
Xenia, OH 45385 )
)
Xenia City Manager )
101 N. Detroit St. )
Xenia, OH 45385 )
)
Defendants. )
)

MEMORANDUM IN REPONSE TO DEFENDANTS’ OPPOSITION TO

PLAINTIFF’S MOTION FOR DISCOVERY

Plaintiff hereby submits this memorandum in response to Defendants’ request to

deny Plaintiff’s motion for discovery, and respectfully ask this court to grant Plaintiff’s

motion for the reasons set forth herein.

Plaintiff has previously filed a motion with this court for order of discovery of

evidence due to the time-sensitivity of Plaintiff’s complaint and the special circumstances

encompassing the case. Plaintiff does not know the circumstances in which Defendants
are willing to or able to destroy documents which could serve as potential evidence in the

case, nor is Plaintiff aware of the Defendants’ documents retention or documents

destruction policy, which may allow Defendants to destroy potential case evidence under

the guise of “policy.”

Furthermore, Plaintiff has not become aware of Defendants’ legal representation

until April 1, 2010 during the initial hearing with this court, making it impossible to

“resolve the mater through discussion with the attorney” before the filing of the motion.

Lastly, Plaintiff’s requests for court order regarding the production of telephone

call placed on February 02, 2010 at 2:30 PM under access code 290720 is made for order

of production by No Cost Conference Inc. located at 924 Pacific Dr., San Diego, CA. The

reasons for this request are based on previously obtained public records from Olentangy

Public School system, documents which indicate efforts by Avakian Consulting and their

associates to encourage their clients to pursue out-of-band and off-line communication

and methods aimed at undermining and subverting Ohio’s Sunshine Laws (see attached

e-mail exchange).

Defendants’ have failed to show this court how Plaintiff’s motion for discovery

places an unreasonable burden on, or harasses Defendants, and have failed to provide

legal reasons for the denial of Plaintiff’s motion. Consequently, Plaintiff respectfully

asks this court to order Defendants to produce requested documents, and order No Cost

Conference Inc. to produce a recording of telephone call placed on February 02, 2010 at

2:30 PM under access code 290720.

Respectfully submitted,

___________________________
Virgil Vaduva, Defendant
1247 June Dr.
Xenia, OH 45385